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Mandate Concerned over "Strenghtened Inability to Pay Clause"
Thursday 19 January 2012, 11pm
The current legislative proposals on sectoral wage agreements permit an employer - subject to certain conditions - to apply to the Labour Court for a derogation from the wage rates set in the sectoral wage agreement on the basis of inability to pay.
The Labour Court must be satisfied that without the exemption, there would be a substantial risk to jobs or to the sustainability of the employer's business.
While it is accpeted that there may be situations where an employer may not be in a position to pay and where there is meaningful engagement with Mandate Trade Union due consideration will be given to those circumstances in the interests of Members, it is a source of great concern that ammendments will be added that may be manipulated to circumvent the legislation that is of fundamental importance for the protection of workers.
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