Germany: Federal Labor Court limits advantages negotiated for union members only

Preferential clauses are spreading.  The ruling issued by the Federal Labor Court (Case No. AZR 366/09) puts an end to a procedure which has been lasting for two years and concerns a crucial point for unions: strategies to get new members.  In 2009, the Labor Court acknowledged the validity of preferential clauses negotiated between the social partners at company level (see our dispatch No.  090331).  Thus, unions obtained the right to impose wage benefits for their members only, usually an annual bonus ranging between €100 and €400 depending on the sector.  Currently, Verdi negotiates about 70 clauses like this a year, and the IG-Metall 120.  Unions simply explain this practice: unionized employees commit to maintain and improve working conditions and pay, improvements also felt by non-unionized employees.  Therefore, they should be rewarded for their efforts and commitment.
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al clauses negotiated between the social partners at company level (see our dispatch No. 090331). Thus, unions obtained the right to impose wage benefits for their members only, usually an annual bonus ranging between €100 and €400 depending on the sector. Currently, Verdi negotiates about 70 clauses like this a year, and the IG-Metall 120. Unions simply explain this practice: unionized employees commit to maintain and improve working conditions and pay, improvements also felt by non-unioni

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