Revolution in labor law: Prof. Eifert discusses fundamental rights and collective bargaining autonomy!

Revolution in labor law: Prof. Eifert discusses fundamental rights and collective bargaining autonomy!

On May 5, 2025 at 6 p.m. there will be a public lecture in the JUR 3 lecture hall at the University of Münster with Prof. Dr. Martin Eifert will take place. The Faculty of Law has invited to the lecture, which is entitled “Fundamental rights effect between private individuals and collective bargaining autonomy”. Admission is free and offers participants the opportunity to immerse themselves in in-depth discussions about fundamental rights and their protection against private actors. Eifert will shed light on the latest developments and the relevance in the area of ​​collective bargaining autonomy.

Particularly noteworthy is the fundamental decision of the Federal Constitutional Court, which was made in February 2025 and deals with central aspects of collective bargaining autonomy. Professor Eifert, the Senate's rapporteur, will also present the background, arguments and possible alternatives to this decision. The debate will particularly address the binding of third parties through agreements between employers and unions, which is of essential importance in current case law.

Current developments in labor law

The discussion surrounding fundamental rights is closely linked to the most recent constitutional complaints against rulings by the Federal Labor Court. These judgments have condemned employers to pay higher supplements for night shift work, which were considered incompatible under Article 3 Paragraph 1 of the Basic Law. Employers, in this case both sole proprietorships and collective bargaining employers' associations, now see themselves obliged to retroactively pay higher night shift surcharges.

The tariffs that are regulated in the employment contracts are intended to compensate for the employees' negotiation deficits. This raises the question of how the fundamental rights commitment of the parties to the collective agreement manifests itself and whether this is in accordance with the existing constitutional regulations. The decision made by the constitutional judges has meant that they must both refer to the principle of equal treatment and provide free space for changes.

Outlook for the discussion

The upcoming statements by Prof. Dr. Martin Eifert on May 5th will provide a valuable opportunity to discuss these complex issues. The lecture will not only deal with the current judgments, but will also highlight the scope of the collective bargaining parties and the importance of collective bargaining autonomy within the framework of the applicable legal norms. The event is expected to attract lively discussions, particularly in light of recent legal disputes.

For further information about the planned lecture, we refer to the official website of the University of Münster, which offers detailed information about the event and speakers. This also provides information about current developments in the area of ​​fundamental rights and collective bargaining autonomy Federal Constitutional Court, which has played a central role in the legal classification of this issue in recent months.