A conciliation committee (‹See Tfd›German: Einigungsstelle) is a formal arbitration mechanism defined in German labour law for mediating certain conflicts internally between a (central/group) works council and an employer. The Works Constitution Act defines the conciliation committee in sections §76–76a.
When a works council and an employer have a difference of opinion or legal dispute, there are usually two ways to legally escalate. The first is through labour court. The second is through an internal conciliation committee, which is not open to the public.
In the case of enforceable co-determination matters, if the employer and works council cannot agree, the conciliation committee can award a legally binding works agreement according to §87(2) of the Works Constitution Act.[1]: 18 It can also make binding decisions concerning the works council itself and claims by individual employees.
Structure
editThe conciliation committee comprises a neutral chair person, usually a labour judge and an equal number of assessors chosen by each the employer and the works council, usually two or three people. In more complex cases, a higher number is warranted. If the employer and works council are unable to agree on the chair person, a labour court appoints one instead per §76(2).[1]: 59–64
If either the works council or the employer disagrees with the decision of the conciliation committee, they may request a legal review by the respective labour court on the grounds that the conciliation committee exceeded its discretionary authority.[1]: 59–64
Scope
editIn cases of failed negotiations between the works council and the employer, the conciliation committees can make binding decisions.
For enforceable co-determination topics, this can be an award as a works agreement or a social compensation plan during mass-layoffs negotiations.
The committee can also make decisions specific to the works council itself, such as the size of the (group/central) works council, which individual works council members can be released from work, the time and place of works council consultation hours.
The conciliation committee can also resolve individual matters including employee complaints over the handling of workplace harassment claims and scheduling of vacation. The conciliation committee can be further called in other cases by mutual consent of the employer and works council.[1]
Most information rights of the works council are typically enforced by the labour court, except for the information rights of the Finance Committee, which is enforced by the conciliation committee due to the practical sensitivities around business secrets per §109.[citation needed]
In practice
edit2,000 works councils were interviewed in a 2017 survey by Economic and Social Research Institute (WSI) of the Hans Boeckler Foundation. Around 15 percent of all companies with a works agreement had a works agreement that was awarded by a conciliation committee. In larger companies, this likelihood increases to 25 percent.[2]
References
edit- ^ a b c d Die Betriebsvereinbarung [The Works Agreement]. IG Metall. 2020.
- ^ Baumann, Helge; Mierich, Sandra; Maschke, Manuela (2018). "Betriebsvereinbarungen 2017 – Verbreitung und (Trend-)Themen" [Works Agreements 2017 – Distribution and (Trend) Topics]. WSI-Mitteilungen (in German). 71 (4). Hans Boeckler Foundation: 317–325. doi:10.5771/0342-300X-2018-4-317. hdl:10419/224233. ISSN 0342-300X.
External
edit- § 76 of the Works Constitution Act (official text)
- Hans Boeckler Foundation – Conciliation Committee (in German)