Betriebliche Mitbestimmung in privaten Hochschulen

Works constitution law shapes the constitution of the company and grants the representative bodies of the employees various rights of participation and co-determination. The aim is to shape the working conditions and operational order under the influence of the employees. Where profit is the primary objective, generally applicable employee protection is intended to involve the workforce in the employer's decisions. However, where predominantly and directly political, coalition, confessional, charitable, educational, scientific or artistic purposes are pursued, the regulations on co-determination are to be modified in accordance with Section 118 of the Works Constitution Act. Whereas codetermination at state universities is governed by the Staff Representation Act, private universities have to resort to the Works Council Constitution Act (BetrVG). Unlike a »classic company«, however, profit maximization is not in the foreground; the goal is regularly the imparting of knowledge content. The extent to which this influences the rights of the works council under works constitution law is the subject of this article, which ultimately aims to provide a concise presentation of the special features of works constitution law.