Section 38 Agreement Practical Law

  • Aprile 12, 2021

The primary objective of collective consultation is to try to reach an agreement. Consultation with individuals is virtually less likely to allow for a consensual decision. In reality, consultation with workers as a group of individuals generally involves informing them of the measures to be implemented and inviting them to make their observations. A form of reactive consultation. This could result in a higher risk of employment, with a group of disoriented and anxious workers who, in practice, may be less able to express their concerns. The adoption of Section 38 allows the promoter to enter into a legal agreement with the road authority to ensure the final adoption of a new departmental road. The agreement contains a framework of clauses, including the duration of road construction, responsibility for the maintenance and repair of the road prior to adoption, payment of Landratsamt fees and fees by the developer, all land transfer arrangements and what happens if something goes wrong. Assuming that proponents have not made sufficient progress to facilitate the roadworks adoption process, a formal notification may be sent to the proponent within the time frame set out in the agreement, to demonstrate that roadwork completion is actively unseating and that borrowing can be used. A Section 38 agreement requires the developer to complete certain work within the prescribed time frame. For example, the pavement must be complete to the depth of the surface material (the layer under the finished roadway), sidewalks must be completed and public lighting must be operational. Therefore, compliance with the agreement should ensure a safe and usable highway for residents before its formal adoption. Buyers are therefore in a difficult situation.

There is no real legal obligation for someone to place the roads at an acceptable standard if the agreement is not in force and if, ultimately, the motorway authority could go back to the person who owns the land at this stage to contribute to the considerable costs. If you are buying real estate with the help of a mortgage, this situation should be reported to your mortgage lender, who cannot continue. Even if you don`t need a mortgage for your purchase, you need to consider the impact when you come to sell the property. The CASA guideline, which states that “when it comes to planning for return to work, employers should consult with employees and workers` representatives,” it says that “employers should “consult” with employees (ask for their views and think about trying to reach an agreement) on return to work(added). As well-intentioned and persuasive as the guidelines are to encourage consultation by representatives, they are also not decisive in legal measures to enforce workers` rights. This may mean that if collective consultation does not comply with the agreement envisaged by an employer, they may decide to collectively end the consultation and do so directly with the workers. The only restriction for a company wishing to do so is that it must inform representatives that this is what they are doing (Regulation 4, paragraph 4, HS (CE) R 1996). The agreement is also guaranteed by a loan or financial payment which the road authority may benefit from in certain circumstances, for example. B if the developer goes bankrupt or goes into liquidation before the roads are completed. The passage under Section 37 allows the developer to build the road and complete the development without the need for a formal agreement with the road authority.