Overall commitment
The overall commitment is in labor law (there also called contractual standard regulation) an assurance of additional benefits from the employer to the workforce.
The employees acquire an individual contractual right to the promised services, which they can accept or decline. An express acceptance of every employee is in accordance with § 151 BGB dispensable. The nature of labor law means that overall commitments can only relate to regulations that favor the employee. In the ratio of an overall commitment to a (deviating) company agreement , the favorability principle applies . According to the case law of the Federal Labor Court, the reinterpretation of an ineffective company agreement into an overall commitment is generally out of the question due to the employer's lack of legal commitment. From a total commitment without Freiwilligkeits- or revocation of title to an employer can only Änderungskündigung save for the future.
See also
Individual evidence
- ^ BAG judgment v. October 24, 2006 - 9 AZR 681/05, AP No. 262 to § 611 BGB gratification; Erfurt commentary / price, § 611 BGB marginal number 259 mwN
- ^ BAG judgment v. December 10, 2002- 3 AZR 671/01, AP No. 252 to § 611 BGB gratification
- ^ BAG judgment v. March 18, 2003 - 3 AZR 101/02, AP No. 4 1 to § 1 BetrAVG replacement
- ↑ Definition of terms in the Juraforum
- ↑ BAG on the reinterpretation of an ineffective company agreement into an overall commitment. September 28, 2018, accessed October 1, 2018 .
