Social dialogue collective bargaining The German experience Does

Social dialogue & collective bargaining The German experience

Does social dialogue make sense in journalism? • „We do believe there is a spiritual connection, an inner band of unity between the publisher and the editors working with him. Therefore an editor cannot be considered to be an employee. The idea of collective bargaining does not meet the situation in journalism“ (Federation of publishers, in the 1950 s) • „We want to make clear that newspapers rely heavily on freelances. They are the most valuable contributors, we need these journalists. But any kind of improvement of the collective agreement will end any acceptance of it at all. “ (Federation of newspaper publishers, in the 90 s) • „Freelances are entrepreneurs“ (German news agency)

The situation in Germany • Collective bargaining for journalists started in the 50 s • A law on collective bargaining for „freelances similar to employees“ was passed in the 70 s (12 a Tarifvertragsgesetz) • Collective bargaining resulted in collective contracts in public broadcasting • The collective contract in the newspaper sector was signed, but never applied

„Freelances similar to employees“ (Arbeitnehmerähnliche Personen) • A person who earns 50% at one employer • Or if this person is an artist or journalist, 30% • Will be considered „similar to employees“ even if this person has a freelance contract • Collective bargaining is legal for these persons (§ 12 a Tarifvertragsgesetz)

Starting social dialogue / collective bargaining • While the law is applicable to all media sectors, it is only the public broadcasting where collective bargaining and collective contracts exist • Public broadcasting has to accept union acitivity and action • Yet, bargaining is difficult in public broadcasting, because freelances fear for their jobs • Private companies avoid at all costs any form of collective contract for freelances • Freelances often will not be willing to strike in private media

Contents in collective contracts (12 a) • Fees for text, photography, video, audio etc. • Shift payment (salary) • Authors rights • Sick pay • Maternity pay • Holiday pay • Termination payment

Problems in collective contracts (12 a) • Persons will accept a freelance contract now because it has basic social features (rather than insist on an employment), this means employers will turn employee positions into freelance work • As freelances are not considered to be employees, any labour law improvement will have no effect on this group • It is impossible to negotiate a collective contract which would cover the wide are of labour law • Freelances still fear sanctions from their employers, consequently they are not willing to strike • The work council has no or limited competence in freelance matters • No major structural improvement in freelance contracts in the last years

The right of fair fee for authors‘ rights • New law (2002) • Any freelance has the right to an adequate payment for authors´ rights • Freelancers´ unions may negotiate a collective contract which defines what is adequate • In the newspaper sector, a contract was finally signed in 2012/2013, but in most newspaper, it never became reality • In the magazine sector, negotiations still go on with no end in sight

Is there any bright future for „ 12 a“ or „adequate payment“? • Changes in authors´rights might force publishers to negotiate faster than now • The right of the journalists´asociation to sue publishers who do not respect the agreement might have some effect • 12 a is a powerless tool for unions • Think of the French way – any person working in the media is considered to be an employee