La giurisdizione dei tribunali del lavoro della chiesa in Germania
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More than 700,000 of the lay faithful are employed by the institutions and works of the Catholic Church in Germany. In that context, the so-called “third way” was developed in order to provide a regulatory system for the drafting of collective labor agreements between ecclesiastical employers and their employees (catholic or not). This “third way” foresees a resolution to the inevitable competing interests arising from the Regulatory Commission for the Contractual Rights of Diocesan Workers – composed equally of employers and employees for an equilibrium of interests – rather than arising unilaterally from employers or from the intervention of labor unions. In the article, the Author explains the function and jurisprudence of the recently established (2005) Ecclesiastical Work Tribunals. The Ecclesiastical Work Tribunals judge alleged violations of these regulations established by the collective labor agreement, developed by the Regulatory Commission established in every diocese, and of the Regulations for Employee Representation which substitutes the law for government non-profits and the civil law for personal representation in public work relations in ecclesiastical entities.
keywordsthe Catholic Church in Germany, public work relations, collective labor agreements, ecclesiastical work tribunals, judicial system, company organization, non-profit organizations.
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