155 / 270
GAZETTE
SEPTEMBER 1980
The Role of the Lawyer in
Industrial Relations in the Federal
Republic of Germany
By N I COLA BARR
The lawyer in the federal republic of Germany plays a
prominent role in German industrial relations. This is
largely owing to the fact that the industrial relations in
Germany are more extensively regulated by law than in
most other EEC states. In Germany, the terms of an
individual
employment
agreement
are
extensively
governed by law, e.g. sickness benefit, period of notice,
etc. Further, now the organisation of the management
structure and the decision making of a company is
regulated by law in order to ensure that the employees
have the right of participation in management decisions.
This idea was begun in 1952 with the Companies'
structure
Act
(Betriebsverfassungsgesetz),
which
established a workers' representative council in all
companies with more than 5 workers. This Council is to
be consulted in specified circumstances e.g. the
termination of an employee's contract of employment,
and culminates with the Workers Participation Act, 1976
(Mitbestimmungsgesetz) which provides for workers to be
members of the Supervisory Board, when the company
has more than 2000 employees. Although different rules
apply to different sized companies, all companies with at
least 5 employees are to some extent affected.
Most company heads of the Personnel department
have a legal education. Such legal education is at least a
degree and some are professional lawyers as well.
Further, in some cases, he may be a lay-judge in the
labour court. In all large companies, which have a legal
department for the companies business, the industrial
relations legal questions would be exclusively dealt with in
the Personnel department. Such division comes from the
recognition that industrial relations and other company
legal questions require different legal training and
experience. Legal training is necessary in the Personnel
department to ensure implementation of this complex set
of laws which affect the contract of employment and
company management.
Furthermore, in Germany, collective agreements play
a large role in industrial relations and are legally binding
agreements, breach of which gives rise to a legal action.
During discussion on a collective agreement, lawyers are
always present. The employees are usually represented by
the relevant union. Each union in Germany has its own
team of lawyers — full time employees of the union. In
some cases the employers conclude the collective
agreement themselves -
assisted by their lawyer
employees - or when it is an industry wide collective
agreement the employers union of that industry would
negotiate the agreement - here again assisted by its own
lawyers.
In the situation of threatened or actual legal action the
unions and employers are advised by their lawyers, for
industrial action may only be taken in limited circumstan-
ces.
In Germany, the lawyer plays a large part in the
discussions of a collective agreement and deal with a
workers' dispute, and these lawyers are not independent
solicitors, but employees of the relevant parties. These
lawyers are familiar with the industry and the problems
attaching thereto. Only in rare cases when a dispute
would come to court would a solicitor become involved in
industrial relations.
Selected Employment Appeals Tribunal Decisions,
1978
The above appeared as a Supplement to the July/August, 1980
issue of the
Gazette
of the Incorporated Law Society of Ireland.
The insert was prepared by Nicola Barr, B.A. (Mod.), former
Editor of
the Dublin University Law Review,
whose name was
inadvertently omitted from the title page.
Additional copies of the insert are available from the Society,
price £1.00 plus postage 12p.
Solicitors
9
Benevolent
Association
Miss Noelle Maguire, presenting a cheque for £2,015.99 to Mr. Eunan
McCarron, Chairman of the Solicitors' Benevolent Association
A most elegant and enjoyable function was held at Blackhall
Place on the 23rd May last for which members of the
profession were invited to subscribe for tickets to raise money
for the assistance of the Solicitors Benevolent Fund. The guests
were served with wine and savoury delicacies and entertained
by the music of the Dublin Symphony Orchestra. An exhibition
of the paintings of Mr. Billy Noyk and of Miss Siobhan CufTe
formed an interesting side attraction for those interested neither
in the delights of music, nor conversation, nor the scrutiny of
the glamorous attire of the Ladies and (Gentlemen) present.
At the end of the evening those attending participated in the
raffle of several sides of smoked salmon which had been kindly
donated by Jury's Hotel.
The occasion was such a great success that it is hoped to
make of it an annual affair. Th a n ks are due to all of those who
subscribed for tickets, to the exhibitors and musicians and to
Jury's Hotel, and to Ann Kane of the Law Society who gave
such assistance to the organisers.
149