Company-based initial and continuing training measures as a field of activity pursued by employee representative bodies - self-conception, action strategies, effects

Insofar as initial and continuing training is not statutorily regulated or subject to collective wage agreements, the German Labour Management Relations Act makes provision for works councils to be accorded a series of co-determination rights with regard to the structuring of company-based training measures. Change processes within working environments have meant that vehicles such as a flexibilisation of training regulations have led to an expansion of this latitude in vocational education and training at a company level.

Continuing training has become an important instrument of company modernisation and has resulted in considerable training pressure for many employees. By the same token, the requirements made of the works councils to act in the interests of the employees in this area also became greater. As far as the works councils are concerned, this task is made more difficult by the fact that company-based continuing training now incorporates the issues facing a work organisation which fosters learning by including workplace related and workplace integrated forms of learning rather than continuing merely to extend across traditional forms and provision. The increasing segmentisation of workforces means that works councils also need to exercise their protective function for groups of employees excluded from continuing training.

Training agreements and employee-oriented continuing training concepts are emphasising the role played by works councils as important stakeholders in the implementation of company-based training measures. The updating of the Labour Management Relations Act in 2001 also delivered legislation which accorded works councils greater significance in terms of their co-determination rights regarding company-based VET issues.

The aim of the research project proposed is to investigate the influence exerted on company-based initial and continuing training activities by works councils and other forms of collective employee lobbying not established on a statutory basis. A further objective is to accord due consideration to the various degrees of regulation which apply to initial and continuing VET and thus also take account of the different amounts of latitude which apply in terms of the structuring of training. The latter may be variably reflected in the way in which employee representative bodies fulfil their protective function and organisational task. In the case of company-based training, the project also intends to consider the role played by the Young People and Trainee Council (JAV).

Within the field of continuing training, a further object of investigation will be the nature of the problem understanding developed by employee representative bodies with regard to informal continuing training forms and which types of participation may be in place. The task and problem understanding of works councils for the field of initial and continuing vocational education and training will be explored within the scope of company-related case studies. Negotiation strategies with management and the supportive and inhibitory general conditions these create will be traced. Negotiating results will be investigated with regard to their effectiveness.

The aim is to use practical examples to show possible perspectives for works councils with regard to the employee oriented influencing of company-based initial and continuing vocational education and training activities as well as highlighting barriers which may occur if too many requirements are placed on the council. As far as possible, examples of good practice resulting from cooperation between employee representative bodies and management and examples of good negotiation results should also be emphasised.

Source: BIBB newsletter, revised by iMOVE, July 2011