Act Of Collective Agreement

Nov 28th, 2020 | By | Category: Uncategorized

An extremely important aspect is the limitation of the effectiveness of collective agreements in relation to the individual employment contract. Under Article 14, paragraph 1, employment contracts can always improve the terms set by the agreements, which means that they can never be considered absolutely binding standards for individual contracts. Individual autonomy can always improve the system of collective autonomy in favour of the worker. During the First World War, the first legal provisions relating to collective bargaining came into force in Germany. Although collective agreements increased considerably in Germany during the first decade of the 20th century, there was a strong group in the employers` camp – representing in particular some of the sectors of the nuclear industry such as mining, heavy industry and chemistry – who strongly opposed collective agreements as a restriction on employer administrative law. Only the particular circumstances of the war, which required close collaboration between capital and labour to ensure war production, made them ready to accept trade unions as bargaining partners. In December 1916, a “National Aid Service Act” was passed, which contained various provisions to subordinate the entire economy to the needs of the German war effort. In order to integrate the labour movement into the German war economy, the law provided for the first time some legal rights for trade unions when setting working conditions. Section 1. The scope and objectives of the law. This law defines the legal basis for the preparation, conclusion and application of collective agreements and agreements, in order to contribute to the concerted regulation of labour relations and to reconcile the socio-economic interests of workers and their employers. For 50 years, the Collective Agreements Act has provided the legal basis for German collective bargaining.

The legislation has proven to be a flexible instrument that has allowed the creation of a negotiating system that, in practice, is much more nuanced than it implies its reputation. However, the number of companies that not only use legal opportunities to deviate from tariff standards, but more or less openly violate collective agreements (DE9901290N) is also increasing. In these circumstances, it is clear that new political and legal means must be found to strengthen the validity of collective agreements. In this context, the fiftieth anniversary of the Collective Agreements Act could be the starting point for a broader reflection on the fundamental principles of German collective bargaining and their overall importance to the German social model. (Thorsten Schulten, Institute for Economic and Social Research (WSI)) The collectively agreed provisions remain valid until no new agreement has been signed, even though the duration of the agreement has expired (Article 4, paragraph 5). The “counter-effect” of collective agreements also applies to employers who have left their employer organizations. In addition, for the duration of an agreement, both parties to the negotiations are bound by the “peace obligation”, which prohibits any form of trade union action. However, the latter provision is not set by the Collective Agreements Act, but has been introduced by decisions in principle of the labour tribunal (DE9802253N). The employer is required to allow the union or representative body, authorized by the workers, to inform each worker of the draft collective agreements drawn up by the parties and to make available to these organizations the internal means of communication and information, calculators and other technical equipment, the premises for off-hours meetings and consultations and the space necessary for the installation of Bulletin Boards.

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