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The first is through labour court. The second is through an internal conciliation committee, which is not open to the public. In the case of enforceable co-determination matters, if the employer and works council cannot agree, the conciliation committee can award a legally binding works agreement according to §87(2) of the Works Constitution Act.
Subsequently, the agreements for work councils were codified in the Works Constitution Act, passed on 11 October 1952 in West Germany. Trade unions in Germany wanted much more, [4] including the formalisation of works council members as union representatives, and the expansion of the Coal Co-Determination Act [] in all industries.
A Freckmann, ‘Termination of Employment Relationships in Germany – Still a Problem’ (2005) 16(1) International Company and Commercial Law Review 38; B Keller, ‘The Hartz Commission Recommendations and Beyond: An Intermediate Assessment’ (2003) 19(3) International Journal of Comparative Labour Law and Industrial Relations 363
It applies to public and private companies, so long as there are over 2,000 employees. For companies with 500–2,000 employees, one third of the supervisory board must be elected. There is also legislation in Germany, known as the Betriebsverfassungsgesetz whereby workers are entitled to form Works Councils at the local shop floor level.
In recent years with a decline in union membership, works councils have come to be seen as a way for unions to recruit members, specifically by having works councils campaign for people to join them. [12] In 2019, depending on sector, between 16% and 86% of employees worked at an employer with a works council. [13]
The hard part would be coming up with an appropriate wage for the unpaid work, taking into account the market cost and the experience and education of the person doing the work.
As soon as two or more Works Councils exist within the same company (legal entity), a Central Works Council must be formed.[1]: 14 By default, each Works Council represented in the Central Works Council may send 1 member if the local Works Council has 3 or fewer members, otherwise they may send 2 members to the Central Works Council per BetrVG § 47(2).
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