Services

Industrial relations

We advise employers on relations with trade unions and works councils, with particular focus on:

• consultations concerning collective bargaining and by-laws, and procedures for amending by-laws,
• consultations with trade unions on issues relating to mass redundancies and transfer of an employment establishment,
• disclosure to and consultations with a works council,
• collective disputes,
• the data and information for which there is a disclosure requirement towards trade unions / work councils,
• the special protection afforded union representatives and community labour inspectors,
• the issue of paid time off for trade union duties,
• election of European Works Council representatives.

Main information:

• A trade union is formed by way of a resolution adopted by a minimum of ten people entitled to form trade unions.
• Laws on works councils are applicable to employers conducting business activity of a headcount of 50 or more employees.
• Without the consent of the management committee of a trade union, an employer may not serve notice of termination or dissolve a legal relationship with a company trade union member named in a management board resolution or other person in gainful employment who is a member of that company trade union if that person has authority to represent that trade union in relations with the employer or managing body, or person performing labour law duties for the employer, or unilaterally modify employment conditions or salary in a manner detrimental to that union representative, except in cases of declaration of bankruptcy or liquidation, or where permitted under other laws.
• A strike is declared at a company by a union organisation if a majority of employees voting in a ballot vote in favour, and providing that a minimum of 50% of the establishment’s employees vote in the ballot.
• Remuneration by-laws are specified by the employer, but if there is a union organisation at the employment establishment, the employer draws up the remuneration by-laws in consultation with the union organisation.
• Policies on use of the company social benefit fund, such as allocation of funds for particular goals and types of activity, are determined by the employer in by-laws in consultation with the company union organisation. Payments from the fund are made in consultation with the company union organisation.
• By-laws on awards and bonuses are determined and amended in consultation with the company union organisation.