Collective bargaining law (TVG)

Unofficial table of contents

TVG

Date of completion: 09.04.1949

Full quote:

" Collective Bargaining Act in the version of the Notice dated 25 August 1969 (BGBl. I p. 1323), most recently by Article 1 of the Law of 3 July 2015 (BGBl. 1130).

Status:	New by Bek. v. 25. 8.1969 I 1323;
	Last amended by Art. 1 G v. 3.7.2015 I 1130

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.11.1974 + + +) 

  

Unofficial table of contents

§ 1 Content and form of the collective agreement

(1) The collective agreement regulates the rights and obligations of the parties to the collective agreements and contains legal standards which order the content, conclusion and termination of employment relationships as well as operational and operational constitutional issues. (2) collective agreements must be in writing. Unofficial table of contents

§ 2 Rate Contracting Parties

(1) Trade unions, individual employers and employers 'associations are collective bargaining parties. (2) Unions of trade unions and associations of employers (top organisations) may be linked on behalf of the members of the employers' association. (3) Top organizations may themselves be parties to a collective agreement, if the conclusion of collective agreements is part of their statutory tasks. (4) In the cases of Paragraphs 2 and 3 shall be liable to both the leading organisations such as the Affiliated associations for the fulfilment of the mutual obligations of the parties to collective agreements. Unofficial table of contents

§ 3

(1) Collective agreements are the members of the collective bargaining parties and the employer who is themselves party to the collective agreement. (2) Legal norms of the collective agreement on operational and operating constitutional matters are applicable to all establishments whose (3) The rate of wage agreement will remain until the collective agreement ends. Unofficial table of contents

§ 4 Effects of legal norms

(1) The legal provisions of the collective agreement, which arrange the content, conclusion or termination of employment relationships, shall apply directly and necessarily between those on both sides of the collective bargaining agreement falling within the scope of the collective agreement. This provision applies in accordance with legal standards of the collective agreement on operational and operating constitutional matters. (2) In the collective agreement, collective bodies of the collective bargaining parties are provided for and regulated (wage-compensation funds, Such schemes shall also apply directly and compulsorly to the statutes of this institution and to the relationship between the institution and the employers and employees bound by the tariff. (3) Variant arrangements shall be admissible only if: it is permitted by the collective agreement or a change in the (4) A waiver of any established tariff rights shall be permitted only in a comparison approved by the parties to the collective agreement. The effect of tariff rights is excluded. Exclusion periods for the assertion of tariff rights can only be agreed in the collective agreement. (5) After the end of the collective agreement, its legal standards will continue to apply until they are replaced by another agreement. Unofficial table of contents

§ 4a Rate of collective clasp

(1) In order to safeguard the protective function, function of distribution, the function of a peaceful function as well as the regulatory function of legal norms of the collective agreement, collective agreements are avoided in operation. (2) According to § 3, the employer may be subject to several collective agreements of different unions. In so far as the scope of application does not overlap with the same collective agreements of different trade unions (collective agreements), only the legal provisions of the collective agreement of the trade union which at the time of the operation are applicable shall be applicable in the operation of the contract. The conclusion of the last-concluded colliding collective agreement in operation has the majority of members standing in a working relationship. If the collective agreements collide only at a later date, the latter shall be decisive for the majority determination. An establishment according to § 1 (1) sentence 2 of the German Works Constitution Act and an establishment created by collective agreement in accordance with § 3 (1) (1) (1) to (3) of the Works Constitution Act shall also be considered as holdings, unless this is the objectives of the paragraph 1 obviously against. This is particularly the case when the establishments of collective bargaining parties have been assigned to different economic sectors or to their value chains. (3) For legal standards of a collective agreement on a question of business constitutional law in accordance with § 3 (1) and § 117 (2) of the Works Constitution Act, the second sentence of paragraph 2 applies only if this question of business constitutional law is already regulated by collective agreements of another trade union. (4) A trade union can be a member of the employer or by the association of employers, the redrawing of the legal standards a collective agreement which is in conflict with their collective agreements. The right to resign includes the conclusion of a collective agreement, which contains the legal norms of the collective agreement, in so far as the scope and the legal norms of the collective agreements overlap. The legal provisions of a collective agreement referred to in the first sentence shall apply directly and compulsorly to the extent to which the collective agreement of the lofty trade union referred to in the second sentence of paragraph 2 does not apply. (5) If an employer or a union of Employers with a trade union negotiate the conclusion of a collective agreement, the employer or the association of employers is obliged to disclose this in a timely manner and in a suitable manner. Another trade union, whose statutory tasks include the conclusion of a collective agreement as set out in the first sentence, shall be entitled to submit to the employer or the association of employers their ideas and demands orally. Unofficial table of contents

§ 5 General liability

(1) The Federal Ministry of Labour and Social Affairs may conclude a collective agreement, in agreement with a committee consisting of three representatives of the leading organizations of employers and employees (collective bargaining committee), at the joint request of the Declare the parties to the collective agreement for a general obligation if the public interest declaration is offered in the public interest. The general obligation to make a declaration is generally available in the public interest, if:

1.

the scope of the collective agreement has been predominant in its scope for the design of working conditions, or

2.

the protection of the effectiveness of the standard-contractual norm against the consequences of economic misdevelopment requires a declaration of general liability.

(1a) The Federal Ministry of Labour and Social Affairs may conclude a collective agreement on a common body to ensure its functioning in agreement with the collective bargaining committee, at the joint request of the parties to the collective bargaining agreement for Declare a general obligation when the collective agreement regulates the confiscation of contributions and the granting of benefits by means of a common facility with the following items:

1.

A holiday holiday, a holiday allowance or an additional holiday allowance,

2.

an occupational pension scheme within the meaning of the occupational pension law,

3.

the remuneration of the trainees or the training in higher-level educational establishments,

4.

an additional, operational or over-the-job asset formation of employees;

5.

Wage compensation in case of working time, reduction of working time or extension of working time.

The collective agreement may regulate all rights and obligations related to the contribution and the granting of benefits, including the claims of the employees and the obligations of the employers on which the procedure is based. Section 7 (2) of the Workers ' Posting Act is applicable. (2) Before the decision on the application is made, employers and employees who would be affected by the general obligation to make a declaration are the one at the exit of the proceedings. interested trade unions and employers ' associations, as well as the supreme labour authorities of the countries in whose field the collective agreement extends, the opportunity to comment in writing and to express their views in an oral and (3) The supreme working authority of a public hearing (4) The Federal Ministry of Labour and Social Affairs may only accept the application with the consent of the Federal Government. (4) The declaration of general liability shall be determined by the Federal Ministry of Labour and Social Affairs. Legal standards of the collective agreement in its scope also the previously non-tariff-bound employers and employees. A collective agreement, which is declared to be generally binding in accordance with paragraph 1a, must be complied with by the employer even if, according to § 3, it is bound by another collective agreement. (5) The Federal Ministry of Labour and Social Affairs is able to To declare a general binding declaration of a collective agreement, in agreement with the committee referred to in paragraph 1, if the waiver is offered in the public interest. Paragraphs 2 and 3 shall apply accordingly. In addition, the general obligation of a collective agreement ends with its expiry. (6) The Federal Ministry of Labour and Social Affairs may, for individual cases, have the right to make a declaration of general obligation and to the supreme employment authority of a country. (7) The declaration of general obligation and the repeal of the general obligation shall be subject to the public notice. The notice also includes the legal provisions of the collective agreement covered by the general liability declaration.

Footnote

§ 5 (1), 2 to 5 and 7 idF d. Bek. v. 25.8.1969 I 1323: In accordance with d. Decision formula with d. GG compatible according to. BVerfGE v. 24.5.1977 I 1547-2 BvL 11/74- Unofficial table of contents

§ 6 Rate register

The Federal Ministry of Labour and Social Affairs is responsible for a collective wage register, which includes the conclusion, amendment and cancellation of collective agreements, as well as the beginning and termination of the general obligation. Unofficial table of contents

§ 7 Obligation to transfer and to share

(1) The parties to the collective agreement shall be obliged to the Federal Ministry of Labour and Social Affairs, within one month after the conclusion, free of charge, the original copy or a certified copy as well as two further copies of each collective agreement, and of its amendments; they shall notify it of the expiry of each collective agreement within one month. They are also obliged to send, within one month of the conclusion of the collective agreement, three copies of the collective agreement and its amendments to the supreme labour authorities of the countries in whose field the collective agreement extends, and also to send them to the national authorities. to notify the external force of the collective agreement within one month. If a party to a collective bargaining party fulfils the obligations, the other parties to the collective agreement are exempted from this. (2) Contrary to the law, those who intentionally or negligently do not comply with the provisions of paragraph 1 of a duty to transfer or share, are not correct, is not sufficient or not sufficient in good time. The administrative offence can be punished with a fine. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authority to comply with the obligation laid down in paragraph 1. Unofficial table of contents

Section 8 Disclosure of the collective agreement

The employer is obliged to make known the collective agreements applicable in the company as well as final decisions pursuant to § 99 of the Labour Court Act concerning the collective agreement applicable in accordance with Section 4a (2), second sentence, in the establishment. Unofficial table of contents

Section 9 Determination of legal validity

Final decisions of the courts in the case of cases of work which have been issued in disputes between the parties to the collective agreement or the existence or non-existence of the collective agreement are in dispute between the parties. to the courts and arbitral tribunals, as well as between them and third parties. Unofficial table of contents

§ 10 collective agreement and tariff plans

(1) With the entry into force of a collective agreement, tariff arrangements which have been adopted for the scope of the collective agreement or parts of it shall not enter into force, with the exception of those provisions which have not been governed by the collective agreement. (2) The Federal Ministry of Labour and Social Affairs can repeal tariffs; the repeal is subject to the public notice. Unofficial table of contents

Section 11 Implementing provisions

The Federal Ministry of Labour and Social Affairs, with the participation of the leading organizations of employers and employees, may adopt the regulations necessary for the implementation of the law, in particular:

1.

the setting-up and management of the tariff register and the collective bargaining archive;

2.

the procedure for declaring collective agreements and the abolition of tariff arrangements and arrangements, public notices in the application, declaration and termination of the general obligation and the termination of the general obligation, and the the cancellation of tariff plans and orders and the costs incurred in this way;

3.

the Committee referred to in Article 5.

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§ 12 Leading Organisations

The leading organisations within the meaning of this Act are, without prejudice to the provisions of § 2, the associations of trade unions or employers ' associations representing the interests of employees or employers in the Working life in the federal territory is essential. They are equal to trade unions and employers ' associations which do not belong to such a concentration if they meet the conditions of the last half-sentence in the first sentence. Unofficial table of contents

Section 12a Workers-like persons

(1) The provisions of this Act shall apply in accordance with

1.

for persons who are economically dependent and comparable to a worker (workers-like persons) when they are employed by other persons on the basis of contracts for employment or contracts, the benefits due to them in person and essentially without the involvement of employees, and

a)

are mainly active for one person, or

b)

They are, on average, more than half of the remuneration for which they are paid for their employment as a whole; if this is not foreseeable, the calculation shall, in so far as nothing else is agreed in the collective agreement, are in each case the last six months, in the case of a shorter duration of the activity of that period,

2.

for the persons referred to in paragraph 1 for which the persons-related persons are active, and for the legal relationships established between them and the worker-like persons by means of service contracts or contracts of employment.

(2) Several persons for whom work-related persons are active shall be deemed to be a person when these persons are grouped according to the nature of a group (Article 18 of the German Stock Corporation Act) or to a group of persons with a view to the existence of a group of persons. (3) The provisions of paragraphs 1 and 2 shall apply to persons performing artistic, literary or journalistic services and to persons involved in the provision of such services; , in particular the technical design of such services, including: shall apply if, by way of derogation from paragraph 1 (1) (b), the first half-sentence of one person is, on average, of at least one third of the total amount of remuneration to which they are responsible for their employment as a whole. (4) The provision shall not apply: Application to commercial agents within the meaning of Section 84 of the Commercial Code. Unofficial table of contents

Section 13 Entry into force

(1) This Act enters into force with its announcement. (2) Agreements concluded before the entry into force of this Act are subject to this Act. (3) § 4a shall not apply to collective agreements which shall apply on 10 July 2015. Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter VIII, Area A, Section III
(BGBl. II 1990, 889, 1023)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

14.

Collective bargaining law in the version of the notice of 25 August 1969 (BGBl. 1323), as amended by Article II (1) of the Law of 29. October 1974 (BGBl. 2879), with the following proviso: pending the conclusion of a new collective agreement, the existing framework collective agreement or collective agreement shall be applied further with all supplements and supplementary agreements to the extent that a registration corresponding to the provisions of the The Labour Code has been implemented. The framework collective agreement or collective agreement shall not enter into force, in whole or in part, if a new collective agreement enters into force for the same scope or part of it. The provisions of previous framework collective agreements or collective agreements which are not repealed or replaced by the new collective agreement shall apply to further rationalization protection agreements concluded and registered before 1 July 1990 Without retroactive effect on 31 December 1990, unless workers have fulfilled the conditions of the rationalization protection agreements until 31 December 1990, their claims and rights shall remain subject to new provisions on contractual agreements unaffected. The provisions of Article 20 of the Treaty and of the annexes thereto shall remain unaffected.

...