Fight parity
In order for the collective bargaining parties to be able to negotiate a joint collective agreement within the framework of the collective bargaining autonomy of Article 9 (3) of the Basic Law , it is necessary that they face each other as equal partners and that the employer side, through which they are not in a position of immanent position of power, the employee side blackmail.
The rule of combat parity is derived from the rule of "equality of arms". This situation of balance of strengths is known as battle parity . How this is to be determined and under what conditions it exists is controversial in science and jurisprudence.
Originally, one started from the formal or formal concept of parity, after a legal equality of the parties to the collective bargaining agreement and the equivalence of lockout and strike had given parity . The Federal Labor Court gave up this view in 1980 and switched to the substantive concept of parity, according to which it depends on the actual balance of power. According to the Federal Labor Court, however, this is not determined by the situation, but rather in the context of a "typical assessment".
See also
Individual evidence
- ↑ Federal Labor Court, June 10, 1980 AP GG Art. 9 Labor dispute No. 64.
- ↑ Oliver Ricken , in: Reinhard Richardi , Hellmut Wißmann , Otfried Wlotzke , Hartmut Oetker (eds.): Munich Handbook on Labor Law, Beck-Verlag, 3rd edition Munich 2009, § 200 Rn. 38 ff.
