Labor Court Act

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Basic data
Title: Labor Court Act
Abbreviation: ArbGG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Labor law , procedural law
References : 320-1
Original version from: September 3, 1953
( BGBl. I p. 1267 )
Entry into force on: October 1, 1953
Last revision from: July 2, 1979
( BGBl. I p. 853 ; p. 1036 )
Entry into force of the
new version on:
July 1, 1979
Last change by: Art. 12 G of June 12, 2020
( Federal Law Gazette I p. 1248, 1276 )
Effective date of the
last change:
June 24, 2020
(Art. 28 G of June 12, 2020)
GESTA : G031
Weblink: Text of the law
Please note the note on the applicable legal version.

The Labor Court Act (ArbGG) forms the basis for labor jurisdiction in the Federal Republic of Germany .

Regulatory content

The Labor Court Act primarily defines the responsibilities and composition of the labor courts , the regional labor courts and the Federal Labor Court§ 1 ff. ArbGG) as well as the course of the procedure ( § 8 ff. ArbGG) on the one hand in the judgment procedure (§ § 46 ff. ArbGG) and on the other hand in the decision-making process (§ § 80 ff. ArbGG).

In addition to the Labor Court Act - apart from a few exceptions ( Section 46 ArbGG) - the Code of Civil Procedure (ZPO) also applies in labor court proceedings .

history

A labor court law already existed in the Weimar Republic , dated December 23, 1926 ( RGBl. I p. 507). On this basis, from December 24, 1926, a labor court for the German Reich was established; With its final entry into force on July 1, 1927, proceedings could then be brought before the labor courts.

During the National Socialist era , the Labor Court Act remained valid, but changes were made in line with the new rulers. A corresponding new notice was issued on April 10, 1934 (RGBl. I p. 319).

The Allied Control Council Act No. 21 (KRG No. 21) of March 30, 1946 contained the German Labor Court Act , which in turn was based on the original Act of 1926. With the repeal of KRG No. 21 by Act No. A-35 of the Allied High Commission of August 11, 1953 ( OJ AHK p. 2633), it was finally possible to pass a new Labor Court Act in West Germany .

literature

  • Thomas Dieterich et al. (Hrsg.): Erfurt commentary on labor law . 11th edition. CH Beck, Munich 2010, ISBN 978-3-406-60876-6 .
  • Hauck / Helml / Biebl: Labor Court Act (ArbGG). Comment . 4th edition. CH Beck, Munich 2011, ISBN 978-3-406-60555-0 .
  • Martin Henssler, Heinz Josef Willemsen, Heinz-Jürgen Kalb: Labor law comment . 2nd Edition. Otto Schmidt, Cologne 2006, ISBN 3-504-42658-6 .
  • Schwab / Weth (ed.): Labor Court Act. Comment . 3. Edition. Otto Schmidt, Cologne 2011, ISBN 978-3-504-42678-1 .
  • Martin Reufels: Litigation tactics in labor law. Enforcement and defense of claims in typical procedural situations . 4th edition. Nomos, Baden-Baden 2019, ISBN 978-3-8487-4814-3 .

Web links

Individual evidence

  1. ^ Reichsgesetzblatt, Part I, year 1926.
  2. ^ BAG on the history of labor jurisdiction and the ArbGG.
  3. Control Council Act No. 21 (KRG No. 21) - German Labor Court Act.