Die Haftung des Betriebsrats zwischen Unabhängigkeit und Verantwortung

Even 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 both the works council’s responsibility and legally secured independence. Within the framework of the study, it is shown that both the works council members and the body behind them can be considered as debtors of damage claims. Finally, a proposal is made as to how currently existing gaps in justice could be avoided in the future.