CONFLICT BETWEEN COLLECTIVE AGREEMENTS
|CONFLICT BETWEEN COLLECTIVE AGREEMENTS
KOLLISION VON KOLLEKTIVVERTRÄGEN
The legal presumption in the Austrian system is that only one collective agreement can apply to any given employment relationship (principle of Tarifeinheit, i.e. exclusive applicability of collective agreements). If an employee works in more than one establishment and the latter establishments are covered by different collective agreements, the employment relationship concerned is governed by the agreement applicable to the establishment in which the employee is predominantly employed. An employer, on the other hand, may certainly be bound by several collective agreements (as a result, for example, of belonging to several Land-level sectoral subunits of the relevant Economic Chamber which have each concluded a separate agreement with the unions). If such an employer operates more than one establishment or an establishment with departments which are occupationally or organizationally separate, the agreement applicable to employees is the one which relates to the particular establishment (or separate department) in occupational and geographical terms. Where there is no organizational separation into departments, the agreement applicable is the one relating to the occupational area which is of major economic importance for the establishment.