It has been slowly forming, like a special right, for about a century. The most important provisions relating to this matter are found in the Law on Industries and Trades (Gewerbeordnung) of 21 June 1869 (text of 26 July 1900) with numerous additional laws and implementing decrees, in the Law on Child Labor and Working Hours. child labor (Gesetz über Kinderarbeit und über die Arbeitszeit der Jugendlichen ; Jugendschutzgesetz) of 30 April 1938, in the labor law before and after childbirth (Gesetz über die Beschäftigung vor und nach der Niederkunft) of 16 July 1927, in the labor law at home (Gesetz über die Heimarbeit) of 23 March 1934 and in the decree on working hours (Arbeitszeitordnung) of 21 December 1923 (text of 30 April 1938).
Prepared by the imperial rescript of November 17, 1881 provoked by Bismarck, another important fact followed, namely the creation and progressive development of social health insurance, 1883; accidents, 1884; disability, 1889; of office workers, 1911; to which was added, in 1927, unemployment insurance). The result of the legislative revision work, which began around 1890, was summarized in the Empire Insurance Act (Reichsversicherungsordnung, RVO.) Of July 19, 1911, which in the text of December 15, 1924, later changed by numerous supplementary laws, still applies for sickness, disability and accident insurance. Other sources are the insurance law of the) of December 20, 1911 (text of May 28, 1924) with additional laws, and the Mining Personnel Act (Reichsknappschaftgesetz) of June 23, 1923 (text of July 10, 1926), for which the miners’ societies, the oldest organism of social insurance, from voluntary institutions created for miners became part of the national insurance body of the personnel of the mines. The establishment and activity of insurers for these branches was regulated in a new way, following several emergency decrees, by the Law on the Constitution of Social Insurance (Gesetz über den Aufbau der Sozialversicherung) of July 5, 1934. The purpose of the reform is to remedy the dispersion that has occurred and to preserve, despite the economic crisis, the insurance capacity. Social security institutions for the unemployed are governed by the Unemployed Employment and Insurance Act (Gesetz über die Arbeitsvermittlung und Arbeitslosenversicherung, AVAVG.) Of 16 July 1927 (text of 12 October 1929; subsequently amended several times). The most important laws which, alongside the measures that tend to provide work properly and which are not to be mentioned here, serve to restart the unemployed at work, are the law on the discipline of the distribution of work (Gesetz über die Regelung des Arbeitseinsatzes) of May 15, 1934, which makes it possible to exchange jobs, favorable to agriculture, the law of November 5, 1935 (Gesetz über Arbeitsvermittlung, Berufsberatung und Lehrstellenvermittlung) and the law of February 26, 1935 (Gesetz über die Einführung eines Arbeitsbuches).
According to top-engineering-schools, the most recent fields of application of labor law are those of the collective bargaining agreement, and the organization of businesses and associations of employers and workers. After the workers’ societies, during and after the World War, managed to obtain their recognition (laws of 1916 and 1918 and art. ‘work led to the formation of an autonomous collective labor right. Following the agreement of the unions representing both categories, reached on November 15, 1918, on the formation of collective agreements, there was the decree on collective labor agreements (Tarifvertragsordnung) of 23 December 1918 which established their mandatory nature, the possibility of declaring collective agreements as general mandatory and also a regulation of disputes which was perfected in the decree of 30 October 1923 (Schlichtungsordnung). A representation of workers within the enterprises was created by the law on works councils (Betriebsrätegesetz) of February 4, 1920. The revolution of 1933 suppressed the organizations of both workers and workers, which it gathered in the “Labor Front”, and regulated this matter with the law on the national labor order (Gesetz zur Ordnung der nationalen Arbeit, AOG.) Of January 20, 1934 (with numerous implementing regulations), to which is added the law on the organization of work in public administrations and industries (Gesetz zur Ordnung der Arbeit in öffentlichen Verwaltungen und Betrieben) of 23 March 1934. The new system (see also above: History), is based on the close union between the manager of the company (Betriebsführer) and the people who are subject to him, who form the “following” (Gefolgschaft), and who elect the “council of trust” (Vertrauensrat) which assists the executive. All problems relating to working conditions must in principle be regulated by the business community (Betriebsgemeinschaft). For this purpose, the company regulations (Betriebsordnungen) are required, which the manager is obliged to issue. A supervisory function is carried out by the labor curators (Treuhänder der Arbeit), whose office was created in advance by the law of May 19, 1933. Only in case of need do they intervene by issuing mandatory tariffs. The fulfillment of the duties of the manager and employees is sanctioned by an honorable social jurisdiction. Last resort is the national court of honor. The safety of the employees needs the protective law relating to dismissal, which is partly linked to the Betriebsrätegesetz. Alongside these laws, it is worth mentioning the protective law against the dismissal of those who have been in employment for long years (Gesetz über den Kündigungschutz für langjährige Angestellte) of 9 July 1926, as well as the law on the employment of disabled persons (Gesetz über die Beschäftigung Schwerbeschädigter) of April 26, 1920 (text of January 12, 1923) which, in addition to exercising a certain constraint on their employment, contains protective provisions against their possible dismissal. The AOG. does not yet contain rules on employment contracts and employment relationships; a dedicated labor relations law was fully drafted soon after long thoughtful discussions by the labor law committee of the Akademie für Deutsches Recht.
