The collective bargaining money goes to the government
First of all, the federal government European Law to be implemented in federal law. In connection with the Working Hours Act, this concerns EU Regulation 2003/88, in connection with the Part-time and Temporary Employment Act, Directive 97/81 / EC.
Laws or directives of a federal government have broad liability. Laws may not contradict the Basic Law of the Federal Republic of Germany and European law. They are generally binding. Deviating solutions are only permissible if the law explicitly allows this deviation.
Collective agreements regulate the rights and obligations of the parties to the collective bargaining agreement (employers' associations, individual employers and trade unions) on the basis of the relevant laws. The structure, content and mode of operation of collective agreements are regulated in collective bargaining law (TVG).
With regard to the organization of working hours, collective agreements can, for example, stipulate weekly working hours. The opening clauses ("Deviating regulations") defined in §7 and § 12 of the Working Time Act can also be specified and regulated within the framework of a collective agreement. The collective bargaining agreement is a contract and is therefore binding for all parties who sign it.
Company or service agreements are agreed in writing between the employer and the works or staff council and are also mandatory. In company or service agreements, agreements on the organization of working hours can be made, but these must comply with the law and - if available - a collective agreement. The Working Hours Act provides for possible deviations from the legal requirements in §7 and §12. However, these always require a collective agreement that is valid for the company.
The employment contract Finally, there is a service contract under private law between the employer and the employee in accordance with Section 611 of the German Civil Code (BGB). In this, the employee undertakes to perform the agreed work and the employer to pay the agreed wages. The contents of the employment contract must be within the prescribed framework of the law, collective bargaining agreement and company / service agreements. This also applies to the organization of working hours.
The right to direct and give instructions
The employment contract includes the employer's right of direction (Section 106 Trade Regulations). Accordingly, the employer can specify the content, place and time of work at its own discretion. However, this right to issue instructions is limited by the hierarchy of norms mentioned above, i.e. all regulations in the employment contract, in a company / service agreement, in collective bargaining regulations, federal and state laws and ordinances as well as European standards. The requirement of consideration (§241 (2) BGB) must also be taken into account.
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