Struggles for co-determination: Anti-unionism, obstruction of works councils and employees’ counterstrategies in Germany

Abstract

In recent years, there has been growing evidence in Germany of efforts by employers to obstruct works councils, trade unions and individual employees in the exercise of their participation rights. When such situations arise, the asymmetry of power intrinsic to the employment relationship will put the employee side at a structural disadvantage. Nonetheless, employees have strategic options to regain their legal rights to co-determination. The article examines, firstly, how employers obstruct works councils, trade union representation and collective bargaining. Secondly, it analyses the strategies and practices the employee side uses in response. Based on 28 case studies from various sectors and a total of 87 interviews, the study identifies two broad types of obstruction of co-determination by employers and six key dimensions that characterize employee resistance. The analysis of successful and failed conflicts points to a wide range of the diverse options available to employees.