Control Council Act No. 35

from Wikipedia, the free encyclopedia

The Control Council Act No. 35 of August 20, 1946 (entered into force on August 26, 1946) is a Control Council Act which is assigned to labor law . It regulates various procedures for the out-of-court settlement of labor disputes.

history

In National Socialist Germany, fundamental freedoms such as collective bargaining and freedom of association were suspended by the law regulating national labor ; They were replaced by tariff regulations decreed by the legislature. After the war, these collective bargaining systems became meaningless (even if the aforementioned law was not formally repealed until January 1, 1947, with the Control Council Act No. 40 ) and a free labor economy emerged again.

The Allied Control Council recognized early on that possible industrial disputes could pose a threat to the reconstruction of the destroyed Germany and, with foresight, enacted Control Council Act No. 35. This regulated three procedures in detail:

  • Out of court settlement of disputes could be regulated in a collective agreement .
  • A state arbitration procedure was introduced in which a mediator tried to settle disputes between employer and employee amicably.
  • Finally, for all disputes that did not fall within the jurisdiction of the labor courts and were not resolved through one of the above-mentioned procedures, state arbitration was introduced, which, however, is not binding on the parties and whose decisions only become final with the express consent of the parties. The only exception was for disputes affecting the interests of the Allied occupying powers.

The exact procedure was not regulated in the law and a corresponding regulation was reserved for the German states, which issued implementing regulations for this purpose. This occurred in all federal states except Hesse, Bavaria and the city states of Bremen and Hamburg. Instead, the state of Rhineland-Palatinate enacted its own state law on labor law arbitration proceedings on March 30, 1949, which, in accordance with the arbitration ordinance of the Weimar Republic, also enabled arbitral awards against the will of the parties. The state of Baden followed on October 19, 1949. This law still applies to the southern Baden area within the state of Baden-Württemberg, after the state parliament of Baden-Württemberg refused to repeal the law in 1956.

The Control Council Act No. 35 also applied formally to the territory of the Soviet occupation zone and the GDR; some countries even issued implementing regulations there, but because of the socialist structure the procedure could not be used there.

Control Council Act No. 35 applies today

Control Council Act No. 35 is the only one of the Control Council Acts that continues to apply as federal law to this day . All laws that repealed old regulations from the time of the German occupation, most recently the law on the adjustment of occupation law , expressly excluded this Control Council Act.

The procedure according to Control Council Act No. 35, however, is only of secondary importance today. According to the Federal Ministry of Labor and Social Affairs , between 1988 and 1995, only 50 arbitration proceedings took place under Control Council Act No. 35; 60,000 collective agreements were concluded in the same period.

The Control Council Act No. 35 thus continues to apply to the entire territory of the Federal Republic of Germany - with the exception of South Baden, Berlin (West) and the Saarland. For the area of ​​what was then the State of Baden, the law was repealed due to the existing state legal regulation by Law No. A-1 of the Allied High Commission of February 9, 1950. The Berlin House of Representatives repealed the law in 1958 with the law to repeal the occupation rights for the area of ​​Berlin (West); the associated implementing ordinance , the ordinance on procedural rules to Act No. 35 of the Allied Control Council on Compensation and Arbitration in Labor Disputes of June 28, 1949, was only repealed in 2005 as part of a legal adjustment . The Control Council Act No. 35 does not apply in Saarland because the Saarland did not belong to occupied Germany and the law was never extended to its territory after the Saarland joined the Federal Republic.

literature

  • Hubert Raupach: The settlement of collective labor disputes and their problems: with special consideration of German developments . In: Sozialpolitische Schriften, issue 18, Duncker & Humblot, Berlin 1964, ISSN 0584-5998, pp. 68–75

Web links

Individual evidence

  1. ↑ Sudabeh Kamanabrou, labor . Mohr Siebeck, Tübingen 2017, ISBN 3161549902 , p. 706
  2. ↑ Monika Anders, The Civil Code: §§ 611 - 620 . Walter de Gruyter, Berlin 1997, ISBN 3110158892 , p. 225
  3. ^ Official Journal of the Allied High Commission (OJ-AHK) p. 103 (year 1950, edition 10)
  4. ↑ Seventh Act to Repeal Legal Provisions of March 4, 2005 (GVBl. 2005 p. 125)
  5. ^ Hermann May, Lexicon of Economic Education . Oldenbourg Verlag, Munich 2012, ISBN 3486705415 , p. 537