Key Benefits:
101. Federal law amending the Labour Constitution Act, the Post-Works Constitution Act and the Land Labour Act 1984
The National Council has decided:
Article 1
Amendment of the Labour Constitution Act
The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 58/2010, is amended as follows:
1. § 21 (2) reads:
" (2) The Federal Office of the Federal Ministry of Labour, Social Affairs and Consumer Protection and each of the Court of Justice of the Federal Republic of Germany has issued a copy of the statutes (Declaration of the Statutes and the Statutes of the Articles of Association) with an indication of the number and the date of the proclamation in the Bundesgesetzblatt II and the number of cadastrates, as well as to announce the erasing of a statute. "
2. § 49 (1) last sentence is deleted.
The second sentence of Article 49 (3) reads as follows:
"This provision shall not apply in the cases of § § 40 (3) and 42 (1) (3), (4) and (8)."
(4) § 49 (3) the following sentence is added:
"The revitalisation of the electoral board in accordance with section 42 (1) Z 5 can only be carried out if at least one third of the employees entitled to vote are present."
5. § 50 para. 2, first sentence reads:
"The number of members of an works council shall be determined by the number of employees employed in the holding on the day of the General Assembly for the election of the electoral board."
6. § 52 (1) last sentence is deleted.
Section 53 (1) reads as follows:
" (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 |
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2. |
have been employed for at least six months in the course of the holding or of the undertaking to which the establishment belongs. " |
Section 55 (5) reads as follows:
" (5) 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, any employee of the establishment, the competent voluntary professional association or the legal representation of the employees of the employees may convene the holding (groups). At the same time, this has to appoint a new electoral presume. "
9. The following sentence shall be added to section 67 (1):
"If a youth trust council is in operation or if a disabled person is elected, they shall be invited at the same time."
(10) The following paragraph 4 is added to § 68:
" (4) Decisions by written vote shall be admissible only if no member of the works council contradicts this procedure. The same shall apply to teleoral or other comparable forms of decision-making. The Chairman shall ensure the documentation of the decision-making process. "
11. § 96 (1) Z 4 reads:
" 4. |
In so far as a regulation by collective agreement or statutes does not exist, the introduction and the regulation of chord, piece and pay wages as well as accortable premiums and charges-with the exception of home pay fees-which are based on statistical methods, methods of data collection, micro-time or similar payment methods, as well as the relevant principles (systems and methods) for the calculation and calculation of such wages or salaries, Charges. " |
12. § 97 (1) Z 16 reads:
" 16. |
-profit-sharing schemes and the introduction of premium and performance-related premiums and charges not only for individual employees, in so far as such premiums and charges are not covered by Article 96 (1) (4) of the EC Treaty; " |
13. § 105 together with headline reads:
" Dispute of dismissal
§ 105. The farmer shall inform the works council before each dismissal of a worker, who may take a position within one week.
(2) The farmer shall, at the request of the works council, consult with him within the time limit for the opinion on the dismissal. A notice of termination issued before the expiry of this period shall be legally ineffective, unless the works council has already delivered an opinion.
(3) The dismissal may be appealed to the Court of First Instance if:
1. |
the dismissal |
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a) |
on the date of accession or membership of the worker to trade unions; |
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because of its activity in trade unions; |
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c) |
for the convening of the operating assembly by the worker; |
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d) |
because of his duties as a member of the electoral board, an electoral commission or as an election witness; |
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e) |
because of his application for membership of the works council or because of an earlier activity in the works council; |
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f) |
because of his duties as a member of the Schlichtungsstelle; |
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g) |
because of his or her work as a security officer, a safety professional or an occupational health professional, or as a specialist or auxiliary staff of security professionals or occupational health professionals; |
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h) |
due to the imminent convocation of the employee to the presence or training service or assignment to the civil service (§ 12 Workplace Safety Act 1991, BGBl. N ° 683); |
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i) |
Because of the apparently non-unjustified claim by the employer of the employer's claims arising from the employee's employment relationship; |
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j) |
Because of his activities as spokesperson pursuant to Section 177 (1) |
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is or is not |
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2. |
the dismissal is socially unjustifiable and the announced employee is already employed for six months in the company or in the company to which the company belongs. Socially unjustifiable is a termination which affects the essential interests of the employee, unless the farmer provides proof that the termination of the notice of termination is |
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a) |
by circumstances which are situated in the person of the worker and which adversely affect the operational interests of the worker; or |
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b) |
by operating requirements which prevent the worker from continuing to work, |
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is justified. |
(3a) The circumstances referred to in paragraph 3, Z 2, lit. a, which are caused by long-standing employment as a night-time worker (Art. VII NSchG), may not be used to justify the termination if the employee can continue to be employed without significant damage to the holding.
(3b) circumstances referred to in paragraph 3 (2) (a) which have their cause at a higher age of a worker who is employed for many years in the establishment or undertaking of which the establishment is a member, shall be allowed to justify the denunciation of the older worker Workers shall only be consulted if there is a significant adverse effect on the continuing employment of interests in the enterprise. In the case of older workers, both in the examination of whether a dismissal is socially unjustified, and in the comparison of social aspects, the fact of a multi-year uninterrupted period of employment in the establishment or enterprise, to which the worker is responsible, shall be: In particular, it is necessary to take particular account of the difficulties encountered in reintegration into the work process due to the higher age of life. This applies to workers who, at the time of their recruitment, are 50 years old. They shall not be in operation or undertakings to which the establishment belongs only after the completion of the second year of employment.
(3c) The works council shall have a notice of termination in accordance with paragraph 3 (2) (2) (2). b), the dismissal of the employee is socially unjustifiable if a comparison of social aspects for the gunman has a greater social hardship than for other workers of the same establishment and the same The activities of which the announcement of the announcement is capable and willing to perform.
(4) The farmer shall inform the works council of the termination of the notice of termination. The works council may, at the request of the announced employee, contest the dismissal of the dismissal in the court within one week of being notified of the dismissal if he expressly objected to the dismissal. If the works council does not comply with the worker's request, it may, within two weeks after the expiry of the period in force for the works council, contest the dismissal itself in the case of the court. If the works council has not delivered an opinion within the time limit laid down in paragraph 1, the employee may, within two weeks of receipt of the notice, contest the dismissal at the court itself; in this case, a comparison of social aspects shall be not to be carried out within the meaning of paragraph 3c. If the works council withholds the action for action without the consent of the announced employee, the effect of the withdrawal of the application shall not enter into force until the worker who has been informed by the court of law does not within 14 days from the date of the agreement in the Lawsuit occurs. If the works council expressly consented to the intended termination within the period referred to in paragraph 1, the employee may, within two weeks after receipt of the notice of termination, contest the dismissal in the court of law, in so far as paragraph 6 does not apply otherwise. determined.
(4a) In the event that the employee brings the action for a challenge within an open period to a local court, the action shall be deemed to have been brought in due time.
(5) Inasmuch as the plaintiff is convened in the course of the proceedings for a reason of appeal within the meaning of paragraph 3 Z 1, he has to make this credible. The challenge is to be dismissed if, in the event of consideration of all circumstances, there is a higher probability that another motive, credibly made by the employer, was decisive for the termination.
(6) If the works council has expressly consented to the intended termination within the time limit referred to in paragraph 1, the dismissal in accordance with paragraph 3 (2) may not be challenged.
(7) If the court of appeal is held, the denunciation shall be legally ineffective. "
14. § 107 with headline reads:
" Dispute by the worker
§ 107. In establishments in which works councils are to be constructed but do not exist, the worker concerned may, within two weeks of receipt of the dismissal or the dismissal, contest the dismissal of the worker in the court. Section 105 (4a) shall apply. "
Section 108 (2a) of the second and third sentences are as follows:
" The information shall be provided at a time, in a manner and in a form of content which is appropriate for the purpose and shall enable the works council to assess in detail the possible impact of the proposed measure and to enable the works council to: To deliver an opinion on the proposed measure, and at the request of the works council, the farmer shall consult with him on the proposed measure. In particular, the information
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the reason for this measure; |
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the resulting legal, economic and social consequences for workers; |
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3. |
the measures envisaged with regard to workers |
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" |
16. § 109 para. 1, first sentence reads:
" The farmer is obliged to inform the works council of planned changes in operation at a time, in a manner and in a content-related design, which will enable the works council to have the potential impact of the planned changes in the operation of the plant. To assess the measure in detail and to give an opinion on the proposed measure; at the request of the works council, the farmer shall, with him, carry out a consultation on the design of the measure. "
17. § 115 (3), first sentence reads:
" The members of the works council shall not be restricted in the performance of their duties and shall not be disadvantaged on account of the activities of the members of the works council, in particular as regards remuneration, promotion opportunities and company training and retraining measures. "
18. § 117 (4) deleted.
Section 123 (3) reads as follows:
" (3) Youth workers in the sense of this main item are workers, including home workers, who are the 18. They have not yet completed their life year, and apprentices who are 21 years old. They have not yet completed their life year. "
20. § 124 (6) last sentence is deleted.
The first sentence of Article 125 (3) reads as follows:
"The number of members of the Youth Trust Council to be elected depends on the number of young workers on the day of the election tender."
22. § 126 (4) reads:
"(4) All youthful employees of the holding who are employed on the day of the election tendering and on the day of the election are entitled to vote in the holding."
23. § 126 (5) reads:
" (5) All workers who are eligible are eligible
1. |
on the day of the election, the 23. have not been completed and have not been completed |
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2. |
have been employed on the day of the election for at least six months in operation. " |
24. In accordance with § 144 (2), the following paragraph 2a is inserted:
" (2a) The chairman and the co-chairs of the Schlichtungsstelle are free of instructions. The Federal Minister of Labour, Social Affairs and Consumer Protection is entitled to inform himself of all the objects of the Management Board of the Schlichtungsstelle. "
25. In § 146 (2a) the expression "Section 4 (8) of the Working Time Act" by the expression "Section 4 (6) of the Working Time Act" replaced.
26. § 172 reads:
" § 172. In order to determine the number of employees employed in Germany (Article 171 (5)), the obligations of the local management of the company in accordance with sections 177 (2) and (3) and 206 (2), the posting of Austrian members into the special negotiating body (§ § 179, 180) or in the European Works Council (§ 193), the termination of their membership to the special negotiating body in accordance with § 185 (2) Z 2 to 4 and 6, or on the European Works Council pursuant to § 196 (4) (2) to (4) and (6), the obligation to comply with the obligation of confidentiality (Section 204) and the protective provisions applicable to them (Section 205 (1)), as well as the right to an educational exemption (Section 205 (2)), the following shall apply: Provisions of the V. Part even if the central management is not within the territory of the country. "
27. § 173 (2) to (5) are:
" (2) The information referred to in the V part is to be understood as the transmission of information by the employer to the representatives of the employees, in order to give them the opportunity to take note of the question and to examine the question. The information shall be provided at a time, in a manner and in a form of content which is appropriate for the purpose and shall enable workers ' representatives to assess the possible effects in detail and, where appropriate, to: to prepare hearings with the competent body of the undertaking or group of undertakings.
(3) Consultation within the meaning of Part V. shall be the establishment of a dialogue and exchange of views between the representatives of the employees and the central management or any other, more appropriate level of management at a time, in a manner and in a manner which is appropriate to the to understand the content of the content, which enables the employee representatives, on the basis of the information received, without prejudice to the responsibility of the management within a reasonable period of time for the proposed to deliver an opinion to be delivered within the undertaking or group of companies can be considered.
(4) The information and consultation of employees shall take place on the relevant level of management and representation, depending on the subject under consideration. The competence of the European Works Council and the scope of the information and consultation procedure shall be limited to matters of transnational nature.
(5) Cross-country matters are those which concern the Community-scale undertaking or group of undertakings as a whole, or at least two undertakings or undertakings of the group of undertakings in at least two Member States. In order to establish the transnational nature of a matter, account must be taken of both the extent of its possible impact and the level of management and representation concerned. In any event, irrespective of the number of Member States concerned, those matters which are of concern to European workers in terms of the scope of their possible effects or which are the relocation of Activities between Member States. "
28. The text of the previous § 174 receives the sales designation "(1)" ; the following paragraph 2 is added:
Each management of an undertaking belonging to a group of undertakings, together with the central management, shall be responsible for collecting the information necessary for the opening of negotiations and for the parties to which the Directive is based. , as well as to the rest of the company's management. This concerns in particular the information on:
1. |
the structure of the undertaking or group of undertakings, |
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the number of holdings in the undertaking or workers employed in the establishments and undertakings of the group of undertakings, |
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3. |
the number of workers employed in each Member State, |
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4. |
the total number of persons in the undertaking or employees in the group of companies, |
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5. |
the identity of the persons representing the employees in the undertakings of the undertaking or bodies set up in the undertakings and undertakings of the group of undertakings and the number of employees represented by those institutions. ' |
29. § 176 (6) reads:
" (6) A dominant influence shall not be present in so far as credit institutions, other financial institutions or insurance and investment companies within the meaning of Article 3 (5) (5). (a) or (c) of Regulation (EC) No 139/2004 on the control of concentrations between undertakings shares shares in another undertaking. "
30. § 178 reads:
" § 178. (1) For each share of workers employed in a Member State, which represents 10% of the total number of employees of the undertaking employed in all Member States, or of the group of undertakings or a fraction thereof, a Member from that Member State shall be sent to the special negotiating body.
(2) In addition, representatives of employees from non-Member States may be consulted, provided that the central management and the special negotiating body agree on this. "
31. In accordance with § 180 (3), the following paragraph 3a is added:
" (3a) In the case of any Austrian operation of the undertaking or the group of companies is set up by the competent legal representation of the employees of the group. "
32. In accordance with Section 181 (4), the following paragraph 5 is added:
" (5) The central management has the composition of the special negotiating body and the start of negotiations with the relevant European workers 'and employers' associations and the competent Austrian legal authorities. To inform the workers ' interests immediately after the meeting has been convened with the special negotiating body referred to in paragraph 4. "
33. § 182 together with headline reads:
" Sessions
§ 182. (1) The special negotiating body shall have the right to meet, before and after each negotiation with the central management, a meeting.
(2) The special negotiating body may, in the negotiations with the central management, be supported by experts of its choice. Experts shall have the right to participate, at the request of the special negotiating body, with a consultative role in the negotiations with the central management.
(3) Experts within the meaning of paragraph 2 shall in particular also be able to understand representatives of the relevant European workers ' associations. "
34. § 186 (2) reads:
The administrative expenditure of the special negotiating body required for the proper performance of the tasks, in particular the costs incurred for the organisation of meetings and in each case preparatory and post-preparatory meetings. including the cost of interpretation and the cost of, in any case, an expert, as well as the travel and travel expenses of the members of the special negotiating body, and, in any case, an expert, from the central management "
Section 188 (2) reads as follows:
"(2) A new request for the convening of the special negotiating body may be submitted at the earliest two years after the decision in accordance with paragraph 1, unless the central management and the special negotiating body set a shorter period."
36. § 189 Z 2 and 3 are:
" 2. |
the composition of the European Works Council, the number of Members, the distribution of seats, taking into account as far as possible a balanced representation of workers by activity, categories of workers and sex, and the duration of the mandate, including the effects of significant changes in the number of companies in the enterprise, in the group of employees; |
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3. |
the powers and the information and consultation procedures of the European Works Council, as well as the arrangements for voting between the information and consultation of the European Works Council and the national workers ' representatives, where it is necessary to ensure that the rights of participation of national workers ' representatives are not diminuded; " |
37. § 189 Z 5 to 7 are:
" 5. |
where appropriate, the composition, the procedures for the appointment, the powers and the procedures for the meetings of the closer committee set up within the European Works Council; |
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6. |
the financial and material resources to be made available to the European Works Council, and |
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7. |
the date of entry into force of the agreement and its duration, the arrangements for the modification or termination of the agreement and, where appropriate, the cases in which a renegrown is made and the procedure to be followed, in particular in the case of: Case of changes in the structure of the company or group of companies " |
38. § 192 together with headline reads:
" Composition
§ 192. For each share of workers employed in a Member State, which represents 10% of the total number of employees of the undertaking employed in all Member States, or of the group of undertakings or a fraction thereof, a member of that Member State shall be sent to the European Works Council. Section 178 (2) shall apply mutatily. "
39. § 194 (3) Z 1 reads as follows:
" 1. |
The composition and management of the narrower committee according to § 195; " |
40. § 194 (4), first sentence reads:
"The European Works Council shall have the right to meet, before and after each meeting with the central management (§ 199), to a meeting."
41. § 195 with headline reads:
" Engerer Committee
§ 195. The European Works Council shall elect from its centre a narrow committee which may consist of a chairman and a maximum of four other members. The closer committee shall be responsible for the day-to-day operations of the European Works Council; it shall have its own rules of procedure. Section 194 (4) shall apply to the closer committee. "
Section 199 (2) reads as follows:
" (2) The information shall relate in particular to the structure, the economic and financial situation and the probable development of the business, production and sales situation of the undertaking or group of companies. The information and consultation shall relate in particular to the employment situation and its probable development, to investment, to fundamental changes to the organisation, to the introduction of new working and manufacturing processes, to Relocations of production, mergers, downsizing or closures of companies, businesses or important parts thereof, as well as mass redundancies. "
43. In accordance with § 199 (2), the following paragraph 3 is added:
" (3) The hearing (Section 173 (3)) shall be carried out at a time, in a manner and in a form of content, which allows the workers ' representatives, on the basis of the information received, without prejudice to the competence of the The Commission shall, within a reasonable period of time, deliver an opinion on the proposed measures and receive a reasoned reply to their opinion. "
44. The previous § 203 receives the paragraph designation "§ 201" ; in accordance with § 201, the following heading shall be inserted:
" 4. Main item
Other provisions "
45. The previous § 201 receives the paragraph designation "§ 202" ; it reads with the headline:
" Special Purpose enterprises
§ 202. (1) § § 199 and 200 shall not apply to companies which directly serve the purposes specified in section 132 (2) insofar as these are matters that influence the political direction of these companies.
(2) § § 199 and 200 shall be applied to undertakings within the meaning of paragraph 1, but in any event to the extent that the information is based on fundamental changes to the organisation, on the introduction of new working and manufacturing processes or on collective redundancies. . Article 199 (2) shall apply to undertakings within the meaning of paragraph 1 in any event, in so far as the information is related to the structure of the undertaking and to its economic and financial situation. "