Fundamentals that are important to you
The industrial constitution law regulates the rights and obligations of the operating parties as well as the legal status of the employee representative committee. It forms the interface between employees and employer. The things that need to be observed in this regard will be elaborated here.
Your legal position as employee representative committee
As employee representative committee you are obliged to a “trustworthy cooperation” with the employer. This is to ensure harmony peace within the firm and to maintain productivity. The employee representative committee is funded entirely by the employer. The committee has participation rights to some of the actions of the employer – these can be of varying nature. When it comes to human resource planning for instance, you are entitled only to briefing and consultation rights. When it comes to questions relating to rules of operation (e.g. dress code) there is a compelling right of co-determination.
The difference between the right to participation and the right to co-determination
There is a distinction between the right to participation and the right to co-determination. The right to participation implies for instance, briefing and consultation rights. The right to co-determination means that as committee member you are able to shape the content of measures. You then discuss implementation with the employer. Important to note, you have a veto right here. The employer needs your permission. If you cannot achieve accord, you can call the conciliation board, who will then rule. The ruling of the arbitration is binding when it comes to the compelling right of co-determination.
Why it is imperative that you should be aware of the impact of a legal decision
When it comes to a verdict from the conciliation board, all operating parties will have rights and obligations imposed upon them. You should be well versed in these. The disregard of these rules can lead to illegal instructions, ineffective terminations, claims for damages or severance pay claims. Feel free to inform yourself of your rights and obligations with our law firm. Our tip: As employee representative committee member you can receive specific legal training at the expense of your employer. We have purpose built seminars for these topics. We will gladly inform you.
Why you should consult a specialized labor law attorney
The call to the conciliation board is a negotiation tool that should not be underestimated. Here your legal counsel helps to achieve a negotiation on equal footing. He can also inform you when a compelling right to co-determination exists. Furthermore your legal counsel also knows the jurisdictional and procedural rules, as well as the obligation to bear the costs of the employer (see decision-making procedure). As a labor law firm we will of course gladly help you. Give us a call.
To be a member of the committee is a responsible task. To cope with this task on a legal level, it pays to have legal training. Furthermore, it is worthwhile to look for a specialized labor law attorney, whom you can rely on if push comes to shove. We are here for you.
You are interested in legal training? Or you have further questions pertaining to industrial constitution law?