Tendenzunternehmen 'zweiter Klasse'?

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Abstract

In German employment law, companies with certain ideational objects are privileged in terms of employee participation according to § 118 Abs. 1 BetrVG (so called „Tendenzschutz“). This special protection is extended to other areas of employment law. Although „Tendenzschutz“ has an almost 100-year history, its application range and intensity is not yet resolved. The author analyses to what extent the application range and intensity of „Tendenzschutz“ varies between the objects mentioned in § 118 Abs. 1 BetrVG. He concludes that companies with educational, charitable and political objects are less privileged than companies with other objects mentioned in § 118 Abs. 1 BetrVG (e.g. publicistic or scientific) due to differences relating to constitutional law.