Tag #Tariff Autonomy

How does the court's emphasis on collective bargaining autonomy balance against the principle of equal treatment under German law?

The Federal Constitutional Court's decision highlights the tension between the principle of equal treatment and the autonomy of collective bargaining in Germany. While acknowledging the potential for inequalities in tariff agreements, the court prioritized the right of unions and employers to negotiate terms freely. The court's ruling emphasizes the limited scope of judicial review in such matters, upholding the agreements' night shift allowances despite some disparity.