Union members and not in the trade-Union organized workers, may be dealt with in the collective agreement differently.
This is not in breach of the basic law, decided by the Federal constitutional court in Karlsruhe published decision. This is certainly the case if there is no coercion or pressure was exercised on trade Union membership. The highest German court rejected a constitutional complaint of a non-unionised workers, who saw a so-called differentiation clause at a disadvantage. Such clauses in collective agreements, certain benefits are only Union members benefit.
The Union had negotiated in the present case, for its members in the social tariff agreement Bypass and termination benefits. For non-members the provisions of the labour agreement and the social plan were considered. The Complainant wanted to members the same benefits as a Union. Before the labour court, he was successful. However, the regional labour court of Munich and the Federal labour court rejected his complaint – to be decided right now the constitutional judges.
article 9, paragraph 3 of the basic law, Sagittarius the freedom of associations to stay away from. The potential incentive due to the different treatment of joining a Union was not coercive and thus unconstitutional. Of the Complainant’s General claimed “preventive” print had not been substantiated. Also, the special protection against dismissal for those who were to a certain date in the trade Union, was not objectionable. Anyway, the Union is only entitled to make agreements for their members. She was already obligated due to the autonomy of collective bargaining, to consider all employees equally (Az.: 1 BvR 1278/16 decision from 14. November 2018).