THE RIGHT TO FREEDOM OF ASSOCIATION IN TRADE UNION IN THE LEGISLATION OF GERMANY

Abstract

Abstract. The article explores the right to freedom of association in trade unions under the legislation of the Federal Republic of Germany (FRG), with a focus on the current state of ensuring the rights and freedoms of workers, and highlights the role of trade unions in representing workers’ interests. It emphasizes that Article 9 of the Basic Law of the FRG guarantees freedom of association. No one can be deprived of the right to join a trade union. At the same time, trade union membership is voluntary, and no one can be forced to join such an organization. The article notes that the central task of trade unions is collective bargaining. It highlights that the largest and most influential trade union organization in Germany is the German Confederation of Trade Unions (DGB). Trade unions have the right to be established as representative bodies for employees where none previously existed. Trade unions also have the right to initiate the election of works councils. It is emphasized that collective agreements are always binding for members of the respective trade union. It is stated that collective agreements have legal force if they comply with statutory minimum standards. These agreements are usually concluded at the sectoral level by the appropriate trade union and employers’ association and cover one sector at the regional or national level. The principle of proportionality limits the right to strike and lockout for trade unions, especially in essential services such as healthcare and postal services. The article lists instances where a collective agreement applies to employment contracts. The conclusion is drawn that German legislation regulating the organization and activities of trade unions incorporates modern international standards for the protection of workers’ rights, promoting effective representation of their interests. It is argued that the Ukrainian legislator could benefit from the positive experience of the FRG in improving national legislation regarding the right to freedom of association in trade unions. Enhancing national legislation would contribute to the democratic development of Ukraine and align with modern trends in human rights protection.