Betriebsratsbeschluss und Arbeitgeberrisiko

The internal law of the works council often affects the external relationship with the employer in the event of deficiencies in resolutions. This paper examines this legal risk and analyses the prospects for protecting the employer. In this context, the works council resolution is examined as an effectiveness risk and the concept of protection of legitimate expectations is generally questioned with regard to its compatibility with works constitution law, before the case law of the labour courts is subjected to a critical review. The work concludes with an independent approach that takes into account the special features of the works constitution.