c o n t i n u i t y a n d c o n t r ac t 157 provide enough subject matter for a legal analysis, one also had to consider the state of affairs in real life - dasTatbestand.317In1910, the Swedish legal scholar, Östen Undén, repeated in Swedish several of Sinzheimer’s conclusions on the peculiarities of the contract of employment.318 Sinzheimer himself went further. He praised Otto von Gierke for having paid attention to the “element of superiority in the nature of the dependent work”319 and even claimed that labour law had to emancipate itself from general private law, whose spirit was strange to the legal area in question.320 Immediately after the end of the FirstWorldWar, on November 12th 1918, the patriarchal and controversial Gesindeverordnung as well as the particular statutes for agricultural labourers were abrogated.The subsequent period until the Nazis’ Machtübernahme in 1933 was characterised by a mixture of public law legislation and collective self-regulation. Statutes on an eight-hour working day, unemployment benefits, increased protection of employment and health insurance were introduced or extended. Collective agreements were given binding force on the terms of individual contracts between employers and employees, if they belonged to the contracting organisations. Workers’ councils (Betriebsräte) were guaranteed the right to be consulted in case of dismissals. KaiserWilhelm’s Act of 1891 had prescribed an obligation for the employer to issue a local plant regulation.An approval from the workers’ council was made mandatory if the employer was to be released from this obligation. 317 Sinzheimer 1907, pp. 1-27. 318 See Undén 1910 and below on Swedish legal writing. 319 “… das herrschaftliche Element im Wesen der abhängigen Arbeit wieder nachgewiesen zu haben”. Sinzheimer 1927, p. 11, fn 1. 320 Sinzheimer, “Über den Grundgedanken und die Möglichkeit eines einheitlichen Arbeitsrecht für Deutschland”, 1976, p. 49. 6. 3. 4 the we imar re publ ic 1919-1933. collect ivi sm and Gemeinschaft
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