Declaration of general application

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The general binding declaration (AVE) of a collective agreement according to Section 5 of the Collective Agreement Act has the effect, under German law, that the legal norms of this collective agreement also become binding for all employers and employees who have not previously been bound by collective bargaining agreements within the material and spatial scope of the collective agreement.

requirements

Collective agreements by the Federal Ministry of Labor and Social Affairs in agreement with one of three representatives of the umbrella organization of the employers of and the leading organization workers existing Committee on universally be explained if this request, the social partners together and if the declaration of general public interest appears necessary.

As a rule, the declaration of general applicability appears to be necessary in the public interest if

  • the collective agreement has become predominantly important for the structuring of working conditions in its area of ​​application, or
  • The safeguarding of the effectiveness of the standard setting in collective bargaining agreements against the consequences of undesirable economic developments requires a declaration of general binding force.

A public interest is already given for the general binding declaration of a collective agreement on a joint institution of the collective bargaining parties that collects contributions and grants vacation pay, company pension, training allowance, wage compensation or creates additional company or inter-company asset accumulation for employees if the general binding declaration makes it functional the common facility is to be secured. Employers who are bound by another collective agreement are also bound by a collective agreement on a joint institution that has been declared generally binding.

Legal basis

The legal basis for the declaration of general applicability is Section 5 of the Collective Agreement Act.

Procedure

The procedure is initiated by the application of the parties to the collective bargaining agreement ( trade union and employers' association).

Before the decision on the application is made, employers and employees who would be affected by the declaration of general application, the unions and employers' associations interested in the outcome of the procedure, and the highest labor authorities of the countries to which the collective agreement extends, have the opportunity to submit a written statement and to give a statement in an oral and public hearing.

The generally binding declaration and the generally binding collective agreement will be published in the Federal Gazette . A list of generally binding collective agreements can also be found on the website of the Federal Ministry of Labor and Social Affairs. The general binding force ends when the collective agreement is terminated or ceases to be in force or when the general binding force is revoked.

The effectiveness of a generally binding declaration is to be checked in the first instance by the state labor courts due to the new regulation in the law to strengthen the collective bargaining autonomy . Before that, legal recourse to the administrative courts had been opened.

Frequency of declarations of general application

Since the beginning of the 1990s, the proportion of generally binding collective agreements in all applicable original collective agreements has decreased from 5.4% to 1.5% in 2008. The most important reason for this decline is the increasingly negative attitude on the part of employers to this instrument: In recent years, employer representatives in the collective bargaining committees have exercised their veto right against AVE applications much more often than before - sometimes against the will of the person concerned Industry employers' association. The result is that the general binding effect in sectors in which it was previously applied for and issued regularly (such as the retail trade ) is no longer of any significance today.

Generally binding effect of sectoral collective agreements on minimum working conditions

Collective agreements that define minimum working conditions for certain sectors, in particular a sector minimum wage , can have a generally binding effect through a statutory ordinance according to Section 7 or Section 7a of the Posted Workers Act.

This is intended to create and enforce appropriate minimum working conditions for cross-border posted workers and for employees who are regularly employed in Germany, and to ensure fair and functioning competitive conditions.

literature

  • Comments on the TVG, e.g. B. Rolf Wank, in: Wiedemann, TVG Commentary, 7th edition, Munich 2007; Martin Henssler, in: Henssler / Willemsen / Kalb, Labor Law, 3rd edition, Cologne 2008
  • Ulrich Sittard, Prerequisites and Effects of the Extension of the Tariff Standard according to Section 5 TVG and the AEntG, Munich 2010

Web links

Individual evidence

  1. ↑ List of generally binding collective agreements ( Memento of January 22, 2014 in the Internet Archive )
  2. ↑ European states support the tariff structure. (PDF; 128 kB), Böcklerimpuls 6/2009