Tabular overview 10 The collective agreement is concluded between the collective bargaining partners of the employers' associations and the trade union. The collective agreement bindingly regulates the working conditions of employment relationships between employer and employee. Various collective agreements are concluded between the collective bargaining parties, the most important collective agreements are the framework collective agreement in the general working conditions of employment relationships and the remuneration collective agreement, which regulates the remuneration claims.
Other collective agreements may be:
- In-house collective agreement - between a trade union and an employer
- Rationalization collective agreement - to protect employee rights
- Training collective agreement
- Collective agreement on capital-forming benefits
- Partial retirement collective agreement
If you have any questions on the subject of personnel work in the collective bargaining environment, please do not hesitate to contact us.
Topics relevant to co-determination
The Works Constitution Act regulates all employee participation options. Executive employees, religious communities and charitable and educational institutions are not covered by the Works Constitution Act. A distinction is made between participation rights and co-determination rights. In the case of participation rights, the works council has the right to consult and have a say in the employer's decisions. However, the final decision lies solely with the employer. The employer can therefore implement its intentions even against the ideas of the works council. For more information on co-determination rights, click on the "Works council co-determination rights" button.
Collective agreement on wages and salaries
The collective agreement on wages and salaries is also known as a wage or salary agreement. The remuneration of the employees is regulated in the remuneration framework agreement. It is renewed and concluded after agreed periods, often one year. In the collective agreement, the basic wage (100%) is the standard wage set for a skilled worker over 21 years of age in the lowest pay group. It thus forms the basis for calculating the basic wages for the other wage groups. The wage level can be calculated on the basis of the percentages. The basic wage is always a subject of negotiation in collective bargaining. Minimum conditions are regulated in the collective wage agreement. The works council 's right of co-determination is much more extensive than the right of participation. In the case of the right of co-determination, the works council has the possibility of objecting to or preventing a decision by the employer. With the co-determination rights, a distinction is made between necessary (Section 87 BetrVG) and voluntary (Section 88 BetrVG) co-determination. The necessary co-determination is enforceable. Thus, measures within the scope of § 87 BetrVG may only be taken if the works council agrees to a works agreement or regulatory agreement. We help you to protect your interests.
Social plan and reconciliation of interests
When negotiating a social plan and reconciliation of interests, you should demonstrate social competence and negotiating skills. The negotiations should take into account the economic situation of the company and the different interests of the affected employees. In principle, a social plan should be completed before the reconciliation of interests takes place. A social plan does not have to be a pure severance pay social plan, you can also include other social aspects that meet the individual needs of each employee. When concluding a social plan and reconciliation of interests, we help you to find solutions that offer the best solution for each individual employee between social security and support (possibly NewPlacement consulting) in the search for new employment.
Separation discussions are facilitated by the possibility of transferring to a transfer company. The transfer companies give employees hope and enable them to reorient themselves professionally. In the transfer companies, participants are qualified according to their individual performance profiles and the requirements of the labor market. Upon joining a transfer company, the employment relationship ends with immediate effect and the transfer company takes over the employer function. However, C-levels and executives are better off receiving one-on-one NewPlacement coaching due to the demands of the job application market.
Benefits for employers
- Company remains competitive, as the necessary restructuring can be carried out quickly and smoothly
- Dismissal protection processes are avoided, separation costs are more calculable
- Separation processes are shortened and possible personnel costs are saved
- Corporate image is preserved
Benefits for employees
- Unemployment is initially prevented
- Financial security during reorientation
- Career opportunities are improved by market-oriented qualification
- Applications are made from within an existing employment relationship
- Negative consequences for pension insurance are largely avoided
- Employment with a new employer is possible at any time without deadlines
Benefits for works councils
- Colleagues can be promised more than just financial support
Benefits for HR managers
- Separation discussions become easier due to the possibility of showing employees perspectives
- Motivation of remaining employees is maintained
Personnel work in a collective bargaining environment (works council, staff council, spokesman committee, trade unions)
Design of labour relations strategy with unions, works/staff council; speakers' committee
Development and implementation of collective bargaining strategies
Negotiation of collective bargaining agreements (e.g. collective agreements on overtime, working hours, pay scales, etc..)
Drafting and negotiating company agreements
Preparation, support and negotiation of issues subject to co-determination with (group) works councils, general works councils, staff councils, representatives of the severely handicapped
Preparation of and support in the operational implementation of the co-determination rights of works councils/staff councils/speaker committees, e.g., selection and suitability assessments, appraisals, transfers, pay scales, remuneration benefits, employee surveys
Advice/representation of the employer side in personnel/works council and economic committee meetings
Negotiation, conclusion and implementation of restructuring, reorganization and separation concepts
Transfer of business/partial business, reconciliation of interests, social plan, mass redundancies, transfer companies, outsourcing, termination, severance agreements, early retirement arrangements, partial retirement, outplacement
Development and negotiation of reconciliation of interests and social plan
Support and representation of HR in committees e.g. occupational safety, health management.