Pyramid of norms in labor law
The norm pyramid in labor law describes the relationship between different legal sources .
The hierarchy of labor law standards is as follows:
- European primary and secondary law
- German constitutional law
- simple statutory law including common law and judge law
- Ordinances
- Collective agreements
- company agreement
- employment contract
- Transfer rights of employer
In relation to one another, the higher legal source prevails over the lower-ranking. However, one issue must fall within the regulatory issue of the higher-level standard. It should be noted that in a collective agreement, for example, both sides must be bound. Furthermore, the higher-level standard must be of a mandatory nature.
The pyramid of norms is broken by the principle of favorability . According to this, the most favorable standard for the employee always applies.
