Die Ordnungsfunktion des Tarifvertrags

The regulatory function of collective agreements ranks among the most multifaceted terms of collective agreement law. It is often used to justify the extension of the regulatory effect of the collective agreement beyond the membership sphere. But even after its statutory standardisation in the form of para. 1 AEntG [German Posted Members Act] and para. 4a sec. 1 TVG [Collective Bargaining Act], this function of collective agreements remains controversial and unclear with respect to its legal content.
Daniel Holler addresses the question as to this regulatory function of collective agreements. In his legal dogmatic investigation, he analyses, structures and classifies the function with respect to the existing private law system. He not only proves that the regulatory function of collective agreements is severely limited, but also establishes relationships to current problems in legal practice.