Arbeitsrecht: Betriebsrat als Standortrisiko – Arbeitgeber fordern Reform
Vom Software-Update bis hin zur Umstellung der Produktion redet der Betriebsrat mit. Das bremst den Strukturwandel und wirft Deutschland im Wettbewerb zurück, warnen die Arbeitgeber im BDA.
In a recent development in German labor law, the Association of German Employers (BDA) has called for reforms to the Betriebsverfassungsgesetz, which governs the relationship between employers and works councils. The BDA argues that the extensive participation and consultative rights granted to works councils are no longer suitable for today's times.
According to the BDA, works councils often impede business decisions or stand in the way of profound structural changes. For instance, when an employer wants to introduce new software into a company, they may have to navigate a lengthy co-determination process, even though the technical implementation could be completed overnight.
BDA President Rainer Dulger emphasizes that these delays not only harm businesses but also hinder transformation and innovation. While the BDA acknowledges that works councils should contribute the interests of employees to decision-making processes, it maintains that they are not co-managers. To address these issues, the BDA commissioned a study from labor law professors Richard Giesen, Felix Hartmann, and Christian Picker to explore ways to modernize the Betriebsverfassungsgesetz, which has been largely unchanged since 1952 and was only recently revised in 2021.
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