German labour law
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German labour law refers to the regulation of employment relationships and industrial partnerships in
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
.


History

*
General Commission of German Trade Unions The General Commission of German Trade Unions (german: Generalkommission der Gewerkschaften Deutschlands) was an umbrella body for German trade unions during the German Empire, from the end of the Anti-Socialist Laws in 1890 up to 1919. In 1919, ...
(1892–1919) * Free Association of German Trade Unions (1897–1919) *
Weimar Constitution The Constitution of the German Reich (german: Die Verfassung des Deutschen Reichs), usually known as the Weimar Constitution (''Weimarer Verfassung''), was the constitution that governed Germany during the Weimar Republic era (1919–1933). The c ...
1919 *Betriebsrätegesetz 1920 *
Allgemeiner Deutscher Gewerkschaftsbund The General German Trade Union Federation (german: Allgemeiner Deutscher Gewerkschaftsbund, ADGB) was a confederation of German trade unions in Germany founded during the Weimar Republic. It was founded in 1919 and was initially powerful enough to ...
(1919–1933) *
Free Workers' Union of Germany The Free Workers' Union of Germany (; FAUD) was an anarcho-syndicalist trade union in Germany. It stemmed from the Free Association of German Trade Unions (FDVG) which combined with the Ruhr region's Freie Arbeiter Union on September 15, 1919. ...
(1919–1933) * Arbeitsordnungsgesetz of 1934 *
German Labour Front The German Labour Front (german: Deutsche Arbeitsfront, ; DAF) was the labour organisation under the Nazi Party which replaced the various independent trade unions in Germany during Adolf Hitler's rise to power. History As early as March 1933, t ...
, the nationalised Nazi controlled union (1933 to 1945) *
Strength Through Joy NC Gemeinschaft (KdF; ) was a German state-operated leisure organization in Nazi Germany. Richard Grunberger, ''The 12-Year Reich'', p. 197, It was part of the German Labour Front (german: link=no, Deutsche Arbeitsfront), the national labour or ...
* Council of Trust and Factory leader *
Confederation of German Trade Unions The German Trade Union Confederation (german: Deutscher Gewerkschaftsbund; DGB) is an umbrella organisation (sometimes known as a national trade union center) for eight German trade unions, in total representing more than 6 million people ...
(est 1949) *
Mitbestimmungsgesetz Mitbestimmungsgesetz 1976 or the Codetermination Act 1976 is a German law that requires companies of over 2000 employees to have half the supervisory board of directors as representatives of workers, and just under half the votes. Background From ...
1976


Courts and constitution

*'' Grundgesetz'' (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right to form associations to safeguard and improve working and economic conditions is guaranteed to everyone and to all trades and professions. Agreements which restrict or seek to hinder this right are null and void; measures directed to this end are illegal." *'' Arbeitsgerichtsgesetz''


Individual labour law


Contract of employment

*''
Bürgerliches Gesetzbuch The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project. The BGB served as a template in se ...
'' (Civil Code) §§ 611–630 *'' Teilzeit- und Befristungsgesetz'' (Part-time and Fixed-term Work Act), §14(2) two-year fixed term limit *'' Arbeitnehmerüberlassungsgesetz'' (Employee Leasing Act) *'' Urlaubsgesetz'' (Holidays Act) *'' Mutterschutzgesetz''
Act on Maternity Protection
*'' Arbeitszeitgesetz''
Working Time Act
*''
Entgelttransparenzgesetz The Transparency in Wage Structures Act (german: Entgelttransparenzgesetz; EntgTranspG) is a 2017 German law enacted to promote pay parity between men and women. The law was strongly supported by Manuela Schwesig, the Federal Minister of Fam ...
'' (Transparency in Wage Structures Act)


Dismissal

*'' Kundigungsschutzgesetz'' (Dismissal Protection Act)


Collective labour law


Codetermination

*''
Betriebsverfassungsgesetz The Works Constitution Act 1972 (german: Betriebsverfassungsgesetz, ), abbreviated BetrVG, is a German federal law governing the right of employees to form a works council. History In the Stinnes-Legien Abkommen 1918, at the collapse of the Ge ...
'' (Works Constitution Act) requires establishment of Works Councils where there are five or more employees *''
Mitbestimmungsgesetz Mitbestimmungsgesetz 1976 or the Codetermination Act 1976 is a German law that requires companies of over 2000 employees to have half the supervisory board of directors as representatives of workers, and just under half the votes. Background From ...
'' (Codetermination Act)


Collective bargaining

*'' Tarifvertragsgesetz'' (Collective Agreement Act)


Minimum wage law


See also

*
German company law German company law (''Gesellschaftsrecht'') is an influential legal regime for companies in Germany. The primary form of company is the public company or ''Aktiengesellschaft'' (AG). A private company with limited liability is known as a ''Gesells ...
*
German contract law German contract law is found in the Bürgerliches Gesetzbuch, in both the "Allgemeine Teil" and the chapter on "Schuldrecht". It forms part of the general law of obligations. See also *Abstraktionsprinzip *Drittwirkung Contract A contract i ...
*
European labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
*
United Kingdom labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...


Notes


References

;Articles *A Freckmann, ‘Temporary Employment Business in Germany’ (2004) 15(1)
International Company and Commercial Law Review International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
7 *A Freckmann, ‘Termination of Employment Relationships in Germany – Still a Problem’ (2005) 16(1)
International Company and Commercial Law Review International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
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 * O Kahn-Freund, ‘The Social Ideal of the Reich Labour Court - A Critical Examination of the Practice of the Reich Labour Court’ (1931) *S Konnert, ‘Unfair Dismissal by Reason of Redundancy in Germany’ (2005) 16(11)
International Company and Commercial Law Review International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The T ...
431 *E McGaughey, 'The Codetermination Bargains: The History of German Corporate and Labour Law' (2016
23(1) Columbia Journal of European Law 135
*B Waas, ‘Temporary Agency Work in Germany: Reflections on Recent Developments’ (2003) 19(3) International Journal of Comparative Labour Law and Industrial Relations 387 ;Books *M Weiss and M Schmidt, ''Labour Law and Industrial Relations in Germany'' (4th edn Kluwer 2008) *A Junker, ''Grundkurs Arbeitsrecht'' (3rd edn 2004) * O Kahn-Freund, R Lewis and J Clark (ed) ''Labour Law and Politics in the Weimar Republic'' (Social Science Research Council 1981) ch 3, 108-161 *F Ebke and MW Finkin, ''Introduction to German Law'' (1996) ch 11, 305


External links


Erste Verordnung des Führers und Reichskanzlers über Wesen und Ziel der Deutschen Arbeitsfront vom 24. Oktober 1934
{{DEFAULTSORT:German Labour Law