6 research outputs found
Rechtliche, steuerliche, soziale und administrative Hindernisse fur die Entwicklung ortlicher Beschaftigungsinitiativen. Band II: Fortführung von Krisenunternehmen durch die Belegschaften. Forschungs- und Aktionsprogramm zur Entwicklung des Arbeitsmarktes = Legal, fiscal, social and administrative obstacles to development of local employment initiatives. Volume II: Continuation of distressed companies by staff. Research and action program for the development of the labor market. Labor Law Collection
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Lay and professional judges in Europe’s labour courts: does the professional judge dominate?
Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focusing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, while others observed that some professional judges were more inclusive than others
Fairness-control of Dismissals by Labour Courts - Legal Conception and Practical Effects
The highly controversial debate in Germany on the relationship between labour law and labour market has put labour courts in the front line of criticism. They are being blamed mainly for cultivating a fanciful and biased making of law in favour of dismissed employees rendering the outcome of dismissal decisions for employers unforeseeable and, due to the allegedly almost automatic attribution of severance payments, unnecessarily expensive. Given these legals risks, critics argue, employers would refrain from recruiting new employees and would, therefore, not sufficiently contribute to the reduction of mass unemployment. Apart from the lack of any serious empirical confirmation for that hypothesis the critical perception eclipses important functions and effects of labour courts regarding employment and fairness conditions. On the basis of recent socio-legal research on labour courts and unfair dismissals the paper shall discuss some major findings and effects. The analysis shall start with (1) the contribution of labour courts to basic requirements of fairness in a modern labour society, discuss (2) fairness issues in dismissal cases brought before labour courts, describe and analyse (3) the opening of a judicially supervised floor in the court-room for dispute resolving negotiations and for achieving an amicable settlement, ask for the effects of the intervention of third parties (4) regarding the safeguard of procedural justice, and conclude with remarks (5) on the effects of rationalising human resources management and dismissal decisions by systematizing and communicating case-law regarding the termination of employment