Overdue or unnecessary?: Tariff loyalty by law – criticism of design from BAS

Companies should have to pay their employees in the future of the federal government orders. Otherwise, according to a new bill by Labor Minister Bärbel Bas (SPD), they face sensitive punishments. The template for a tariff loyalty law gave BAS in the vote within the federal government, as said from there. Employers warned of a “further massive burden for our economy”.

From an order value of 50,000 euros, companies should have to grant their employees remuneration, Christmas bonus, vacation and rest periods as in industry -customary collective agreements. The draft is available to the German Press Agency.

Modernization of the infrastructure

Bas referred to the importance of federal orders and especially the 500 billion euro special assets. “Many public orders are then awarded for the modernization of bridges, hospitals, school buildings.” It is now clear: “We are putting a stop with tax money with tax money.” For start-ups, a threshold of 100,000 euros should apply to the execution of innovative solutions “.

Such a law has been discussed for a long time. A few decades ago, three out of four jobs were bound by collective bargaining; Today it is only every second one. The traffic light government had undertaken a tariff loyalty law, but was not realized primarily because of the reservations of the FDP. In most federal states there have been corresponding regulations in a long time.

Employers warn of stress

The managing director of the Federal Association of German Employers’ Associations, Steffen Kampeter, criticized: “The draft of the so -called Bundestatariferetreue law is a label.” This has nothing to do with real loyalty to the tariff. “Because loyalty requires voluntariness, not state coercion.” The law force companies into a foreign tariff. Smaller companies in particular would be burdened. The chairwoman of the social association Germany, Michaela Engelmeier,, on the other hand, called the draft an “overdue step”.

“Incentive for more tariff binding”

Today, according to procurement law, the public sector must commission the cheapest providers. “If you do not grant working conditions, you can create offers on cheaper conditions due to lower personnel costs,” says the draft. The tariff loyalty law should ensure that the cost competition between the providers is not held on the back of the employees.

BAS said: “The federal government is making a good example and sets an incentive for more collective bargaining.” Because with a collective agreement, employers enable uniform working conditions for the entire workforce during the execution of private and public orders, as is emphasized in the draft law.

Penalties up to 10 percent of the order value

Specifically, it is planned that at the request of a union or an employer association, the Ministry of Labor will determine which working conditions apply in the execution of public orders. Compliance with the loyalty to the tariff by a new test center is to be checked.

Those who undermine the tariff loyalty must expect punishments or termination of the order – or to exclude further award. Contract penalty of a maximum of 1 percent should be planned, and for several violations a maximum of 10 percent of the order value.

The rules should also apply to subcontractors in the future. Employers should have to inform their employees that they are entitled to the relevant working conditions. Companies will have to document compliance with minimum working conditions in the future.

The government assumes an unbureaucratic documentation obligation. Because they should be able to fall back on pay slips and other existing documents. If you have your tariff standards certified, you should be able to do without evidence.

Government decision for summer planned

The tariff loyalty law, which Bas’ department, together with the Ministry of Economic Affairs under Katherina Reiche (CDU), is to be adopted in the cabinet in August and in the course of the year in the Bundestag.