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The regulation of conflicts in the German industrial relations system: legal and extralegal institutions and procedures

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  • Eva Kocher

    (Assistant Professor of Economics and Politics at Hamburg University)

Abstract

The German law of conflict resolution in labour law distinguishes between legal disputes and regulatory disputes or conflicts of interest. The industrial tribunals have exclusive competence in the resolution of legal disputes; regulatory disputes can be tackled by various out-of-court mechanisms, especially collective disputes at plant level. It would contravene the constitutional principle of free collective bargaining legally to prescribe compulsory conciliation or arbitration in collective bargaining disputes. The fact that individual disputes are referred to the tribunals or courts does not mean, however, that they will necessarily be treated in a legal way and decided and result in a judgment. The tribunals work as active conciliators as well. It is an open political question how mechanisms at plant level can contribute to resolving these kinds of disputes.

Suggested Citation

  • Eva Kocher, 2002. "The regulation of conflicts in the German industrial relations system: legal and extralegal institutions and procedures," Transfer: European Review of Labour and Research, , vol. 8(4), pages 654-669, November.
    • Handle: RePEc:sae:treure:v:8:y:2002:i:4:p:654-669
    DOI: 10.1177/102425890200800405
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