Tariff Autonomy Strengthening Act
| Basic data | |
|---|---|
| Title: | Law to strengthen collective bargaining autonomy |
| Short title: | Tariff Autonomy Strengthening Act |
| Type: | Federal law |
| Scope: | Germany |
| Legal matter: | Employment Law |
| Issued on: | August 11, 2014 ( BGBl. I p. 1348 ) |
| Entry into force on: | August 16, 2014 |
| GESTA : | G011 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The law to strengthen collective bargaining autonomy - collective bargaining autonomy strengthening law is a German article law , through which, according to the federal government, the collective bargaining autonomy should be strengthened and adequate working conditions for employees should be ensured. The achievement of the goal of strengthening collective bargaining autonomy is largely disputed in the legal literature and by employers; rather, the law weakens collective bargaining autonomy, it is a "collective bargaining autonomy weakening law".
The core of the law is the Minimum Wage Act anchored in Article 1 , which introduces a general minimum wage . This restricts collective bargaining autonomy to the effect that the parties to the collective bargaining agreement are prohibited from agreeing wages below the minimum wage. In addition, other laws are changed by the collective bargaining strengthening law, including the Arbeitsgerichtsgesetz ( Art. 2 ), the black work control law ( Art. 3 ), the merit statistical law ( Art. 4 ), the Tarifvertragsgesetz ( Art. 5 ) and the Workers Act ( Art. 6 ).
The Minimum Working Conditions Act is repealed ( Art. 14 ), since it has gained no meaning in practice and has become superfluous with the introduction of a general minimum wage.
On July 3, 2014, the German Bundestag voted with a majority of the CDU / CSU , SPD and Bündnis 90 / Die Grünen parliamentary groups for the adoption of the bill. The approval of the Bundesrat took place on July 11, 2014. Only the state of Saxony , in which the FDP is involved in government, did not approve the law.
literature
- Friedrich-Wilhelm Lehmann: Coalition decision on the creation of a law on collective bargaining - a case for the Federal Constitutional Court? In: Operations consultant. 11/2014. Pp. 634-637.
- Andreas Zürn, Christian Maron: The coalition agreement of the 18th legislative period from a labor law perspective . In: Operations consultant. 11/2014. Pp. 629-633, 629-630.
Individual evidence
- ↑ As coined by Roland Wolf, BDA September 17, 2014, 70th German Juristentag in Hanover, approving: Gerrit Forst : "The general binding declaration of collective bargaining agreements according to the so-called collective bargaining autonomy strengthening law." In: Recht der Arbeit 2015, pp. 25f .; Martin Henssler : “Minimum wage and collective bargaining law.” In: Law of Work 2015, p. 43f.
- ↑ Patrick Zeising, Daniel Weigert: Constitutionality of the Minimum Wage Act . In: Neue Zeitschrift für Arbeitsrecht (NZA) 1/2015, pp. 15–22; Tristan Barczak: Minimum Wage Act and Constitution . In: Law of Work (RdA) 2014, p. 290
- ↑ From 2015 onwards, statutory minimum wage for the first time in Germany. (No longer available online.) July 11, 2014, archived from the original on July 14, 2014 ; Retrieved July 11, 2014 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
