Employee Participation

Restructuring of a business in Germany – an overview

Where restructuring measures comprising collective redundancies become necessary, the employer must fulfil a number of legal requirements to successfully implement such measures. While it is sometimes tempting to implement the necessary restructuring in a way that ignores the various legal requirements (e.g. co-determination of the works council etc.), there are only exceptional situations in which such a way does not lead to a total failure of the original plan. For the employer, unlike for the …

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German Employee Boardroom Participation under European Scrutiny

On 4 May 2017, the Advocate General delivered his Opinion in the case of TUI/Erzberger (docket number: C-566/15) in front of the ECJ and found that the German provisions on employee participation do not violate European law. He has now been confirmed by the ECJ on 18 July 2017. The Higher Regional Court Berlin (Kammergericht Berlin) referred the following question to the ECJ: Do, the German provisions on employee participation conform with European Law? In …

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