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Labour Law and Industrial Relations in Germany by Manfred Weiss,Marlene Schmidt Pdf
Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.
Labour Law and Industrial Relations in Germany by Manfred Weiss,Marlene Schmidt,Daniel Hlava Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Germany not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Germany, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Labour and Employment Compliance in Germany by Gerlind Wisskirchen,Martin Lützeler Pdf
Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in Germany. It is thoroughly practical in orientation. Employers and their counsel can be assured that it ful?lls the need for accurate and detailed knowledge of laws in Germany on all aspects of employment, from recruiting to termination, working conditions, compensation and bene?ts to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: - written and oral contracts - interviewing and screening - evaluations and warnings - severance pay - reductions in force - temporary workers - trade union rights - wage and hour laws - employee bene?ts - workers' compensation - safety and environmental regulations - immigration law compliance - restrictive covenants - anti-discrimination laws - employee privacy rights - dispute resolution - recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable ?nes and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Key Aspects of German Employment and Labour Law by Jens Kirchner,Pascal R. Kremp,Michael Magotsch Pdf
This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.
Developments in German Industrial Relations by Gerd Grözinger,Wenzel Matiaske Pdf
This book presents a review of the last twenty years of research in German industrial relations. Divided into three parts, it begins by exploring the major developments in this field of research. It then describes the academic field of industrial relations in Germany from different perspectives, looking back on twenty years of “Industrielle Beziehungen” – the German Journal of Industrial Relations. This is rounded off by an analysis of the changes in the real world of the German model and its major institutions, namely the DGB trade unions and co-determination on the establishment-level. In addition, the book discusses the contributions of neighbouring disciplines, particularly human resource management, economics, and labour law. As the German model and its developments are interesting not only for researchers in industrial relations, but also for practitioners in business and administration, this volume addresses both groups of readers.
Collective Bargaining and Wages in Comparative Perspective by Roger Blanpain,Thomas Blanke,Edgar Rose,Kerstin Ahlberg Pdf
Remarkably, the core element of labour relations?wage determination?has been excluded from the European social dialogue about harmonisation of working conditions and national systems of social security. The present study responds by analysing the prospects of building up structures of wage formation in Europe through a reevaluation of collective bargaining and collective agreements as they exist under the law of the most industrialized Member States. The impetus for the study is the widely debated crisis of the system of concluding regional collective agreements on wages. Social partners seem to have been trapped in fruitless conflicts on how the system must be reformed. It has become obvious that no party concerned employers, trade unions, the state has the capacity to resolve the growing difficulties of collective wage formation. In an introductory essay by the distinguished editors, this important study takes the situation in Germany, the most prominent manifestation of this European crisis, as its starting point. Then, academic experts from France, the United Kingdom, the Netherlands, and Sweden describe comparable problems in their own countries, detail approaches to dealing with them, and provide a critical commentary, including judgements and suggestions in relation to the German case. Then follows a reexamination of the situation in Germany in the light of the experience of the other countries. A final chapter outlines some preliminary interpretations of European prospects. Salient issues investigated include the following: the erosion of such ideological and legal categories and concepts as `dependent work, `solidarity', `subsidiarity' and `social self-regulation' as preconditions of traditional collective bargaining structures at national level; the decreasing membership of the bargaining partners on both sides; the shrinking rate of employees covered by collective agreements; attempts to establish a national social pact; increasing competition on global markets; decentralizing management strategies, including the abandonment of collective bargaining; and, individualized employees. The authors examine the various state structures to determine if the legal and institutional developments of the different national systems of collective bargaining constitute starting points for mutual learning in order to meet the new challenges. This leads to a discussion of which practices are successful in their original environment, and how these practices might adapt to other systems in other countries.
Employment & Labor Law in Germany by Stefan Lingemann,Robert von Steinau-Steinrück,Anja Mengel Pdf
This book explains the essential issues involved in German employment and service agreements, as well as the tax and social law questions involved in a concise and comprehensible manner. Among the issues covered will be the following: - Conclusion, execution and termination of employment agreements - Remuneration and taxes - Restructuring and M & A - Co-determination and industrial relations - Company pension plans - Management board members, managing directors - Labor court litigation as well as: - the relevant statutes in German and English - a German-English glossary of the most important terms.
Regulating Employment Industrial Relations and Labour Law Intl Co by Blanpain Pdf
The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.
Labor Relations and the Law in West Germany and the United States by Seyfarth, Shaw, Fairweather & Geraldson Pdf
Comparison of labour relations in the manufacturing industry of Germany, Federal Republic and the USA and commentary on relevant labour legislation - covers membership and legal status of trade unions, collective bargaining, collective agreements, labour contracts, dispute settlement, labour costs, wage payment systems, wage structures, wage incentives, social security, workers participation, working conditions, hours of work, personnel management, occupational health, etc. Bibliography pp. 591 to 606 and statistical tables.
Industrial Relations in Germany by Martin Behrens,Heiner Dribbusch Pdf
This special edition of 'WSI-Mitteilungen', the academic journal of the Institute of Economic and Social Research (WSI), focuses on the state of labour relations in Germany. The system of German industrial relations aroused lively interest following the corporatist crisis management of 2009/2010, which was credited with 'Germany's jobs miracle'. In 2019, it is apparent that although works councils and multi-employer collective bargaining-the core institutional pillars which shape the dual system of German industrial relations-are still alive, labour relations as a whole are undergoing substantial changes. It is the aim of this special issue to contribute to improving our understanding of these changes, and also to open up new perspectives on both the theory and practice of industrial relations.
Comparative Labour Law and Industrial Relations by Benjamin Aaron Pdf
Textbook on comparative law, labour law and labour relations systems - international law, conflict of laws in labour contracts in EC countries and legal status of multinational enterprises and international trade unions, freedom of association, employers organization, workers participation, quality of working life, labour disputes, forms of dispute settlements, equal opportunities, employment security; includes a chapter on the public sector.
Labor Relations and the Law in West Germany and the United States by Seyfarth, Shaw, Fairweather & Geraldson Pdf
Comparison of labour relations in the manufacturing industry of Germany, Federal Republic and the USA and commentary on relevant labour legislation - covers membership and legal status of trade unions, collective bargaining, collective agreements, labour contracts, dispute settlement, labour costs, wage payment systems, wage structures, wage incentives, social security, workers participation, working conditions, hours of work, personnel management, occupational health, etc. Bibliography pp. 591 to 606 and statistical tables.
The Sources of Labour Law by Tamás Gyulavári,Emanuele Menegatti Pdf
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
