Collective bargaining law is part of collective labor law and includes all legal provisions that regulate the legal relationships between the collective bargaining parties and the validity of collective agreements.
The starting point in collective bargaining law is the collective agreement concluded by the collective bargaining parties, see Section 1 TVG. Collective bargaining parties are included in collective bargaining law in accordance with Section 2 Para. 1 TVG the employers/employer associations on the one hand and the trade unions on the other. In collective bargaining law, collective agreements regulate minimum standards for the employment relationship, such as the amount of remuneration, working hours, Christmas bonuses, etc.
In collective bargaining law, collective agreements are used in particular to balance the power relationship between employer and employee. If the employee is a member of the union and the employer is also bound by a collective agreement, the collective bargaining law in accordance with Section 4 TVG applies directly and compulsorily without it having to be mentioned in the employment contract. The regulations in the collective agreement may then not be deviated from in collective bargaining law to the detriment of the employee, only to the benefit of the employee. There are numerous different forms of collective agreements in collective bargaining law, such as company collective agreements, general collective agreements, area collective agreements, etc.
The constitutional basis for collective bargaining law is Article 9 Paragraph 3 of the Basic Law; the legal framework for collective bargaining law is formed by the Collective Bargaining Act (TVG).
On the following pages we will try to provide you with as much information as possible about collective bargaining law.
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