Multinational corporations and the blocking of trade unions in Germany

IF 2 Q3 BUSINESS

Critical Perspectives on International Business Pub Date : 2024-02-28 DOI:10.1108/cpoib-02-2023-0012

Helene Langbein

{"title":"Multinational corporations and the blocking of trade unions in Germany","authors":"Helene Langbein","doi":"10.1108/cpoib-02-2023-0012","DOIUrl":null,"url":null,"abstract":"<h3>Purpose</h3>\n<p>This study aims to analyze the effect the liberalization of industrial relations in Germany has had on trade unions’ influence on companies’ decisions. Particular attention is given to European measures of flexibilizing company law and how they affect industrial relations in Germany.</p>\n<h3>Design/methodology/approach</h3>\n<p>After presenting a theoretical basis regarding industrial relations and corporate governance, the paper then demonstrates, via a case study, the effects of the flexible European company law. It examines the strategic avoidance of trade union activity at SAP, a case that ended up before the European Court of Justice.</p>\n<h3>Findings</h3>\n<p>The flexibility of European company law allows companies to limit the influence of trade unions on company decisions. Limiting trade unions' internal participation weakens their position overall. Precautionary measures to protect employees’ rights help to reduce the dangers of this process.</p>\n<h3>Originality/value</h3>\n<p>The influence of European law brings a new perspective to the transformation of the German industrial relations model. The analysis of the strategy of using the legal type of the European company (Societas Europaea) to limit the internal activity of trade unions demonstrates the connection between institutional settings and corporate governance.</p>","PeriodicalId":46124,"journal":{"name":"Critical Perspectives on International Business","volume":null,"pages":null},"PeriodicalIF":2.0000,"publicationDate":"2024-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Critical Perspectives on International Business","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/cpoib-02-2023-0012","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}

引用次数: 0

Abstract

Purpose

This study aims to analyze the effect the liberalization of industrial relations in Germany has had on trade unions’ influence on companies’ decisions. Particular attention is given to European measures of flexibilizing company law and how they affect industrial relations in Germany.

Design/methodology/approach

After presenting a theoretical basis regarding industrial relations and corporate governance, the paper then demonstrates, via a case study, the effects of the flexible European company law. It examines the strategic avoidance of trade union activity at SAP, a case that ended up before the European Court of Justice.

Findings

The flexibility of European company law allows companies to limit the influence of trade unions on company decisions. Limiting trade unions' internal participation weakens their position overall. Precautionary measures to protect employees’ rights help to reduce the dangers of this process.

Originality/value

The influence of European law brings a new perspective to the transformation of the German industrial relations model. The analysis of the strategy of using the legal type of the European company (Societas Europaea) to limit the internal activity of trade unions demonstrates the connection between institutional settings and corporate governance.

查看原文本刊更多论文

跨国公司与德国工会的阻挠

本研究旨在分析德国劳资关系自由化对工会影响公司决策的影响。在介绍了劳资关系和公司治理的理论基础后，本文通过案例研究展示了灵活的欧洲公司法的影响。研究结果欧洲公司法的灵活性允许公司限制工会对公司决策的影响。限制工会的内部参与会削弱其整体地位。欧洲法律的影响为德国劳资关系模式的转变带来了新的视角。通过分析利用欧洲公司（Societas Europaea）这一法律类型来限制工会内部活动的策略，展示了机构设置与公司治理之间的联系。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Critical Perspectives on International Business BUSINESS-

CiteScore

4.20

自引率

15.00%

发文量

期刊介绍： In recent years, the business practices and management philosophies of global enterprises have been subject to increasingly close scrutiny by commentators in the fields of journalism and academia. Such scrutiny has been motivated by a growing desire to examine the nature of globalisation, its impact on specific communities and its benefits for society as a whole. Coverage includes, but is not restricted to, issues of: ■Globalization ■Production and consumption ■Economic change ■Societal change ■Politics and power of organizations and governments ■Environmental impact