Collective bargaining law

Collective bargaining law, just as the Works Constitution Act, is part of collective employment law. Employers are bound by collective bargaining agreements as members of employers' associations. But also outside this membership, an employer can conclude a collective bargaining agreement tailored to his company’s needs with a relevant trade union.

Legal regulations governing collective bargaining often apply in the company by virtue of reference clauses in the employment contracts. Since the parties to collective bargaining agreements must frequently struggle with declines in members, it has meanwhile become possible for employers to join employers' associations without committing themselves to collective bargaining agreements (the so-called 'OT-Mitgliedschaft'). Whether taking over company operations, parts thereof or acquiring a company, it is beneficial to know the applicable collective bargaining situation.

Our key consulting areas on the issues of collective bargaining law comprise:

Drafting, amendment and termination of collective bargaining agreements
Preparation and structuring of changes to wage tariffs and negotiations of new company-level collective bargaining agreements
Negotiations of collective bargaining agreements in employment restructuring and transition
Assistance to companies in the incorporation of restructuring measures into collective bargaining agreements
Legal advisory on the impact of various reference clauses
Advice on and assistance in handling industrial actions
Due diligence of the collective bargaining situation and the structuring of operation transfers