In principle, working hours and its remuneration (basic pay) in Germany can be regulated only by way of collective agreement or by individual agreement. So there are two different ways of regulating employment conditions that form the basis for employment contracts in a company.

1. Employment contracts with collective bargaining agreement

Represented by vbm, the employers negotiate the industry-wide collective bargaining agreement with the trade unions. A company may accept this agreement or conclude a company agreement based on it with IG Metall, the metalworkers’ trade union. The employment contract with the individual employee must not conflict with applicable collectively agreed provisions.

Arrangements that deviate from these provisions are admissible only if permitted by the collective bargaining agreement or when they include changes in favor of the employee. An employee who is a member of a trade union cannot effectively relinquish entitlements he has been granted by the collective agreement. We provide our members with advice and support on all matters.

2. Employment contracts without collective agreement

In companies without collective bargaining agreement coverage, employers and employees are free to agree on employment conditions, provided that the legally admissible limitations set by law are observed. Care must be taken to ensure that certain employee protection provisions are not circumvented (e. g. protection against dismissal, working hours, part-time employment and fixed-term employment).

If a company has a works council, certain aspects of the working conditions in the company, e. g. systems covering working hours, can only be agreed with the works council. bayme vbm provide directive advice.

Greater flexibility through temporary work

In Bavaria, as elsewhere, temporary agency work is an important instrument for recruiting employees. We provide support by offering sound legal advice and solutions on how to employ temporary agency workers in your company. Our cooperation partner recruits agency workers who are especially qualified for the Metalworking and Electrical Industries (M+E).