Legal Protection against Breaches of Duty on the Part of the German Works Council -- A Fata Morgana?

Overview

The German works councils enjoy far-reaching powers and can exert tremendous influence, which creates an indisputable danger of abuse of power. However, the employees and employer are scarcely protected from any breaches of duty it may commit. The legal protection provided in the industrial governance regulations is still insufficiently developed. On the other hand, the powers of the unions in the United States of America have long since been limited by the duty of fair representation. In a state governed by the ...

See more details below
Paperback (Softcover reprint of the original 1st ed. 2000)
$89.95
BN.com price
Other sellers (Paperback)
  • All (7) from $67.04   
  • New (7) from $67.04   
Sending request ...

Overview

The German works councils enjoy far-reaching powers and can exert tremendous influence, which creates an indisputable danger of abuse of power. However, the employees and employer are scarcely protected from any breaches of duty it may commit. The legal protection provided in the industrial governance regulations is still insufficiently developed. On the other hand, the powers of the unions in the United States of America have long since been limited by the duty of fair representation. In a state governed by the rule of law, it must be possible to hold anyone exercising power accountable. Proceeding from this principle, the author develops and proposes a comprehensive system of legal protection on a civil law basis. Today, in light of the reform of the Works Constitution Act which was agreed upon in the German federal government's coalition agreement, this work is of great topical immediacy and represents an important contribution to questions of legal policy.

Read More Show Less

Product Details

  • ISBN-13: 9783642631047
  • Publisher: Springer Berlin Heidelberg
  • Publication date: 4/30/2013
  • Series: Potsdamer Rechtswissenschaftliche Reihe Series, #8
  • Edition description: Softcover reprint of the original 1st ed. 2000
  • Edition number: 1
  • Pages: 97
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.23 (d)

Table of Contents

General introduction: The German model; The model in American labor law.- Introduction to the issue.- Case law an the literature: Case law; Literature.- Restraint in Practice.- The relationship between the works council and the employees:The necessity of a system of legal protection against breaches of duty by the works council; The foundation of legal safeguards; The basis of claims; The official duties of the works council toward the employees; The respondent to a claim: the works council or the works council members?; The causality of a breacht of duty; Burden of proof; Fault; The legal consequences of breaches of official duties.- The relationship between the works council and the employer: The differences between the works council's legal relationships to the employer and to the employee; The nature of the legal relationship between the works council and the employer; The legal duties of the works council; Sanctions due to a breach of duty by the works council; Temporary relief for the employer.

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)