Libertatem Magazine

Libertatem: Navigating Legal Perspectives

Parley with Prof. Dr. Dietmar Boerner, Hof University, Germany

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Every time there is a proposition to MAKE IN INDIA, there is a question that shoots back, why should we make in India? Another very important sub-question to that question is, how those archaic laws in India changing? The law that requires enormous adherences. The answer to which, a couple of years back, could have been a NO, today, it’s a MAY BE. As they say, you don’t turn a NO to a YES without a MAY BE in between, we have got today with us Prof. Dr. Dietmar Boerner from the Hof University in Germany to answer all the question pertaining to the same.


Tanay – How has your teaching experience in India been?

Prof. – Well, my teaching experience in India is good so far.

First, I’m happy that there are students who are interested in German Labor Law and Second, I think that students attending my lecture have a profound knowledge of Indian Labour Law and Indian Social Security Law. Therefore they can really follow my lecture and I appreciate their questions and contributions.


Tanay – How do u think the Indian education system is different from the German education system?

Prof. – First, there are some differences as to the non-academic education. In Germany, we have a so-called “dual system”. That means that young people complete a vocational training which provides them some practical experience and supplementary to that they visit a vocational school where they get some theoretical knowledge. Second, there’s one difference relating to the academic education in Germany: Most of the schools and universities are run by the state and therefore there are no study fees.


Tanay – What are the good things from the German Education System that you have just illustrated are simply illustrious, can the Indian Education System adopt?

Prof. – There are these two things I mentioned that could be adopted by the Indian Education System:, the dual education in the non-academic sector and the non-collection of study fees in the academic sector because this would facilitate students from less wealthy families to take up studies.

But, I would also like to take this another way round like what can Germany learn from India. In regards to Nirma University, I think that Nirma University provides outstanding infrastructure facilities like Air Conditioned Classrooms and transport facility for students and staff. I think these are good things which we could adopt in Germany. Another thing that could be adopted by us is the great variety of activities from the students.


Tanay – Moving onto your area of expertise is, how do you think that the Indian Labour Law which has had its ups and down over the years is different from the German Labor Law?

Prof. Of course there are many differences in the details. But as to the fundamental questions and answers I think there are many similarities between the two systems. Indeed, there is one important difference that relates to the area of application of Labor Law. In Germany, Labor Law covers nearly every employee. But I think in India not all employees can really enjoy the benefits of its Labour Law.


Tanay – India, as the world know, aspire to become manufacturing hub, we have MAKE IN INDIA programme which is going places, which is calling people, there are 3000 corporation from across the globe are invited to manufacture in India. What are the prospects for a country which is willing to become manufacturing hub?

Prof – I think that sustainable economic growth requires good working conditions. A high standard of working conditions attracts high-skilled professionals, leads to higher motivation of the workforce, helps to increase quality and to reduce the number of work accidents. Indeed, it requires some economic effort to improve the working conditions. But I am sure that these investments will pay off in the long term. This is true for the individual company as well as for the economy as a whole.


Tanay – What is your advice to young law students in terms of opportunity they might enjoy, in terms of anything for that matter?

Prof. – I think that the students should take advantage of all the opportunities offered to them during their study time. First, of course they should try to become good lawyers. Second, they should participate in the co-curricular & extra-curricular activities. Then they should try to gain some practical experience by completing internships and they should try to enhance their intercultural competence by going abroad. And last but not the least, they should enjoy this time because this time will never return.


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