Collective agreements apply to many employment relationships – especially in the public sector and the construction industry. It is not uncommon for the question to arise: is my classification correct?
Does a collective agreement apply?
This must first be clarified. First of all, it is worth taking a look at the employment contract. It often regulates whether a collective agreement applies. If so, you will also find the wage or salary group to which you are assigned.
What are the chances?
In principle, the more concrete the collective agreement is formulated, the better the employee’s chance of successfully defending himself against an incorrect classification. Employees in professions with clearly defined tasks are regularly given preferential treatment. Teachers thus have a good chance of defending themselves against incorrect groupings. In the general administrative service of the public service, on the other hand, it is not easy. Many judges believe that the complaints that are not lost in the first instance fail in the second. But well-prepared proceedings are by no means without chance.
If a works council is formed, it has a say. However, only if the employer wants to change something in the employee’s classification that severely restricts the rights of the works council.
Legal protection Pay-scale grouping
The so-called “grouping declaratory actions” require a lot of experience. I will be happy to advise you! You can find out about the costs here.