Public lecture on the fundamental right: Register now!
Public lecture on the fundamental right: Register now!
Universitätsstraße 14-16, 48143 Münster, Deutschland - On May 5, 2025, a public lecture will be held at the Faculty of Law at the University of Münster. The renowned lawyer Prof. Dr. Martin Eifert will be given the topic of "fundamental rights between private and tariff autonomy" from 6 p.m. in the lecture hall Jur 3, Universitätsstraße 14-16. This lecture is free and offers a valuable opportunity to discuss the role of fundamental rights and their protection against private actors. https://www.uni-muenster.de/news/view.php?cmdid=14595
The focus is on the relevance of the topic in the context of the tariff autonomy and the bond by third parties by agreements between employers and unions. This topic is particularly explained by a recent fundamental decision by the Federal Constitutional Court. Affection announces that the background, arguments and alternatives of this decision also be examined in detail.Current developments in labor law
The fundamental decision of the Federal Constitutional Court from February 2025 concerns several constitutional complaints that are directed against judgments by the Federal Labor Court. Employers had convicted these judgments to pay higher surcharges for night shift work. The corresponding surcharge regulations in the collective agreements were considered incompatible with Article 3 paragraph 1 Basic Law, which meant that employers were obliged to pay higher night work surcharges retrospectively. https://www.bundesverbetungsgeriche.de/shahareddocs/de/2024/12/rs20241211_1bvr110921.html
The complainants, who are both employers and employers' associations, argue that the collective bargaining regulations do not sufficiently report the coalition freedom of the parties to the collective agreement. They demand that the scope for the design of the parties to the collective agreement, which is protected by Article 9 (3) of the Basic Law, is more recognized. The fundamental question of the binding of fundamental rights of the parties to the collective agreement remains controversial in the specialist discourse.
relevance of tariff autonomy
collective agreements play a central role in German labor law because they aim to compensate for negotiation deficits of the employees and to regulate rights and obligations of the parties to the collective agreement. These regulations are crucial for ensuring fair working conditions. https://www.bundesverbetungsgeriche.de/shahareddocs/de/2024/12/20241211_BVR110921.html
The decision of the Federal Constitutional Court has overturned the previous judgments and referred the matter back to the Federal Labor Court, which further underlines the relevance of the topic. The lecture by Prof. Dr. Feif offers a way to deal with these important questions and to understand the importance of the tariff autonomy in the current legal context.
Further information on the decision of the Federal Constitutional Court are on the corresponding https://www.bundesverbetungsgericht.de/shahareddocs/downloads/de/2024/12/rs20241211_BVR110921.PDF?_blob=publicationfile&v=1
| Details | |
|---|---|
| Ort | Universitätsstraße 14-16, 48143 Münster, Deutschland |
| Quellen | |