Rechtsanwaltarbeitsrechtberlin.wordpress.com Website Review

Specialist lawyer for employment law in Berlin - lawyer andreas Martin. Federal Constitutional Court: Compensation only for members of the union? only employees who, on an agreed deadline, members of the collective bargaining union of the complainants (employees) did not receive the benefits since they did not belong to any union (but in part from the employment contract), against which he complained; until the federal constitutional court ... ..> a different treatment of unionized and> non - unionized workers. > Employees in a collective agreement do not violate the negative> freedom of as*ociation, as long as it is only a factual incentive. > Results in joining the union, but neither compulsion nor pressure> arises. With this reasoning, the 2nd Chamber of the First Senate, with today's decision, has not adopted for decision the> constitutional complaint of a non-union employee>, which is characterized by> a so-called differentiation clause in a collective agreement> 1.art. 9 abs. 3 gg also protects the freedom to keep as*ociations for the promotion of working and economic conditions. > Therefore no compulsion or pressure may be exercised in the direction of a membership. However, the fact that organized workers> and employees are treated differently than unorganized employees> does not yet mean a> breach of fundamental rights insofar as only a possible> actual incentive to join, but neither compulsion nor pressure> arises. Here, the complainant claims that there is a> general preventive pressure to join a union. the> but is not further docu*ented, an individual coercive effect is> not recognizable. The Federal Labor Court goes in any case