„Brexit“ und das Arbeitsrecht: für deutsche Unternehmen und Beschäftigte

This lead article in an issue of NZA (New Journal for Labour Law) analyses the "Brexit" process as it stood at the end of February 2019, and explores the consequences of no-deal "Brexit", hard "Brexit" and soft "Brexit" for employment relations from the perspective of German companies and their employees. It highlights that the withdrawal agreement, even if it were accepted, would only create certainty for those employees who are EU citizens and work in the UK at "Brexit" day, as well as those UK citizens who work in an other EU Member State at the same time, while also addressing social security coordination for those who have done the same in the past. Crucial issues for continuing cooperation with UK companies such as posting of workers, recognition of qualifications and above all the question whether UK citizens may continue to work in EU Member States and vice versa will have to be addressed either by nation states or in the future relationship between the EU and the UK, which still needs to be negotiated after the difficult process of withdrawing the UK from the EU is completed. The article concludes that the future relationship, whether after an unmanged, chaotic Brexit or on the basis of a withdrawal agreement, will constitute a new type of a Deep and Comprehensive Free Trade Agreement in the EU's Western Neighbourhood. The existing DCFTAs as well as the labour law provisions in the draft protocol Ireland/Northern Ireland annexed to the draft withdrawal agreement indicate that retaining the current state of approximation of employment laws will be the subject of the the EU / UK DCFTA, though these provisions will profit from weaker implementation than other elements of the future agreement.