Tarifvertrag und Verbandsmitgliedschaft in der Insolvenz des Arbeitgebers

German
The insolvency of an employer bound by a collective agreement raises numerous questions in various areas of law, primarily in insolvency and collective bargaining law, but also in labour contract and association law. None of these areas of law contains a comprehensive regulatory regime for the insolvency of an employer bound by a collective agreement. In this respect, the areas of law are not harmonised. This study examines the effects of the opening of insolvency proceedings on the employer's assets on collective agreements as well as the membership of the association - which establishes the collective bargaining commitment - and takes into account the interplay of the non-coordinated areas of law. After an introduction to the principles of insolvency and collective bargaining law, it is shown that the opening of insolvency proceedings does not in principle affect the collective bargaining capacity of the individual employer or the employers' association. Similarly, the opening of insolvency proceedings does not lead to the termination of the collective agreement or to the termination of membership in the employers' association. The focus of the work is therefore, on the one hand, the question of the conditions under which the collective agreement can be terminated or amended in the event of the employer's insolvency and, on the other hand, who can terminate membership of the employers' association and who can exercise membership rights if membership continues.

English
"Collective Bargaining Agreement and Employers' Association Membership in the Event of the Employer's Insolvency": The insolvency of an employer bound by collective bargaining agreements raises numerous issues in various legal areas, primarily insolvency and collective bargaining law, but also employment contract and association law. None of these areas of law contains a comprehensive regulatory regime for the insolvency of an employer bound by collective bargaining agreements. The thesis investigates the effects of the opening of insolvency proceedings on collective bargaining agreements as well as on the membership in an employer`s association.