© Dr. Marius Ebert, Germany's speed-learning expert, by Kissel 7 , 53639 Königswinter, Tel 0049/2223/90 59 75, fax 0049/2223/90 59 76, Email: info@spasslerndenk.de , Website: http://www.spasslerndenk.de Skype: Julianboss, Blog: http://mariusebertsblog.com , Xing: https://www.xing.com/profile/Marius_Ebert , Twitter: http://twitter.com/mariusebert Shop: htttp://www.spasslerndenk-shop.de
Koalitionsrecht/Tarifvertragsrecht Quick-learning system for human resources specialists clerk CCI in 12 days
right of association, foundation and concept
The legal basis to form labor coalitions may , it follows from Article 9 (3) sentence 1 GG. Coalitions are the Court of Federal Constitutional Court only those associations that are designed to be permanent, based on private law, corporation Constitution have been established voluntary and as an apprentice and must provide for democratic decision-making.
called on the workers 'coalitions' unions and the employers 'employers' associations.
collective bargaining, principles
deals with the collective agreements in a separate law, the Collective Agreement Act, (TVG). Collective agreements are written agreements between one or more trade unions and an employers' association (so-called association or collective agreements). If they are between a union and only one employer closed, they are called in-house wage agreements. After the so-called principle of specialty, the spatially and technically detailed agreement to priority, for example, the labor contract before the association agreement. There
collective agreement and wage agreement
There still the distinction between collective agreement and wage agreement. The collective bargaining agreement defines a general framework, such as wage and salary groups, compensation in case of illness, etc., are collective bargaining agreements concluded for several years. In contrast, real-Entgelttarifver sluggish wage and salary rates and incentive payments are agreed. They are valid for one year.
collective agreement, material conditions
This is a collective agreement must be in place certain physical conditions. First of all, as there are in each contract, two covering declarations of intent. In addition, the parties must be capable of collective (TVG § 2). According to this paragraph 2 of the TVG properties not only the trade unions, individual employers and Associations of employers in collective skills, but also so-called "peak bodies". These are "groups of trade unions" and here again mentioned "association of employers" (§ 2 (2) TVG).
collective agreement, content
According to § 1 (1) TVG is a collective agreement of a contractual legal part ("rights and obligations of the parties to collective agreements) and from a normative part ("contains rules ...").
content of debt part
The two main legal obligations are to blame for the "peace clause" and the "implementation" obligation is also called "action required".
The peace obligation is designed to maintain industrial peace. It says that can be enforced during the term of a collective agreement, no fresh negotiations on the same subject with the help of a labor dispute. This is also called "relative peace ', for this peace obligation can also be extended so that any industrial action is prohibited during the term of the agreement ("absolute peace obligation").
The implementation, and the action required states that the collective bargaining parties must ensure that their members abide by the agreements and collective agreements.
content, standard part, collective bargaining
According to § 1 (1) contains the collective agreement rules, which can sort the content, the completion or termination of employment as well as company must strictly assungsrechtliche questions. According to § 4 TVG individual legal norms are directly and mandatory individual for employment. This right of collective bargaining parties to be able to specify those rules independently and without government interference, called "collective autonomy".
According to § 4 (5), TVG will continue to apply the rules of the collective agreement until they are replaced by another agreement. This is the so-called "Nachwir effect rule." a
In the following we consider different types of collective agreements.
scope of collective agreements
collective agreements are valid only between both sides subject to tariffs Parties. "Tariff None" means that workers in unions, and employers are organized in an employers' association (§ 3 TVG). Non-unionized workers in their employment have therefore almost always a clause that the current collective agreement applicable to them. A different treatment of union and nonunion workers is illegal, a so-called "outsider" clause is not allowed. be
Under § 4 (3) TVG may, from collective agreement only to the benefit of workers departed (so-called "favourability"). This are the measures to be sorted by type arrangements, such as "leave", "content", etc., and a settlement between the functional groups is not possible. allowed by the collective agreement that is only for each subject group separately removed in favor of the employee be avoided.
TVG § 5 also provides that a collective agreement by the Federal Minister of Labour and Social Affairs or the supreme authority of a country work under certain conditions may be declared generally binding. This is the so-called "General Statement of Obligation" AVE.
Control inhibit
Another important principle in this context must be mentioned, although it is not in the TVG, but in the WCA. It is § 77 (3) WCA, the so-called regulatory barrier. This provides that, for example, issues of labor charges not ready individually but collectively say, by the collective agreement must be solved parties.
Now it can happen (and happened), that a general agreement by the Minister of Labour-binding declaration also applies to establishments which are not subject to tariffs. This in turn prevents negotiate (unemployed) workers with employers contract terms themselves, which are indeed worse than the collective agreement, but to argue that the unemployed are thus at least back to a job. The organization shall then arises, the scheme of think it declared binding collective agreement. These rules in turn prevent, for example, by the 'most favorable that the unemployed can negotiate with the employer a salary that is lower than that of the collective agreement.
collective agreement, formal requirements
Finally, we consider two formal conditions that must be met before the agreement is valid. According to § 1 (2) TVG requires a collective agreement to a written form. Secondly, the so-called "collective responsibility" of the parties be given. This means that a collective agreement party (trade union or employer association) may regulate only those working conditions that fall within their territorial or area of responsibility. Specifically, the responsibilities arising from the statutes of the respective Professional associations.
on the side of the trade union jurisdictional disputes can be avoided by the "industry association" principle. This principle states that a union may conclude a collective agreement for members of another branch of industry.
Inspirations Quote
"You can never be connected to your two eyes VER
; leave if your ideas are fuzzy "
. ; ; Unknown
a "Imagine that you wanted to escape from your tennis club and you say yes, can make you, but the next five years, you must continue to pay contributions. The is thus in the club statutes. " Quoted from: Krone-Schmalz, "We can do it."
Regards, learning is easy!
0 comments:
Post a Comment