a collective agreement contains a clause stipulating that certain benefits are entitled only union members, such a provision does in the work, involving the collective bargaining agreement, not to be that such benefits be paid even at Nichtgewerkschaftler if this clause is effective on TV (BAG v. 18.03.2009, 4 AZR 64/08).
The applicant, who was not a union member, had a contract with a clause referring to the "provisions of the applicable collective agreement, as amended. The Collective Agreement was settled: ".... the ver.di members receive as compensation for the abandonment of the special payment in each financial year a compensation payment of 530 € gross "The applicant did not receive the above-mentioned performance and wanted to share this klagweise.. the Labour Court upheld the one that WAS the BAG and rejected the request.
The contract of employment equality deny leg hold only that the Tariffvertrag apply to the employment application. This is regulated but not that the applicant as a union member is to be treated. You can only make a claim for tariff benefits provided that they satisfy the requirements of the scales of claims conditions.
The TV-clause is also effective. It provides a "simple differentiation clause" (as opposed to a qualified differentiation clause), because it considers the possibility of the employer open to the unequal treatment contract to eliminate. Interference with the negative freedom of the worker is allowed for sufficient justification. join
An improper pressure on non-organized workers of the union, are not available. The special payment was not so high as to cause pressure on the independents are exercisable on. In addition, there was a redevelopment agreement, which should include also prevent tariff evasion.
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