Mitbestimmungsgesetz
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Mitbestimmungsgesetz
Mitbestimmungsgesetz 1976 or the Codetermination Act 1976 is a German law that requires companies of over 2000 employees to have half the supervisory board of directors as representatives of workers, and just under half the votes. Background From 1922 to 1933, and again from 1951 Germany had had board level codetermination laws, inspired by collective agreements between worker unions and management. The Weimar Constitution 1919 itself said that, “Works and staff are appointed to participate with equal rights together with the company in the regulation of wages and working conditions, as well as in the complete economic development of the producing powers.” The coal and steel industry had required half worker and half shareholder seats on the company supervisory board, but outside these sectors, the Work Constitution Act 1952 merely required one third representation. By 1976, and given the success of worker participation it was decided that this should be raised. The 1976 Act was ...
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Codetermination
In corporate governance, codetermination (also "copartnership" or "worker participation") is a practice where workers of an enterprise have the right to vote for representatives on the board of directors in a company. It also refers to staff having binding rights in work councils on issues in their workplace. The first laws requiring worker voting rights include the Oxford University Act 1854 and the Port of London Act 1908 in the United Kingdom, the Act on Manufacturing Companies of 1919 in Massachusetts in the United States (although the act's provisions were completely voluntary), and the Supervisory Board Act 1922 (''Aufsichtsratgesetz 1922'') in Germany, which codified collective agreement from 1918. Most countries with codetermination laws have single-tier board of directors in their corporate law (such as Sweden, France or the Netherlands), while a number in central Europe (particularly Germany and Austria) have two-tier boards. The threshold of a company's size where co-d ...
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German Labour Law
German labour law refers to the regulation of employment relationships and industrial partnerships in Germany. History *General Commission of German Trade Unions (1892–1919) *Free Association of German Trade Unions (1897–1919) *Weimar Constitution 1919 *Betriebsrätegesetz 1920 *Allgemeiner Deutscher Gewerkschaftsbund (1919–1933) *Free Workers' Union of Germany (1919–1933) * Arbeitsordnungsgesetz of 1934 *German Labour Front, the nationalised Nazi controlled union (1933 to 1945) *Strength Through Joy * Council of Trust and Factory leader *Confederation of German Trade Unions (est 1949) *Mitbestimmungsgesetz 1976 Courts and constitution *''Grundgesetz'' (1949) "Article 9 (Freedom of association). (1) All Germans have the right to form associations and societies. (2) Associations, the objects or activities of which conflict with the criminal laws or which are directed against the constitutional order or the concept of international understanding, are prohibited. (3) The right ...
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1976 In Germany
Events in the year 1976 in Germany. Incumbents West Germany *President – Walter Scheel *Chancellor – Helmut Schmidt East Germany *Head of State – Willi Stoph (until October 29), Erich Honecker (starting October 29) *Head of Government – Horst Sindermann (until October 29), Willi Stoph (starting October 29) Events * February 1 – Germany in the Eurovision Song Contest 1976 * June 25 – July 6 – 26th Berlin International Film Festival * July 1 – Mitbestimmungsgesetz * October 3 – West German federal election, 1976 * October 17 – East German general election, 1976 * December 16 – The Second Schmidt cabinet led by Helmut Schmidt was sworn in. Births *January 6 – Judith Rakers, German journalist *January 9 – Simon Gosejohann, German comedian and television presenter *January 21 – Alexander Bommes, German handball player and journalist *January 21 – Kerstin Kowalski, German rower *March 12 – Andreas Erm, German race walker *April 6 – Anke Rehl ...
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German Law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code ('' Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived fr ...
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Supervisory Board
In corporate governance, a governance board also known as council of delegates are chosen by the stockholders of a company to promote their interests through the governance of the company and to hire and fire the board of directors. In civil service, a supervisory board or regulatory board is often a legislatively independent body with authority over other non-governmental boards (i.e. boards embedded within and run by industry bodies), such as found in some systems of regulated marketing, especially in the agricultural sector. The scope of supervision is to supervise other supervisory bodies. Industry boards are typically oriented toward their own stakeholders, while the second-instance supervision takes a broader view of all stakeholders, including the public interest. Corporate governance varies between countries, especially regarding the board system. There are countries that have a one-tier board system (like the U.S.) and there are others that have a two-tier board sys ...
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Bundestag
The Bundestag (, "Federal Diet") is the German federal parliament. It is the only federal representative body that is directly elected by the German people. It is comparable to the United States House of Representatives or the House of Commons of the United Kingdom. The Bundestag was established by Title III of the Basic Law for the Federal Republic of Germany (, ) in 1949 as one of the legislative bodies of Germany and thus it is the historical successor to the earlier Reichstag. The members of the Bundestag are representatives of the German people as a whole, are not bound by any orders or instructions and are only accountable to their electorate. The minimum legal number of members of the Bundestag (german: link=no, Mitglieder des Bundestages) is 598; however, due to the system of overhang and leveling seats the current 20th Bundestag has a total of 736 members, making it the largest Bundestag to date and the largest freely elected national parliamentary chamber in the wo ...
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Aktiengesellschaft
(; abbreviated AG, ) is a German word for a corporation limited by Share (finance), share ownership (i.e. one which is owned by its shareholders) whose shares may be traded on a stock market. The term is used in Germany, Austria, Switzerland (where it is equivalent to a ''S.A. (corporation), société anonyme'' or a ''società per azioni''), and South Tyrol for companies incorporated there. It is also used in Luxembourg (as lb, Aktiëgesellschaft, label=none, ), although the equivalent French language term ''S.A. (corporation), société anonyme'' is more common. In the United Kingdom, the equivalent term is public limited company, "PLC" and in the United States while the terms Incorporation (business), "incorporated" or "corporation" are typically used, technically the more precise equivalent term is "joint-stock company" (though note for the British term only a minority of public limited companies have their shares listed on stock exchanges). Meaning of the word The German w ...
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Eingetragene Genossenschaft
An "eG" or eingetragene Genossenschaft is a "registered cooperative society" under German Law. Unregistered cooperatives are also possible in Germany but practically never used in practice. In 2004 there were 5470 registered cooperative societies. "eG"'s are relatively rare commercial entities in Germany. In some ways they're similar to registered associations (i.e. "eV" or eingetragener Verein) except for the fact that an "eG" may carry out "commercial operations" whereas a "registered association" (i.e. club) is specifically restricted under German laSection §21 of the German Civil Code or "Bürgerliches Gesetzbuch(BGB)"to being a "non-economic association" i.e. it may not carry out any commercial business operations. They are a special form of commercial association established to reduce barriers of entry for specific activities that lie in the public interest. The "eG" seems like a mixture of capital (especially Company) and an association. These organizations have limited ...
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Gesellschaft Mit Beschränkter Haftung
A ''Gesellschaft mit beschränkter Haftung'' (, abbreviated GmbH and also GesmbH in Austria; ) is a type of legal entity common in Germany, Austria, Switzerland (where it is equivalent to a ''société à responsabilité limitée''), and Liechtenstein. It is an entity broadly equivalent to the private limited company in the United Kingdom and many Commonwealth countries, and the limited liability company (LLC) in the United States. The name of the GmbH form emphasizes the fact that the owners (''Gesellschafter'', also known as members) of the entity are not personally liable or credible for the company's debts. GmbHs are considered legal persons under German, Swiss, and Austrian law. Other variations include mbH (used when the term ''Gesellschaft'' is part of the company name itself), and gGmbH (''gemeinnützige'' GmbH) for non-profit companies. The GmbH has become the most common corporation form in Germany because the AG (''Aktiengesellschaft''), the other major company form ...
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Kommanditgesellschaft Auf Aktien
A limited partnership (LP) is a form of partnership similar to a general partnership except that while a general partnership must have at least two general partners (GPs), a limited partnership must have at least one GP and at least one limited partner. Limited partnerships are distinct from limited liability partnerships, in which all partners have limited liability. The GPs are, in all major respects, in the same legal position as partners in a conventional firm: they have management control, share the right to use partnership property, share the profits of the firm in predefined proportions, and have joint and several liability for the debts of the partnership. As in a general partnership, the GPs have actual authority, as agents of the firm, to bind the partnership in contracts with third parties that are in the ordinary course of the partnership's business. As with a general partnership, "an act of a general partner which is not apparently for carrying on in the ordinary co ...
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Shareholder
A shareholder (in the United States often referred to as stockholder) of a corporation is an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the legal owner of shares of the share capital of a public or private corporation. Shareholders may be referred to as members of a corporation. A person or legal entity becomes a shareholder in a corporation when their name and other details are entered in the corporation's register of shareholders or members, and unless required by law the corporation is not required or permitted to enquire as to the beneficial ownership of the shares. A corporation generally cannot own shares of itself. The influence of a shareholder on the business is determined by the shareholding percentage owned. Shareholders of a corporation are legally separate from the corporation itself. They are generally not liable for the corporation's debts, and the shareholders' liabil ...
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Aufsichtsrat
In corporate governance, a governance board also known as council of delegates are chosen by the stockholders of a company to promote their interests through the governance of the company and to hire and fire the board of directors. In civil service, a supervisory board or regulatory board is often a legislatively independent body with authority over other non-governmental boards (i.e. boards embedded within and run by industry bodies), such as found in some systems of regulated marketing, especially in the agricultural sector. The scope of supervision is to supervise other supervisory bodies. Industry boards are typically oriented toward their own stakeholders, while the second-instance supervision takes a broader view of all stakeholders, including the public interest. Corporate governance varies between countries, especially regarding the board system. There are countries that have a one-tier board system (like the U.S.) and there are others that have a two-tier board sys ...
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