Minimum wage non-compliance: the role of co-determination

Abstract We analyse how co-determination is related to non-compliance with the German minimum wage, which was introduced in 2015. The Works Constitution Act (WCA), the law regulating co-determination at the plant level, provides works councils with indirect means to ensure compliance with the statut...

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Bibliographic Details
Published in:European journal of law and economics
Main Authors: Goerke, Laszlo, Pannenberg, Markus
Format: Journal Article
Language:English
Published: 14-09-2024
Online Access:Get full text
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Summary:Abstract We analyse how co-determination is related to non-compliance with the German minimum wage, which was introduced in 2015. The Works Constitution Act (WCA), the law regulating co-determination at the plant level, provides works councils with indirect means to ensure compliance with the statutory minimum wage. Based on this legal situation, our theoretical model predicts that non-compliance is less likely in co-determined firms because works councils enhance the enforcement of the law. The economic correlates of co-determination, such as higher productivity and wages, affect non-compliance in opposite directions. The empirical analysis, using data from the German Socio-economic Panel (SOEP) for the years 2016 and 2019, demonstrates that non-compliance occurs less often for employees in co-determined establishments, while there is no correlation between non-compliance and the difference between the minimum wage and the wage actually paid.
ISSN:0929-1261
1572-9990
DOI:10.1007/s10657-024-09811-1