This article presents a theoretical model in order to understand and explain forms of crossborder interest representation by European Works Councils. It argues that both their structures and activities and their outcomes can be explained by drawing on four theoretical rationales: the structures and coordination patterns of the company concerned, cultural-institutional factors linked to the 'country-of-origin effect', historical trajectories and actors' strategies. This argument is supported by empirical data from case study research in three automotive assembly companies.

Purpose -The purpose of this paper is to analyse the distribution and the contextual conditions of statutory and non-statutory forms of employee representation in Germany (works councils and nonstatutory employee representation (NSRs) respectively). It aims to contribute to the debate by proposing a theoretical model which improves our understanding of why works councils and NSRs exist in companies and by presenting an empirical analysis of the explanatory factors based on representative data. Design/methodology/approach -Based on a representative survey of 3,254 German private-sector companies, descriptive statistics and regression models are calculated in order to identify the contextual conditions which promote or prevent the establishment of the different forms of employee representation. Findings -The data show that the distribution of works councils and NSRs differs considerably between industries. Works councils are more likely to be found in large and relatively old traditionalsector companies with a high union density, while NSRs have a stronghold in (new) service sectors and smaller companies. NSRs are also more likely to be found in companies where management has a positive attitude towards employee involvement. Research limitations/implications -Although case studies indicate that there is a huge variety of NSRs, this study could only use a relatively broad category. Future survey research should analyse the various types of NSRs and works councils. Social implications -Works councils are still the main form of employee representation and the German model of industrial relations appears to be stable in terms of firm-level employee representation. However, with new service sectors becoming increasingly important (due to socio-economic development), this model may be in jeopardy. Originality/value -This paper extends previous research on the distribution and contextual conditions of works councils by providing a comprehensive analysis of works councils and NSRs, based on a representative survey that includes a variety of variables which have strong effects, but have not previously been examined in other studies.

No abstract

The article considers how (new) forms of horizontal disintegration, like onsite subcontracting, challenge and change the industrial relations institutions of the German coordinated market economy (CME). Focusing on firm-level co-determination practices, it analyses how works councils respond to strategies of onsite subcontracting and what effects their responses have for the employment system. Based on evidence from 12 case studies, it is argued that although onsite subcontracting might prompt institutional erosion, this does not pass uncontested. Rather, practices of networkoriented employee representation on the part of works councils might bring about an 'institutional completion', in this case, the institutionalisation of the network as an additional point of reference for employee representation. This may stabilise and even extend the scope of existing CME institutions through a process of 'institutional upgrading'. In some areas of the economy, however, management and works council practices are more likely to exacerbate dualisation and social inequality.

Non-statutory firm level employee representation (NSR), which in contrast to legally based works councils is composed of voluntary patterns, is by now only rarely recognised in German labour relations debate and research. Based on case studies, the article analyses the establishment, modes of operation and participation outcome of NSRs in German private sector companies. While previous NSR research in countries such as Britain and the United States mainly focused on employer-initiated representation plans, the array of NSRs in German companies appears to be broader: Four types of NSRs are introduced, and a theoretical account is developed, which emphasises cultural-institutional arguments and actors strategies. Hence, it is argued that while NSRs appear to be instruments of management seeking to effectively organise company interest regulation, they strongly reflect cultural conditions and ideologies of non-statutory employee representation.i rj_645 530..546