The BAG has held that a tariff under adverse individual agreement is invalid because they violate the collective agreement and not effective through that is later deleted a tariff binding. A single agreement may be amended, however, be taken in the aftermath phase of the TV (BAG v. 07.01.2009, Az: 4 AZR 250/08).
In the case decided the employer moved to a membership in the employers' association without tariff binding (so-called OT-membership). A short time previously concluded would provide for an employer with workers already modified contracts, which collectively agreed benefits.
The employer said that these agreements would take effect at least from the time of the change in an OT membership.
The court upheld the claim of the employee for payment of tariff benefits. If collective bargaining agreement bound the parties agree during the term of a collective agreement, an amending treaty, which sets the tariff under working conditions, this agreement is superseded by the collective agreement. This is certainly the case if, under the agreement that they should apply immediately, not only possible in an after-effect phase.
Such arrangement shall be not as "other arrangement" within the meaning of § 4 para 5 TVG for the time www.anwalt after the collective binding at after-effect.
-strieder.de www . telefonrechtsrat.de www.rechtsrat-arbeitsrecht.de
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