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Germany > Freedom of association, collective bargaining and industrial relations

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Country: Germany - Subject: Freedom of association, collective bargaining and industrial relations

  1. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act to amend Temporary Employment Act and other Acts. (Gesetz zur Änderung des Arbeitnehmerüberlassungsgesetzes und anderer Gesetze ) - Act on-line in German

    Adoption: 2017-02-21 | Date of entry into force: 2017-04-01 | DEU-2017-L-106034

    Article 1. Amendment to the Temporary Employment Act:
    §1 Temporary Employment- permit requirement -maximum period of 18 months, possibility of extension on collective bargaining bassist
    §8 Principle of equal treatment - in respect of pay, equality of temporary workers no later than within 9 months
    §10a Legal consequences upon assignment by another person than the employer -prohibition of subleasing temporary workers
    - prohibition to use of temporary workers as strikebreakers
    -prevention of unfair contract work arrangements
    §20 Evaluation - evaluation of implementation of the Law is envisaged in 2020
    Article 2. Amendment to the Civil Code:
    -§611a Employment contract -
    Article 3. Amendment to the Works Constitution Act
    Article 4. Amendment to the Act to Combat Clandestine Employment - changes in numbering
    Article 5. Amendment to the Social Code - Book IV - changes in numbering
    Article 6. Act announcement
    Article 7. Entry into force.

  2. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act to improve the capability to act of self-governing bodies at major organisations in statutory health insurance, as well as to strengthen the supervision over them. (Gesetz zur Stärkung der Handlungsfähigkeit und Aufsicht über die Selbstverwaltung der Spitzenorganisationen in der GKV (GKV-Selbstverwaltungsstärkungsgesetz/GKV-SVSG)) - Act on-line in German

    Adoption: 2017-02-21 | Date of entry into force: 2017-03-01 | DEU-2017-L-106035

    The aim of the act is to improve the transparency of internal and external control of self-governance (concerns Statutory doctors and Dentists Association), simplify to vote out the chairman of relevant organisation by a simple majority.
    Article 1. Amendment to the Social Code - Book V - Statutory Health Insurance
    Article 2. Amendment to the Social Code - Book XI
    Article 3. Entry into force.

  3. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act on Collective Bargaining Agreement Unity (Gesetzes zur Tarifeinheit (Tarifeinheitsgesetz)) - Act on-line in German

    Adoption: 2015-07-03 | Date of entry into force: 2015-07-10 | DEU-2015-L-101651

    Article 1. Amendment to the Collective Agreements Act:
    Amendment postulates that to the extent that non-identical collective agreements from different unions in a company conflict, only the provisions from the collective agreement of the majority union will apply. The majority union is the union that has the most members at the time a subsequent collective agreement that includes the colliding provisions is concluded. If a collision later takes place because new provisions have been added to the agreement, that later time is relevant for determining which union has a majority.
    Article 2. Amendment to the Labour Courts Act: introduces above changes to the Act par. 99
    Article 3. Entry into force.

  4. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act on the Participation of the Federation in Appointments to Bodies (Federal Act on Appointment to Bodies). (Gesetz über die Mitwirkung des Bundes an der Besetzung von Gremien (Bundesgremienbesetzungsgesetz - BGremBG)) - Act on-line in German Act on-line in English

    Adoption: 2015-04-24 | Date of entry into force: 2015-05-01 | DEU-2015-L-101572

    Section 1. Aim of the Act
    Section 2. Scope of application
    Section 3. Definitions
    Section 4. Requirements of supervisory bodies
    Section 5. Requirements of essential bodies
    Section 6. Statistics, authorisation to issue statutory instruments
    Section 7. Report

  5. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act concerning One-Third Employee Representation on the Supervisory Board (One-Third Participation Act). (Gesetz über die Drittelbeteiligung der Arbeitnehmer im Aufsichtsrat (Drittelbeteiligungsgesetz - DrittelbG) ) - Gesetze im Internet

    Adoption: 2004-05-18 | Date of entry into force: 2004-07-01 | DEU-2004-L-93209

    Part 1. Scope of the Law
    § 1 Acquired Companies
    § 2 Corporation
    § 3 Workers, Company
    Part 2. Supervisory Board
    § 4 Composition of the Board
    § 5 Election of Supervisory Board members representing employees
    § 6 Nominations
    § 7 Publication of the members of the Supervisory Board
    § 9 Protection of Supervisory Board members against discrimination
    § 10 Election and election costs
    § 11 Challenging the election of members -workers representation
    § 12 Dismissal of Supervisory Board members representing the employees
    Part 3. Transitional and final provisions.
    § 13 Power to enact regulations
    § 14 References
    § 15 Transitional arrangements.

  6. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act amending the Works Council Act (BetrVerf-Reformgesetz).

    Adoption: 2001-07-23 | DEU-2001-L-60476

    Amends Works Council Act inter alia with regard to election, composition and rights and duties of work councils. Also amends the third book of the Social Code as well as a number of other acts.

  7. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Disciplinary Act (BGBl I 34/2001) (Bundesdisziplinargesetz (BDG)) - Act on-line in German

    Adoption: 2001-07-09 | Date of entry into force: 2002-01-01 | DEU-2001-L-108250

    Part 1 General provisions
    Part 2 Disciplinary actions
    Part 3 Official disciplinary procedure
    Part 4 Legal disciplinary procedure
    Part 5 Maintenance contribution in case of removal from civil service or pension withdrawal
    Part 6 Special provisions for individual civil servant groups and for retired civil servants
    Part 7 Transitional and final provisions

  8. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    European Works Council Implementation Act (EBR Anpassungsgesetz).

    Adoption: 1999-12-22 | DEU-1999-L-57984

    Implements Directive 97/74/EC of the Council of 15 December 1997 on the extension of Directive 94/45/EC providing for the creation of a European Works Council or the establishment of a procedure to consult with employees of enterprises operating at the European level.

  9. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act on European Works Council (EBRG). (Gesetz über Europäische Betriebsräte (Europäische Betriebsräte-Gesetz - EBRG)) - Act on-line in German

    Adoption: 1996-10-28 | DEU-1996-L-71456

    Transposes Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council.

    Sets out the provisions for the establishment of the European Works Council.
    Part One contains general information;
    Part Two regulates the special negotiating body;
    Part Three regulates agreements concerning cross border information and consultation;
    Part Four regulates the establishment, rules, functions and composition of the European Works Council;
    Part Five deals with principles of cooperation and protective provisions;
    Part Six regulates existing agreements;
    Part Seven deals with special provisions including penalties and fines.

  10. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Third Ordinance to amend the First Ordinance on the implementation of the Works Constitution Act.

    Adoption: 1995-01-16 | Date of entry into force: 1995-01-17 | DEU-1995-R-41038

    Amends sections 3, 34 and 35 of the 1972 First Ordinance on the implementation of works constitutions, (BGBl.I p. 49) with respect to gender and representation issues.

  11. Germany - Freedom of association, collective bargaining and industrial relations - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Declaration of the Ministry of the Interior with respect to the amendment of election procedures under the Act concerning the Representation of Personnel.

    Adoption: 1994-12-01 | Date of entry into force: 1994-12-11 | DEU-1994-M-41115

  12. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Ordinance of 9 November 1990 amending the voting regulations under the Co-determination Act [1976-Ger.F.R. 1].

    Adoption: 1990-11-09 | Date of entry into force: 1990-07-01 | DEU-1990-R-25027

    Amendments replace a gender-biased terminology by a neutral one.

  13. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act on wage agreements.

    Adoption: 1990-08-31 | DEU-1990-L-42207

    Pursuant to the constitutional guarantee of freedom of association, sets out guidelines for the regulation of both the relationship between employers and trade unions and the effect of wage agreements, which are considered to be the legal standard in this area.

  14. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act on workers' participation 1976.

    Adoption: 1990-06-26 | DEU-1990-L-42208

    Concerns employees' participation - not only in their own workplace, but at the supra-enterprise level - as part of the board of directors. For enterprises with more than two thousand permanent employees, the employees must have an equal number of representatives on the board of directors, which usually has twelve, sixteen or twenty members, depending on the size of the group of enterprises. The employees have the same number of seats on the board of directors as the employers, but if there is a stalemate, the chairperson, who is elected by the employers, has the determining vote. The employees have the right to elect the deputy chairperson, who replaces the chairperson in his or her absence.

  15. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act concerning industrial constitution.

    Adoption: 1989-12-18 | DEU-1989-L-42211

    Provides for the election of a works committee in enterprises with 5 or more employees. The works committees shall participate in all important decisions which affect the enterprise, including safety and health matters, working conditions and conditions of employment. Dismissals initiated by the employer shall be reviewed by the works council first.

  16. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act concerning the rules regarding election to the personnel representation committee.

    Adoption: 1989-10-25 | DEU-1989-L-42216

  17. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Ordinance No. 1 of 28 September 1989 amending Ordinance No. 2 on implementation of the Works Constitution Act.

    Adoption: 1989-09-28 | Date of entry into force: 1989-10-06 | DEU-1989-R-8683

    Amends Ordinance No. 2 of 24 October 1972 (BGBl. Part I, p. 2029) on the implementation of the Works Constitution Act (LS 1972-Ger. F.R. 1; see Notification of 23 December 1988 (BGBl. Part I, p. 1901). The amendments address in particular candidates proposed by trade unions and introduce new provisions on special procedures for the election of a board member or a group representative (majority vote). Occasioned by amendments to the Works Constitution Act.

  18. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    First Ordinance on election procedures regarding the committee to represent supervisory personnel.

    Adoption: 1989-09-28 | DEU-1989-R-42214

  19. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    First Ordinance to carry out the Act concerning industrial constitution.

    Adoption: 1989-09-16 | DEU-1989-R-42212

    Concerns procedural matters regarding the election to become works committee member.

  20. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act amending the Act respecting bodies representing staff in the federal civil service.

    Adoption: 1989-07-10 | DEU-1989-L-8301

    Amends the Act (of 15 March 1974, BGB1. I, p. 693), as amended, in various respects, particularly concerning procedures for nomination of representatives for election, time off for representatives, requirement that the supervisor give reasons for taking certain measures and legal protection for representatives.

  21. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act on the restructuring of the postal service, telecommunications service and Federal Post Office.

    Adoption: 1989-06-08 | Date of entry into force: 1989-07-01 | DEU-1989-L-8242

    Part 9 deals with personnel matters and social welfare (legal status of staff, responsibilities, rules, bonuses, transfers, collective agreements, staff welfare, insurance for dependants).

  22. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act of 23 March 1989 on the introduction of an additional registry for sea-going ships under the International Transport Flag of the Federal Republic (International Ships' Registry - ISR).

    Adoption: 1989-03-23 | Date of entry into force: 1989-04-05 | DEU-1989-L-7860

    Amends the Act governing the right to fly the flag (as last amended 10 May 1978, BGB1., Part I, p. 613) by adding the International Ships' Registry. Contains provisions on the applicability of the law of the Federal Republic of Germany and of certain collective agreements to the employment relationship of crew members who are not residents of the FRG and who serve on a ship registered with the International Ships' Registry.

  23. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Order on elections held under the Act on additional measures on co-determination.

    Adoption: 1989-01-23 | DEU-1989-R-7379

    Issued under the Act of 20 December 1988 (BGBl., Part I, p. 2312) amending the Works Constitution Act (LS 1976-Ger. F.R. 1). Detailed rules governing the election of representatives to works councils.

  24. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Works Constitution Act.

    Adoption: 1989-01-01 | DEU-1989-L-36702

    Establishes works councils and defines the status of trade unions and employers' associations. Defines the term "employees". Contains some provisions about works councils, works meetings, central works councils and combined works councils (election of members). Provides for representation of young employees and trainees. Provides for collaboration by employees and codetermination (creation of conciliation committee, right to make complaints, etc.). Contains special regulations for particular types of establishments such as shipping companies.

  25. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act to supplement the Act concerning workers' participation in the mining sector.

    Adoption: 1988-12-20 | DEU-1988-L-42210

    Concerns procedural matters regarding the election of employee representatives as members of boards of directors.

  26. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Federal Act concerning committees representing supervisory employees.

    Adoption: 1988-12-20 | DEU-1988-L-42213

    Provides for the establishment of worker's representatives committees, comprised of leading employees in enterprises with 10 or more employees. This body participates in decisions regarding dismissals and trade agreements which affect the business of the enterprise. Unlike works' councils members, representatives of the committees established persuant to this act are not protected against dismissal during the time they are acting as representatives.

  27. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Act of 20 July 1988 amending the provisions in the Social Code [LS 1980 - Ger. F.R. 2] concerning the transfer, assignment and attachment of entitlements to social benefits, and regarding rules for the use of insurance identification numbers, and amending other provisions (First Act amending the Social Code).

    Adoption: 1988-07-20 | DEU-1988-L-6625

    Inter alia, provides that social security identification numbers can be recorded or used only when required by law (new s. 18f of Book 4 of the Code).

  28. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Loi tendant à garantir la neutralité de l'Etablissement fédéral du travail en cas de différends du travail.

    Adoption: 1986-05-15 | DEU-1986-L-2350

    La loi modifie la loi de 1969 (SL 1969 - All.(RF) 1 ... 1974 - All.(RF) 1) sur la promotion de l'emploi. Elle prévoit, notamment, que les prestations de chômage ne pourront pas être versées aux personnes touchées par un différend du travail et précise l'application de cette disposition à l'égard des différends concernant les conventions collectives par branche d'activité. Elle définit la composition de la commission de neutralité et la procédure des recours contre ses décisions. Elle abroge l'arrêté du 2 mars 1973 sur la neutralité et sa modification du 14 juillet 1982.

  29. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Election rules (No. 1) under the Co-management Act [of 4 May 1976: LS 1976-Ger.F.R. 1].

    Adoption: 1977-06-23 | DEU-1977-L-13526

  30. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Election rules (No. 2) under the Co-management Act [of 4 May 1976: LS 1976-Ger.F.R. 1].

    Adoption: 1977-06-23 | DEU-1977-L-13527

  31. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Election rules (No. 3) under the Co-management Act [of 4 May 1976]: LS 1976-Ger. F.R.

    Adoption: 1977-06-23 | DEU-1977-L-13528

  32. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Co-determination Act. (Gesetz über die Mitbestimmung der Arbeitnehmer (Mitbestimmungsgesetz - MitbestG)) - Act on-line in German

    Adoption: 1976-05-04 | DEU-1976-L-13898

    Act respecting workers' co-management. Requires companies of over 2000 employees to have half the supervisory board of directors as representatives of workers. It applies to all German capital companies, including public companies (Aktiengesellschaft), cooperatives (eingetragene Genossenschaft), private limited companies (Gesellschaft mit beschränkter Haftung) and partnerships (Kommanditgesellschaft auf Aktien) if they have over 2000 employees.

  33. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    An Act to make provision for the protection of members of bodies representing the workers in an undertaking, while they are receiving training.

    Adoption: 1974-01-18 | DEU-1974-L-15027

    Inserts a new s. 78a in the Works Constitution Act of 15 Jan. 1972 (LS 1972 - Ger. F.R. 1).

  34. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Regulations (No. 2) made under the Works Constitution Act [LS 1972 - Ger.F.R. 1] (organisation of elections in maritime navigation).

    Adoption: 1972-10-24 | DEU-1972-R-16547

  35. Germany - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Ordinance (No. 1) made under the Works Constitution Act [of 15 Jan. 1972: LS 1972 - Ger.F.R. 1].

    Adoption: 1972-01-16 | DEU-1972-R-16539

  36. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Works Constitution Act (LS 1972 - Ger. F.R. 1). (Betriebsverfassungsgesetz (BetrVG)) - Legislation online Legislation online

    Adoption: 1972-01-15 | DEU-1972-L-16538

  37. Germany - Freedom of association, collective bargaining and industrial relations - Law, Act

    Collective Agreements Act [Act of 25 August 1969] (Tarifvertragsgesetz (TVG)) - Act on-line in German

    Adoption: 1970-02-20 | DEU-1970-L-17536

    Establishes the Collective Agreements Committee. Repeals the Ordinance of 7 June 1949 made under the Act.


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