Der Betriebsrat als Mandant im Rahmen des § 111 BetrVG

The first part of the study examines the extent of the legal capacity of German works councils. The work exemplifies the partial legal capacity with the consultancy contract against payment according to the German Works Constitution Act (s.111 alinea 2; s.40(1)). As a result, the works council cannot undertake monetary payments.
The second part deals with the contractual liabilities of the works council and its members, of the employer, employees and the consultant, as well as with a possible representative liability of the works council’s chairman.
Thirdly, the consultancy contract itself is examined with special regard to the consultant’s legal status, rights and obligations.