The Concept of Collective Bargaining Parties and Criteria for Recognizing Employer Status in Germany

Key Points

• This research aims to analyze Germany's collective bargaining legal framework amid evolving employment forms and derive meaningful comparative insights for Korean labor relations law.
• Analyzed German labor law and jurisprudence regarding collective bargaining party recognition.
• Examined the dynamics of contractual employer principles in indirect employment contexts.
• Compared the German framework with implications for Korean labor relations legislation.
• Found that German law avoids enforcing the bargaining obligation based solely on the primary contractor’s control over subcontracted workers.
• Identified a dual-layered framework for labor protection that minimizes gaps through collective bargaining agreements and specialized provisions.
• Suggested that adopting a systematic approach from Germany could reduce potential confusion during the implementation of Korea's revised labor laws.