Company collective agreement
Company , company , house or factory collective agreements are terms that have become commonplace to describe a collective agreement that is concluded by an individual company with a trade union . In Tarifvertragsgesetz these terms do not occur.
In company collective agreements, as in industry or association collective agreements, all standards "which can regulate the content, conclusion and termination of employment relationships as well as issues relating to company and works constitution law" ( ) can be agreed. Collective Bargaining ActCompany collective agreements are concluded, for example, by IG Metall with Volkswagen AG , the United Service Union (ver.di) with IBM and IG Bergbau, Chemie, Energie with the major oil companies.
In Germany, company collective agreements played a subordinate role up to the turn of the century. Particularly after reunification, numerous non-association companies in East Germany preferred the company collective agreement. In 2018, seven percent of employees in western Germany and eleven percent in eastern Germany had company collective agreements. The number of companies with company collective agreements rose from 6,415 in 2000 to 11,466 in 2017, of which 8,738 were in West Germany and 2,728 in East Germany.
If a company collective agreement is to be concluded to reduce costs compared to a general collective agreement, in addition to leaving the employers' association , the after-effects of the old collective agreement must also be taken into account.
Recognition collective agreement
Company collective agreements are often designed as recognition collective agreements, i. In other words, the application of the collective agreement applicable to the relevant branch of industry is agreed. Recognition collective agreements serve to subject employers who are not bound by collective bargaining to a collective agreement in the absence of (full) membership in the association. The employer's accession to the employers' association, desired by the trade unions, in order to bind them to the collective bargaining agreement, cannot be enforced with the means of industrial action; a compulsion to join would the employer in his basic right to negative freedom of association acc. (3) of the Basic Law, any strike aimed at this would be unlawful.
- Peter Wieland: Law of company collective agreements . Publishing house Dr. Otto Schmidt KG, Cologne, 1998