Kooperation zwischen Betriebsrat und Management / Cooperation between Works Council and Management Die Sicht beider Seiten und deren Folgen / The View from Both Sides and its Consequences

Author(s):  
Alexander Dilger
Keyword(s):  
Author(s):  
Martin Franz ◽  
Sebastian Henn

Often, investments from emerging economies in firms in industrialized countries evoke concerns among the employees in the targeted firms. Many of them are afraid of losing their jobs, or fear that the new owners could undermine existing social standards. Up to now, little is known about how such investments affect industrial relations in targeted countries. Using the example of investments from the BRIC-countries (Brazil, Russia, India and China) in German firms, this paper analyses whether employees’ fears are well founded. To this end, four different factors are considered. These include: (1) the situation of the target firms in the run-up to an acquisition and the employees’ reactions to the takeover, (2) the investors’ knowledge of the current system of industrial relations, (3) the day-to day interactions with the new owners, and (4) the patterns of communication between works council representatives and the new owners. The empirical part of the article is based on an analysis of quantitative data as well as the application of problem-centered interviews with members of work councils, trade union representatives as well as managers.


1929 ◽  
Vol 34 (2) ◽  
pp. 346
Author(s):  
John R. Commons ◽  
C. W. Guillebraud

2021 ◽  
Author(s):  
Lenas Tilman Götz

The work takes a comprehensive look at the possible liability in the event of data protection violations by the works council or by individual works council members. The question is of considerable importance in practice because works councils have to deal with numerous data in their daily work. In addition, a personal liability of works council members is possible - even in spite of the alleged clarification in the context of § 79a sentence 2 BetrVG. After a fundamental discussion of the question of whether the works council can be the responsible party within the meaning of Article 4 No. 7 of the GDPR, the work deals with the admissibility of Section 79a sentence 2 of the BetrVG under EU law. The author comes to the conclusion that § 79a S. 2 BetrVG is not compatible with the requirements of EU law and may not be applied due to this illegality of EU law. Existing case law is also comprehensively evaluated in the process.Subsequently, all liability facts of the German Civil Code (BGB) as well as of the GDPR are illuminated. Finally, possible liability risks for employers are discussed. Due to numerous practical examples, the work is ideally suited for practitioners.


1999 ◽  
Vol 5 (3) ◽  
pp. 278-301 ◽  
Author(s):  
Wolfgang Lecher

There typical EWC development paths can he singled out. To a certain extent these paths already exist. They can also he described as development stages of individual EWCs: the EWC with an exclusively national frame of reference: the EWC which is taking on an international quality, but focusses on the industrial relations within the parent company's country: the EWC deliberately working to develop a supranational collective identity with a European underpinning amongst members tending towards equality. Four dimensions can be analytically distinguished in this regard: time, money, information and power. The better the EWC can equip itself in terms of these four “claims”, the greater is the chance of developing a European identity and ability to act effectively. Naturally, the reverse is also true. The four claims are here differentiated in relation to EWCs, based on empirical knowledge mainly derived from two projects in which the author was or is a participant. As examples, the cases of Hoechst (chemical industry), Schmalbach-Lubeca (metalworking industry), AXA/UAP (insurance) and Kredietbank (baiting) are succinctly described. The evaluation looks selectively at a few other relevant empirical project results without detailed substantiation. The results are generalised in terms of a “good EWC practice”. The final part deals with the main subjects of the forthcoming revision of the EWC Directive, which focuses on improvement of the four main claims of EWCs' resource situation.


Author(s):  
Henar Álvarez Cuesta

La Directiva 94/45/CE del Consejo, de 22 de septiembre, traspuesta por la Ley 10/1997, de 24 de abril, trata de mejorar los derechos de información y consulta de los representantes a nivel de empresa o grupo de empresas de dimensión comunitaria y garantizar el acceso de los representantes de los trabajadores a los verdaderos centros de decisión. Los empresarios y trabajadores afectados tienen la facultad, previa una fase de negociación de constituir un organismo específico de representación (comité de empresa europeo) o fijar como mecanismo alternativo el ejercicio de los derechos de información y consulta fuera del citado comité.<br /><br />The Directive 94/45/CE, 22 of September, transposed by Ley 10/1997, 24 of April, looks for increase the rights of information and participation of the workers. The companies and the employees can establish, first, they have to negotiation, a European Works Council or a procedure for informing and consulting employees in every Community-scale undertaking and every Community-scale group of undertakings, following agreement between the central management and a special negotiating body.


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