- Sources of employment law - plus similarities and key differences compared to common law jurisdictions.
- Cultural differences in interpersonal relations.
- The German corporate structure and its impact on the management function.
- Key players: trade unions, works councils and employer associations.
Working with the Works Council on staff/HR matters
- Information, consultation and co-determination.
- Representation of executives within corporates.
- Works council involvement throughout the lifecycle of the employment relationship.
- Role of works council agreements.
- Role of collective bargaining agreements.
Works Council Agreements
- Form requirements.
- Relationship between employment contract and works council agreement.
- Favourability principle (Günstigkeitsprinzip).
- Collective bargainig agreement: flexibility clauses (Öffnungsklauseln).
- Ad hoc informal arrangements with the works council (Regelungsabreden).
- Custom and practice.
- Co-determination rights of the works council – the catalogue of section 87 of the Works Constitution Act (§ 87 BetrVG).
- Conciliation process (Einigungsstellenverfahren).
- Case study: Collective redundancies and the role of the works council.
- Negotiating a social plan (Sozialplan) and balancing of interests agreement (Interessenausgleich).
- Case study: Outsourcing as a “change to the business” (Betriebsänderung).
Expiry date of Works Council Agreements
- Changing works council agreements.
- Terminating works council agreements and consequences.
- Continuation of terms of works council agreements beyond the termination date (Nachwirkung).
- Works council agreements and M&A.
Lerndauer: 1 Day
Diese Veranstaltung findet vor Ort statt (aktuelle Hygienekonzepte)!
This seminar will help you
- to identify and understand the level of German works council participation,
- to identify typical conflict areas between management and works council, and
- to prevent costly mistakes for your business.
This is a one-day course delivered by a team of two of our experienced trainers.
Non-German-speaking HR managers with personnel responsibility in Germany, but without or little prior knowledge of German employment law and human resources