As of: March 29, 2024, 4:58 a.m
By: Carina Blumenroth
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A new job comes with a new employment contract - there are many clauses and rules in it. But what if there are competing clauses?
An employment contract regulates the rules of the game between employee and employer and serves as the basis for the employment relationship. Therefore, as an employee, you should read the contract carefully and negotiate five points in the employment contract. Not all rules and clauses are always immediately obvious to employees. Sometimes there is also a collective agreement or a works agreement that sets different rules. Which then applies to employees.
What is the favorability principle?
The favorability principle is a protection for employees. If there are two identical regulations, the better one applies to the employee. © Ezequiel Sambresqui/Imago
The so-called favorability principle in labor law stipulates that in the event of a conflict between applicable regulations, the most favorable regulation for the employee must always be applied, informs the
Institute for the Training of Works Councils
(
ifb
). This is anchored in various laws and collective agreements; the aim is to protect the rights and working conditions of employees.
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What does that mean specifically?
A regulation mentioned in the collective or employment agreement as well as a company agreement may not be worse for the employee than legal regulations. The former may contain better regulations for the benefit of the employee than are enshrined in higher-level law, informs the
Sage.com portal.
Conversely, this means that if worse conditions apply to employees in lower-ranking contracts, the law automatically applies. The favorability principle applies to individuals, groups and the entire workforce of a company or industry.
If there is a company agreement, this takes precedence over the employment contract.
If a company is bound to a collective agreement, these regulations are binding.
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How is the more favorable arrangement found?
A comparison is made to determine which regulation is cheaper. In this favorability comparison, both competing regulations are looked at in order to determine which regulation is more favorable for the employee. For example, one factor in the decision is the improvement in the long term. It is important that only rules that have a factual connection can be compared. If this is not the case and the regulations are associated with different considerations, a comparison cannot be made, the
ifb
informs .