company agreement

Defenition company agreement

The works agreement is a contract between an employer and the works council, in which all questions can be regulated that are within the competence of the works council. It is effective regardless of the content of employment contracts and knowledge of the contracting parties of the content of the works agreement (Section 77 (4) BetrVG).

Scope of the works agreement

The company agreement applies to all employees working in the company. It is to be interpreted by the employer in a suitable place (Section 77 (2) BetrVG). Unless otherwise agreed, you can give notice of three months' notice.

voluntary company agreement

In a voluntary company agreement, in accordance with Section 88 BetrVG, the following can be regulated in particular:

• Additional measures to prevent accidents at work and damage to health.
• The establishment of social institutions, the scope of which affects the business, the company or the group is restricted.
• Measures to promote wealth creation.

Special company agreements can e.g. B. contain data protection regulations, vacation plans, decisions on the alcohol ban, regulations on pension schemes.

The admissibility of works agreements is restricted by Section 77 (3) BetrVG. According to this, wages and other working conditions that are or are usually regulated by collective agreements cannot be the subject of works agreements, unless a collective agreement expressly allows this.