Informationspflichten zwischen den Tarifvertragsparteien

Information duties between social partners have been rarely touched in German jurisprudence. Only the Federal Labour Court created an “obligation to inform” about short-term resignations from an employers’ association. The present study fills this gap and examines if and when information duties exist between social partners.
To this end, the principles of general information duties under civil law are analysed and applied to the situation between social partners. This leads to multiple cases in which information duties between social partners can exist.
Additionally, the study examines the consequences of violations which show why information duties between social partners have been of no practical significance so far and why the Federal Labour Court invented a new sanction for its “obligation to inform”.
The study is complemented by a critical discussion of the jurisdiction regarding short-term resignations from an employers’ association.