give more and more companies in Germany, a foreign legal form. This is another building block to slash operating rights to participation.
workers rights can undermine not only security can also be resourceful companies simply bypass. For example, by a foreign legal form is, do not apply to the German law of codetermination. A study by the Hans Böckler Foundation has, according to this strategy of avoidance increased workers' rights in recent years. Thereafter, the number of Germany-based company with 500 employees who are foreign and have no legal form of worker participation on supervisory boards, in the last four years increased significantly - from 17 in early 2006 to 37 in late 2009.
measured by the total number of 2 200 companies of this size, the subject actually the legal determination, which is still not a very large number "But the legal loophole is in itself a problem that every case that comes to is larger, "Sebastian Sick criticized by the Böckler Foundation this trend.
here with German-based corporations legal status and more than 2 000 employees must co-determination in accordance with the law half of their board positions filled with employee representatives. For limited companies (AG) and limited liability company (GmbH), which has more than 500 but less than 2 000 employees have, subject to a third parity: One third of the Supervisory Board must be exercised by a representative of the employees.
has however allowed the always market-oriented and investor-friendly European Court of Justice to promote the internal market a derogation, extends the possibility of Germany-based company also choose a legal form, as used in other EU countries. The German co-determination does not apply to them. "Your employees must refrain from participation rights that are granted in comparable companies with purely German legal form," complained the Böckler Foundation. As most prominent examples, the authors of the study, the airline Air Berlin, the drugstore chain Müller, the logistics company Dachser and the German subsidiary of the fast food chain McDonald's.
The choice of a foreign legal form justify the company, according to the Böckler Foundation, usually with a "Easier coordination" of their international activities. According to estimates by researchers at the DGB-affiliated foundation piling up but obviously cases in which companies deal, the German co-determination laws to get rid of control by employee representatives want.
For example, the Chief of Air Berlin, Joachim Hunold, have explicitly mentioned this goal. Now this is just not like a blank slate, as regards the fight against trade unions and employee participation. Hunold, the daily mirror in a portrait of his person of 13 March 2006, "hates unions, called their representatives> hardliners' and polemic against the participation at every opportunity. There is not, it works. "because the employees of Air Berlin are set by the region in other small companies dissected subsidiary Cabin and Handling Services. Sun deal Hunold participation - a system that has since found many imitators. The unions accuse Air Berlin to demand that employees on long working hours and to give them too many breaks. Air Berlin prevails a climate of pressure and anxiety, was therefore also related to hear from the people little to do with the trade union and anti-labor policies of the company.
The German subsidiary of the Swedish textile group H & M accuse the authors of the Böckler Foundation, have changed the legal form just at the time when the councils were trying to enforce a so-called co-determined supervisory board. And here we are dealing only with a further milestone in a lengthy dispute over the enforcement of minimum standards of worker participation. "In the fashion chain Hennes & Mauritz is hampered the participation of training employees." The Swedish company is also holding offices in Germany not to laws, collective agreements and employment protection measures in 2008, told a representative of Verdi ZDF magazine "Frontal 21". Meanwhile, the strategy has differentiated the management obviously. Where there are already works, will now be attempting to provide "appropriate" in this hineinzuhieven employees and employers for a friendly employee representation. For start-ups of works, however, is still blocked, bullied and tricked up the initiators become friable or are terminated.
more companies that undermine the assumption of a foreign legal form of co-determination on supervisory boards are laid, the fashion chain Esprit and forwarding Kuehne + Nagel, as the study of Böckler Stifung. You are one of those partnerships, in which a foreign company is a shareholder. This ability to bypass the determination, there is, however, since the existence of co-determination law. Other companies in this category are the drugstore chain Müller and United Parcel Service (UPS) with 16 500 and 14 000 employees.
The Hans Böckler Foundation calls in terms of foreign legal forms of local companies a change in the law and refers to the report presented in 2006 a government commission for participation. Even then, the phenomenon is critical of the Commission under the leadership of the CDU politician Kurt Biedenkopf been evaluated. "Therefore, the policy is not a statutory scheme" to wait any longer, calls for the Böckler Foundation. In 2006 the same authors, however, had rather tried to reassure. Of escape from the co-determination could be no question, but also prevailed before top management at a high level of acceptance. This cautious approach may, however, to have been tactically motivated to create a bad mood. Total
has worsened the situation of workers operating contractor representatives dramatically in recent years. Thus, there are fewer companies with selected works: Only 45 percent of wage earners in Western Germany work in a company with the works. 1993, there were still 51 percent. In East Germany, the proportion of only 38 percent. In the private sector such gaps and the union-free rooms are just been huge in the service sector. At the same time prevents the entrepreneur's more often the choice of a works council with direct pressure on the employees involved.
The fact that a growing employer-friendly law now also made the Bagatellkündigung has become a means that can be uncomfortable with the staff and create works from the neck, this expression is increased situational awareness. Who wants to establish a works council today and with this longer intends, as about the venue for the next Christmas party a say that often need a pretty thick skin and a capable and militant trade union in the back. All too often it is not much available.
Having to defend themselves against the attacks on the co-determination is likely to be controversial, at least in leftist circles. However, it is entirely appropriate to point out the double standards of this institutionalized and frozen form of class conflict. Works councils and workers' representatives on supervisory boards to represent a historic by the labor movement fought for restrictions on the power differential in labor relations. At the same time But they are - as they are used - mainly institutions of representation and cooperation with the smooth integration of the wage earners should be ensured in the production. And it has indeed a certain logic, if the DGB and the Böckler Foundation constantly point out in their publications, such as location-beneficial and profitable is the co-determination, particularly for the employers. "Participation provides tangible economic benefits and is an advantage for German companies", such as the DGB campaigned in 2006 on a special page to 30 years Co-Determination Act. This claim is certainly supported by relevant studies.
is particularly problematic is the role of employee representatives on the boards. From telecom strike 2007 until the Opel crisis has also in recent years shown in shocking clarity that unionists occur in consolidated supervisory boards as loyal backers of the management and relatively successful attempt to make the interests of their trade union base tasty. In the case of Opel Supervisory Board and the General Chairman Klaus Franz was even at times a sort of unofficial spokesman for Opel of Germany, who acted in place of the submerged location management as a defender, always the company's interests in mind. The jobs are still gone.
Published in: Jungle World, 15 Cut to April 2010
http://jungle-world.com/artikel/2010/15/40726.html
After three great days of holiday in Singapore and the promising announcements of Mark (I do not know what was about to take them seriously), I can confirm now that it's really nice here. In the statement, "The people there are all so nice," I just could not imagine anything. Now I know that you are involved already at the airport from the guy at passport control in a personal interview and left the supermarket is the only not quite as unripe avocado gets without a single negative remark falls.
We live in a nice hostel with lovely Veranda in the most stylish part of town and overlooking the city skyline. Have a look around us today in Auckland, solar tank, bought sensible outdoor clothes in Kathmandu and are set on the ferry to Devonport, to sit and watch from there back to Auckland.
Christine 
