Dr. Thomas Klein as official expert for the Bundestag Committee on Employment and Social Affairs
On the 23rd of January 2018, the Bundestag Committee for Employment and Social Affairs held a public session in which the CDU/CSU and SPD presented their draft of legislation for the protection of social fund procedures for the construction industry (Sozialkassenverfahrensicherungsgesetz – SokaSiG – BT-Drs. 18/10631). Altogether, 12 experts presented testimony, among them representatives from employers‘ associations, labour unions, Social Fund: Construction and individual experts from the academic field. Dr. Thomas Klein (staff member from the IAAEU legal team) testified on matters concerning the constitutionality, the necessity and the construction of the proposed legislation. The written appraisal which Dr. Klein prepared in advance of the session can be found on the Bundestag committee’s internet site. Additionally, an article on the protection of social fund procedures in the construction industry from Dr. Klein has been published in the Zeitschrift Arbeit und Recht (AuR Heft 2/2017).
Dr. Thomas Klein as official expert for the Bundestag Committee on Employment and Social Affairs
On the 19th of June 2017, the Bundestag Committee for Employment and Social Affairs held a public session in which the CDU/CSU and SPD presented their draft of legislation for the protection of social procedures concerning collective labour agreements as well proposed changes to labour court laws (for the draft legislation see: Bundestagsdrucksache 18/12510). The legislation aims to protect the general applicability of a series of social fund collective agreements. The claim of general applicability, based on collective agreement laws, had been called into question by recent rulings from the labour courts. While new legislation for the protection of social funds in the construction industry was ratified in spring (Sozialkassenverfahrensicherungsgesetz – SokaSiG from the 16th of May, 2017, BGBl. I, S. 1210: for which Dr. Klein also gave expert testimony for the committee), the new legislation will apply to eleven further branches of industry (eg. The painting trade, roofing, baking and bread making industries, as well as for the editorial branch of the newspaper industry). Furthermore, the draft legislation would change labour court laws affecting the legal liability protection possibilities for social fund processes. Dr. Klein (Vorträge / Tagungsteilnahmen 34 IAAEU Jahresbericht 34) argued strongly in favour of the draft legislation in his testimony. The proposed legislation is advisable as it protects the collective agreements around social fund processes and creates legal security. There are no reasons to doubt the constitutionality of the proposed legislation. According to Dr. Klein, the legislation does not go far enough, as it only covers the general applicability of collective agreements concerning social funds. The recent rulings from the labour courts, however, call into question a great many other collective agreements. With this in mind, Dr. Klein recommended the committee amend the draft legislation.
Expert Report for BMAS: Platform Economy – an evaluation of the current state of research
Originating from the United States, the organisation of labour through internet platforms has now established itself in Germany. This form of employment raises the question of the need for intervention through the protective regime of labour law. The answer to that question, both on individual and collective levels, depends on the legal classification of the employment relationship. The situation is similar for social law, wherein many pillars of social protection correspond with an individual’s employment status. As many of the employment constellations which are now practicable due to the emergence of new forms of labour organization, considerations about the definitory expansion of decisive terminology as well as the introduction of fundamentally new regulatory approaches are to be found in current discussions. Legal considerations are made more difficult by the fact that previous investigations at the practical level have been based on differing terminology and central categorisations. In June of 2017, Dominik Leist, Dr. Christina Hießl and Prof.Dr. Dr.h.c. Monika Schlachter, on the basis of a framework contract with the Institute of Labour Economics (IZA), prepared an evaluation of the state of current legal literature and research in both German and Anglo-American spheres for the German Federal Ministry of Employment and Social Affairs.
