The Sector Agreement Stays the Standard

In Germany, the rules of a collective agreement apply directly and are binding. A deviation is allowed only if the agreement itself permits it, or if it favors the employee. On 12 February 2004, the union IG Metall and the employers of the metal and electrical industry signed the Pforzheim Agreement. It allows a plant to depart for a limited time from the agreed standards, such as working hours or holiday pay, in order to save or create jobs. The conditions are strict. Only the parties to the collective agreement can agree on the deviation. The employer must prove that it is necessary. The employees receive defined benefits in return, and they can sue for them. IG Metall sums it up: Der FlÀchentarifvertrag bleibt der Standard, die Abweichung die Ausnahme. (The sector-wide agreement remains the standard, and the deviation the exception.)

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