VI.C Labour Law in Germany

by Christian Darge translated by Andrea Hubalek

​​1. Introduction

Labour law constitutes the special law regulating employees ( Beschäftigte)¹¹Employees and workers are hereinafter collectively referred to as ‚employees'; the term ‚employment law’ is used to describe all laws and regulations applying to employees and workers. and includes all laws and regulations covering employment relationships of persons who work for others.

Labour law is divided into employment law and industrial relations law. Employment law comprises all laws and regulations referring to employment relationships between employers and individual employees, including, but not limited to, the definition, establishment and termination of employment relationships. Industrial relations law covers legal relations between bodies protecting employees in business entities, such as works councils and staff committees (Betriebs- oder Personalräte) and the higher-level organisations, the trade unions, on the one hand, and the employers or their associations ( Arbeitgeberverbände), on the other. Industrial relations law includes, inter alia, collective bargaining law, industrial action law and the law of co-determination. Many areas of employment law and industrial relations law are closely related, so that in order to assess matters and circumstances in labour law we must take into account the statutory provisions of employment law and industrial relations law and contracts.