59. Regulation of the Minister of Justice about the women promotion plan of the Department of Justice for the period until 31 December 2016
On the basis of the § 11a ABS. 1 of the federal equal treatment Act B GlBG, BGBl.Nr.100/1993, amended by Federal Law Gazette I no. 6/2011, is prescribed:
Wife promotion plan for the Department of Justice for the period until 31 December 2016
Objectives and measures to achieve targets
1. (1) the Federal Ministry of Justice is committed to an active equality and equal opportunities policy, to ensure equal opportunities for women and men.
(2) implementation of woman promotion plan aims in particular the following objectives pursued and achieved are 1 to the employment of women at all levels, promoting the recognition of women as equivalent and equal partners in the professional world and promoting a positive attitude 2. promoting the professional identity and the self-esteem of women, 3. the promotion of consensus about the equivalence of the work of women and men , 4. the removal of existing disadvantages for women, 5. improving the reconciliation of work and family for women and men, 6 active promoting an equal representation of women in all decision-making structures and advisory bodies, 7 the objectification of the proficiency assessment through the Elimination of discriminatory, stereotypical roles evaluation criteria, 8 raising the percentage of women in the use, remuneration or salary groups or functional areas (see section 4) , in which women are under-represented, 9 the increase in the percentage of women in managerial positions, as well as 10 implementing the guiding principle of gender budgeting, gender mainstreaming, specific measures to promote women in the system of personnel planning and staff development of the judiciary and impact orientation to the equality objectives in all measures and policies.
Protection of human dignity, prohibition of harassment
2. (1) is to protect the dignity of women and men in the workplace. Behaviors which violate human dignity, especially derogatory statements and representations (posters, calendars, screen savers, etc.), bullying, bossing and sexual harassment and harassment another way must be avoided. The employer has to take appropriate measures to raise awareness.
(2) the employees are over the legal and other ways to defend themselves against sexual harassment or bullying, to inform on the occasion of the staff/inner conversation. The employer has to ensure that the staff in the case of making a complaint about the harassment or bullying experienced no disadvantage. There are also other unjustified sequelae (such as E.g. discrediting) to stop.
(3) it is to a working atmosphere, which is supported by mutual respect.
(4) management and trainers have deliberately in their area of responsibility to ensure compliance with this principle and, if necessary, to intervene. Moreover, especially managers and trainers meets the commitment to the precedent.
Increasing the proportion of women
§ 3. In the Frauenförderungsplan is set according to § 11a paragraph 3 B GlBG anyway, in time and with what human, organisational and out - and educational measures in which uses an existing representation, as well as existing disadvantages of women can be eliminated. This binding targets to increase the proportion of women are in 1 each for two years.
each grade in any compensation scheme or any usage or remuneration group, or 2. If there is a subdivision in function groups (including basic career), salary or review groups - in that group or but 3rd in the concerned highlighted uses (functions), which accounts for the relevant category divided not into groups according to no. 1, the scope of each service authority to set in.
Wife promotion bid
4. (1) it belongs to the official duties of the representatives or representatives of the employer (§ 2 para 4 B GlBG), to work towards (woman promotion bid) in accordance with the requirements of woman promotion plan on Elimination of existing under-representation of women in the total number of permanently employed and functions, as well as of existing discrimination of women in the service relationship. In the case of a representation, the respective administrative authority has to attract suitable women and to invite you to the application.
(2) women are under-represented if the proportion of women in the total number of 1 permanently employed in the relevant grade, the relevant remuneration scheme or of the usage or salary group or 2 - If continuously employed in the particular group or 3. other highlighted applications (functions), a subdivision in function groups (including basic career), salary or review groups - which on the constantly employed in the relevant , no division into groups category assigned to accounts for after no. 1, is less than 50% in the scope of the service authority.
(3) a corresponding salary group is a group of use, this is in comparison to include. Jobs of the pay schemes of v and h are thereby assign the use group corresponding to their valuation in the law on civil servants and function group (including basic career).
(4) set the binding targets to increase the proportion of women listed in the Appendix, that in terms of the gradual elimination of the existing under-representation of women to reach the extent of 50% commitment to the priority inclusion of women in the Federal service in accordance with section 11 b B GlBG and the preference of women for promotion in accordance with § B GlBG consists 11 c.
(5) than any other "(features) highlighted uses" are to look at: 1. in the area of the central body - section leaders and representatives - Chief of staff offices - public prosecutors/State lawyers in the BMJ - head of the Department and representatives Oberstaatsanwälte/Oberstaatsanwältinnen in the BMJ 2. with regard to the courts (article IV RStDG) - President/President and Vice Presidents/Vice Presidents of the Supreme Court - President/Presidents and Vice Presidents/Vice Presidents of courts of appeal - President/Presidents and Vice Presidents/Vice Presidents of courts of first instance - judges each of the pay grade R 2 (II) and 3 (III)-R
Vorsteher/innen of the district courts 3. with regard to the public prosecutor's Office and the 3supreme - Chief and first / r Deputy Chief / head of 3supreme - leaders of the Chief State Prosecutor and first representatives of the leaders of the Chief State Prosecutor - Chief of the public prosecutor's Office and first representatives of the leaders of the public prosecutor's Office - public prosecutors/State lawyers of each of paygrade (II) St2 and St3 (III) - group leaders 4. in the area of civil servants/officials and contract staff in particular: a) in the section Central Office , Courts, public prosecutors and 3supreme aa) use Group A1, v1:-bb staff of the Central Office) in use Group A2, B/salary group b and v2: - Secretaries - Chief of the insertion point and Deputy - Vorsteher/innen offices - head of unit - regional - revisor/innen - Registrar - district lawyers/internal cc) in use Group A3, C/pay Group c and v3: - Secretaries - leaders of team assistants and representatives - leaders of the depositary - Vorsteher/innen the offices - district lawyers/inner - office managers - accountant - bailiff /. inside b) in prisons and the enforcement Directorate section aa) in the A1, A/pay group a: - use Group, head of the enforcement Directorate and Deputy - Head of Department in the enforcement Directorate and representatives - STAK management functions in the area of - bb Institute Director and representatives – leaders of the psychological and social services) in the use of group E1/W1: - the STAK head of Division in the enforcement Directorate and representatives - management functions in the area - Institute Director and representatives - Chief of the Enforcement Division - leaders of the economic area cc)
Use Group E2/W2: - Justice guards commanders and representatives - guard commanders - wing commanders - main overview - Superintendency (Chief of all economic and institution holdings of Yes) - justice awake school Kommandant/in and Deputy c) in terms of the probation aa) bb in the A1, A/pay group a: - use Group leaders of offices) using Group A2, B/pay Group b: - leaders of business and branch offices primary recording
Are applicants who are equally suitable for the desired position as the best competitors, primarily to record 11 b B GlBG according to this woman promotion plan pursuant to § § 5 (1) for the inclusion in the Federal service. This also applies if the Frauenförderungsplan because of reaching or exceeding the 50% women in a group arranges no measures by the recording but the proportion of women would be there under 50%. Mapping comes to more than one group considered for inclusion in the Federal service and only one of these eligible groups is an under-representation, § 11 shall apply b B GlBG.
(2) in the circumstances applicable to the reimbursement of appointment, in particular the language skills of women must be considered. In the prisons is to ensure occupation proposals on a representative participation by women with different ethnic backgrounds.
Priority in promotion
Applicants who are equally suitable for the target highlighted use (function) as the best competitors, § 6 (1) according to this woman promotion plan pursuant to section primarily to be ordered 11 c B GlBG. This also applies if the Frauenförderungsplan because of reaching or exceeding the 50% women arranges no measures by the order but the appropriate proportion of women would fall below 50%. Mapping comes to more than one group considering for promotion and only one of these eligible groups is an under-representation, § 11 shall apply c B GlBG. In accordance with article IV, paragraph 2 of the judges and Prosecutor Service Act (RStDG), Federal Law Gazette No. 305/1961, is the federal equal treatment Act apply also when the cost of cast suggestions through the staff Senate.
(2) on affirmative action is to be taken into account when the entrustment with promotion-related activities, in particular, have the Presidents and Presidents of provincial courts, the courts of appeal and the Supreme Court of Justice, the Vorsteherinnen and head of the district courts, the directors and head of the public prosecutor's Office and Chief State Prosecutor and the 3supreme and the enforcement Directorate and the judicial institutions to cooperate in judicial administrative matters at the same fitness as a priority to attract women.
Priority in the education and training
Women-specific training events and training sessions in the field of non-discrimination, in particular appropriate continuing education opportunities of the Working Group for equal treatment issues, to provide § 7 (1) are in the educational concept of the Department. The training for presenters and executives have also on the topics of "Non-discrimination", "Bullying", to extend 'Equality' and "targeted promotion of women".
(2) women are to participate in education and training, which qualify to take of higher-quality usages (functions), primarily to allow (11 section d B GlBG) according to this MS support plan. This applies especially for judicial administration training, seminars and courses. On these measures is already noted in the announcement of initial and further vocational training. Decisions concerning the admission of service workers to basic training have without to be consideration on their part-time employment. The participation or the application to enable is also karenzierten and service workers.
(3) the employer has to take into account a participation possibility of concern obliged staff members in the Organization and particularly in the temporal and spatial implementation of internal education and training events.
(4) in the extraction of lecturers for training events and training courses, caution is to take on a representative participation of women, as well as relevant prior knowledge in the areas of equal treatment, non-discrimination and gender mainstreaming.
Invitation to tender
Section 8 (1) in tenders of positions of a certain use (classification) or certain functions is when in these the proportion of women in the area of effect of the service authority under 50%, the note to record that applications from women for these positions and functions are particularly desirable.
(2) the proportion of women on a certain use (classification) or a particular function under 50%, also a note about is the tender to absorb that women at equal fitness in cases of §§ 11 are primarily absorb b and 11 c B GlBG accordance of woman promotion plan or order (§ 7 para 3 B GlBG). Also the karenzierten service workers are to be included in the understanding of service women.
(3) the intended occupation of jobs, which are not subject to a call for tenders, a career advancement associated with the award, however, is suitably into account upcoming candidate/inner circle and the competent compliance officer to introduce the. The type of publication is according to the local conditions and the consideration next candidate/inner circle set in (§ 7 para 1 B GlBG). These are full-time service workers to communicate.
Representation on committees
§ 9 (1) the composition of the commissions provided for in the legislation of the service, collegial bodies and advisory boards, which are called upon to prepare decisions or to the decision in personnel matters, as well as emulated or comparable institutions, has members to be ordered by the employer at least one Member female and to be a member of the male. That or the Chairman of the Working Group for equality issues or a / e by her or him their servants/r has the right to participate in all meetings of the Commission or of the concerned body with an advisory vote. The provisions relating to the membership and confidentiality also apply to staff in an Advisory (§ 10 par. 1 B GlBG, 12 paragraph 1a and 35 para 1a output).
(2) likewise is in the nomination of members for other committees, in particular those with judicial participation, to take into consideration the ratio between female and male servants.
(3) or the Chairman of the Working Group for equal treatment issues or a servant designated made by him or her is by the Chairman of the Commission in a timely manner to invite B GlBG gem. § 10, to allow him or her the necessary preparation for the session.
10. (1) the superiors have to promote the official advancement of its employees within the framework of its duty of care by motivating to applications for functions and higher-value uses, or by invitation to participate in training events.
(2) the issues which are relevant in connection with achieving the objectives of this woman promotion plan, are at least once a year in the agenda of the meeting of staff leading bodies, to include in particular the President/inn/were of the courts of appeal, the Director/indoor meetings of the Chief State Prosecutor and the Director/internal meetings of prisons of. That or the Chairman of the Working Group and a / e by him or her Deputy are at best their / r to invite to these meetings.
(3) within the framework of construction caution is possible on the increased space requirement for the personnel of part of and Teilausgelastete.
(4) the employment prohibitions are under the maternity protection act by the employer strictly to observe; expectant mothers are through organization of work and other measures to support.
(5) upon return from service workers from maternity and karenzierten parents in the workplace, special attention can be set, in particular during the Service Division service divisions and tasks (Labour Organization) on the family interests of these staff. Requests for transfer to facilitate the reconciliation of work, family and care are taken into account, provided that no important an interest contrary.
(6) in edicts, orders and correspondence of the administration of Justice and on the official boards and door signs women are linguistically to visualize. Women are all terms relating to female employees as well as all official title and use labels to use in the female form.
Support the compliance officer
§ 11 (1) the activities of the compliance officer and their representatives is part of their duties. She stands them necessary free time to carry out their tasks. This is to take into account in particular in creation of business and staff divisions, as well as of business distributions. For the compliance officer, the minimum of exemption to be granted 20%, for the Chairman or the Chairman of the Working Group is 30%, for their representatives and for the second Deputy or the second Deputy in addition respectively 20% and 30% also the first Deputy to the first Deputy.
(2) the service authorities have to ensure that the financial means necessary to carry out their activities and resources (computer, personnel, space and administrative expenses) are the Working Group on equality issues and its members.
The desired are (3) of the Working Group for equality issues and its members by the representatives and representatives of the employer, to provide necessary information for the performance of their functions, in particular, is to give them as to the assessment of eligibility criteria or service misconduct also insight into the personnel files (§ 31 para 2 B GlBG). No professional detriment may arise from their activities contact women and representatives and their deputies, the compliance officer.
(4) names, telephone numbers and services of the equal treatment officers responsible for the respective area of effect and their representatives, the or of the Chairman of the Working Group for equal treatment issues at the Federal Ministry of Justice and her or his representatives and contact women for each area are leading "equality officer / Chairperson and contact women of the AGG" separately in the business distribution maps and phone registers of each service position under the keyword.
Reports and communications
Section 12 (1) to the preparation of the by the leaders of the subordinate service authorities have until 31 January every second year the Federal Minister / report to be 12 B GlBG to the Chancellor the Chancellor of the German Federal Minister of Justice pursuant to section, this is the 31 January 2012 for the next report to the Federal Ministry of Justice report on the status of the implementation of equal treatment and the promotion of women in the two previous calendar years within its sphere. This includes the report tables provided by the Federal Ministry of justice are to use.
(2) in accordance with § 29 par. 3 B GlBG may the working group needs of the head / the head of the Centre until end of January of each year a written report on the implementation of equal treatment and the promotion of women in the Department in the previous calendar year submit.
(3) the leaders of the subordinate service authorities and of the Federal Ministry of Justice OU responsible for the staff of the Central Office have to represent the occurred changes in the proportions of women in the total number of employees and the functions according to the classification in the annex shall by 31 January of the Working Group for equality issues including 31 December of the previous year and to face the numbers from the last report. If necessary, are also written reports on the causes and reasons that have led to the non-compliance with the mandatory requirements to join.
(4) in the framework of article 31 B GlBG are the equal treatment officers and their representatives in all requested personal and other information, to submit such evaluations from the human resources information system of the Federal Government or other statistical analyses. Statistical data are separated by gender (female figures) and moderate content ratings, as well as after usage processing pay or pay grades or functional areas - in the form desired by the compliance officer – especially on request. For the preparation of the proposal for the Frauenförderungsplan according to § 29 par. 2 Z 3 and 11a paragraph 1 are B GlBG to announce the data of employees as of December 31 of the previous year according to the outline apparent from the unit the compliance officer until 31 January.
(5) all cast proceedings relating to posts in use, remuneration or salary groups or functional areas in which the binding specifications according to the system are not met, are by submitting the tender or prospective buyer search promptly and informally to bring the compliance officer of the appropriate range of representation. In particular, the compliance officer are to communicate, what positions are advertised publicly or internally, who have asked and who is ultimately appointed to the advertised position.
(6) in any proceedings of the occupation, all documents that are relevant to the application process, in particular application requests, reviews, protocols, as well as opinions and cast proposals (including the establishment of collegial organs) are the compliance officer of the appropriate range of representation as well as the representatives of the employer to submit promptly and informally.
Additional measures to promote women in the prison system
Section 13 (1) the Chief of the prisons have to ensure that the promotion of professional access particularly to attract women for the Executive area is aligned.
(2) the recording process will be completed within 3 months of the application deadline. The training is only at the end of the recording process to begin.
Education and training, career advancement, repeating the call for tenders
The Chief of the prisons have 14 (1) to address specifically appropriate women in all application and selection process of the Executive range and to invite you to the application. Have until the application deadline no applications from women arrived, which comply with the conditions of appointment, recording requirements or eligibility criteria, is to advertise the post before the start of the selection process again and again to invite you to the training. With the consent of or the Chairperson of the Working Group for equal treatment issues, the repetition of the tender may be omitted. No applications from women arrive on the basis of the renewed invitation to tender again, is making the selection process.
(2) the assessment in the selection process has to be made according to objective criteria. House points are according to the proficiency assessment, as they have to be taken for the judicial preparation service, to grant a uniform assessment system. The scoring criteria of suitability is to establish each. The profession on which selection criteria are measured, has the skills and characteristics of women and men in the same way to take into account.
(3) no assessment criteria may be included in service descriptions and suitability assessments, from which arises a disadvantage for women. The eligibility criteria, based on a discriminatory, role-stereotyped understanding of equality, is not permitted.
Reconciling work and family life
Section 15 (1) the Chief of the prisons have therefore to ensure, that in the vicinity of the prison childcare in sufficient number are available, which take into account the needs of employees in the shift and service of change of. No additional costs for child care may arise from the shift and service of change of staff.
(2) in order to ensure the immediate use of a replacement force in cases of mutterschutz - and leave holiday-related absences of staff leave pools are set up with the required number of immediately available staff.
Improvement of working conditions for women
16. (1) the Chief of prisons are obliged to report how the proportion of women staff overall, in the Executive service and the function items compared with the previous year has evolved and what measures to achieve a women's quota of 50% for the coming year are planned at the end of each calendar year of the enforcement Directorate and the Working Group on equality issues. A deterioration of the women in the fields of the report is to establish separately for each individual case.
(2) the assessment of jobs and their weighting in connection with training and promotion criteria is to undergo a Genderprüfung year. The result of the test is to include in the annual report referred to in paragraph 1.
(3) in determining the duties, not discriminatory, a role-stereotyped understanding of gender-oriented task assignments must be carried out. The same applies to the description and design of workplaces.
(4) in the case of short-term arrangement of overtime, the employer has to take into account the family situation of employees. In particular, he has considered to take on short-term, not delegated supply obligations (E.g., care of family members).
(5) the head of the institution have to report an accusation of sexual harassment and/or bullying in any case, the superior authority of the service and the compliance officer is to inform them immediately. The disciplinary display is not dependent on an assessment of credibility or the severity of the alleged act to reimburse.
(6) employees and third persons claiming discrimination on grounds of sex, can - set without prejudice to the administrative and disciplinary supervision, as well as the assertion of legal consequences and claims - against the equal treatment directives of the European Union in connection with a service relationship to the Inspectorate also a complaint for non-compliance. The Inspectorate has to invite the person concerned to an open debate on the resolution of the dispute under direction of a neutral moderator / a neutral moderator within a month.