Change The Works Council Election Regulations 1974, The Works Council Rules 1974, 1974 Works Council Fund Regulation, The Regulation On The Posting Of Workers In The Board Of Directors...

Original Language Title: Änderung der Betriebsrats-Wahlordnung 1974, der Betriebsrats-Geschäftsordnung 1974, der Betriebsratsfonds-Verordnung 1974, der Verordnung über die Entsendung von Arbeitnehmern in den Aufsichtsrat, ...

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142. Regulation of the Federal Minister of Labour, Social Affairs and Consumer Protection, by means of which the Works Council Regulations 1974, the Works Council Rules of Procedure 1974, the Works Council Fund Regulation 1974, the Regulation on the posting of Employee representatives to the Supervisory Board, the Federal Rules of Procedure and the Schlichtungsstellen-Rules of Procedure are amended

On the basis of § 161 of the Labour Constitution Act (ArbVG), BGBl. N ° 22/1974, as last amended by the BGBl budget support act. I n ° 111/2010, as regards Article 6, in agreement with the Federal Minister for Justice:

Article 1

Amendment of the Works Councils-Electoral Regulations 1974

The ordinance of the Federal Minister of Social Administration on the preparation and implementation of the election to the works council, Central Works Council, Youth Confidence Council and Central Youth Confidence Council as well as the appointment and activity of election commissions and Electoral witnesses (Works Council electoral code 1974), BGBl. No 319/1974, as last amended by the BGBl Regulation. No 917/1993, shall be amended as follows:

(1) The following paragraph 5 is added to § 1:

" (5) The competent voluntary professional association or the statutory representation of the employees of the employees (Article 39 (4) of the ArbVG) may, by appropriate measures, apply to all employees of the employees of a holding within the meaning of paragraph 1 or 4. Obligation of the employees to choose an operating council and the procedures to be followed in this process. "

2. § 3 (1) reads:

"(1) The number of members of the works council shall be determined by the number of employees employed on the day of the holding (groups) for election of the electoral board, in the case of partial meetings on the day of the last sub-assembly, in the establishment of employees."

3. In § 5, the word "Karenzurlaubs" by the word "Karenz" as well as the word "Presentable service" by the words "Presence, training or civil service" replaced.

4. In § 6 (1), the sales designation is no longer required; § 6 (2) is deleted.

5. § 8 (1) reads:

" (1) All workers who are eligible are eligible for

1.

on the day of the tender for the election, the 18. have been completed and

2.

have been employed for at least six months in the course of the holding or of the undertaking to which the establishment belongs. "

6. § 8 (3) reads:

" (3) Not selectable:

1.

(a) The spouse or registered partner of the holder;

b)

the children and grandchildren of the holder and their spouses or registered partners, as well as the children and grandchildren of the spouse or registered partner of the holder;

c)

the parents and grandparents of the holder, and the parents and grandparents of the spouse or registered partner of the holder;

d)

the siblings of the holder and their spouses or registered partners, as well as the siblings of the spouse or registered partner of the holder of the holding;

e)

persons who are members of the farmer in the relationship of choice or foster child, choice or foster parents, as well as mouths or guardians;

2.

in establishments of legal persons, the spouses or registered partners of the members of the body appointed to the legal representation of the legal person, as well as persons who, in the first degree, with members of such a representative body are related or are not being used;

3.

Home workers. "

7. § 11 (1) reads:

" (1) The date of the holding (groups) assembly for election of the electoral board is by the convener (§ 45 ArbVG) no later than two weeks before the meeting takes place by attack in the holding or by any other appropriate written or to make electronic communication known. The attack shall be carried out in such a way that the employees of the holding (workers ' group) can take note of their contents. In larger holdings, the stop is to be carried out in several places if it requires the nature of the operation. In the case of locally separated places of work, the attack is to be carried out in every workplace. In establishments (groups of employees) in which no more than two members of the works council are to be elected, the convocation can also be made by means of oral passage. The convocation shall, where the convocation is made by means of written or electronic communication or announcement, ensure the understanding of the employees entitled to vote. More detailed rules may be laid down in the Rules of Procedure (Section 8 of the Works Council Rules of Procedure 1974, BGBl. No 355, as amended). The convener shall also inform the farmer in writing of the proceedings of the General Assembly, on the agenda of the General Assembly, and on the duty of the holder of the holding to communicate the The employee register shall be expressly referred to the electoral management body in accordance with Section 14 (1). "

8. § 13 (3) and (4) reads:

" (3) If the electoral board fails to comply with the obligations referred to in paragraph 1 within eight weeks, or only insufficiently, it shall be thundered by the holding (groups). In this case, by way of derogation from § 2 of the Works Council's Rules of Procedure, any employee of the establishment, the competent voluntary professional association or the statutory representation of the employees of the employees may convene the holding (groups). At the same time, this has to appoint a new electoral head. In the case of a number of appointments, the first one applies.

(4) The members of the electoral board are subject to § § 115 and 116 ArbVG, Federal Law Gazette (BGBl). N ° 22/1974, as amended by the Budgetbegleitgesetz BGBl. I n ° 111/2010. '

9. § 14 (1) reads:

" (1) The holder of the holding shall have a list of the employees employed on the day of the holding (groups) for election of the electoral board-at partial meetings on the day of the last part-session-workers employed in the holding within two days of the date of the election of the election board. To make the agreement available pursuant to section 12 (2) if it has been expressly advised by the convener of the works meeting to elect the electoral board to the obligation to transmit the employee directory. This directory has family and/or The first and first names, date of birth, the date of entry into the establishment, and details of the places of work and places of work located outside the main operating system and which workers are employed there. The list shall also contain the residence addresses of those workers who are likely to be present in respect of leave, carence, performance of the presence, training or civil service, an illness or use which is still in existence outside the main operating system. will be prevented on election day by the personal vote. In the case of works councils which are to be selected separately, the list of workers belonging to the group concerned shall be made available to each of the electoral boards. "

10. In § 19 (2) (11), the word shall be: "Karenzurlaubs" by the word "Karenz" and the word "Presentable service" by the words "Presence, training or civil service" replaced.

11. In § 20 (2a) Z 1 the expression "Family and First Name" by the expression " Family or By-and-first name " replaced.

12. In § 22 (3) the expression "Family and First Names" by the expression " Family or By and First Names " replaced.

(13) The following paragraph 5a is inserted in accordance with Article 22 (5):

" (5a) The electoral card can also be manufactured as a lockable envelope addressed to the electoral board. The voting card shall be an official ballot paper (§ 21a) and an election envelope (§ 24 para. 3). The dimensions of the electoral card shall be determined in such a way as to allow an electoral envelope to be lodged. "

14. According to Article 24 (2), the following paragraph 2a is inserted:

" (2a) Persons who are blind or severely visually impaired shall be allowed to guide themselves from an accompanying person, who may choose them themselves, and be able to assist themselves in the course of the ballot. In all other cases, the electoral cell may only be entered by the voter alone. In the case of doubt, the elective body decides on the admissibility of the use of an accompanying person. Each vote with the help of an accompanying person shall be recorded in the minutes. "

15. § 25 (1) last sentence reads:

" The electoral envelope shall be put together with the electoral card issued by the electoral board in the envelope submitted by the electoral board or into the electoral card produced as an envelope (Section 22 (5a)) and shall be sent by post or by a postal service in the postal service. Other universal service providers according to § 6 (1) to (3) of the Postal Market Act, BGBl. I n ° 123/2009, as amended by the BGBl budget support act. I No 111/2010, to be sent to the Electoral Council. "

16. § 33 reads:

" § 33. The electoral authority shall make known the result of the election in operation by means of an attack or by any other appropriate written or electronic communication (Section 11 (1)) and shall inform the holder of the holding, the person responsible for the location of the holding. "Work Inspectorate, the competent voluntary professional associations and the competent statutory representation of the employees ' interests in writing."

17. § 48a (5) fourth sentence reads:

" For the resolution, Section 31 (1) shall apply in conjunction with Section 14 (7), (7a) and (8) of the Works Council Rules of Procedure 1974, BGBl. No 355, as amended. "

18. In § 48a (8) the expression "Family and First Name" by the expression " Family or By-and-first name " replaced.

19. § 49 (1) second sentence reads:

" In the calculation of this number, the members of the family of the holder who are excluded from the right to vote in accordance with Section 8 (3) (1) of the Law on Eligible Voting shall be disregarded.

20. § 50 (1) reads:

" (1) Young workers within the meaning of this Regulation are workers, including home workers, who are 18 years old. They have not yet completed their life year, and apprentices who are 21 years old. They have not yet completed their life year. "

21. § 54 together with the title is:

" Active electoral law

§ 54. All employees of the holding who are entitled to vote on the day of the election tendering (§ 52) shall be entitled to vote 18. They have not yet completed their life year, and apprentices who are 21 years old. They have not yet completed their life year, and who are employed on this day and on the day of the election. "

22. § 55 together with headline reads:

" Passive electoral law

§ 55. All employees of the company who are eligible are eligible

1.

on the day of the election, the 23. have not been completed and have not been completed

2.

have been employed on the day of the election for at least six months in operation. "

Section 67 is added to the following paragraph 3:

" (3) § 1 para. 5, § 3 para. 1, § 5, § 6, § 8 para. 1 and 3, § 11 para. 1, § 13 para. 3 and 4, § 14 para. 1, § 19 para. 2 Z 11, § 20 paragraph 2a Z 1, § 22 para. 3 and 5a, § 24 para. 2a, § 25 para. 1, § 33, § 48a para. 5 and 8, § 49 para. 1, § 50 para. 1, § 54 including Title, section 55, title and annexes 1 to 14 of this Regulation, as amended by the BGBl Regulation. II No. 142/2012 will enter into force on 1 May 2012. Section 6 (2) shall expire on the expiry of 30 April 2012. "

24. Appendixes 1 to 14 to the Works Council Electoral Regulations are: