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Company Agreement

What is a company agreement?

Company agreements are written agreements concluded between the business owner, on the one hand, and the relevant employee representative body (works council, works committee, central works council, or group employee representative body), on the other hand, regarding matters that, under the law or a collective bargaining agreement, are reserved for regulation by a company agreement. A company agreement must not violate higher-ranking regulations. The works agreement applies to all employees of the relevant company specified therein. For example, a works agreement may contain provisions regarding the termination of employees that are more favorable than those provided by law.

What types of company agreements are there?

Company agreements are generally classified as mandatory (in which case the works council’s consent is always required), enforceable (where the contracting parties fail to reach agreement on the conclusion, amendment or termination of the works agreement, the matter must be decided by the conciliation board) and optional company agreements (so-called ‘voluntary company agreements’, which come into effect solely by agreement between the contracting parties). ‘Free company agreements’ do not constitute works agreements within the meaning of labour law, particularly as their content is not covered by either legislation or a collective agreement. However, such an agreement between the employer and staff representatives may form part of an individual employment contract if the content of this free works agreement is communicated to the individual employee and acknowledged by them, at least tacitly.

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