Germany: focus on the election of union representatives in metal firms

Union representatives and WC, two different roles.  There are many of them in businesses, working on a voluntary basis and usually ignored by the public: “Vertrauensleute” are unionists defending their union’s interest on their workplace.  Present in all sectors, they are elected by the employees affiliated with the union concerned.  In metalworking, this election is every 4 years.  In 2008, over 48,000 IG-Metall representatives were elected in over 2,200 businesses.  They are different from EWC members in many ways.  The latter, elected by all the employees, defined the interest of the entire staff against the management, with which they sign, notably, company agreements (see our dispatch No.  100192).  Their rights and obligations are listed in the “Betriebsverfassungsgesetz” (“Act on the Company’s Internal Constitution).  However, the role of the “Vertrauensleute” isn’t determined anywhere.  Their presence in the company is simply protected by Article 9.3 of the Fundamental Law guaranteeing the freedom of association.  “By virtue of this article, the employer cannot discriminate against them or keep them from performing their duties, as long as they take place outside of working hours.  But they are not protected from dismissal as WC members” explained Felix Oelkers, lawyer at the Luther law firm.
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However, the role of the “Vertrauensleute” isn’t determined anywhere. Their presence in the company is simply protected by Article 9.3 of the Fundamental Law guaranteeing the freedom of association. “By virtue of this article, the employer cannot discriminate against them or keep them from performing their duties, as long as they take place outside of working hours. But they are not protected from dismissal as WC members” explained Felix Oelkers, lawyer at the Luther law firm.

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