
Contents
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German Labor Law: A Brief Overview German Labor Law: A Brief Overview
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Freedom of Association Freedom of Association
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Collective Bargaining and Contracts Collective Bargaining and Contracts
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Labor Courts Labor Courts
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Strikes and Lockouts Strikes and Lockouts
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Tripartite Bodies in Postwar Germany Tripartite Bodies in Postwar Germany
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The State as a Source of Support and Stability in German Industrial Relations The State as a Source of Support and Stability in German Industrial Relations
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1 The Enduring Resilience of the Law and the State in German Industrial Relations
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Published:October 2013
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Abstract
This chapter examines how law and the state supported and sustained Germany's postwar industrial relations system. It first provides an overview of the German labor law before considering how the postwar German state has bolstered the social partners through the use of tripartite bodies to govern numerous aspects of German society, both economic and noneconomic. It then challenges two widely held assumptions about labor law and the role of the state in postwar industrial relations. First, the German economy was more successful in the immediate postwar era because losing World War II wiped the slate clean of prewar laws and deals between interest groups and the state that hindered growth. Second, labor and management practitioners commonly stress collective bargaining autonomy and underplay the important role of the state in providing the prerequisites for that autonomy. The chapter argues that the forces driving membership trends for German trade unions and employers associations differ and that state support of German industrial relations cannot be held responsible for change in the postwar era.
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