Reform der Allgemeinverbindlicherklärung – Tarifrecht in Bewegung?

The mechanism for the legal extension of collective agreements (AVE) is an important means towards stopping the erosion of collective agreements. The reform discussion, which has been going on for years, finds its expression in three draft laws put forward by the opposition parties in the German Parliament. The article discusses the proposals therein and speaks in favour of, amongst other points, the following points: the restriction of the collective agreement commission to an advisory function, removal of the 50% quorum – especially for collective agreements covering common organisations, declaration of the extension of collective agreements for all representative collective agreements, no undercutting of a declared extension of collective agreements by other collective agreements; if necessary the extension of collective agreements to comparable branches and finally responsibility to be given to the industrial tribunal rather than the administrative court in the event of disputes connected to the legal extension of collective agreements (AVE).