Collective bargaining

Collective bargaining is a term from the German labor refers to the negotiations between employer and employee representatives in an industry (usually employers' association and trade union ) with the aim to conclude a collective labor contract for the uniform remuneration and for uniform working conditions for a specific area.

The state does not intervene in this case and thus recognizes the collective bargaining of employers 'and workers' representatives on it; it is there only orientation data and regulates the minimum standards for working conditions on laws. In recent times, there are increasing signs that this hitherto accepted form of regulation of working conditions by the state should be changed. The introduction of a minimum wage for industries or coverage is seen by many experts, including from the Administrative Court in Berlin (March 2008) as an interference in the collective bargaining.

Collective bargaining in the private sector regionally, ie in the respective tariff district instead. Exceptions are nationally led shoelace conversations as they always had been customary in the public service. However, negotiations can begin only when the old collective bargaining agreement expired or terminated in due time. Trade unions and employers are in the first round of negotiations on their demands. Then follow - often long - negotiations on the finally follows a negotiated compromise to which trade union and employer agree.

Can not agree union and employers' organization, trade unions organize strikes. There is, however, a peace obligation, stating that until a month after the end of the current collective agreement strikes or strikes are collectively unconstitutional.

If no agreement is reached, an arbitration procedure can be performed. Both bargaining parties must agree to this method, only representatives of the two parties and a neutral mediator can put together. Here, too, there is the peace obligation. Also fails this procedure, there is a labor dispute with strikes and lockouts.

At the end there is the new collective bargaining agreement. He is formally true only for the members of the Parties, but is usually applied to the non-members ( trade unions / employers' associations ).

The following may therein - are regulated - possibly under a statutory provision: