German Co-determination and Corporate Governance


Book Description

Seminar paper from the year 2008 in the subject Law - Miscellaneous, grade: B+, The University of Hong Kong (Faculty of Law), course: Corporate Governance and Shareholder Remedies, language: English, abstract: In Germany, 'co-determination' has a long tradition. Beginning in the late 19th century, the German co-determination system has been developed over more than 100 years to become one of the most dominant co-determination systems in the world. Employees' co-determination in Germany becomes visible in two different forms: employees' participation in 'works councils' ('Betriebsrat') at establishment level ('betriebliche Mitbestimmung') and labour (employees and trade union representatives) participation in 'supervisory boards' on board level ('Unternehmensmitbestimmung'). German corporate law distinguishes between the 'management board' ('Vorstand/ Geschäftsführung') and the 'supervisory board' ('Aufsichtsrat') ('two-tier boards system' as opposed to the Anglo-American 'one-tier system'). Co-determination on board level refers to the representation of employees on the supervisory board. Depending on the industry, the corporation is operating in and the size of labour force, the supervisory board composes of one third ('third part participation') to half ('parity participation') of employees' representatives. 'Corporate governance', the regulations for legal and actual distribution of management and supervision tasks between the supervisory board, the management board and the shareholders has lead in many countries to the development of codes since the 1990s. Germany also has drawn up a corporate governance code meanwhile - the 'German Corporate Governance Code'. The code builds together with the 'Stock Corporation Act' and the different co-determination acts the legal framework for corporate governance principles in Germany. It aims to make Germany's corporate governance rules transparent for both national and international investors, thus strengthening confi







Co-determination in Germany


Book Description




German Corporate Governance in International and European Context


Book Description

Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics. This second edition is an extensively revised and updated version of the first edition, in particular with a view to the worldwide debt crisis. The authors provide readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe. The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. It also expands the scope of the first edition by a treatment of the German financial sector, global corporate finance and governance, and by including a new chapter on compliance of corporate governance laws, rules and standards in Germany. As far as comparative law is concerned, new developments in the area of corporate governance in the EU, the OECD Principles of Corporate Governance and corporate governance in the US, the UK and Australia are covered. The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.




Co-determination Rights of Employees in the Federal Republic of Germany


Book Description

Report on the codetermination rights of employees in Germany, Federal Republic - examines various definitions of co-determination and its historical evolution, considers its evaluation, efforts to extend it, and international interest and attitudes towards it, and includes comments on co-determination legislation of 1974 and 1976 and probable trends. Bibliography pp. 143 to 164 and references.




Works Councils


Book Description

As the influence of labor unions declines in many industrialized nations, particularly the United States, the influence of workers has decreased. Because of the need for greater involvement of workers in changing production systems, as well as frustration with existing structures of workplace regulation, the search has begun for new ways of providing a voice for workers outside the traditional collective bargaining relationship. Works councils—institutionalized bodies for representative communication between an employer and employees in a single workplace—are rare in the Anglo-American world, but are well-established in other industrialized countries. The contributors to this volume survey the history, structure, and functions of works councils in the Netherlands, Germany, France, Spain, Sweden, Italy, Poland, Canada, and the United States. Special attention is paid to the relations between works councils and unions and collective bargaining, works councils and management, and the role and interest of governments in works councils. On the basis of extensive comparative data from other Western countries, the book demonstrates powerfully that well-designed works councils may be more effective than labor unions at solving management-labor problems.




The Economics of Codetermination


Book Description

Mixing economic theory and empirical analysis, this book tackles the economics and econometrics of codetermination, rooted in the German Mitbestimmung. The core themes are an examination of the theory and practice of co-determination at plant (work councils) and enterprise (worker directors) levels.