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The effectiveness of codetermination laws in cooperative and adversarial employment relations: When does regulation have bite?


Backes-Gellner, Uschi; Mohrenweiser, Jens; Pull, Kerstin (2015). The effectiveness of codetermination laws in cooperative and adversarial employment relations: When does regulation have bite? Economic and Industrial Democracy, 36(2):215-238.

Abstract

The German Codetermination Law grants workers of establishments with 200 or more employees the right to have a works councillor who is fully exempted from his or her regular job duties while still paid his or her regular salary. We analyse theoretically and em-pirically how this de jureright to exemptions translates into de facto practice, and we explic-itly take into account the nature of the employment relations participation regime. We find that the right of exemption has no effect in cooperative employment relations because ex-emptions are granted even in the absence of legal rights, but does make a difference in ad-versarial relations when exemptions are only granted above the threshold where legal rights force employers to do so, i.e., legal rights do make a decisive difference in exactly those sit-uations when the legislators’ intent would not be realised without the right to legal enforce-ment.

Abstract

The German Codetermination Law grants workers of establishments with 200 or more employees the right to have a works councillor who is fully exempted from his or her regular job duties while still paid his or her regular salary. We analyse theoretically and em-pirically how this de jureright to exemptions translates into de facto practice, and we explic-itly take into account the nature of the employment relations participation regime. We find that the right of exemption has no effect in cooperative employment relations because ex-emptions are granted even in the absence of legal rights, but does make a difference in ad-versarial relations when exemptions are only granted above the threshold where legal rights force employers to do so, i.e., legal rights do make a decisive difference in exactly those sit-uations when the legislators’ intent would not be realised without the right to legal enforce-ment.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:03 Faculty of Economics > Department of Business Administration
Dewey Decimal Classification:330 Economics
Scopus Subject Areas:Social Sciences & Humanities > General Business, Management and Accounting
Social Sciences & Humanities > Strategy and Management
Social Sciences & Humanities > Organizational Behavior and Human Resource Management
Social Sciences & Humanities > Management of Technology and Innovation
Language:English
Date:30 May 2015
Deposited On:23 Aug 2019 13:05
Last Modified:16 Apr 2020 00:05
Publisher:Sage
ISSN:1461-831X
OA Status:Closed
Free access at:Publisher DOI. An embargo period may apply.
Publisher DOI:https://doi.org/10.1177/0143831X13501002
Other Identification Number:merlin-id:8626

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