VAN HOEK violation of intemational law on this point. Another law which is relevant to the system of collective negotiations is the Collective Labour Agreements(declaration of Generally Binding and Non-binding Status) Act of 1936(Wet AVV). This lay contains the procedure to make collective agreements generally binding and regulates the legal consequences thereof If it is impossible to reach an a greement between the socal partners on abour conditions in a specific sector of the economy, the Minister of Socal Affairs may upon the request of the socal partners, detemine the relevant standards. These regulations have a content and binding force which is similar to collective nts or generally bin ollowed 3In practice, this power is rarely used by the Minister. Most sectors of the economy have a work ing system of collective negotiations. Even if it occasionally proves difficult to reach an agreement, the government will not intervene. But if for some reason a sensible system of negotations cannot take place, then the specal procedure of the Wage Formation Act can be used. The most recent example thereof consists of regulations perta ining to the abour conditions of seafarers(regeling The concept of the collective agreement in the Collective Labour Agreements Act 1927 n Dutch law, one has to distinguish between a formal and a material concept of collective agreement. The materal concept of collective agreement is very wide The Collective Labour Agreements Act stipulates that a collective agreement is an agreement between one or more employers or one or more organisations of employers 34 and one or more organisations of employees, which contains predom inantly or exclusively stipulations on the abour cond itions to be respected in indiv idual labour contracts. This description of the collective a greement, stemming from the time when the act on collective agreements was enacted in 1927. has proved over the years not to pose a real lim itation on the powers of the social partners The concept of collective agreement'covers both sector agreements and agreements etween the unions and a single employer. It applies to collective agreements ontaining provisions on a myrad of subjects as well as to specific agreements ona single subject only. Basically, all the elements of labour law that lend themselves to agreement m the sense of the Act. 36 employers, can be the subject of a collective negotiation between the unions and Wet op de loonvorming Artt 5 and 6 respectively Regeling bijdrage Stichting Zeemanswelzijn Nederland 1998/1999, Al nr. 8989, Bijv. Stcrt. 16-041998.nr.72 Associations having full legal capacity( verenigingen metvolledigerechtsbevoegdheid) Collective Labour Agreements Act 1927(Wet CAO) Art. 1: Onder collectieve arberdsovereenkomst wordt verstaan de overeenkomst aangegaan door een of meer wergevers of een of meer verenigingen met volledige rechtsbevoegdhed van werkgevers en een of meer rerenigngen met volledigerechtsbevoegdheid van werknemers, waarbij voornamelyk of uitsluitend orden geregeld arbeidsvoorwaarden, bij arbeidsovereenkomsten in acht te nemen. However, collective agreements pertaining to pension plans are covered by separate Acts, theVAN HOEK 8 violation of international law on this point. Another law which is relevant to the system of collective negotiations is the Collective Labour Agreements (Declaration of Generally Binding and Non-binding Status) Act of 1936 (Wet AVV). This law contains the procedure to make collective agreements generally binding and regulates the legal consequences thereof. If it is impossible to reach an agreement between the social partners on labour conditions in a specific sector of the economy, the Minister of Social Affairs may, upon the request of the social partners, determine the relevant standards. These regulations have a content and binding force which is similar to collective agreements or generally binding collective agreements, depending on the procedure followed.32 In practice, this power is rarely used by the Minister. Most sectors of the economy have a working system of collective negotiations. Even if it occasionally proves difficult to reach an agreement, the government will not intervene. But if for some reason a sensible system of negotiations cannot take place, then the special procedure of the Wage Formation Act can be used. The most recent example thereof consists of regulations pertaining to the labour conditions of seafarers (regeling arbeidsvoorwaarden zeevaart).33 4 The concept of the collective agreement in the Collective Labour Agreements Act 1927 In Dutch law, one has to distinguish between a formal and a material concept of ‘collective agreement’. The material concept of ‘collective agreement’ is very wide. The Collective Labour Agreements Act stipulates that a collective agreement is an agreement between one or more employers or one or more organisations of employers 34 and one or more organisations of employees, which contains predominantly or exclusively stipulations on the labour conditions to be respected in individual labour contracts.35 This description of the collective agreement, stemming from the time when the Act on collective agreements was enacted in 1927, has proved over the years not to pose a real limitation on the powers of the social partners. The concept of ‘collective agreement’ covers both sector agreements and agreements between the unions and a single employer. It applies to collective agreements containing provisions on a myriad of subjects as well as to specific agreements on a single subject only. Basically, all the elements of labour law that lend themselves to negotiation between the unions and employers, can be the subject of a collective agreement in the sense of the Act.36 32. Wet op de loonvorming Artt. 5 and 6 respectively. 33. Regeling bijdrage Stichting Zeemanswelzijn Nederland 1998/1999, AI nr. 8989, Bijv.Stcrt. 16-04-1998, nr. 72. 34. Associations having full legal capacity (verenigingen met volledige rechtsbevoegdheid). 35. Collective Labour Agreements Act 1927 (Wet CAO) Art. 1: ‘Onder collectieve arbeidsovereenkomst wordt verstaan de overeenkomst, aangegaan door een of meer wergevers of een of meer verenigingen met volledige rechtsbevoegdheid van werkgevers en een of meer verenigingen met volledige rechtsbevoegdheid van werknemers, waarbij voornamelijk of uitsluitend worden geregeld arbeidsvoorwaarden, bij arbeidsovereenkomsten in acht te nemen.’ 36. However, collective agreements pertaining to pension plans are covered by separate Acts, the