In Germany, there are many foreign workers, especially in the construction industry, like this roofer on a construction site in Hesse.
Image: dpa
The European Court of Justice upholds the co-determination rights of German employees. The right to free movement in the EU does not guarantee that a move is “socially neutral”.
DThe fact that employees of German companies in Germany often have more co-determination rights than their colleagues abroad is compatible with EU law. The European Court of Justice (ECJ) made this clear in a landmark judgment on Tuesday. The reason for this was a legal dispute over the election of employee representatives to the Supervisory Board of Tui AG.
A shareholder of the travel group considered it a violation of EU law that only employees in Germany were allowed to have a say, but not group employees in other EU countries. Among other things, this contradicts the freedom of movement for workers, because employees lose their right to vote when they move.
The ECJ rejected this view. The right to free movement in the EU does not guarantee a worker that a move is “socially neutral”. He cannot demand the same working conditions in the new country as in the country of origin.
The case is now going back to the Berlin Court of Appeal, which submitted the questions on EU law to the ECJ. (Case C-566/15)