Social collective agreement
As a social labor contract is called in Germany a collective agreement where the whether and how a planned by a company operating changes and the compensation is any controlled with the operation change for the employees of associated disadvantages. The social collective bargaining agreement thus has the same subject matter that can also have a balance of interests and a social plan between the employer and the works council . The social collective agreement can with the affected companies themselves collective agreement or between the employers' association and the trade union as company-related joint wage agreement be concluded.
Since negotiations on a social collective bargaining agreement legally offer the union the opportunity to strike , demands for social collective bargaining agreements are raised by the union, especially in the event of the threat of company closings or relocations. The right to strike means that the employees' side has more leverage than they do in social plan negotiations.
Numerous employers' associations are of the opinion that Section 111 et seq. Of the Works Constitution Act (BetrVG) have a blocking effect on collective bargaining agreements with the character of a social plan and that collective bargaining agreements and strikes are therefore inadmissible. This view was rejected by the Federal Labor Court in a landmark judgment. The Works Constitution Act does not restrict the power of collective bargaining parties to regulate. The contents of the social plan are also matters that can be regulated by collective agreements.
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- ^ Federal Labor Court judgment of April 24, 2007 , 1 AZR 252/06
- ↑ Press release 27/07 of the Federal Labor Court
