Behrens, Martin
: The new German Works Constitution Act in Practice
This contribution discusses the laws and structures on which works councils are based and analyses the impact of the reform of the Works Constitution Act on co-determination practices at the establishment level. In analysing the results of the 3rd WSI Works- and Staff Councils Survey 2002, the author finds a high acceptance of the new election procedures of the Works Constitution Act among the responding works councillors. Contradicting the bold critique by employers' representatives, a considerable number of companies apply the new election rules on a voluntary basis. The analysis also reveals that many employers release more works councillors from work to perform their duties than required by law. On the other hand, a notable number of works councils report that they release fewer of their members from work than they would be entitled to. In addition to the rights and structures provided by law, the effectiveness of codetermination is also determined by social relations at the establishment level. While in the majority of cases surveyed, co-operative relations between works councils and employers prevail, the situation appears to be more conflictual in the area of small and medium -sized companies.
