Criminalizing breach of trust: Work council remuneration finally needs clear rules

DA Federal Court ruling on criminal breach of trust over excessive remuneration of the labor council created a lot of noise. This is not surprising, given that the annual special payments amount to several hundred thousand euros. The fact that BGH reversed the acquittals of Volkswagen HR managers who arranged the payouts is sometimes seen as an appropriate criminal response to a dubious network of interests. Others see this as a “scandalous decision” because it goes against the well-balanced system of joint definition of labor law.

If you take a sober look at the Labor Constitution Act and the case law pertaining to labor law, you will see that the messages are actually relatively clear: the works council office should operate “for free” and “as an honorary position.” at the same time, a works council member should not be placed at a disadvantage or advantageous position because of the way he or she performs his or her duties. On this narrow path between the prohibition of preferential treatment and the prohibition of discrimination, he must be given the reward that he would have received if he had not taken the office of the workers’ council – less would be a forbidden vice, more a forbidden one. advantage.

Source: Frantfurter Allgemeine

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