Labour Law and Protection | HEUSER RECHT UND STEUERN
02 • www.heuser.de
The German labour and
employment constitution
consists of many singular
laws. Various attempts to
codify the laws in one act
failed - mainly for political
reasons. The number
of laws has not yet been
counted. Imagine that the
laws do not even cover labour
disputes, strikes and
lockouts.
• Case Law
As a matter of fact, the competent
courts have a tremendous influence
on working relationships. The courts
fill gaps and create case law as well as
legal precedence. Although Germany
is regarded as a country which rules
almost everything in laws and orders,
especially the labour courts can tell a
different story.
• EU Influence
In that context, the influence of the
European Union (EU) needs to be
mentioned. Since Germany is a member
of the EU, regulations, directives or
decisions have either a direct or an
indirect impact on the national German
labour and employment law. However,
the EU law does not substitute the
national German law but prevails it in
many cases.
It is worth to understand the concept of
European legislation, as it was called in
the famous Treaty of Rome. Legislation
is created by regulations, directives or
decisions. Regulations of the European
Council and the European Commission
have general application and are
binding in their entirety. Once they are
adopted by the respective body, they
are automatically part of the national
legal systems of the member states
and do not even require legislative or
administrative implementation. They are
directly applicable.
Directives are made in the name of the EU
and are binding on member states as to
the result to be achieved. It is left to the
national authorities to choose the form
and method of application. A directive
will usually contain a date by which it
must be implemented by appropriate
national legislation.
Decisions of the council and commission
are binding in entirety upon those to
whom they are addressed. A decision
may be addressed to all states, one state
or an individual.
Now and then EU law needs to be
interpreted - this lies in the competence
of the European Court of Justice. Its
judgements cannot be reversed by
legislation, but only by treaty amendment.
The court views on the status and effect
of the treaties and EU legislation are,
therefore, definite statements of EU law.
Obviously, the EU law requires quite a
substantial amount of attention, since
it influences the national German labour
and employment law.
Labour Law