Collective Bargaining Agreement: Overview
Collective agreements are an important but often overlooked element in the German working world. These special collective agreements regulate the basic framework for employment relationships in specific sectors and provide clear guidelines for both employers and employees. In this article, you'll learn everything you need to know about collective bargaining agreements, including their content, scope, and the resulting obligations for employers.
What is a collective bargaining agreement?
A collective bargaining agreement is a long-term collective agreement that defines basic working conditions. In contrast to wage and salary agreements, which deal exclusively with remuneration, the collective agreement deals with the general framework of an employment relationship.
Content of a collective bargaining agreement
Collective agreements usually contain regulations on various aspects of employment relationships. The following table provides an overview of typical content:
Duration of Collective Bargaining Agreements
The duration of collective bargaining agreements may vary, but many contracts are indefinite or last for several years. A collective bargaining agreement remains valid until it is terminated by one of the collective bargaining parties. The long term contributes to stability in employment relationships and gives both sides planning security.
Scope and beneficiaries
Collective agreements do not automatically apply to all companies. They are only binding if at least one of the following conditions is met:
General obligation:
The Federal Ministry of Labour can declare a collective agreement to be generally binding for a specific sector or region. In this case, all affected companies are required to comply with the regulations.
Tariff commitment:
Employers and employees must be members of the relevant trade unions and employers' associations that have negotiated the collective bargaining agreement. In many cases, however, employers do not know which of their employees are union members.
Reference in employment contract:
Companies can refer to the collective bargaining agreement in their employment contracts. This means that the provisions of the collective bargaining agreement automatically apply to the employment relationship without having to be repeated in the employment contract.
Special Features of Vacation and Notice Periods
Collective agreements must comply with legal requirements, but they also offer a certain degree of flexibility. For example, shorter notice periods may be agreed than those set out in the Civil Code (BGB). Also the regulations on Vacations May deviate from the minimum legal requirements, but must always be designed in favour of employees.
Insight into collective agreements
Employees and employers have the opportunity to view collective agreements. The Federal Statistical Office keeps a public register in which all collective agreements, including collective agreements, are listed. In addition, there are tariff registers for the individual federal states, which are also accessible via the Internet.
Commitments for Employers
Employers are required by law to take into account the provisions of the applicable collective bargaining agreement in their employment contracts. This includes:
- Compliance with the rules set out in the collective agreement.
- The provision of the collective bargaining agreement in the company, either by posting or digitally.
- It is not absolutely necessary to actively inform employees about the collective bargaining agreement, but this can contribute to promoting understanding and improving employee satisfaction.
cut-off periods
Many collective bargaining agreements set cut-off periods within which employees can assert claims. These deadlines are often six months. A claim that is not filed within this period may expire, which is important for employees and employers.
Conclusion
Collective agreements are a fundamental instrument for regulating employment relationships. They provide both employers and employees with clear framework conditions and promote a regulated working environment. Understanding these contracts is essential for employers to meet legal obligations and create a positive working environment.