The Gazette 1980

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.

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