Differences in Labour Law Between Germany and Austria PDF Download

Author: Thomas Huber
Publisher:
ISBN: 9783689044947
Category :
Languages : en
Pages : 0

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Author: Klaus Degenhardt
Publisher: BoD – Books on Demand
ISBN: 3689047889
Category : Law
Languages : en
Pages : 210

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Book Description
There are significant differences between labour law in Germany and France that affect both employees and employers. In Germany, labour law is strongly influenced by the principles of the welfare state. It places particular emphasis on the protection of employees, especially through comprehensive co-determination rights of works councils and strict regulation of dismissals. The Dismissal Protection Act ensures that employees can only be dismissed under certain conditions, which guarantees a high level of job security. In addition, collective labour agreements are widespread in Germany and offer additional protection mechanisms. In France, on the other hand, labour law is more centralised and state-controlled. The ‘Code du Travail’ regulates many aspects of working life and provides for strict regulations in some areas, such as working hours and the minimum wage. French labour law is characterised by a high degree of state intervention, which is reflected in the traditionally high importance of trade unions and industrial action. The regulations on the dismissal of employees are also strict, but more flexible compared to Germany, especially after the labour law reforms under President Macron. These differences in labour law reflect the different historical, social and political developments in the two countries. While the principle of social partnership and decentralisation is paramount in Germany, French labour law is characterised by strong state regulation and centralism. An understanding of these differences is essential for companies and professionals operating in both countries in order to correctly fulfil the respective labour law requirements and avoid conflicts.

Author: Olivia Homolatsch
Publisher: GRIN Verlag
ISBN: 3640159330
Category : Law
Languages : en
Pages : 31

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Master's Thesis from the year 2007 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Gut, University of Amsterdam (Labour Law), course: International Labour Law, language: English, abstract: Agency work is an embodiment of the ‘Flexicurity’ – issue: It is flexible due to its uncomplicated usage and fast availability in companies, but it is strictly regulated in order to provide sufficient security for the workers employed. It was created by the demand in the market for a more flexible method of utilization of the available of workforce, but the need to provide for security of the employee especially in this form of work was always recognized by the trade unions. Formerly called a ‘modern form of slave work’ it is now recognized as legal and its necessity is not anymore contested. The share of temporary work in Europe saw a growth of 10% between 1991 and 1998 and it is believed to continue to grow. In the overall employment its share is still small: in 1998 a mere 1.4% of the total employment in Europe was agency work, but its dynamics and fluctuation of workforce makes it an important factor in the labour market. Agency work is an important part of the European labour policy as the Social Agenda recommended stimulating the creation of quality jobs, diversifying forms of employment and reconciling flexibility and security. Agency work is not equally spread in Europe: Around 80% of its workforce is employed in 4 countries: the Netherlands, France, Germany and the UK. The methods of regulation of agency work differ considerably between the Member States: Germany and Austria have specific definitions of and regulations for temporary work which mainly cover the relationship between the three partners. Denmark, the role model in terms of ‘Flexicurity’, only has a limited regulation while France, Italy, Belgium et al. have regulated agency work in detail covering not only the relationship but also the status of temporary workers. All over Europe different strategies have been employed to regulate this type of atypical work providing for more or less flexibility or security. On the European level a directive has been drawn up, that provides for significantly less protection than granted in Germany and Austria. The first intentions to regulate the matter are found in the 1980ies.

Author: International Labour Office
Publisher:
ISBN:
Category : Agricultural laborers
Languages : en
Pages : 68

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Author: Jens Kirchner
Publisher: Springer
ISBN: 3662555972
Category : Law
Languages : en
Pages : 424

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This book provides practical, business-orientated and accessible guidance on key aspects of German employment and labour law as well as adjoining fields. This second, completely revised edition presents the latest changes in German labour and employment law and jurisprudence. It covers, amongst other newer developments, the statutory minimum wage, changes in agency work, extensive changes in European and German employee data protection law, and includes a completely new chapter on compliance issues in the employment context. Specialised lawyers with many years of experience explain the legal basis of these aspects of German law, highlight typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimise risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany.

Author: Rebecca Zahn
Publisher:
ISBN: 9781108222334
Category : LAW
Languages : en
Pages :

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"The enlargement of the EU in 2004 and 2007 has led to greatly increased free movement of workers from 'new' to 'old' Member States. The unprecedented scale of this migration has had a profound impact on the regulation of labour law in Europe. This book compares the ways trade unions have responded to the effects of the enlargements, and in particular to the increased migration of workers across borders. It undertakes a contextualised comparison of trade union responses in Austria, Germany, Ireland, Sweden and the UK and examines the relationship between trade unions and labour law at a national and European level. This analysis indicates the kinds of laws that would benefit trade unions at a national and European level. Finally, the book illustrates how trade unions can use law to better respond to changing regulatory and opportunity structures"--

Author: Bernd Waas
Publisher: Bloomsbury Publishing
ISBN: 1509912428
Category : Law
Languages : en
Pages : 875

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Book Description
The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law. Assistant Editors: - Marta Otto - Effrosyni Bakirtzi

Author: Manfred Weiss
Publisher: Kluwer Law International B.V.
ISBN: 9041127933
Category : Law
Languages : en
Pages : 278

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Book Description
Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.

Author: Rebecca Zahn
Publisher: Cambridge University Press
ISBN: 1107037336
Category : Law
Languages : en
Pages : 377

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Book Description
This book compares the ways in which trade unions in five EU member states have responded to increased migration.

Author: U. Muehlberger
Publisher: Springer
ISBN: 0230288782
Category : Business & Economics
Languages : en
Pages : 229

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Book Description
This book investigates work relationships on the border between employment and self-employment. Bringing together economic, sociological and legal research approaches, it analyses why firms deploy dependent self-employed workers, why individuals supply this form of work and by which informal and formal mechanism dependency is created.