Transcript Belegschaftsvertretungen in Europa

Information and Consultation
Rights within the Industrial
Relations in Germany
Dr Werner Altmeyer & Bernhard Stelzl
(with support of Ralf-Peter Hayen, DGB-Germany)
Roma, 3rd July 2007
Research Questions
The main question can be split up in two
major components.
1. The state of transposition of the Directive
2002/14 in Germany,
2. The state of information
and consultation rights of
workers and their
representatives in
Germany
Steps to Answer

Background: Industrial Relations in Germany

Actors and System

Recent Developments and Framework


Instruments for Information and Consultation
at company level
Conclusion and Prospects
Background: Actors and System of
German Industrial Relations
• The union density is about 25 % with around 8
million workers unionized
• The major trade union confederation is the DGB
which has 6 affiliated unions (6,6 Millions affiliated).
• The largest unions are Ver.di (public and private
sector workers), IG Metall (Metalworkers Union), and
IG BCE (chemical industry focussed)
• Sharp divide between East and West Germany and
big corporations and SME!
• Last years development concerning industrial action
is in transition
Dualistic System of Representation
employee representation is organised around two
bodies:
one being a trade union body and the other one
being elected.
These bodies make up the two poles of employee
representation, the trade union negotiates within
regions and branches, whereas the elected
representative body is informed and consulted at
company level.
Elected representatives are employees
(unionised or not unionised)
Belegschaftsvertretung - Workplace
representation
Gewerkschaften
Trade unions
Betriebsrat
Works council
Betriebsrat + Gewerkschaften
Works council + trade unions
Co-Determination or collective bargaining?
works council
co-determination
works agreement
trade union
free collective bargaining
collective agreement
negotiations → agreement
legally binding?
If negotiations fail:
peace obligation?
Trade unions in Germany
• collective bargaining is still a monopol of the
unions
• Only unions do have the right for industrial
action
• Almost every employee benefits from
collective bargaining agreements regardless
of union affiliation
• Usually a union representative is a member
of the supervisory board of the enterprise
State of transposition – or why not?
• Germany No amendment to national law
• BECAUSE
• 5 employees are sufficient to found –
Betriebsrat / Works Council – Works
Constitution Act 1952
• In Germany, §§ 80 Abs. 2, 90 Abs. 2 Satz 1, 106
Abs. 2, 111 Abs. 1 BetrVG foresee that the
information should take place at due time and
in a comprehensive manner
• In the year 2001 reform took place, to reach
more SME.
Recent Developments
• Industrial action because of
restructuring is allowed (Federal
Labour Court 2007)
• Opting out increases – Companies are
leaving Employers Associations to
escape collective agreements and
single works councils undermine
collective agreements:
• Concession bargaining grows
Information and consultation
rights at Company Level
• There are two distinct levels of codetermination:
• at establishment level via the works
council and at enterprise level on the
supervisory board of companies.
• We focus on works councils
Works councils rights and subjects
• As soon as a company has five or more employees,
the employees have the right to found a works
council.
• The works council must be informed about personnel
planning (hiring and firing), technical and
organizational changes. In these areas, the works
council also has consultation rights.
• In some cases the works council even has the right to
object to certain actions (eg personnel disputes)
• The main fields of responsibility are work time (length,
time of day, breaks, vacation etc.), and work
environment.
Workers Participation



Works councils at factory, national and European
level, have boosted considerably the workers’
participation in Germany and the European Union.
workers’ participation guarantees access to crucial
information for the collective bargaining process as
well as the possibility for company focussed
negotiations and actions.
Works Councils do have almost no access to small
companies – less than ten employees, the reform of
Works Constitution Act couldn’t improve this situation.
Summary
• Power of trade unions and works councils in
Germany is higher than in many EU-Countries
• EU-Directive 2002/14 was not transposed,
because of existing legal framework
• due to political issues and restructuring, unions
and works councils are facing difficulties
• Part of Employers tries to divide Works Councils
and Unions
• Future of Works Councils as Negotiator remains
open, because they are lacking the right to strike
Building Bridges:
The influence of the EU on industrial relations –
a brief outlook
EU Directive might
be an impulse to
enlarge works
council rights and
workers position
during restructuring
 German law meets
EU-Standards – real
situation is different

To be continued...
Thank you!