The effectiveness of labour law: reflections based on the German experience

Abstract

Purpose

The purpose of this paper is to reflect on the effectiveness of labour law based on the experience of Germany.

Design/methodology/approach

The article provides an analysis of the factual impact of labour law in Germany.

Findings

Different subsystems – as are labour administration, labour court system, works council system, collective bargaining system and individual labour law protection – show deficiencies of factual implementation which are inherent to the structure of these subsystems and not easily to be changed. The most problematic area are small and medium‐sized enterprises where to a great extent works councils as internal monitors do not exist.

Originality/value

The paper offers some randomly selected examples to illustrate the problems at stake.

Citation

Weiss, M. (2006), "The effectiveness of labour law: reflections based on the German experience", Managerial Law, Vol. 48 No. 3, pp. 275-287. https://doi.org/10.1108/03090550610674644