Die Bedeutung der Grundrechte im Betriebsverfassungsgesetz (English shop)

unter besonderer Berücksichtigung der Rechtsprechung des Bundesverfassungsgerichtes

Preview

Table of Contents, Datei (39 KB)
Extract, Datei (42 KB)

The Works Constitution Act (Betriebsverfassungsgesetz) is a rule of organisation and procedure that protects fundamental rights. It contributes to safeguarding the fundamental rights of employees – among other things via the works council –, employers and trade unions. The conciliation committee procedure in particular offers the possibility of bringing the employees’ freedom to choose an occupation and the employer’s freedom of occupation and property into a proportionate balance. The Act is based on the legislature’s duty to protect fundamental rights and can therefore not simply be abolished, even though it is not guaranteed in its existing form. The legislature’s prerogative of assessment in fulfilling its duties of protection as well as in regulating economic matters makes other arrangements conceivable as well. However, compared with other legislative forms, a rule of organisation and procedure is the most appropriate solution. It allows individual regulations to be adopted for the establishment that are adapted to changing market situations. The following minimum requirements for provisions protecting fundamental rights are not at the parties’ disposal: a flow of information between employer, employees and/or works council that takes the employees’ interests into account must be ensured. In addition, an instrument such as the existing compulsory conciliation committee procedure must be provided for, which establishes an approximate balance of power between the employer’s and the employees’ side.