Germany: validation of “simple differentiation” clauses negotiated exclusively for union members

009 (Ref. 4AZR 64/08), the Federal Labor Tribunal rejected the complaint of a non-unionized employee demanding to benefit from the advantages exclusively negotiated by Ver.di for employee members via a “simple differentiation” clause. This judgment decisively clears a point of law on collective agreements which is increasingly used but also contested. (Ref. 090331)

Largely commented by the general and specialized media, the judgment rendered on March 18 by the Federal Labor Tribunal should...