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Arbetstagarinflytande och industrial relations i Sverige och Tyskland - En komparativ studie med beaktande av utanförstående arbetstagares ställning

Olenmark, Helena (2008)
Department of Law
Abstract
The policy of the European Union concerning promotion of employment is among other things to support and complement the member states in matters relating to workers' right of participation. For this reason the EU has developed the open method of co-ordination (OMC), which entails a form of cooperation by comparing studies of national systems and exchange of experiences to reach the goals of the union. The purpose of this paper is to compare and analyse worker participation and industrial relations in Sweden and Germany taking unorganised workers and members of minority unions into account. The countries have been selected on the basis of their similar economical level, culture and historical traditions, which gives the opportunity to... (More)
The policy of the European Union concerning promotion of employment is among other things to support and complement the member states in matters relating to workers' right of participation. For this reason the EU has developed the open method of co-ordination (OMC), which entails a form of cooperation by comparing studies of national systems and exchange of experiences to reach the goals of the union. The purpose of this paper is to compare and analyse worker participation and industrial relations in Sweden and Germany taking unorganised workers and members of minority unions into account. The countries have been selected on the basis of their similar economical level, culture and historical traditions, which gives the opportunity to maintain certain factors constant and thereby analyse differences deeper. The countries differ concerning industrial relations which makes it interesting to analyse the rules regarding worker participation. Sweden industrial relations system is established as a single-channel system with unions representing workers while the German industrial relations system is established as a dual-channel system with both unions and works councils representing the labour force. The theory of industrial relations has been chosen as a starting point for this paper. This theory involve that the ideology and the actors of the industrial relations system are identified and that the interplay between the actors are studied at different levels of the system, the level of decision-making power, the level of collective agreement and the company level. Furthermore, a historic background is portrayed in order to reach a better understanding of industrial relations in the countries and EU. Worker participation is described and analysed through the right of the employee representation, unorganised workers and members of minority unions to information, consultation and co-decision in management matters. By way of conclusion, a comparative analyse is undertaken of the countries industrial relations systems and rules regarding worker participation in the light of EU-law. It appears from the comparison that the countries differ in some aspects, not only concerning the structure of the system of industrial relations. Germany has set up requirements for unions to qualify as unions in the context of labour law and thereby obtain law-given rights and duties. However, as most important the difference emerges on how to designate representatives for the employee representation in the two countries. In more exact terms who is entitled to appoint employees to the employee representation and which employees can be designated to become such a representative. From an analysis of the Swedish rules concerning workers participation is also concluded that the Swedish rules are not in accordance with EU-law and therefore must be adapted. These two findings relate to the industrial relations system as well as to the rules of worker participation and the position of unorganised workers and members of minority unions. (Less)
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author
Olenmark, Helena
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Arbetsrätt, EG-rätt, Komparativ rätt
language
Swedish
id
1560892
date added to LUP
2010-03-08 15:55:27
date last changed
2010-03-08 15:55:27
@misc{1560892,
  abstract     = {The policy of the European Union concerning promotion of employment is among other things to support and complement the member states in matters relating to workers' right of participation. For this reason the EU has developed the open method of co-ordination (OMC), which entails a form of cooperation by comparing studies of national systems and exchange of experiences to reach the goals of the union. The purpose of this paper is to compare and analyse worker participation and industrial relations in Sweden and Germany taking unorganised workers and members of minority unions into account. The countries have been selected on the basis of their similar economical level, culture and historical traditions, which gives the opportunity to maintain certain factors constant and thereby analyse differences deeper. The countries differ concerning industrial relations which makes it interesting to analyse the rules regarding worker participation. Sweden industrial relations system is established as a single-channel system with unions representing workers while the German industrial relations system is established as a dual-channel system with both unions and works councils representing the labour force. The theory of industrial relations has been chosen as a starting point for this paper. This theory involve that the ideology and the actors of the industrial relations system are identified and that the interplay between the actors are studied at different levels of the system, the level of decision-making power, the level of collective agreement and the company level. Furthermore, a historic background is portrayed in order to reach a better understanding of industrial relations in the countries and EU. Worker participation is described and analysed through the right of the employee representation, unorganised workers and members of minority unions to information, consultation and co-decision in management matters. By way of conclusion, a comparative analyse is undertaken of the countries industrial relations systems and rules regarding worker participation in the light of EU-law. It appears from the comparison that the countries differ in some aspects, not only concerning the structure of the system of industrial relations. Germany has set up requirements for unions to qualify as unions in the context of labour law and thereby obtain law-given rights and duties. However, as most important the difference emerges on how to designate representatives for the employee representation in the two countries. In more exact terms who is entitled to appoint employees to the employee representation and which employees can be designated to become such a representative. From an analysis of the Swedish rules concerning workers participation is also concluded that the Swedish rules are not in accordance with EU-law and therefore must be adapted. These two findings relate to the industrial relations system as well as to the rules of worker participation and the position of unorganised workers and members of minority unions.},
  author       = {Olenmark, Helena},
  keyword      = {Arbetsrätt,EG-rätt,Komparativ rätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Arbetstagarinflytande och industrial relations i Sverige och Tyskland - En komparativ studie med beaktande av utanförstående arbetstagares ställning},
  year         = {2008},
}