Collective bargaining agreement
The tariff binding (or rate constraint ) is a prerequisite for the immediate subjection of an employer or employee under the application of the provisions of a collective agreement. If both employment contract parties are bound by collective bargaining agreements, this leads to the direct applicability of the collective agreement to the employment relationship. In Germany, according to Section 3 (1) of the Collective Bargaining Act, the members of the parties to the collective bargaining agreement and employers who are themselves party to a collective agreement are bound by collective bargaining agreements .
Following the terminology of the collective agreement law one would of collective bondage speak. The term collective bargaining agreement has caught on and means the same thing.
The collective bargaining party on the employers 'side is an employers' association. The prerequisite for the employer's collective bargaining agreement is that he is a member of the employers' association that concludes the collective bargaining agreement. Alternatively, the employer can also conclude a so-called house or company collective agreement with a trade union , to which he is naturally bound.
However, not every membership in the employers' association leads to collective bargaining. There are employers' associations which, in their statutes, open membership without an association tariff (so-called OT membership ).
In order to be bound by collective bargaining agreements, employees must be members of the union that concludes the collective agreement .
The collective bargaining agreement ends (only) with the end of the collective agreement. Leaving the association does not result in the end of the collective bargaining agreement if the collective agreement remains in force.
The advantage of collective bargaining coverage for an employer is that it reduces the cost of negotiating employment conditions and also reduces the risk of production stoppages due to labor disputes . The disadvantage of collective bargaining is from the employer's point of view that collective agreements cannot take into account the economic situation of an individual company. For this reason, a large number of employers have left employers' associations in recent years in order to avoid being bound by collective bargaining agreements. For larger companies with many employees in particular, in- house collective agreements are an alternative that may allow more flexible adaptation to the company's economic situation.
For employees, the advantage of collective bargaining usually lies in the fact that bargaining power tends to be more evenly distributed in collective bargaining between trade unions and employers' associations than in individual negotiation of terms of employment with the employer.
A general binding declaration can stipulate that all employment relationships within the technical and local scope of the collective agreement are subject to the normative part of a collective agreement, i. H. also employment relationships whose parties are not yet bound by collective bargaining agreements.
Web links
Individual evidence
- ↑ The Federal Labor Court regularly speaks of collective bargaining coverage , as an example for many: Judgment of February 23, 2011, Az .: 5 AZR 143/10
literature
- Paul R. Melot de Beauregard: Membership in employers' associations and collective bargaining coverage, Diss. 2001, ISBN 3-631-39295-8
