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Decentralisation leads to a loss of power for unions, because non-organised decentralisation leads to the use of derogations for a rising number of companies.
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The second step is to take into account the frequency and diffusion of local (enterprise) bargaining, the articulation between sectoral and enterprise bargaining, and the existence and use of general derogation clauses or 'open' (framework-type) agreements that leave actual wages to be decided at enterprise level.
However, it can be inferred from the purpose of derogation clauses that at least some economic, social and cultural rights are non-derogable.
Visser (2013) has offered a careful discussion of decentralization in which he distinguishes between the principal level at which collective bargaining takes place, a process of devolution within central or sectoral agreements whereby more issues are settled at the local level, and the existence of use of opening clauses or "derogations" from the terms of collective agreements.
Countries with the same dominant level of bargaining do vary a great deal on these indicators (frequency or scope of additional enterprise bargaining; articulation; legal status of derogation; existence and use of general opening clauses) and thus in actual decentralisation (Fig. 3, right panel).
American Indians have long opposed derogatory sports-team labels and likened fans' use of war paint to the derogation of African-Americans with blackface.
The GDPR provides several exemptions and derogations for the use of health data, e.g. in the context of research or public health purposes under certain conditions.
The EU-regulation should be strictly enforced, no longer allowing derogation of the use of conventional seeds after 2003 for those crops for which diverse, high quality seed or planting material of organic origin is available.
These consist primarily of derogations and limitations of the rights.
The TUC highlighted the growing use of the loophole known as the Swedish derogation.
However, this could be sidestepped if the UK government (with the support of the farming industry and major food retailers) were willing to seek derogation from the European commission to allow the use of the vaccine in livestock products used in the UK supply chain only.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com