Complex Employment Structures in Germany

Abstract

Abstract This chapter presents a comparative exploration of the scope of employment regulation in multilateral structures under German law, particularly as regards the situation in corporate groups (the Konzern). It traces the evolution of a body of law at the intersection of company law and employment law, aimed at ensuring worker involvement throughout the enterprise as well as at the group level (codetermination, or Mitbestimmung), and explains the detailed operation of their different legal mechanisms. The comparative excursus concludes that any successful reconceptualization does not necessarily need to identify identical employers in different domains of labour law; that the unitary concept is particularly problematic insofar as it leads to rigidly formalistic outcomes; and that a reconceptualization needs to strive for a careful balance between overall coherence and flexibility, avoiding a radical departure from existing frameworks whilst at the same time remaining adaptable to future doctrinal development.

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