Collective agreement not adhered to - what can I do about it?
April 11, 2023 | 30,00 EUR | answered by Alexander Lenzner
Dear lawyer,
I am reaching out to you because I am facing a problem in my current employment situation and am unsure of how to address it. I have been working for many years in a company that is bound by a collective bargaining agreement. This agreement includes regulations regarding my salary, working hours, and vacation days, among other things.
Unfortunately, it has come to light that my employer is apparently not adhering to certain provisions of the collective bargaining agreement. My salary does not meet the minimum rates set in the agreement, overtime is not being properly compensated, and my vacation entitlement is not being accurately accounted for. This not only results in a financial loss for me, but also creates significant dissatisfaction and uncertainty regarding my working conditions.
I am concerned that my employer will continue this behavior and am wondering how I can address it. What legal options do I have to ensure that my employer complies with the collective bargaining agreement? Are there specific steps I can take to protect my rights as an employee and to receive fair compensation and working conditions?
I thank you in advance for your assistance and advice on this matter.
Sincerely,
Irmgard Herrmann
Dear Mrs. Herrmann,
Thank you for your inquiry and your trust in my expertise as a labor law attorney. I am sorry to hear that you are having problems with your employer regarding compliance with the collective agreement. It is important that employees like you are informed about their rights and know how to address violations by the employer.
First and foremost, it is important to emphasize that a collective agreement is binding and both employers and employees are bound by its provisions. If your employer violates the collective agreement, as an employee you have various legal options to address this. Here are some steps you can take to ensure that your employer complies with the collective agreement:
1. Step: Documenting the violations
It is important to carefully document all violations of the collective agreement. Note down all cases where your salary does not meet the minimum rates, overtime is not compensated, or your holiday entitlement is not correctly taken into account. Keep all relevant documents such as pay slips, time records, and holiday requests carefully.
2. Step: Discussion with the employer
Try to first have a conversation with your employer and point out the violations of the collective agreement. Present the documented examples and demand a correct implementation of the collective agreement. Often misunderstandings can be clarified in this way.
3. Step: Involvement of the works council or union
If the conversation with the employer does not lead to a solution, you can involve the works council or union. They can assist you in enforcing your rights and may also initiate legal action if necessary.
4. Step: Legal action
If all previous measures do not lead to the desired outcome, as an employee you have the right to take legal action. For example, you can file a lawsuit in the labor court and assert your claims there. An experienced labor law attorney can support you in this process and help you enforce your rights.
It is important to emphasize that as an employee you are legally protected and have the right to expect your employer to comply with the collective agreement. Therefore, do not hesitate to take action against violations and assert your rights.
I hope that this information is helpful to you and I am available to assist you in this matter. If you have any further questions or need legal advice, please do not hesitate to contact me.
Best regards,
Alexander Lenzner, Attorney at Law
