Die Allgemeinverbindlicherklärung nach § 5 TVG

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Abstract The law of the autonomy of collective bargaining substantially changed the institute of the declaration of general application of a collective agreement in 2014. For the first time, the declaration of general application of collective agreements concerning joint bodies was standardised. The revised arrangement simplified the declaration of a collective agreement as generally applicable and so to extend to non-members. It is therefore necessary to reexamine the question under which conditions the extension of the collective agreement is constitutional. The work analyses the jurisprudence of the Federal Constitutional Court, constitutional principles and various fundamental rights of non-members. The author argues, that § 5 (1) and (1a) TVG are to be interpreted in accordance with the constitution, with regard to the principle of democracy and the positive, negative and collective freedom of association as well as the freedom to work. Finally, it will be explained how § 5 (1) and (1a) TVG are to be interpreted and applied in conformity with the constitution.