Definition and Legal Classification of the German Salaried Employees’ Union
Die German Salaried Employees’ Union (abbreviated: DAG) was a major association of employees in Germany, serving as a representative body primarily for salaried staff. The organization played a key role in the German trade union landscape of the 20th century and was instrumental in shaping collective labor law, particularly in the area of salaried employees. With the merger into the United Services Trade Union (ver.di) in 2001, the independent legal existence of the DAG ended; however, the historical and legal significance of the association continues.
Historical Development
The DAG was founded in 1949 to represent the specific interests of salaried employees, which differed from those of blue-collar workers. The focus was particularly on working conditions in the non-technical and non-production sectors. With the merger of the DAG with other unions to form ver.di in 2001, the independent existence of the DAG ended. The legal and organizational foundations as well as union assets were transferred to the new organization.
Legal Foundations
Concept of Trade Unions and Labor Law
Trade unions such as the DAG held the constitutional right to freedom of association under Article 9(3) of the Basic Law (GG) in Germany. They had the right to independently safeguard and promote labor and economic conditions, in particular through the conclusion of collective agreements and the representation of collective interests of salaried employees.
DAG Constitution and Organs
As a registered association (e.V.), the DAG had its own constitution, adopted by the general assembly, which governed its structure, tasks, membership rights and obligations, organs, and procedures for decision-making and implementation. Key governing bodies included the Presidium, the Federal Executive Committee, the Main Board, and the National Congress.
Collective Bargaining Autonomy and Collective Agreement Law
Collective bargaining autonomy included the right to conduct collective negotiations with employers’ associations and conclude collective agreements. The legal basis for this was the Collective Agreement Act (TVG). The DAG represented salaried employees as a distinct group in dealings with employers. By joining the DAG, employees were bound by collective agreements, provided their employment relationships were covered by the relevant collective agreement.
Industrial Action and the Right to Strike
As a union, the DAG could undertake industrial action measures, such as strikes or warning strikes, to press for collective demands within the context of collective bargaining disputes. German labor dispute law permitted only union-organized strikes in support of legitimate collective bargaining objectives.
De Facto Legal Significance and Impact
Legal Status as an Association
The DAG was a legally capable association within the meaning of German labor law. As such, it had the right to conclude collective agreements, participate in conciliation proceedings, and enforce the collective rights of salaried employees against employers’ associations and companies.
Members’ Rights and Obligations
Members of the DAG were required to pay dues and, in return, received support in professional life, for example, in legal disputes with employers or during industrial actions. Membership rights included co-determination rights in assemblies, voting rights for union bodies, and the entitlement to union services.
Dissolution and Legal Succession
The dissolution of the DAG occurred in the course of its historic merger with other unions to form ver.di. Legally, assets were transferred and memberships moved to the new organization. Ver.di assumed a number of collective agreements and continued union activities in the salaried employees’ sector.
Continuation of Existing Collective Agreements
The collective agreements in force at the time of the dissolution of the DAG basically remained valid until they were either replaced by new agreements or terminated. The legal succession of DAG within ver.di was of crucial importance for continued collective bargaining coverage and the effectiveness of existing agreements.
Distinction from Other Trade Unions
In contrast to industrial unions, the DAG was not organized by industry but by employment status, meaning it organized salaried employees from various sectors under the shared characteristic of salaried-employee status. The specific advocacy for salaried workers’ interests—such as remuneration, working hours, and social benefits—set the DAG apart within the German trade union landscape.
Legal Assessment
The DAG constitutes an important element of German collective labor law and to this day shapes the understanding of union activities, membership rights, collective bargaining autonomy, and industrial action rights in the area of salaried employment. The legal regulations regarding founding, organization, decision-making, and legal succession of the DAG were and are based in association law, collective agreement law, and the Basic Law.
References
- Collective Agreement Act (TVG)
- Basic Law for the Federal Republic of Germany (GG)
- Federal Labor Court (Rulings on Collective Bargaining Authority)
- ver.di: History of the Trade Unions
Note: This article offers a comprehensive and factually correct presentation of the term German Salaried Employees’ Union and covers all essential legal aspects relating to this former German trade union organization.
Frequently Asked Questions
What rights do members of the German Salaried Employees’ Union have under German law?
Members of the German Salaried Employees’ Union (DAG) enjoy various rights granted by law. According to the Basic Law (Art. 9 para. 3 GG), they have the freedom of association, which means they may form and join unions to safeguard and promote their employment and economic conditions. Members have a say in key union matters within the framework of the constitution, such as electing board members and determining the mandate for collective bargaining. During collective bargaining negotiations or industrial action, they benefit from special protection against dismissal (§ 15 KSchG, § 134 InsO regarding dismissals due to operational reasons during strikes) and may participate in lawful strikes without fearing employment law disadvantages. Furthermore, in the event of individual employment law disputes, they receive legal advice and, as a rule, legal protection from the union (§ 3 ArbGG: right of representation). These rights are always tied to membership in compliance with the constitution and can be limited or revoked in the event of conduct in breach of the constitution.
Under what legal requirements can the German Salaried Employees’ Union negotiate and conclude collective agreements?
The German Salaried Employees’ Union is a party with collective bargaining capacity under § 2 of the Collective Agreement Act (TVG), provided it possesses sufficient social power, i.e., has a sufficient number of members covering the area regulated by the collective agreement. It must be able to negotiate collective agreements independently and, if necessary, conduct industrial action. A concluded collective agreement takes normative effect under § 4 TVG between the collective bargaining parties and their members—including employment relationships, provided they fall within the scope of the agreement. The union must be duly represented on a legal-structural basis, in particular as per its own statutes. Case law requires that unions act on behalf of employees’ interests and demonstrate organizational effectiveness.
To what extent is the German Salaried Employees’ Union entitled to call for strikes and what statutory provisions apply to this process?
The authority to call a strike primarily derives from the fundamental right to freedom of association (Art. 9 para. 3 GG) and is clarified by the Federal Labor Court. The right to strike exists only to enforce collective bargaining objectives, as it is realized solely within the context of collective bargaining. A strike call is lawful only if DAG has collective bargaining capacity and the strike is proportionate and resolved by the relevant statutory union bodies. In addition, the failure of negotiations must first be documented through a so-called ‘declared negotiating deadlock.’ Industrial action may only be conducted by bargaining parties and must be proportionate and appropriate, meaning that the industrial action is reasonable in relation to the demand being pursued.
What legal protection mechanisms exist for officials and members of the German Salaried Employees’ Union during their union activities?
The Works Constitution Act (§§ 15, 103 BetrVG) provides special protection against dismissal for union-active employees (works council and staff council members, electoral boards). Ordinary members are also protected during lawful industrial action from disadvantageous measures by the employer. Any disadvantage due to union membership or activity is prohibited under § 612a BGB. Disciplinary and contractual actions that specifically refer to union membership or activity are legally contestable. This protection also extends to anti-discrimination law (§§ 1, 7 para. 1 AGG).
To what extent are collective agreements of the German Salaried Employees’ Union generally binding, and what is the legal basis for this?
Collective agreements of the German Salaried Employees’ Union are generally binding only on its members and the corresponding employer parties (§ 3 TVG). However, a declaration of general binding effect may be issued by the Federal Ministry of Labor and Social Affairs pursuant to § 5 TVG if there is a public interest and the agreement has above-average coverage. After the general binding declaration, the collective provisions apply to all relevant employment relationships within the respective scope, regardless of union or employer association membership. The legal basis for this extension is the relevant administrative act, against which an objection and possibly a legal action may be filed.
Under what conditions can membership in the German Salaried Employees’ Union be legally terminated, and what protection exists in this regard?
Termination of membership is primarily regulated by DAG’s constitution and usually occurs through voluntary resignation, death, or expulsion following procedures prescribed by the constitution. Legally, it is important that expulsion of a member is only permissible for significant reasons and while observing the right to a fair hearing as guaranteed by Article 103 GG. Actions taken against members are subject to judicial review (cf. § 73 BGB applied analogously to associations). In the case of voluntary resignation, there are no further legal obligations, although the notice periods specified in the constitution and any liability for outstanding contributions must be observed. Arbitrary or discriminatory expulsion would be legally contestable.
