The modern German civil law is based on the idea of freedom of contract (Rüthers, 2003, p. 26). This implies the freedom of individuals to negotiate contracts without any interference of the government. This concept can only lead to fair and reasonable results if two equal parts are negotiating (Rüthers, 2003, p. 28). If one party has more or better alternatives than the other, the result is more likely to be unfair and inequitable (Blum, 2007, p. 9).
Art. 9 (3) GG deals with the Vereinigungs- und Koalitionsfreiheit, the freedom to found and join societies and associations. This matter is closely linked to the legal questions arising from collective agreements and strikes (Freckmann, 1999, p. 96). After presenting the wording of Art. 9 (3) GG, followed by a short overview concerning the history of Art. 9 (3) GG, these questions will be elaborated in more detail in this midterm paper.
Table of Contents
I Introduction
II The Vereinigungs- und Koalitionsfreiheit of Art. 9 (3) GG
A. The Wording of Art. 9 (3) GG
B. The History of Art. 9 (3) GG
C. Scope of Art. 9 (3) GG
1. Individual Rights of Art. 9 (3) GG
2. Collective Rights of Art. 9 (3) GG
3. The Tarifautonomie
III Conclusion
Objectives and Topics
This paper examines the constitutional significance of Article 9 (3) of the German Basic Law (Grundgesetz) as the legal foundation for the establishment and operation of trade unions in Germany, focusing on its historical development and current scope of protection.
- The constitutional guarantee of the freedom to associate and form unions.
- The historical transition from prohibited strikes to protected collective action.
- The distinction between individual and collective rights under Art. 9 (3) GG.
- The legal concept of Tarifautonomie and the role of industrial relations.
Excerpt from the Book
3. The Tarifautonomie
The main task of unions is the negotiation of collective labour agreements (Höfling, 2009, p. 465). This right is also guaranteed by Art. 9 (3) GG and the non-interference of the government is of major importance in this process. To support their interest, unions are allowed to strike and employers are allowed to lockout the workers. Both actions must be within the limits of legality and the constitution itself (Foster, 2002, p. 570). Firstly, it has to be noticed that strikes are only lawful if they are conducted by a union. Therefore, the right to strike is a collective right and not an individual right. In two leading decisions (BAGE 1, p. 291; BAGE 23, p. 292) the Bundesarbeitsgericht (Federal Labour Court) has also developed some requirements which have to be fulfilled. Strikes must be the last resort and the decision must be the result of a prior secret ballot (Foster, 2002, p. 540). Additionally, the action undertaken must also be appropriate for the result to be achieved and not cause too much harm. For individuals the effect of a collective agreement between the union and the employer often determines the content of their individual contracts (Höfling, 2009, p. 465). The agreements made in a collective labour agreement apply for all union members. But, the agreements can also be binding for non-union members where agreed (Foster, 2002, p. 539).
Summary of Chapters
I Introduction: This chapter provides the economic and historical background of labour relations, establishing why unions are necessary as a counterbalance to employer power.
II The Vereinigungs- und Koalitionsfreiheit of Art. 9 (3) GG: This central chapter outlines the constitutional wording, history, and scope of Article 9 (3), detailing individual and collective rights and the concept of collective bargaining autonomy.
III Conclusion: The final chapter synthesizes how Article 9 (3) GG functions as the essential legal safeguard for workers' rights and the practice of collective negotiations in Germany.
Keywords
Art. 9 (3) Grundgesetz, Trade Unions, Freedom of Association, Collective Bargaining, Industrial Relations, Labour Law, Germany, Constitution, Collective Agreements, Tarifautonomie, Strikes, Workers' Rights, Employers' Associations, Bundesarbeitsgericht, Labour Relations
Frequently Asked Questions
What is the core subject of this paper?
The paper examines the importance of Article 9 (3) of the German Basic Law in enabling and protecting the establishment and functions of trade unions.
What are the primary themes discussed?
Central themes include the right to associate, the history of collective labor rights in Germany, the role of unions, and the legal framework governing industrial disputes.
What is the research goal of this work?
The goal is to explain how Article 9 (3) GG provides the constitutional basis for workers to organize and engage in collective negotiations to balance the power relationship with employers.
Which scientific method is applied?
The work utilizes a legal-analytical approach, reviewing constitutional texts, historical developments, and leading court decisions (case law) from the Federal Labour Court.
What topics are covered in the main body?
The main body covers the legislative text of Art. 9 (3) GG, its evolution from the Weimar Constitution, the differentiation between individual and collective rights, and the legal reality of collective bargaining.
Which keywords best describe the work?
Key concepts include Art. 9 (3) GG, Trade Unions, Collective Bargaining, Tarifautonomie, and Industrial Relations.
Is the right to strike considered an individual or a collective right in Germany?
The text clarifies that the right to strike is a collective right, meaning it must be conducted by a union and not by an individual.
How does technological change impact union rights?
The text notes that legal rulings have evolved to allow unions to communicate with workers via email at their desks, a development that has caused significant debate in German legal society.
- Citation du texte
- Felix Hadwiger (Auteur), 2010, The importance of Art. 9 (3) Grundgesetz for the establishment of trade unions in Germany, Munich, GRIN Verlag, https://www.grin.com/document/190751
