Legal foundations and structure of the German Trade Union Confederation (DGB)
The German Trade Union Confederation (DGB) is the largest umbrella organization of individual trade unions in Germany. Its main tasks consist of protecting and promoting the interests of employees vis-à-vis employers’ associations, governments, and institutions at the national and international levels. The DGB is of central importance, especially from the perspectives of labor and collective rights, and fulfills numerous functions within the social and legal structure of the Federal Republic of Germany.
1. Legal form and articles of the DGB
The DGB is a registered association (e.V.) within the meaning of §§ 21 et seq. of the German Civil Code (BGB). It acquires legal capacity through registration in the register of associations. The legal basis of its organization, powers, and decision-making procedures is set out in the DGB’s statutes.
1.1. Legal status under association law
As a registered association, the DGB holds its own rights and obligations. The DGB’s member unions are independently organized, autonomous associations that, according to their respective statutes, belong to the DGB. Pursuant to § 54 BGB, non-commercial associations, including the DGB, acquire legal capacity by registration with the register of associations.
1.2. Statutes and internal regulations
The DGB’s statutes contain provisions on its purpose, tasks, membership, organizational bodies, decision-making mechanisms, and financial matters. The DGB’s governing bodies, including the Federal Executive Board, Federal Congress, and regional boards, operate on the basis of the rules of procedure established by the statutes. Essential resolutions, strategies, and the exercise of external representative powers are legally safeguarded in these regulations.
2. Legal functions and responsibilities of the DGB
2.1. Autonomy in collective bargaining and negotiations
The DGB itself does not conclude collective agreements. Collective bargaining is conducted by the individual member unions in accordance with § 2 of the Collective Agreements Act (TVG). The DGB coordinates and supports the fundamental strategy of collective bargaining, but is not legally a party to collective agreements.
2.2. Representation in labor law
At the federal level, the DGB represents the interests of its members in dealings with political bodies, particularly during legislative procedures, public hearings, or commissions. In bodies such as the Federal Labor Court (BAG) and in various social partnership committees, the DGB has voting rights. In this context, it provides collective representation of employee interests.
2.3. Participation in social law
In the area of social insurance carriers and social courts, the DGB is legally involved through statements, participation in self-governing bodies, and advisory activities. In particular, the DGB is a key player in the participatory process when drafting and revising social law regulations.
3. Membership and governing bodies
3.1. Membership
According to the statutes, only individual trade unions organized nationwide can become members of the DGB. The direct admission of individuals is excluded by the statutes. Membership entails mutual support and coordinated action on fundamental union issues.
3.2. Bodies and their legal competences
- Federal Congress: Highest body, makes fundamental decisions, and elects the Federal Executive Board
- Federal Executive Board: Executive body, represents the DGB in and out of court
- Regional and district boards: Responsible for the regional implementation of DGB policies
All governing bodies are subject to the provisions of the DGB’s statutes, as well as supplementary regulations and guidelines.
4. Collective labor law and status as an apex organization
4.1. Position within the collective bargaining system
As an apex organization of German trade unions, the DGB holds significant importance in the legal framework of collective agreements. It coordinates cross-union actions and works closely with other employee representative bodies to safeguard the interests of its member unions.
4.2. Co-determination and social partnership
Through its member unions, the DGB plays a major role in implementing workplace and corporate co-determination. In supervisory boards and company bodies, for example under the Works Constitution Act (BetrVG) and the Co-Determination Act (MitbestG), DGB members are represented.
5. Public participation and political influence
5.1. Legislative procedures
The DGB is regularly involved in legislative procedures, for example, in consultative hearings in the Bundestag or the Federal Ministry of Labour and Social Affairs. Its statements are of considerable relevance and serve to design the legal framework for labor and social law.
5.2. European and international cooperation
In the context of international organizations such as the European Trade Union Confederation (ETUC) or the International Labour Organization (ILO), the DGB plays a bridging function between national, European, and international labor law.
6. Financing and economic activity
6.1. Contributions and budget management
The DGB is primarily financed by contributions from its member unions. Budget management is regulated by the statutes and is subject to accountability to the DGB’s governing bodies.
6.2. Taxation aspects
For tax purposes, the DGB is recognized as a non-profit organization as it pursues labor and social policy goals that serve the public good (§ 52 AO). The use of funds is thus limited to purposes set forth in the statutes.
Summary:
The German Trade Union Confederation, as a registered association, is the central umbrella organization for trade union representation in Germany. Its legal status, tasks, and competencies are determined by its statutes, association law, social and labor law, as well as its role as a key social policy organization. Through its structure and legal status, the DGB helps shape German labor and social law and is an integral part of the German collective bargaining and co-determination system.
Frequently Asked Questions
Which legal foundations govern the activities of the German Trade Union Confederation?
The activities of the German Trade Union Confederation (DGB) are primarily based, in legal terms, on the Basic Law (Art. 9 para. 3 GG), which grants the right to freedom of association. This right protects both the establishment and the activities of trade unions, ensuring that the DGB, as an umbrella organization, is fully legally protected. In addition, the internal structure of the DGB is governed by the provisions of association law (§§ 21 et seq. BGB) as well as the DGB’s own statutes, which regulate its duties, objectives, membership, and representative bodies. Thus, the DGB is a legally capable association and is subject to civil obligations such as proper bookkeeping and the duty to hold members’ meetings. Special legal provisions also apply, arising from the Works Constitution Act (BetrVG), the Collective Agreements Act (TVG), and the Co-Determination Act (MitbestG), which specify the scope of action for unions and their umbrella organizations. European legal norms, such as the EU Charter of Fundamental Rights, also influence the work of the DGB.
How are collective bargaining negotiations legally influenced by the German Trade Union Confederation?
The German Trade Union Confederation itself does not, as an umbrella organization, conclude its own collective agreements, since this function under the Collective Agreements Act (TVG) belongs to the DGB’s individual member unions. Legally, the DGB is, however, authorized to act in a coordinating and supportive capacity—for example, by setting out framework conditions or overseeing core collective bargaining principles. In particular cases, the DGB can provide its members with legal and logistical support during the initiation and implementation of industrial action (e.g. strikes, lockouts), but always remains within the scope of the right to freedom of association under Art. 9 para. 3 GG and industrial action law. Decisive guidelines regarding collective bargaining capability and responsibility are determined by the articles of the individual unions, to which the DGB is subordinate in legal terms.
What legal options does the DGB have for political influence?
Legally, the DGB as an association has the constitutionally protected right to political activity. It participates in the formation of political will through statements, hearings, petitions, and public campaigns. The legal limits of such influence are defined in the Political Parties Act (PartG), the Basic Law (especially Art. 21 and Art. 9 GG), the General Equal Treatment Act (AGG), and other regulations. The DGB is obliged to maintain political neutrality if this is required by its statutes or by its member unions. The Lobby Register Act and disclosure requirements can regulate transparency in political representation of interests, so the DGB is also legally subject to these public control mechanisms.
What are the legal requirements for membership in the German Trade Union Confederation?
From a legal perspective, only individual trade unions—and not individuals—may become members of the DGB. This requirement is established in the DGB statutes, which themselves are aligned with association law (§ 58 no. 2 BGB). The membership of individual unions in the DGB is regulated through formal application and a subsequent decision on admission. Member unions must legally acknowledge the DGB statutes and the derived obligations and rights in order to be entitled to membership. The DGB can take legal action such as arbitration and disciplinary proceedings if the interest of the federation is violated.
What is the legal relationship of the DGB to its member unions?
The DGB is legally an umbrella organization and relates to its member unions in the manner of a federal association under association law and its sub-divisions. Member unions remain independent legal entities, even when they are affiliated with the DGB. The connection is primarily established through the statutes and the resulting duty to cooperate and coordinate, for example regarding common political objectives and upholding the principle of internal peace. Legally, the DGB may issue instructions, but these are limited by the statutes, since the autonomy of individual unions is protected by the constitutional right to freedom of association. Disputes are settled according to the statutory arbitration procedures or, in matters of fundamental legal importance, by state courts.
What legal obligations does the DGB have towards its members and the public?
The DGB is subject to legal obligations regarding transparency, proper management, and compliance with its statutes. This includes in particular the duty to convene the statutory bodies, to use member contributions for specified purposes, and to render accounts to the member unions and—within the framework of tax and civil law provisions—also to the public (§§ 26, 27 BGB). There are obligations to report to the register of associations, and tax obligations such as the remittance of payroll tax for employees. If the DGB receives grants, it is additionally required by relevant grant laws to use funds truthfully as intended.
How is the DGB’s power of representation externally regulated in law?
The DGB’s external power of representation is governed by the corresponding statutory provision in accordance with § 26 BGB, whereby usually the board (or designated persons in management) represents the association in and out of court. The power of representation is noted in the register of associations and includes the authority to make declarations, sign contracts, and represent the association in legal matters. Any exceptions or restrictions, such as for particularly significant transactions, are governed by the statutes and are only binding on third parties if recorded in the register of associations. The external power of representation is subject to the general provisions of the BGB and the statutes and is geared towards safeguarding and representing the interests of the association.
