Collective Agreement Act
| Basic data | |
|---|---|
| Title: | Collective Agreement Act |
| Abbreviation: | TVG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 802-1 |
| Original version from: | April 9, 1949 ( WiGBl. Pp. 55, 68) |
| Entry into force on: | April 22, 1949 |
| New announcement from: | August 25, 1969 ( Federal Law Gazette I p. 1323 ) |
| Last change by: |
Art. 8 G of May 20, 2020 ( Federal Law Gazette I pp. 1055, 1057 ) |
| Effective date of the last change: |
May 29, 2020 (Art. 20 G of May 20, 2020) |
| GESTA : | G040 |
| Please note the note on the applicable legal version. | |
The collective agreement law ( TVG ) of April 9, 1949 comprises 13 paragraphs and defines the legal framework for collective bargaining. The collective agreement governs the rights and obligations of the parties to collective bargaining (unions, individual employers and associations of employers) and contains legal norms that the content, the conclusion and the termination of employment contracts as well as operational and works constitution can arrange matters ( § 1 para. 1 TVG).
content
- § 1 Content and form of the collective agreement
- § 2 Collective Bargaining Parties
- § 3 Tariff Binding
- § 4 Effect of the legal norms
- § 4a tariff conflict
- § 5 Generally binding
- § 6 tariff register
- § 7 Obligation to send and notify
- § 8 Announcement of the collective agreement
- § 9 Determination of legal validity
- § 10 collective agreement and collective bargaining regulations
- § 11 Implementation Regulations
- § 12 umbrella organizations
- Section 12a Employee-like persons
- § 13 Entry into force
The collective agreement law can be divided into two areas of regulation:
- Agreements that only entitle and oblige both parties to the collective bargaining agreement ( part of the collective agreement that is part of the law of obligations ).
- Legal norms that are supposed to apply to all recorded employment relationships like a law (normative part of the collective agreement). The legal norms of the collective agreement, which regulate the content, the conclusion or the termination of employment relationships , apply directly and compulsorily between the parties subject to collective bargaining who fall under the scope of the collective agreement. This provision applies accordingly to the legal norms of the collective agreement on questions of company law and works constitution law.
From a legal point of view, a collective bargaining employer is only obliged to employ the members of the collective bargaining union on the agreed terms. As a rule, however, he also grants the same conditions to non-members, as he would motivate them to join the union by being in a worse position. Under certain conditions, the Federal Minister of Labor and Social Affairs can declare a collective agreement to be generally binding upon application by a collective bargaining party , which then also binds non-members of the collective bargaining parties in the respective area of application ( Section 5 TVG). The TVG also regulates the collective bargaining capacity and responsibility of the parties, the form of the collective agreement and its legal effects.
history
The collective bargaining law was passed by the Economic Council of the United Economic Area of the British and American Occupation Zones before the Federal Republic was founded . On the basis of Article 123 (1) of the Basic Law, it continued to apply after the Federal Republic was founded. The local area of application was extended by the law on the extension of the collective agreement law to the territory of the French occupation zone, with the law on the introduction of federal law in the Saarland also to the Saarland. With the entry into force of the GDR's accession, the TVG came into force in accordance with Article 8 of the Unification Treaty in the accession area .
literature
- Peter Berg, Helmut Platow, Christian Schoof, Hermann Unterhinninghofen: Collective bargaining and industrial action law. Compact Commentary , 3rd edition 2010, Bund-Verlag, Frankfurt am Main, ISBN 978-3-7663-3996-6
- Wolfgang Däubler: Collective agreement law with the posting of workers law. Commentary , 2nd edition 2006, Nomos, ISBN 978-3-8329-1779-1
- Otto Ernst Kempen, Helmut Zachert (ed.): TVG - collective bargaining law. Commentary for Practice , 4th edition 2006, Bund-Verlag, Frankfurt am Main, ISBN 978-3-7663-3543-2
- Peter Renneberg: Handbook of collective bargaining policy and industrial action , 2nd edition 2012, VSA Verlag, Hamburg. ISBN 978-3-89965-487-5 .
Web links
Individual evidence
- ↑ to the extent that it is incompatible with Article 9 (3) of the Basic Law as there are no precautions to ensure that the interests of the professional groups whose collective agreement is superseded in accordance with Section 4a (2) sentence 2 of the Collective Agreement Act are adequately taken into account in the superseding collective agreement ( BGBl. 2017 I p. 2663 )
- ↑ from April 23, 1953 Federal Law Gazette I p. 156 (PDF)
- ↑ dated June 30, 1959 Federal Law Gazette I p. 313 (PDF)
