A union definitely out of the game. The ruling issued last Monday by the Employment Tribunal of Berlin includes the arguments of the ruling issued last December by the BAG (see our dispatch No. 090240), while adding a temporal dimension. Indeed, the BAG considered that the Union of Christian Unions in the temporary sector was not representative because it didn’t have enough members and wasn’t present enough in businesses. Consequently, the federal judges decided that the CGZP was not allowed to negotiate sectoral collective agreement. The ruling cancelled the agreements signed in 2009 and opened the way for damages requests from the employees concerned (see our dispatch No. 110141). Indeed, since their remuneration is not determined via a collective agreement, the workers who used to be covered by the CGZP’s agreements are now subject to the principle of equal pay between permanent and temporary workers. Thus, several agency workers pressed charges to exert their rights, not only for 2009 but also for the agreements signed in 2004, 2006 and 2008. The court of Berlin gave them satisfaction. Verdi, the large services union which pointed out that, although it only had 1,400 members, the CGZP had negotiated agreements for 280,000 agency workers, rejoiced with the ruling which opens the way for complaints from tens of thousands of employees.
t determined via a collective agreement, the workers who used to be covered by the CGZP’s agreements are now subject to the principle of equal pay between permanent and temporary workers. Thus, several agency workers pressed charges to exert their rights, not only for 2009 but also for the agreements signed in 2004, 2006 and 2008.
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