Collective Labour Law
Collective labour law governs - other than the individual labour law - the legal framework between labour coalitions, i.e., coalitions of workers, and employers. In this area, labour action, collective agreement and co-determination laws are of particular relevance. In essence, collective labour law encompasses two major areas: Collective agreement and industrial constitution law.
Collective agreement law
The right to conclude collective agreements is constitutionally enshrined under Article 9 paragraph 3 GG to ensure a power balance between employers and the most vulnerable workers. Generally speaking, collective agreements regulate the conditions for content definition, conclusion, and termination of labour contracts. They exert their effect, on the one hand, on all underwriting parties. On the other hand, however, a collective agreement is deemed binding if declared generally binding for a particular industry or if it was reflected in an individual labour contract. Moreover, a collective agreement is effective on any employment relationship to prevent the employer's breach of its terms to the detriment of the employee.
Industrial constitution law
Industrial constitution law finds its legal basis in the Works Constitution Act, WCA. This regulates the intra-company cooperation between the works council, other employee representatives, and staff and employers, as well as the participation of employees in company affairs. The aim of the Works Constitution Act is the trusted company cooperation for the benefit of employees and the company as a whole. In addition, it regulates the formation of a conciliation board. This serves the resolution of disputes between the works council and the employer.
In view of the above, it seems evident that collective labour law exerts its effects on a variety of stakeholders on a regular basis. Therefore, it is highly advisable to seek a lawyer's advice on all legal matters arising thereof. The lawyers at GRP Rainer advice and represent works councils as well as employers in all aspects of collective labour law. Our labour law attorneys will help you overcome operational difficulties and provide valuable assistance in the enforcement of your rights. Furthermore, we shall lend a hand in the design of operational agreements and represent you in the conciliation committee proceedings.
GRP Rainer boasts a team of highly motivated and committed attorneys. We shall be glad to provide comprehensive advice on all aspects of collective labour law.