In the collective agreements there are clauses that allow the Union members ‘ benefits. In contrast, an Employee had complained. The Federal constitutional court has now decided that these clauses are lawful.
trade-Union members and not in the trade-Union organized workers, may be dealt with in the collective agreement differently. These special rules do not violate the basic law, decided by the Federal constitutional court in a decision. This is certainly the case if there is no coercion or pressure was exercised on the accession of the society.
In the specific case were written in a collective agreement Bypass and termination benefits. Certain benefits should be given only to Employees who were at a date to be Union members. Because he profited from the fact complained to an Employee. He made the claims to a “General preventive pressure”. This will not, however, been substantiated, explained to the constitutional court.
The highest German court rejected in its decision the constitutional complaint of the employees. Differentiation clauses in collective agreements, certain benefits are only Union members benefit.
Ref.: 1 BvR 1278/16
