Betriebliche Mitbestimmung und Unternehmensmitbestimmung (German Edition)

Many of the VAA works council members belong to this group themselves and are therefore very familiar with the concerns of their clientele. Drawing on the knowledge of company structures they have gained in positions of leadership, employees not covered by the standard collective agreement help to settle conflicts of interests between the works council and the company management. The VAA works council members regularly convene at meetings and seminars.

As well as providing an opportunity to find out about the latest developments in works constitution law, a particular emphasis here is on exchanging experiences. Each year, the VAA also offers the works councils a number of seminars on matters relating to works constitution law and individual labour law. In a pluralist works constitution, employees in executive positions Leitende Angestellte — LA are represented by the executive committee, which defends their interests in dealings with the company management.

VAA members are in the majority in the executive committees representing senior executives in all major companies in the chemical industry.

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In the vast majority of cases, the VAA also provides the chairperson. The association supports, advises and instructs its executive committee members on all manner of legal issues: The association also supports its elected representatives when it comes to conducting plenary assemblies of the executive employees in the company. The VAA provides information about the election procedure and the management of the executive committee, as well as the co-determination rights and the conclusion of executive committee agreements.

Pay schemes and company pensions are also a frequent topic of consultation. Members of executive committees convene twice a year at conferences and meetings, where they are brought up to date on matters relating to legislation and jurisdiction by the association lawyers. Corporate co-determination is achieved through active employee participation in the supervisory board of the co-determined company.

Codetermination in Germany

The supervisory board is responsible for supervising and advising the company management. The supervisory board, the executive board and the management are responsible for their own duties: VAA members occupy the senior executive seat on almost all supervisory boards of co-determined chemistry companies. VAA candidates are also regularly successful in their applications for employee seats and union seats. VAA supervisory board members are constantly adding to the expert knowledge required for duties to be performed in a competent manner. The association offers its supervisory boards two conferences a year and holds seminars for members of audit committees to ensure this is the case.

All VAA supervisory board members pay a portion of the compensation received for supervisory board work to the association. Some economists dispute this on the basis that the losses in efficiency in production outweigh any gains in productivity.

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According to the Betriebsverfassungsgesetz BetrVG, Industrial Relations Law the worker has a claim to codetermination about his own work position. He has to be informed about his position and responsibilities, and the job procedures see also, the Arbeitsschutzgesetz. He has a right of making suggestions and to inspect certain company documents.

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Operational codetermination Betriebliche Mitbestimmung concerns the organisation of the business, job arrangements, personal planning, guidelines for hiring, social services, time registration and performance assessments. The Betriebsrat or works council is the organ of operational codetermination.

In the public sector it is known as the Personalrat or staff council. Corporate codetermination Unternehmensmitbestimmung concerns private GmbH and public limited companies AktG. The Drittelbeteiligungsgesetz provides for one third of the supervisory board to be elected by workers in companies with more than employees.

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For companies with more than employees the Mitbestimmungsgesetz requires half of the supervisory board Aufsichtsrat to be representative of the workers subject to the chairman of the board being a shareholder appointee. In the coal, mining and steel industry the Montan-Mitbestimmungsgesetz allows complete parity between workers and shareholders for companies with over workers. In December there were companies with supervisory boards regulated by the Mitbestimmungsgesetz and around 30 under the Montanmitbestimmungsgesetz.

Mai was passed on 7 June It provided for equal representation on the supervisory board of directors for workers and employers.

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On the worker side, representatives are to name a "further member" who acts explicitly in the interests of the community. The purpose was that in the lead up to World War, these companies were seen to openly support the Nazis financially. To prevent a stalemate on the board, a neutral member is to be appointed, which the parties must agree on.

On the management board, one member must be a Staff-director Arbeitsdirecktor who cannot be appointed against the votes of the worker directors on the supervisory board. Companies attempted to avoid the effects of the law after it was passed. The steel company Mannesmann registered another holding company outside the steel industry, intended to avoid the law.

An exception is made for family companies. For each two shareholder members, the works council can send a third worker representative. They may also participate in committees of the supervisory board. On 15 January the Act of was updated giving more powers for participation in personal and social affairs of company employees. Individual worker rights were strengthened in relation to unions.