Möglichkeiten und Grenzen ablösender Betriebsvereinbarungen

The thesis develops a works constitution-oriented approach to the justification and limits of superseding works agreements. The legal provisions on co-determination prove to be decisive. Section 87 (1) of the BetrVG provides for the power to intervene in the rights of the parties to an employment contract. Here, only the parties to the works agreement are entitled to make regulations. The power to intervene is limited by section 75 of the BetrVG. This binds the parties to the works agreement to higher-ranking law, in particular the fundamental rights of freedom. The approach is assessed with regard to age limits, preclusion periods and due date regulations, the instruction to work from home and the reduction of company social benefits.