scholarly journals El Comité de Empresa Europeo como instrumento de participación de los trabajadores a nivel supranacional

2008 ◽  
pp. 25
Author(s):  
Henar Álvarez Cuesta
Keyword(s):  
Works Council ◽  
Central Management

La Directiva 94/45/CE del Consejo, de 22 de septiembre, traspuesta por la Ley 10/1997, de 24 de abril, trata de mejorar los derechos de información y consulta de los representantes a nivel de empresa o grupo de empresas de dimensión comunitaria y garantizar el acceso de los representantes de los trabajadores a los verdaderos centros de decisión. Los empresarios y trabajadores afectados tienen la facultad, previa una fase de negociación de constituir un organismo específico de representación (comité de empresa europeo) o fijar como mecanismo alternativo el ejercicio de los derechos de información y consulta fuera del citado comité.<br /><br />The Directive 94/45/CE, 22 of September, transposed by Ley 10/1997, 24 of April, looks for increase the rights of information and participation of the workers. The companies and the employees can establish, first, they have to negotiation, a European Works Council or a procedure for informing and consulting employees in every Community-scale undertaking and every Community-scale group of undertakings, following agreement between the central management and a special negotiating body.

Multinationals from the BRIC-countries investing in German firms: Impacts on industrial relations

2020 ◽  
Vol 27 (1-2020) ◽  
pp. 3-18
Author(s):  
Martin Franz ◽  
Sebastian Henn
Keyword(s):  
Current System ◽  
Industrial Relations ◽  
Industrialized Countries ◽  
Bric Countries ◽  
Social Standards ◽  
Target Firms ◽  
Patterns Of Communication ◽  
Run Up ◽  
Works Council ◽  
India And China

Often, investments from emerging economies in firms in industrialized countries evoke concerns among the employees in the targeted firms. Many of them are afraid of losing their jobs, or fear that the new owners could undermine existing social standards. Up to now, little is known about how such investments affect industrial relations in targeted countries. Using the example of investments from the BRIC-countries (Brazil, Russia, India and China) in German firms, this paper analyses whether employees’ fears are well founded. To this end, four different factors are considered. These include: (1) the situation of the target firms in the run-up to an acquisition and the employees’ reactions to the takeover, (2) the investors’ knowledge of the current system of industrial relations, (3) the day-to day interactions with the new owners, and (4) the patterns of communication between works council representatives and the new owners. The empirical part of the article is based on an analysis of quantitative data as well as the application of problem-centered interviews with members of work councils, trade union representatives as well as managers.

The Value of Information in the Hold-Up Problem

2004 ◽  
Vol 5 (2) ◽  
pp. 177-203 ◽  
Author(s):  
Thomas Pfeiffer
Keyword(s):  
Information System ◽  
Information Structure ◽  
Value Of Information ◽  
The Other ◽  
Information Control ◽  
Ceteris Paribus ◽  
Head Office ◽  
Specific Investments ◽  
Negative Effect ◽  
Central Management

Abstract In the literature, the information structure of the hold-up problem is typically assumed to be exogenous. In this paper, we introduce an additional stage at which the head office may grant individual divisions access to an information system before they undertake their specific investments. Although more information ceteris paribus enhances each divisions’ profits, more information can reduce divisions’ investments and destroy synergies for the other division that would have been generated by the investments. If this negative effect dominates, then information can be harmful for the entire company. Hence, information control can be a subtle force to deal with the hold-up problem to a certain extent. In this paper we analyze those conditions under which information is either harmful or beneficial for central management.

The Works Council: A German Experiment of Industrial Democracy

1929 ◽  
Vol 34 (2) ◽  
pp. 346
Author(s):  
John R. Commons ◽  
C. W. Guillebraud
Keyword(s):  
Industrial Democracy ◽  
Works Council

Datenschutzverstöße des Betriebsrats

2021 ◽  
Author(s):  
Lenas Tilman Götz
Keyword(s):  
Data Protection ◽  
Case Law ◽  
Considerable Importance ◽  
Eu Law ◽  
Daily Work ◽  
Numerous Data ◽  
Works Council ◽  
Liability Risks ◽  
Personal Liability ◽  
Responsible Party

The work takes a comprehensive look at the possible liability in the event of data protection violations by the works council or by individual works council members. The question is of considerable importance in practice because works councils have to deal with numerous data in their daily work. In addition, a personal liability of works council members is possible - even in spite of the alleged clarification in the context of § 79a sentence 2 BetrVG. After a fundamental discussion of the question of whether the works council can be the responsible party within the meaning of Article 4 No. 7 of the GDPR, the work deals with the admissibility of Section 79a sentence 2 of the BetrVG under EU law. The author comes to the conclusion that § 79a S. 2 BetrVG is not compatible with the requirements of EU law and may not be applied due to this illegality of EU law. Existing case law is also comprehensively evaluated in the process.Subsequently, all liability facts of the German Civil Code (BGB) as well as of the GDPR are illuminated. Finally, possible liability risks for employers are discussed. Due to numerous practical examples, the work is ideally suited for practitioners.

scholarly journals Central Protectionism in China: The “Central SOE Problem” in Environmental Governance

2017 ◽  
Vol 231 ◽  
pp. 685-704 ◽  
Author(s):  
Sarah Eaton ◽  
Genia Kostka
Keyword(s):  
Electricity Generation ◽  
Environmental Governance ◽  
Oil And Gas ◽  
Governance System ◽  
Central State ◽  
Environmental Guidelines ◽  
Regulatory Capacity ◽  
National Champions ◽  
Central Management ◽  
Regulatory Challenges

AbstractThis article examines the so-called “central State Owned Enterprise (SOE) problem” in China's environmental governance system, namely central SOEs' defiance of environmental regulation. We present evidence showing that, in the last decade, central SOEs have been the source of a large number of serious pollution incidents and have often failed to comply with environmental guidelines and regulations. Central SOEs in the electricity generation and oil and gas industries are particularly culpable, with six firms alone accounting for 62 per cent of all 2,370 reported violations (2004–2016). We argue that a combination of “central protectionism” of state-owned national champions and insufficient regulatory capacity in the environmental bureaucracy have provided state firms under central management with both incentives and opportunities to shirk on environmental regulations. Yet, while the institutions of central protectionism are deeply rooted, countervailing forces within the complex Chinese state are also gaining momentum. In spite of the considerable regulatory challenges, officials in the environment bureaucracy display increasing resolve and ingenuity in trying to strengthen their enforcement capacity.

Resources of the European Works Council — empirical knowledge and prospects

1999 ◽  
Vol 5 (3) ◽  
pp. 278-301 ◽  
Author(s):  
Wolfgang Lecher
Keyword(s):  
Collective Identity ◽  
Industrial Relations ◽  
European Identity ◽  
Empirical Knowledge ◽  
Four Dimensions ◽  
Development Stages ◽  
Ability To Act ◽  
Metalworking Industry ◽  
Works Council ◽  
Development Paths

There typical EWC development paths can he singled out. To a certain extent these paths already exist. They can also he described as development stages of individual EWCs: the EWC with an exclusively national frame of reference: the EWC which is taking on an international quality, but focusses on the industrial relations within the parent company's country: the EWC deliberately working to develop a supranational collective identity with a European underpinning amongst members tending towards equality. Four dimensions can be analytically distinguished in this regard: time, money, information and power. The better the EWC can equip itself in terms of these four “claims”, the greater is the chance of developing a European identity and ability to act effectively. Naturally, the reverse is also true. The four claims are here differentiated in relation to EWCs, based on empirical knowledge mainly derived from two projects in which the author was or is a participant. As examples, the cases of Hoechst (chemical industry), Schmalbach-Lubeca (metalworking industry), AXA/UAP (insurance) and Kredietbank (baiting) are succinctly described. The evaluation looks selectively at a few other relevant empirical project results without detailed substantiation. The results are generalised in terms of a “good EWC practice”. The final part deals with the main subjects of the forthcoming revision of the EWC Directive, which focuses on improvement of the four main claims of EWCs' resource situation.

scholarly journals Operation and Role of the Operative Body of the Hungarian Prison Service Headquarters in the Fight Against Covid-19 Epidemic

2021 ◽  
Vol 69 (5. ksz.) ◽  
pp. 184-201
Author(s):  
János Schmehl
Keyword(s):  
Mortality Rates ◽  
The Government ◽  
Central Management ◽  
Insight Into

During the coronavirus pandemic the Hungarian Prison Service had to introduce measures that were unknown for the service previously and which had a significant impact on the daily duty of the staff. To adapt measures taken by the government for the prison service, the pandemic risks occurring during the special activities had to be modelled. The Operational Body built-up and operated in the Hungarian Prison Service Headquarters took several measures that ensured the framework of rules needed for successful protection. The virus could not enter the Hungarian prisons during the first wave and later on the statistics show more favorable infection and mortality rates among the inmates than in civil life. The current study presents the strategy of defense and the method of central management, as well as provides insight into the background of the decisions made.

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