englischWhat are the consequences of an instruction by the employer that does not comply with the limit of "equitable discretion" within the meaning of § 106 S. 1 GewO? For the first time, a general overview of the problem of consequences is provided and not only the legal consequences of the [...]

englischIn companies with a large number of independent operations, the increasing networking and cooperation among works councils raises the question of the legitimacy of such inter-company cooperation.

The book summarizes the legal regulations governing the cooperation of works councils within [...]

englischUnjustified privileges for public employers in the field of temporary employment and fixed-term contracts?

The work precisely elaborates the extent to which special rights exist for state actors in these two practice-relevant areas of German labour law and analyses in depth whether the [...]

englischThe ECJ-ruling CCOO on working time recording has exposed the deficiencies of an outdated working time law, sparking discussions among associations, policymakers and the general working population. So far, politics and lawmakers have been reluctant to implement the necessary reforms to meet [...]

englischIn recent years, holiday law has been subject to major changes due to the case law of the ECJ and the Federal Labour Court. The legislator remained inactive. The paper examines the question of whether this judicial reshaping of holiday law respects the limits of interpretation and further [...]

englischBy deciding for or against the continuation of a fixed-term employment relationship, the employer exercises his freedom of contract. However, this freedom is not unrestricted. The thesis examines how free the employer is in deciding whether to continue fixed-term employment relationships and [...]

englischGroup-wide matrix structures lead to a variety of challenges in terms of labour law. The book examines the existence of units that are eligible for works councils and shows that the common concept of an establishment predominantly leads to appropriate results even in the matrix structure. [...]

englischIn its much-noted ruling of 7 February 2019, the Federal Labour Court (Bundesarbeitsgericht – BAG) decided that a termination agreement under labour law can also be invalid if one contracting party was unduly influenced during the contract negotiations. Within the framework of a [...]

englischEven though the majority of works councils behave in accordance with the law, the conflict-prone field of works constitution raises the question of the extent to which misconduct by employee representatives can give rise to damage claims. An assessment always presupposes due consideration of [...]

englischSupranational law seems to increasingly influence national law. This is also assumed to be the case for collective bargaining law, which is exposed to a superstructure of international law in addition to the determinants of European Union law. Daniel Schmidt examines the interaction of the [...]