Collective bargaining is not possible for public servants (public administration employees at different levels, public servants) under the CXCIX Act 2011 on public servants. Collective bargaining is possible for civil servants (employed by the various budget institutions in areas such as education, health, social services). However, a collective agreement can only depart from relevant legal acts and regulations if the Public Officials Act XXXIII 1992 allows it. 70 It is therefore the result of both the text of this provision, its context and its purpose and the regime to which it belongs, that the existence of control within the meaning of this provision arises solely from the degree of participation of public bodies in the capital or voting rights of the company concerned. 41 It is therefore appropriate to check only whether a company such as NMI TT, in accordance with the general rule of exclusion from Schedule I of Regulation 651/2014, Article 651 of Regulation (EC) No. 651/2014 may be excluded from the qualification of SMEs within the meaning of this annex only because it is indirectly controlled by public entities represented in the company to which it is linked and which it directly controls. 60 With regard, first, to the text of Article 3, paragraph 4, of Schedule I of Regulation 60. 651/2014, it should be noted that, in accordance with the 13th recital of the 2003 recommendation, on which this annex is based, in accordance with points 34 and 49 of this judgment, this provision deals exclusively with the degree of participation of public bodies in the capital or voting rights of the company concerned, without mentioning the actual behaviour of these bodies or their representatives. – number and employment of teleworkers and temporary workers in the company.
57 If the referring court concludes: That one or more of the bodies referred to in this case are public bodies within the meaning of Article 3, paragraph 4, of this appendix, With respect to the issues raised by the referring court, it should be clarified that it is not relevant for the application of this provision that the persons appointed on the proposal of these public bodies act on a voluntary basis within the company concerned, since they have been proposed and designated in their capacity as members of those bodies, which the referring court must determine. The annual overtime limit is 250 hours (Article 109 of the Labour Code) which could be increased to 400 hours by written agreement between the employee and the employer.