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EXCLUSION CLAUSE

GERMANY
AUSSCHLUSSKLAUSEL
EXCLUSION CLAUSE

Exclusion clauses in collective agreements prohibit the employer from granting certain collectively agreed privileges to non-union members .

The exclusion clause is a form of differential treatment clause and is therefore, like the latter, held by the Federal Labour Court to be unlawful. The question of whether a provision in a collective agreement is to be deemed an exclusion clause is determined by interpretation .



Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.

Page last updated: 14 August, 2009