Codetermination in Germany is a concept that involves the right of workers to participate in the management of the company in which they work. Known as Mitbestimmung , modern codetermination laws were found primarily in Mitbestimmungsgesetz in 1976. The law allows workers to choose representatives (usually union representatives) for almost half of the council supervisor of the board of directors. This law is separate from the laws of the main law firm for public companies, Aktiengesetz . This applies to both public and private companies, as long as there are more than 2,000 employees. For companies with 500-2,000 employees, one-third of the supervisory board should be selected.
There are also laws in Germany, known as Betriebsverfassungsgesetz , where workers are entitled to form a Working Council at the local shop floor level.
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Different views on the purpose of codetermination in general. Some social reformers argue that workers are not only part of the factory, but citizens with equal rights. The Prussian state aims for a peaceful policy between capital and labor, and the workers' committee is one way to involve and bind workers into the system, and avoid conflict. In return, the unions restore the goals of forming a socialist state.
Codetermination aims primarily to vote to workers in company decisions. This means problems with business organizations, working conditions and management of personal and economic decisions that affect the future of the company and work. Therefore, the worker chooses the representatives of the Working board and the board members to represent them.
Interests of workers
Assuming that the primary goal of the entrepreneur is to maximize profit in the interest of shareholders, codetermination can reorient the company's goals for the benefit of the worker. Better balance can be struck so that the interests of the company do not become one side. For unions, codetermination is part of economic democratization. It is also a way for workers to improve their contract terms and conditions in a regular and orderly manner.
Interests of entrepreneurs
Many economic discussions mention the thesis that employers also have an interest in pricing. This can be an instrument for improving company productivity over the long term. Some economists have denied this on the basis that losses in efficiency in production outweigh gains in productivity.
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Type of codetermination
Three different forms of codetermination are distinguished,
- Codetermination at work
According to Betriebsverfassungsgesetz (BetrVG, Industrial Relations Law), workers have a claim to codify their own position of work. He should be informed of his positions and responsibilities, and work procedures (see also, Arbeitsschutzgesetz ). He has the right to make suggestions and to check certain company documents.
- Opereter codetermination
Operational codetermination ( Betriebliche Mitbestimmung ) concerns business organizations, job arrangements, personal planning, guidelines for recruitment, social services, time registration and performance appraisal. This is found in Betriebsverfassungsgesetz (BetrVG, Industrial Relations Law).
The
Corporate corporations ( Unternehmensmitbestimmung ) involve private limited companies (GmbH) and the public (AktG). The Drittelbeteiligungsgesetz provides a third of the supervisory board to be selected by workers in companies with more than 500 employees. For companies with more than 2000 employees, Mitbestimmungsgesetz requires half of the supervisory board ( Aufsichtsrat ) to represent workers (depending on the chairman of the board appointed as shareholder). In the coal, mining and steel industries, Montan-Mitbestimmungsgesetz enables complete parity between workers and shareholders for companies with more than 1000 workers.
In December 2005 there were 729 companies with a supervisory board governed by Mitbestimmungsgesetz and about 30 under Montanmitbestimmungsgesetz .
Historical development
- 1848 The Frankfurt Parliament processes minority proposals for industrial organizations that include limits to corporate strength by setting up a work council.
- 1850 The first committee of workers was established in four printers in Eilenburg, Saxony.
- 1891 After the removal of the working committee of Sozialistengesetz can be established freely. However, this only happens when there is an active union.
- 1905 In reaction to a strike at the Ruhr coal mine, Prussian Berggesetz introduced a work committee in a mining company with more than 100 workers.
- 1916 The Service Act (1916) ( Gesetz des VaterlÃÆ'¤ndischen Hilfsdiensts ) creates a work committee for all companies producing for war effort with more than 50 workers. These committees have the right to be consulted in social affairs.
- 1920 The
- 1934 After the Nazis seized power, the working council was abolished and the union was broken up.
- 1946/47 Allied Control Council, through Kontrollratsgesetz No. 22 , allowing the council to work as in the Weimar Republic.
- 1951 The Montan-Mitbestimmungsgesetz (Coal Mining, Steel and Mining Laws) requires codetermination in business with over 1,000 employees through representatives of workers who make up half of the supervisory board.
- 1952 The Betriebsverfassungsgesetz mandates the participation of workers at store floor level through the work council.
- 1955 The Bundespersonalvertretungsgesetz allows codetermination between members of the civil service in the Federation and the German states.
- 1972 The Betriebsverfassungsgesetz has been updated and reissued.
- 1976 The Mitbestimmungsgesetz requires codetermination in all companies with more than 2,000 employees.
Code determination
Coal and Steel Price Establishment Act of 1951
After the threat of a massive strike by the union, the Act on Employee Participation in the Council and the Mining Council and the Board of Iron and Steel Industries dated May 21, 1951 was passed on 7 June 1951. It provided the same representation on supervisory board of directors for workers and employers.
On the part of workers, representatives will name "further members" who act explicitly for the benefit of the community. The aim is that before the World War, these companies were seen openly supporting the Nazis financially. To prevent a dead end on the board, a neutral member will be appointed, which must be approved by the parties. On the management board, one member must be an unappropriable Director-Staff ( Arbeitsdirecktor ) against the voices of the labor directors on the supervisory board.
The Company seeks to avoid the effects of the law once it is legalized. The Mannesmann steel company listed another holding company outside the steel industry, which was intended to avoid the law. In response, the MitbestimmungsergÃÆ'¤nzungsgesetz (Codetermination Supplementary Act), known as "Lex Mannesmann") was passed to prevent the practice.
Works Councils Act of 1952
Passed on October 11, 1952, this law introduced a third-choice director of the supervisory board by workers (Ã,§Ã,§ 76 ff. BetrVG). Exceptions are made for family companies. For any two shareholder members, the working council may send a third worker representative. They may also participate in the supervisory board committee.
Works Councils Act of 1972
On January 15, 1972, the updated 1952 Act gave more power to participate in the personal and social affairs of company employees. The rights of individual workers are strengthened in relation to trade unions.
Act Codetermination of 1976
Third Participation Act 2004
On 18 May 2004 the Third Participation Act was replaced, and made minor change ment to the Constitutional Work Act .
European Law
See also
- German company law
- German labor law
- US corporate law
- British corporate law
Note
References
- Sarah Bormann, Attack on participation. company strategy against BetriebsrÃÆ'¤te - Schlecker case (Sigma, Berlin 2007) ISBNÃ, 978-3-8360-8685-1
- Federal Ministry of Labor and Social (ed.): Participation - Good Company . (Full text)
- Jens GÃÆ'¤bert and Brigitte Maschmann-Schulz, participation in health 2008 ISBNÃ, 978-3-7663-3498-5 (implementation of the Employment Protection Act by Constitutional Work Act)
- Peter Hanau, Peter Ulmer and Mathias Habersack, codetermination. Comment on MitbestG, DrittbG and §§ 34 to 38 SEBG . (= Beck's brief comment, Vol. 24). Second edition. Beck, Munich 2006, ISBN 3-406-44832-1
- Petra Junghans, Participation and co-determination of union management in GDR companies. Empirical Study at East Berlin Industry Company . WVB, Berlin 2004, ISBN 3-936846-78-2 (Zugl Dissertation, FU Berlin 2003)
- E McGaughey, 'The Codetermination Bargains: German History of Companies and Legal Labor' (2015) LSE Legal Science Working Paper No. 10/2015
- Horst-Udo Niedenhoff, Participation in the Federal Republic of Germany . 14th Edition. DIV, Cologne 2005, ISBN 3-602-14698-7
- Michael Nienerza, Corporate Participation in International Corporations . Dissertation, University of Cologne 2005 (fulltext)
- Ralf Pieper, The Manual of Labor Protection , Chapter 2.7.4 participation 2005 ISBNÃ, 978-3-7663-3558-6
- Hans Pohl (ed), Joint Determination and Working Constitution in Germany, France and the United Kingdom since the 19th century. Proceedings of the 16-scientific symposium at Schloss Quint near Trier 1993. Steiner, Stuttgart 1996, ISBNÃ, 3-515-06894-5
External links
- Page, Rebecca: Determination of colleagues in Germany - Beginner's Guide. 3. revised edition. Series: Working Paper, No. 33. Dusseldorf 2006
- View employers' association
- Trade Union View, Research Results
- Fundamentals of the Constitution and its implications for the Working Council
Source of the article : Wikipedia
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