The company agreement is an agreement between the works council and the employer that regulates binding working conditions for all employees in a company. Numerous matters are set out in company agreements: from smoking bans in the workplace or the dress code in the company to working time models such as flexitime and trust-based working hours, mobile work, on-call duty, details on holidays, occupational safety, computer work and company integration management to dealing with the Internet and email and social media. Most topics relate to matters in which the works council has a statutory right of co-determination (§ 87 Works Constitution Act (BetrVG)). In addition, matters that are not subject to co-determination by the works council can be regulated in voluntary company agreements.

What is now referred to as the gender pay gap describes an old problem: the income gap between men and women. Although the gap has narrowed over the past 20 years, it still averages around 18 percent across Germany; however, there are regional differences. The pay gap can be explained both by pay gaps between different occupational groups and by a pay gap to the detriment of women within the individual occupations. On the one hand, women work more often than average in comparatively poorly paid jobs, such as salespeople, educators or nurses. Higher wages are paid, for example, in technical professions, where the proportion of men is traditionally high. But even if women work in the same profession as men, their salary often lags behind – according to the WSI wage index, it is 13 percent for industrial clerks, 10 percent for office clerks and 8 percent for electrical engineers. One reason for this is, among other things, the shorter working hours and career breaks of women due to part-time work and parental leave. By the way: The situation is different in companies and businesses that are bound by collective agreements: Collective agreements do not distinguish between men and women. They also ensure higher average salaries. The salary increase for electrical engineers with a collective agreement is around 18 percent. Calculated over the year, this results in a difference of 10,920 Euro in the basic salary alone – based on twelve monthly wages.

Holiday pay has no legal basis – but the collective agreements of IG Metall secure the holiday pay for employees. In addition, an entitlement to holiday pay can arise, for example, on the basis of company agreements or employment contract regulations. You can get information about the amount and payment modalities from your works council or, as a member of IG Metall, from your responsible office or the IG Metall shop stewards in the company.

Parental leave is a break for mothers and fathers after the birth of a child. They can leave the job completely or partially for a total of 36 months and take care of their offspring. All employees, including homeworkers, are entitled to parental leave. The prerequisite is that they live with their child in the same household, look after and raise their child themselves and do not work more than 32 hours a week during parental leave. This also applies to unmarried couples. Single parents have the same rights. The parents alone decide on the start and duration of the leave. You can split your parental leave into three phases within eight years; however, the first twelve months must be taken until the child reaches the age of three. The application for parental leave must be received by the employer no later than seven weeks before the desired start and contain the exact plans for two years. As soon as the application is submitted to the employer, the parents have protection against dismissal.

The reconciliation of interests is an instrument of operational co-determination according to the Works Constitution Act (BetrVG). reconciliation of interests is a written agreement between the works council and the employer on all issues related to a change in operations planned by the employer. A change in operations is a fundamental reorientation or restriction of an operation, which can go as far as the closure of the operation or significant parts of it. It is therefore usually associated with considerable disadvantages for the employees concerned. From the point of view of the works council, the aim of the reconciliation of interests is to prevent or at least mitigate the disadvantages for the employees resulting from the change in operations. In a reconciliation of interests, for example, the extent of the restriction of production, the time of the closure of the company or part of the company, guidelines for the selection of the employees to be made redundant or retraining and further training measures are regulated.

We often talk about salary, sometimes also about wages – meaning the remuneration for your work that you have agreed with the company – regardless of whether you are paid per hour or per month. The concept of remuneration was introduced after the separation between employees and workers was abolished in the Works Constitution Act. IG Metall and employers’ associations then merged the collective agreement regulations. The amount of the monthly salary depends on the salary group and level as well as on performance-related components. Collective agreement increases are negotiated between IG Metall and the employers’ association. The more visible the support of its members is, the greater the union’s chances of a successful conclusion.

According to the Social Security Code, a representative for severely disabled people is elected every four years in companies that employ at least five severely disabled employees. The representative for severely disabled employees is intended to promote the integration of severely disabled people into their jobs, provide them with assistance if necessary and represent their interests in relation to the company.

Shop stewards are the representatives of the trade union elected by the members in the company. They should maintain the connection between the members, the works council and IG Metall. They inform the works council about the demands and mood of the employees and explain the decisions of the works council or the union to the workforce. The shop stewards take care of the interests of the IG Metall members in their area, are involved when collective agreement demands are made and acquire new members for IG Metall.

A trade union is “a voluntary association of employees”. It is intended to protect and represent their interests, especially towards employers, but also in the State, business and society. The right to form trade unions is guaranteed by the Basic Law A trade union must be politically independent, financially self-sufficient and assertive. The strength of the trade unions lies in the fact that employees of a branch of industry, an industrial sector or a professional group have come together – regardless of political or ideological convictions. In this way, trade unions can enforce collective agreements and improve working conditions and wages. An important instrument in collective bargaining disputes is the right to strike, which is guaranteed in the Basic Law. Trad unions advise their members and works councils on all labour and social law issues.

With warning strikes the trade union wants to put pressure on the employers during the collective agreement negotiation to meet their demands to shorten the collective agreement negotiations and to avoid a “real” strike. Members show that they stand behind their union’s demands. warning strike 42 does not require a ballot. The union calls for this when the bodies responsible for collective agreement consider the negotiation opportunities to be exhausted. The warning strike is limited in time. The warning strikers do not receive strike support.

24 hour strikes

Companies that meet certain criteria can be put on all-day (24-hour) warning strikes, during which strike support is also paid, after the warning strike phase and before a possible ballot. These are a further development of the previous two-stage industrial action concept of IG Metall into a three-stage one and enable a more differentiated influence on collective agreements.

The works council represents the interests of employees in a company. It is elected by the workforce every four years and works closely with the trade union represented in the company. A works council ensures that collective agreements and other regulations in favour of employees are observed. The employer must regularly inform the works council about the economic situation of the company. The works council also has extensive co-determination rights, for example in the distribution of working hours, regulations on holiday times, classifications, health protection measures or training measures. It groups together the concerns of the employees and can further shape the working conditions in the company through voluntary company agreements that it negotiates with the employer. The works council is also the mouthpiece of the workforce – and the employers also benefit from the ideas that the employees bring to the development of a company via the works council. The works council can provide impetus for changes and innovations that are necessary for the progress of a company The works council can also have a say in personnel measures such as hiring and transfer. Very important: Before dismissing an employee, the employer must inform the works council of the reasons for the planned dismissal in the context of a hearing. notice of termination given without hearing the works council is ineffective. In the event of an action for protection against dismissal, a well-founded objection by the works council can support the employee.

The works meeting is a meeting for all employees of a company and is convened by the works council, i.e. the works council invites the employees and determines the topics of the meeting. No one from the workforce may be prevented from participating. Attending the works meeting is working time Works meetings are the forum where the works council reports on its activities. According to the Works Constitution Act, the must take place once every calendar quarter. The employer 46 must be invited to works meetings and has the right to speak. Once a year, the employer or its representative has to provide information: about the economic situation of the company, about personnel and social matters as well as about measures to promote equality, integration and environmental protection.

The youth and trainee representative, “JAV” for short, is th elected representative of the trainees or dual students and the up to 18-year-old employees of a company. JAV can b elected if there are at least five eligible voters in a company. The rights and obligations of the JAV are regulated in the Work Constitution Act. The works council must invite the JAV to i meetings and always involve them if the interests of trainees, dual students and young employees are affected.