2 edition of German works council act 1972. found in the catalog.
German works council act 1972.
Running title: Works council act 1972.
|Other titles||Works council act 1972.|
|Statement||Translation by Heinrich Beinhauer.|
|Contributions||Beinhauer, Heinrich, tr.|
|The Physical Object|
|Number of Pages||123|
|LC Control Number||72076552|
Compared to councils in most of the other West European countries, German works councils have acquired relatively extensive powers (see the contributions in Rogers and Streeck ). Their rights are defined in the Works Constitution Act (WCA), which was introduced in and amended in The Works Constitution Act provides for the mandatory establishment of a works council (which intervenes in the dismissal procedure) in enterprises with 5 or more employees (sec. 1 WCA). Lastly, enterprises with less than 20 employees are exempt from the requirements pertaining to collective dismissals (sec. 17 PADA).
Employers’ acceptance of works-council input also waned over the course of the s, and in the s many businesses supported the Nazi government’s moves to . An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act ; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act ; to make further provision with respect to magistrates’ courts committees; to abolish certain.
Introduction. Germany has a well-established regulatory framework for worker participation. Rules were set out as early as the s on how workers participate in management decisions - through board membership and works councils (see chapters and ). Contributed by Liliane Jung. Last update, April General legal framework. The German constitution was adopted on 23 May and is referred to as the Basic its amendment by the Unification Treaty of 31 August and the Federal Statute of 23 September , the Basic Law has become the Constitution of the unified West and East Germany (former Federal Republic of Germany and.
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Get this from a library. German works council act Effective Janu [Heinrich Beinhauer; Germany.]. In Germany, the Works Council Constitution Act governs the relationship between the employer and its employees. It grants employees a right of participation and co-determination in social, personnel and economic matters.
The works council constituted at the employees request. A works council or work council is a shop-floor organization representing workers that functions as a local/firm-level complement to trade unions but is independent of these at least in some countries.
Works councils exist with different names in a variety of related forms in a number of European countries, including Britain (joint consultative committee or employees’ council); Germany and. Codetermination in Germany is a concept that involves the right of workers to participate in management of the companies they work for.
Known as Mitbestimmung, the modern law on codetermination is found principally in the Mitbestimmungsgesetz of The law allows workers to elect representatives (usually trade union representatives) for almost half of the supervisory board of directors.
(2) The chairperson of the works council (or if he is unable to act, the vice-chairperson) shall represent the works council subject to the decisions adopted by the council. The chairperson of the works council (or, if he is unable to act, the vice-chairperson) shall have the right to receive statements to be submitted to the works council.
WIEDEMANN, H., Codetermination by workers in German enterprises. 28 American Journal of Comparative Law () WINKHAUS, N.H., Co-determination of employees in West Germany.
27 The Business Lawyer () WORKER PARTICIPATION ACT [Mitbestimmungsgesetz]. 5 Commercial Laws of Europe (). Works Council’s right to know about work accidents also extends to external staff Read More» Change in Work Constitution Act to Increase Employee Representation By Dr.
Astrid Schnabel LL.M. / 9 August 9 August / Collective Bargaining Agreement, Employee Participation, Legislation, Works Council.
A works council can be elected in Germany in operations normally having at least five PAGE 1 1. ESTABLISHMENT OF A WORKS COUNCIL. employees. Whether a works council should be elected in an operation is decided exclusively by the employees. Preventing a works council election in Germany is punishable under criminal law.
Part One General provisions: Section 1 Establishment of works councils: Section 2 Status of trade unions and employers’ associations: Section 3 Different arrangements: Section 4 Separate departments, very small establishments: Section 5 Employees: Section 6 (cancelled): Part Two Works council, works meeting, central works council and combine works council.
Collective Bargaining Act (TVG); Part-time Work and Fixed-term Employment Contracts Act (TzBfG), Continued Remuneration Act (EntgFG), Federal Leave Act (BUrlG), Working Hours Act (ArbZG), Temporary Employment Act (AÜG), Maternity Protection Act (MuSchG), Law on notification of conditions governing an employment relationship (NachwG), Act regarding protection at the workplace.
2 Act Reforming the Works Constitution Act (Betriebsverfassungs-Reformgesetz) of 07/23/, Federal Gazette, Part I, p. 3 Another example is section 31 WCA according to which the delegates of a trade union represented on the works council may be invited to attend work council meetings in an advisory capacity.
The Study of Works Councils: Concepts and Problems only. Structural separation of channels, however, does not preclude, and indeed may require, coordination between them. Organizationally, for example, works council election procedures typically favor union candidates, and especially candidates of large, "representative" unions.
We’ve been covering the developments at Volkswagen’s plant in Chattanooga, Tennessee, and the negotiations between VW and the United Auto Workers to establish a “German-style works council.” But what exactly is a German-style works council.
Professor Sachs already recommended reading Joel Rogers and Wolfgang Streeck’s excellent summary. Thomas Geoghegan. Germany - Germany - Government and society: The structure and authority of Germany’s government are derived from the country’s constitution, the Grundgesetz (Basic Law), which went into force onafter formal consent to the establishment of the Federal Republic (then known as West Germany) had been given by the military governments of the Western occupying powers (France, the.
The decision to have a works council is always voluntary. The applicable law (“Betriebsverfassungsgesetz”, the “Works Constitution Act”), however, does not state that a works council may be elected but rather sets out the number of employees above which a works council is elected.
The works council represents the interests of all. Then there are the works councils — the groups that will come together this week in Bonn and whose legal basis is established by the German Works Council Constitution Act. Works councils are. Germany’s first uniform national waste disposal act, the Abfallbeseitigungsgesetz (AbfG), was adopted in The Waste Management Act (KrWG), which is today Germany’s main waste disposal statute (and the successor to the KrW-/AbfG act), incorporates the main structural elements of the Kreislaufwirtschafts- und Abfallgesetz (KrW-/AbfG).
German case law has so far accepted this right of the works council, e.g. when introducing trust-based working time or flexitime.
Likewise, there is no case law to date on the question of whether the works council has a right of co-determination concerning the documentation of working time pursuant to § 87 (1) No. 7 BetrVG, within the. In practice, works councils are set up especially in medium size and big enterprises, and much more rarely in small enterprises: In Germany, works councils are organized in per cent of establishments employing more than 1, workers, but only in % of establishments employing from 5.
Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using The existing law is enshrined in the Works Constitution Act of (Betriebsverfassungsgesetz) and applies to private enterprises with.
The German Works Council Constitution Act There is a lot to know about the German Works Council Constitution Act. It is often confused with the role of trade unions but the BetrVG makes provision for specific obligations and roles on the part of the employer, Works Council and trade unions.Search the world's most comprehensive index of full-text books.
My library.significant discussion and debate in Germany. The Waste Management Act ofas amended indid not provide a clear distinction. The Packaging Ordinance, which is based on Article 14 of the Act, went beyond the Act by requiring reuse or material-related recycling for used packaging materials.