When considering the issue of balancing derogatory agreements in the court of human rights, it should also be stressed that night work, which exceeds eight hours and up to 24 hours, can be agreed, in accordance with Article 50, paragraph 4, of the Court of Human Rights, i.e. under an individual employment contract. , either as part of a collective agreement. Article 51, paragraph 6, of the Court also authorizes the application of collective agreements and collective agreements for the distribution of daily rest in a non-law (minimum six-hour prohibitions). Many employment contracts are partly or entirely made up of conditions obtained collectively through bargaining with a union. Such collective agreements may be incorporated into the employment contract by explicit registration or sub-treated by law. As soon as a union obtains express permission from its members to act on their behalf as an agent, any agreement with the employer is included in each employment contract. For example, in the context of the 1996 ERDF, collective agreements are provided that replace the legal provisions on the right to unfair termination or the right to legal compensation. If the Secretary of State accepts the collective agreement, the terms negotiated between the union and the employers will replace the conditions created and provided for by law. Collective agreements are generally valid for two years, sometimes three and sometimes one. Before the contract expires, the union and employer will enter into negotiations for a renewal contract.
A collective agreement (TES) is an interim contract between a union and an employer union on the conditions of employment observed in this area. Agreements are usually specific to the field. They include the conditions of employment of working office workers, for example. B, in the finance, IT services, construction, metallurgical and data communication sectors. In Hungary, collective agreements may deviate from labour law with regard to work and rest, the law provides specific instructions and maximum limits for this type of exemption. In Poland, a derogation from the legislation is only allowed if it offers the worker more favourable conditions. The Latvian labour code does not provide for derogatory provisions through collective agreements. Like Estonia, Latvia has labour relations that are mainly governed by law, while the individual employment contract is more than the collective agreement seen as an alternative to the regulation.
Workers are not required to join a union in a given workplace. Nevertheless, most industries, with an average union training of 70%, are subject to a collective agreement. An agreement does not prohibit higher wages and better benefits, but sets a legal minimum, much like a minimum wage. In addition, an agreement on national income policy is often, but not always, reached, bringing together all trade unions, employers` organisations and the Finnish government.  Before entering into negotiations on a collective agreement, the union must be certified by the Labour Council. In a short period of time after the certification is received, the union will begin collective bargaining (or negotiations) with the employer.