COLLECTIVE AGREEMENTS AND INDIVIDUAL CONTRACTS OF EMPLOYMENT govemment on social issues, the tasks of these institutions overlap to a certain extent If both are consulted on the same issue or a similar issue, they try to a void reaching contradictory conclusions by informal cooperation. Twice a year, in the autumn and in the spring, the highest-level institutions of employers and employees hold a 'conference with govemment officials in which they discuss the economic developments and prognoses. At this conference they try to reach an agreement on the desired developments in the field of wa ges and other la bour conditions. This agreement functions as a recommendation to the unions and employers'organisations for the next round of negotiations Collective labour relations: the legal context 2. Genera In the Netherlands, the legal position of the unions and the system of industri relations is-on the whole- based on general rules on the one hand, and intemational agreements on the other. Although collective agreements and their general applicability are covered by specal statutes, the negotiating process leading up to their conclusion has received little or no attention from the legislature. The Constitution does not contain any articles which specifically perta in to industria relations. The freedom to establish trade unions, to operate as such and be membe thereof are all covered by the right of association guaranteed in Article 8 of the Constitution. The unions as institutions are govemed by the rules on associations laid down in Articles 26 ff. of the Civil Code 2I The right to strike has not been the subject of any codification whatsoever and is based on case law. This lack constitutional protection has not hampered the development of unions and industral lations in the Netherlands. This in in part the result of the Dutch system of judicial ontrol, which dim inishes the legal effect of the Constitution considerably and favours international conventions instead. The legislature being corrected by the courts cannot be based on a violation of the Constitution: article 120 of the Constitution specifically states that the courts will not judge the constitutionality of statutes and international conventions. The courts can set aside statutory prov isions, however, if these prov isions violate treaty provisions hav ing direct effect within the Dutch legal system 22 Such generally binding treaty provisions can be found in the European Socal Charter(Article 6 section 4 on the right to strike is recognized as Jacobs, Het recht op collectief onderhandelen in rechtsvergelijkend en Europees perspectief Alphen aan den Rijn/Brussel: Samsom/HD Tjeenk Willink 1986,p. 95 H L. Bakek, I P. Ascher-Vonk, W.J.PM. Fase, Schets van het Neder lands Arbeidsrecht, Deventer: Kluwer, 16theditionp 184-186 Art 94 of the Constitution stipulates that statutes will not receive application if this application violates a generally bndingprovis on of either a treaty or decis ion of an intemational organisation. Whether a treaty provs ions is cons idered to be general bid ng or not depends primarily on the ordng of the prov iion: can it impose obligations without further mplementation? HR 30 May 1986, NJ1986, 688$ 3.2, E. Verhulp, Vrihed van meningsuitng van werknemers en ambtenarenCOLLECTIVE AGREEMENTS AND INDIVIDUAL CONTRACTS OF EMPLOYMENT 5 government on social issues, the tasks of these institutions overlap to a certain extent. If both are consulted on the same issue or a similar issue, they try to avoid reaching contradictory conclusions by informal cooperation. Twice a year, in the autumn and in the spring, the highest-level institutions of employers and employees hold a ‘conference’ with government officials in which they discuss the economic developments and prognoses. At this conference they try to reach an agreement on the desired developments in the field of wa ges and other labour conditions. This agreement functions as a recommendation to the unions and employers’ organisations for the next round of negotiations. 2 Collective labour relations: the legal context 2.1 General In the Netherlands, the legal position of the unions and the system of industrial relations is - on the whole – based on general rules on the one hand, and international agreements on the other. Although collective agreements and their general applicability are covered by special statutes, the negotiating process leading up to their conclusion has received little or no attention from the legislature. The Constitution does not contain any articles which specifically pertain to industrial relations. The freedom to establish trade unions, to operate as such and be members thereof are all covered by the right of association guaranteed in Article 8 of the Constitution.20 The unions as institutions are governed by the rules on associations laid down in Articles 26 ff. of the Civil Code.21 The right to strike has not been the subject of any codification whatsoever and is based on case law. This lack of constitutional protection has not hampered the development of unions and industrial relations in the Netherlands. This in in part the result of the Dutch system of judicial control, which diminishes the legal effect of the Constitution considerably and favours international conventions instead. The legislature being corrected by the courts cannot be based on a violation of the Constitution: Article 120 of the Constitution specifically states that the courts will not judge the constitutionality of statutes and international conventions. The courts can set aside statutory provisions, however, if these provisions violate treaty provisions having direct effect within the Dutch legal system.22 Such generally binding treaty provisions can be found in the European Social Charter (Article 6 section 4 on the right to strike is recognized as 20. Jacobs, Het recht op collectief onderhandelen in rechtsvergelijkend en Europees perspectief, Alphen aan den Rijn/Brussel: Samsom/H.D. Tjeenk Willink 1986, p. 95. 21. H.L. Bakels, I.P. Ascher-Vonk, W.J.P.M. Fase, Schets van het Nederlands Arbeidsrecht, Deventer: Kluwer, 16th edition p. 184-186. 22. Art. 94 of the Constitution stipulates that statutes will not receive application if this application violates a generally binding provision of either a treaty or a decision of an international organisation. Whether a treaty provisions is considered to be general binding or not, depends primarily on the wording of the provision: can it impose obligations without further implementation? HR 30 May 1986, NJ 1986, 688 § 3.2; E. Verhulp, Vrijheid van meningsuiting van werknemers en ambtenaren, Den Haag: SDU 1996, p. 35