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CS Professional · Labour Laws and Practice · Law of Welfare and Working Condition

Meera Industries has a collective agreement under which workers get a more generous benefit on a matter than the OSH Code provides, while on another matter the Code gives a better benefit than the agreement. The company argues that the agreement alone governs, since it was signed before the Code commenced. What is the correct position under the Code?

The employee keeps the more favourable agreement benefit and also receives the Code benefit on the matter where the Code is better. The Code overrides inconsistent agreements made before or after commencement, but its proviso protects more favourable existing entitlements matter by matter.

  1. AThe agreement prevails fully because it was made before the commencement of the Code
  2. BThe Code prevails fully and the agreement's benefits lapse
  3. CThe employee continues to get the more favourable agreement benefit and also gets the Code benefit on the other matterCorrect
  4. DThe employee must choose either the agreement or the Code for all matters

Explanation

The Code overrides inconsistent agreements, whether made before or after commencement. However, the proviso protects an employee who is entitled to more favourable benefits on any matter, and the employee keeps these even while receiving Code benefits on other matters. So the choice in option D is not required.

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