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Kanzlei Labisch: Hand mit Kugelschreiber

The design of
operating agreements

Knowledge is the key

Operating agreements govern all matters pertaining to the operation, industrial constitution law and social issues – either by an agreement between the employee representative committee and employer or by award of arbitration from the conciliation board. In any case, they are binding.

Why it makes sense to be well informed

Operating agreements require special process, form and content requirements. Thus there must, for instance, be a matter that can be resolved. An operating agreement can only be finalized after conclusion of a proper resolution. The conditions that must be observed are many. It is necessary to overcome some hurdles. As employee representative committee you should thoroughly check the forms of procedure, so as to act legally sound. As a law firm specialized in labor law naturally we are here for you.

Why you need a thorough understanding of regulatory systems

For an operating agreement you should provide extensive explanatory work regarding the firm. The interests of the workforce and their circumstances must be determined; the results must be classified legally. Here you should pay attention to the ability of the matter to be resolved as well as the legal limits. These limits must, if necessary, also be demonstrated to the employer. In addition: The operating agreement may not violate higher ranking law – e.g. the principle of equal treatment, the principle of non-discrimination or the principle of proportionality. For this you need a thorough understanding of regulatory systems pertaining to labor, basic, social and general private law. 

How to successfully negotiate with the employer?

Negotiate task-orientated and within appropriate boundaries. Look out for deceleration or acceleration tactics that are supposed to put you under pressure. If this is the case, you should take appropriate countermeasures or preventive means, which guide the negotiations back to your principal content. In particular, the employee representative committee, profits from a representative with strong bargaining skills. Please take note, depending on the issue, you can have this representative assist you at the expense of the employer. Whether or not the obligation to bear the costs applies you can determine best with one of our legal experts in an initial consultation.

There are many legal pitfalls when negotiating operating agreements. Legal training is a good basis from which you, as employee representative committee, can safely act. If you have further issues then our law firm for labor law is here for you.

Act legally sound in front of the conciliation board? Check whether the obligation to bear the costs applies for the employer

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