Schutzmöglichkeiten gegen die Behinderung von Betriebsratswahlen seitens des Arbeitgebers

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Abstract Employers employ various means to obstruct or prevent the election of works councils. This book discusses why the current protection regulations in favour of the election of works councils — especially those incorporated into the Works Constitution Act and the election regulations — are insufficient in practice, even though they do contain a sufficient basis for prohibition in theory. First, it examines the basics of the electoral process and the role of the parties involved (the works council, the employers and the labour unions). Subsequently, the book gives an outline of the respective means by which employers influence the election of works councils. In addition to examining current possible defence measures against such obstruction, the author discusses both prospective legislative and factual measures, such as the formation of specialised public prosecution offices and the extension of special protection against unfair dismissal.