Unternehmensmitbestimmung und Gemeinschaftsbetrieb

The thesis addresses two central legal issues with regard to employees who work in a joint workplace, but who do not have employment contracts with all of the sponsoring companies. The first legal issue is whether and, if so, how these employees can be attributed to each of these sponsoring companies with regard to the thresholds in sec. 1 para. 1 No. 2 of the German Co-Determination Act [MitbestG] and sec. 1 para. 1 of the German One Third Participation Act [DrittelbG]. The second legal issue deals with the employees‘ voting rights regarding the co-determined supervisory boards of the sponsoring companies.

There is a controversial discussion regarding both legal issues, consisting of several contributions by jurisprudence as well as legal literature, which the thesis wishes to contribute to. Therefore, the contributions and further possible approaches are presented and assessed with continuous regard to practical implications.