Die Einwirkungspflicht zur Durchsetzung der indirekt-schuldrechtlichen Bestimmungen des

If a collective labor agreement indirectly includes contractual obligations, it means that one party to the individual employment contract is obligated without the other party being entitled. Consequently, enforcement is the responsibility of the associations, which must compel the errant member to comply in accordance with Article 357a, Paragraph 1 of the Swiss Code of Obligations (OR). Under current law, the affected party of the individual employment contract has no means to enforce compliance on their own. This reveals a protection gap that should be rejected in light of the "presumptive existential dependence of the employee on gainful employment."

To avoid this ineffective "roundabout" obligation to influence, alternative legal constructs are being discussed de lege ferenda. This particularly includes legal constructs originating from German law, such as the third-party damage liquidation and the contract with protective effect in favor of third parties. The dissertation concludes with a proposal for a design de lege ferenda.