Collective bargaining party
Social partners , including collective bargaining or collective agreement partners called the parties to a are wage agreement . On the employer side, these are either the employer of a company (in the case of a company collective agreement ) or an association of employers , i.e. an employers' association and on the employee side a union or a collective association of employees , which must be able to exert tangible pressure on the employer side so that it is forced to enter into collective bargaining with this collective.
According to Section 2 of the Collective Bargaining Act of the Federal Republic of Germany, the following applies to collective bargaining parties:
- The parties to the collective bargaining agreement are trade unions, individual employers and employers' associations.
- Associations of trade unions and associations of employers (top organizations) can conclude collective agreements on behalf of their affiliated associations if they have the appropriate power of attorney.
- Top organizations can themselves be parties to a collective agreement if the conclusion of collective agreements is one of their statutory tasks.
- In the cases of paragraphs 2 and 3, both the umbrella organizations and their affiliated associations are liable for the fulfillment of the mutual obligations of the parties to the collective bargaining agreement.
According to Article 9 (3) of the Basic Law , employees and employers alike have the right to found or join associations for the purpose of safeguarding and promoting working and economic conditions.
On the employee side, such an association is called a trade union. On the employers 'side, one speaks of the employers' associations. The task of both collective bargaining partners is to form collective agreements, i.e. conditions for work (wages, times, etc.). They remain independent of the state. One speaks of collective bargaining autonomy .
In Austria, the contracting parties conclude so-called collective agreements. The following requirements apply here for the parties to be able to enter into a collective agreement:
- Statutory interest groups (capable of collective agreements by law)
- Voluntary professional associations
- Associations as employers that do not belong to any employers' body that is eligible for collective agreements
- Legal persons under public law
In Switzerland, these contracts are regulated by the Collective Labor Contracts Act (GAV). On the employee side, only associations can be parties to a collective labor contract as contracting parties. On the employer side, however, employers' associations or individual employers can be. The contractual partners must meet the following requirements in order to be eligible for a tariff:
- The association must be a legal person.
- The association must be independent of the other side.
- The association must be independent of third parties (such as the state, church ...).
- The association must also aim to shape the working conditions.
- Harald Schwamborn: Parties to the collective agreement. In: Labor law, collective bargaining law, collective bargaining party, collective bargaining capacity. info-arbeitsrecht.de, accessed on November 12, 2016 .
- Joachim Wichert: Definition of »collective agreement« . In: Gabler Wirtschaftslexikon . Springer Gabler ( gabler.de [accessed November 12, 2016]).
- ↑ Collective Agreement Act (TVG). (PDF) on gesetze-im-internet.de, accessed on November 12, 2016.
- ↑ collective agreement system - collective agreement. kvsystem.at, accessed on November 12, 2016 .
- ↑ Collective employment contract law / GAV. Arbeitss-recht.ch, accessed on November 12, 2016 .