Kirsch, Johannes
/ Bispinck, Reinhard
: Minimum Standards between Collective Agreements and Statutory Provisions
Even if the working and income conditions of the majority of employees in Germany are still governed by collective agreements, it has been apparent for a number of years that the (statutory) level of collective agreement coverage and the (de facto) validity of collective agreements are in decline. As a result, there is an increasing risk of non-uniform competitive conditions that serve to promote unfair competition in the labour market. Against this backdrop, it is important to ask what means are available to supplement "normal collective bargaining policy to ensure that certain minimum standards apply to the working and income conditions of those in dependent employment. The article first looks at the trends in collective agreement coverage in recent years as well as compliance with valid collectively agreed provisions. It goes on to profile the instruments that the state and the bargaining parties have at their disposal to secure minimum standards and analyses their practical efficacy. The instruments in question are the extension of collective agreements (in line with the German Collective Agreements Act), the German "posted workers act, and the legal declaration of loyalty to collectively agreed standards - an instrument that has been introduced in only a few German laender to date. The article is rounded off by a brief overview of the legal provisions for the extension of collective agreements and minimum wages in other EU countries.
