Dual system (representation of interests)

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The dual system of interest representation is understood as a two-stage conflict settlement procedure between employers and employees institutionalized by the works constitution and collective bargaining autonomy , which is characteristic of Germany and has its roots in the collective labor law of the Weimar Republic.

The works constitution (with the actors of the works council and management) and collective bargaining autonomy (with the actors of the trade unions and employers' associations ) are understood as "arenas" in which conflicts not only arise, but different interests are negotiated and different regulatory procedures apply. In the framework of the works constitution, for example, no wages and working hours are agreed; these items are reserved for collective bargaining. Means of industrial action such as strikes and lockouts are also only permitted within the framework of collective bargaining autonomy. The parties to the company are bound to the peace obligation and "trustful cooperation" ( § 2 BetrVG). There are different sets of laws for both arenas: Works Constitution Act on the one hand, and Collective Agreement Act on the other.

literature

  • Joachim Bergmann / Walther Müller-Jentsch: Cooperative Unionism and Dual Bargaining System Challenged . In: Solomon Barkin (Ed.): Worker Militancy and Its Consequences, 1965-75 . Praeger, New York-Washington-London 1975, pp. 235-276. ISBN 0-275-07410-2 .
  • Rainer Erd: Legalization of Industrial Conflicts. Normative framework conditions of the dual system of interest representation . Campus, Frankfurt am Main 1978. ISBN 3-593-32348-6 .
  • Walther Müller-Jentsch ; Sociology of Industrial Relations . 2nd edition, Campus, Frankfurt am Main 1997; Chapter 11 Dual system of representation of interests . ISBN 3-593-35705-4 .
  • Rudi Schmidt / Rainer Trinczek: Dual system: collective and company interest representation . In: Walther Müller-Jentsch (ed.); Conflict partnership. Actors and institutions of industrial relations . 2nd edition, Hampp, Munich and Mering 1993, pp. 169-201. ISBN 3-87988-044-1 .