EARLY DISAPPLICATION OF THE NCBA: THE COURT OF CASSATION CLARIFIES THE LIMITS FOR EMPLOYERS
By recent order No. 29737 of 11 November 2025, the Court of Cassation confirmed that the disapplication of a national collective bargaining agreement before its natural expiry constitutes anti-union conduct, even where the agreement is replaced by another one entered into with different trade unions.
The Court of Appeal had already found that the employer’s conduct was anti-union in nature, noting, among other things, that the early termination by the company had curtailed the rights of the trade union organization that was excluded. The Court of Cassation upheld that decision, stressing that:
- notice of termination of a collective agreement may be given only by the signatory trade union organizations;
- it is not sufficient to inform employees of the change or to have them sign a document which merely amounts to an acknowledgement;
- the employer’s unilateral withdrawal is permissible only where the CCNL does not provide for a fixed term of validity.
