Die Richtigkeitsgewähr des Tarifvertrags

»The Assumption of Inherent Warranted Correctness (Richtigkeitsgewähr) of Collective Labour Agreements«The assumption of inherent warranted correctness (Richtigkeitsgewähr) of collective labour agreements is regularly cited by the Federal Labour Court, especially to justify why a test of reasonableness of contents of collective labour agreements is prohibited. Though, it has been rarely questioned if this assumption which has originally been developed for individual contractual agreements can be transferred to collective labour agreements without any difficulty. This is an important question as collective labour agreements principally regulate the legal relationship of third parties, namely that of the parties to the employment. Those parties, however, only have limited influence on the bargaining process of collective labour agreements.