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Equal Treatment Commission - Rules Of Procedure

Original Language Title: Gleichbehandlungskommissions-Geschäftsordnung

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396. Ordinance of the Federal Minister for Health and Women, with which the Rules of Procedure for the Senate I-III of the Equal Treatment Commission are adopted (Rules of Procedure of the Equal Treatment Committee)

On the basis of § 9 of the Federal Act on the Equal Treatment Commission and the Equal Treatment Prosecution (GBK/GAW Act), BGBl. No 108/1979, as last amended by BGBl. I n ° 66/2004, is prescribed:

Chair of the Senate I-III

§ 1. (1) The Chairperson pursuant to Section 1 (2) of the GBK/GAW Act of the competent Senate shall conduct the Senate meetings in an appropriate, time-saving and cost-saving manner.

(2) The chairman shall open and close the meetings, give the floor in the meetings in the order in which the reports are received, shall bring the requests to the vote and shall take the decisions together.

Angelobung of senate members and spare members

§ 2. (1) The Chairman of the Senate shall, by handshake, remove the vow of conscientious and impartial pursuit of her duties by handshake to the members of the Senate (substitute members) who have been sent by a representation of interests before their office, and that such duties shall be the confidentiality of senate meetings and the confidentiality of the confidentiality of the meetings.

(2) The fact of the Angelobung of a senate member (substitute member) is to be recorded.

Convocation of a senate

§ 3. (1) Senate meetings shall be held by the Senate Chairperson

1.

as required

2.

the request of more than one-third of the members of the senate, whether written or at the meeting of the relevant Senate, orally to the minutes; or

3.

in writing or in meetings of the competent Senate, the request of the member of the public prosecutor's office referred to in Article 3 (2) (2) of the GBK/GAW Act concerning equal treatment in the field of action relating to his sphere of action Matters to be convened.

(2) The invitation to the Senate meeting shall be sent in writing to the members of the Senate and to the Office for Equal Treatment at the latest three weeks before the date of the sitting and shall include time, place and agenda.

(3) A member of the Senate charged with the Senate meeting shall, in the event of prevention, agree on a replacement member in a timely manner and with the assistance of the relevant meeting documents.

(4) If a member of the Senate is prevented from participating in the meetings of the Senate for a longer period of time, a substitute member shall be charged.

Agenda

§ 4. (1) The agenda shall be determined by the chairman of the senate.

(2) If requested after the convocation of a senate according to § 3 paragraph 1 Z 2 and 3 is the desired item of the agenda to be announced in writing by the Senate Chairman.

(3) Requests to supplement or amend the agenda of a Senate meeting, including the respondents invited to individual items on the agenda, shall be submitted by the members of the Senate or by the person referred to in Article 3 (2) (1) (1-5) of the GBK/GAW Act. Member of the Office for Equal Treatment in the matters relating to his/her scope of action shall announce at least two weeks before the date of the scheduled meeting of the President of the Senate. The members of the Senate and the competent member of the Office for Equal Treatment shall be informed of such requests without delay, and any existing documents shall be communicated to them.

(4) Supplements of the agenda in the course of a senate meeting shall be admissible by a decision of the Senate.

(5) The communication between the Senate members, the Chairman of the Senate, the Office for Equal Treatment and the Management of the Senate by means of electronic mail, shall be deemed to be written communication.

Confidentiality and non-public opinion

§ 5. Senate meetings are not public and confidential. The participation of an information person or their representative in the questioning of another person is therefore inadmissible.

Log

§ 6. (1) The contents of a Senate meeting shall be subject to a protocol to be submitted by the Senate Chairman and the Executive Board of the Senate, which shall be forwarded to the members of the Senate and to the Office for Equal Treatment.

(2) The sound tape recording of the session history is allowed.

(3) With regard to § 5, respondents are requested by the senate, their legal representatives, in the case of underage respondents, their legal representatives and, in the case of the representation of an information person, by a representative/in a non-governmental organisation of that person, on request, to transmit the minutes of the information requested by the requested information person.

(4) objections to the protocol may be submitted to the management of the senate until two weeks after receipt of the protocol. The chairman of the Senate may, in cooperation with the management, make corrections in this case. If this is not done, the competent Senate shall decide on this. This is a corrected version of the protocol part to which the objections relate, to all the members of the Senate, to the Office for Equal Treatment and, in the case of the request of the protocol part by an information person, to this or whose (right) representatives are to be transmitted.

Decision-making

§ 7. (1) The Senate is quorum if more than half of the Senate members (substitute members) are present.

(2) The Senate shall take its decisions with a majority of votes. Abstention is permissible. The Senate Chairperson will give her/his/her voice last. In the event of a tie, the opinion shall be deemed to have been accepted by the Senate Chairperson; in this case, the Senate President shall not abstain.

Management

§ 8. The tasks of the business management are:

1.

the handling of the correspondence necessary for the performance of the tasks of the Senate

2.

the inclusion of log arantans

3.

The minutes of the meetings

4.

Participation in the preparation of the minutes of the senate meetings

5.

participation in the preparation of proposals, test results and opinion of the senate

6.

the coverage of the meetings

7.

Participation in the announcement of the opinions of the Senate of the GBK in accordance with § 11 para. 3 and rulings pursuant to § 12 paragraph 6 GBK/GAW-Act

8.

Participation in the disclosure of violations of the reporting obligation pursuant to § 13 paragraph 4 GBK/GAW-Law

9.

the payment of travel and subsisting expenses to the respondents and members of the senate (replacement members)

10.

the participation in the preparation of the part of the report relating to the work of the senate according to § 24 GBK/GAW-Act to the National Council.

The Office for Equal Treatment

§ 9. (1) The respective member of the Office for Equal Treatment pursuant to Section 3 (2) Z 1-5 of the GBK/GAW Act shall be entitled to participate in the meetings of the Senate in the matters relating to its scope of action. On request, the word shall be given to him.

(2) For the regional lawyers responsible pursuant to Section 3 (2) of the GBK/GAW Act, Regional representatives shall be entitled to participate-and the right to interview only for matters relating to their respective local area of activity.

Procedure for the preparation of expert opinions

§ 10. (1) A request or a request pursuant to § 11 GBK/GAW Act shall be placed on the agenda of a meeting of the Senate responsible for the treatment after preparation of the documents required for the deliberation of this matter. The draft opinion is to be submitted to the final consultation by the relevant Senate, the written draft is to be transmitted to the Senate members together with the summons to the Senate meeting.

(2) The Senate, after consulting the application or the request and the consultation of the respondents, shall provide an expert opinion, which shall be in full text, but in an anonymised form on the homepage of the Federal Ministry of Health and women, free of charge.

Procedure for case-by-case examination

§ 11. (1) Applications or Requests for the initiation of proceedings pursuant to § 12 of the GBK/GAW Act are required in view of the cashing of the frices in accordance with Section 29 (2) of the Equal Treatment Act, Federal Law Gazette (BGBl). I No 66/2004, which shall be accompanied by relevant documents to the Equal Treatment Commission.

(2) The Chairman of the Senates I has to coordinate the activities of the Equal Treatment Commission. Applications Requests for which the competence of a Senates of the Equal Treatment Commission is not clear must be submitted to the Senate I.

(3) The chairman of the Senate has received the incoming requests and/or Require the Senate to submit its decision. If the Senate Chairman holds the Senate's responsibility for, the motion shall be submitted by the Executive Board of the Senate to the members of the Senate, as well as to the Office for Equal Treatment for the benefit of the Senate. At the same time, the request shall be submitted to the persons against which it is addressed, with the request to submit a written reply to the content of the application within three weeks, with the exception of the requests for proof.

(4) In the opinion of the Senate Chairman, if the present documents are to be assessed for the purpose of assessing the facts, the matter shall be placed on the agenda for the next Senate meeting. The Senate is to be informed by a summary report on this matter.

(5) The written opinion submitted in the procedure shall be transmitted to the applicant, with the exception of the requests for evidence, for information. A further written statement by the applicant is to be sent to the respondent for information. In the case of the transmission, it should be pointed out to the following survey as an information person.

(6) The Chairman of the Senate shall, if necessary, obtain further information from applicants, employers and other persons. Employers and all other employees of an undertaking concerned shall be obliged to provide the Equal Treatment Commission with the information necessary for carrying out its tasks.

(7) The worker (s) in or on the basis of discrimination within the meaning of the III. Part, 1. Section of the Equal Treatment Act (GlBG) Affected person has the right to himself/herself by a person of their trust, in particular a representative of an interest representation or a non-governmental organisation in the proceedings before the Commission of the Equal Treatment Commission.

(8) At the request of the worker (s) or of the discrimination within the meaning of the III. Part, 1. Section of the Equal Treatment Act (GlBG) The person concerned is a representative of a non-governmental organisation which has been reputable by that person in accordance with § 14 paragraph 4 of the GBK/GAW Act.

(9) At the same time as the initiation of the proceedings by the transmission of the procedural application or The worker (s) is required to be subject to discrimination within the meaning of the III. Part, 1. Section of the Equal Treatment Act (Equal Treatment Act) explicitly to the person concerned about this application.

(10) The amendment or withdrawal of an application or of a failure up to the time of the decision by the Senate as well as recommendations and suggestions by senate members to clean up by means of a comparison are possible at any time.

Questioning of respondents in case of case-by-case examination procedures

§ 12. (1) The Senate has to charge in writing the information staff to be requested for a case-by-case examination procedure after its decision.

(2) In the second charge to an information person, it should be pointed out that if a person charged by the senate as an information person also does not comply with a second charge, the senate shall be responsible for the treatment of the procedural person. Application and/or of the request without the statement of this information person.

(3) With regard to the confidentiality and non-public opinion of the Senate meetings in accordance with Section 14 (4) of the GBK/GAW Act, the invited respondents are interviewed individually.

(4) Any invited person may, at his own request, be able to attend the interview in the presence of her attorney/attorney. a representative of the professional representative responsible for this person, or of a non-governmental organization.

(5) In special cases (e.g. in the case of underage persons) a person of trust may be consulted if requested by the information person.

Result of an individual case review

§ 13. (1) After examination of the facts of the case, the competent Senate considers that there is a violation of the Equal Treatment Act, the result of the examination is the proposal to the employer/s/her/her/her/her/her/her/her/her/her/her/her/her/ the persons responsible for the discrimination are demonstrably connected with the request to end the discrimination.

(2) In the case of reimbursement of a proposal, provision should be made for a reasonable period of time within which the employer/employer or the person responsible for the discrimination has to report to the Senate in writing.

(3) After examination of the facts of the case, the senate considers that there is no violation of the equal treatment offer, that is the case, the applicant, the defendant/s/inn/en/his/his/his/his/his/his/his/his/his/his/his/his/his/his/his/his/his/his/her Verifiers can be shown to inform them in writing.

Request for documents of a GBK procedure by a court

§ 14. In the case of the request by a court of documents relating to a procedure before the GBK, the transmission of the examination result or the opinion of the senate relating to the same facts is admissible.

Obligation to report

§ 15. (1) The request for reporting in accordance with § 13 (1) and 2 of the GBK/GAW Act as well as the establishment of any special requirements for the contents of the report shall be made by the Senate, specifying a time-limit to be determined in each individual case. in writing.

(2) Reports pursuant to Section 13 (1) and (2) of the GBK/GAW Act shall be submitted in writing to the management of the Senate.

Committees of the Senate

§ 16. (1) A committee shall be established by decision of the relevant Senate. The number of members of the Committee shall be determined by the Senate by decision, each committee including the Senate Chairperson consisting of at least three Senate members (replacement members).

(2) The chair of the Senate is to be chaired by the chairman of the Senate or a staff member of the Federal Republic of Germany. The remaining members of the committee are to be found out of the circle of members of the senate (substitute members) who have been repudiated by the sending interest groups, with at least one representative (s) in the employer (s) and one representative (s) in the group (s). the employee must be represented on the committee.

(3) The decision-making in the committees shall be carried out by a majority of the votes cast. The provisions of the Rules of Procedure shall apply mutatily to the implementation of the procedure before a committee.

(4) The Chairman of the Senate shall inform the members of the Senate not represented in the committee set up for the implementation of a procedure, at their request, of the state of play of this procedure and, after the latter's conclusion, of the outcome.

(5) The Senate may, at any time, withdraw a matter which has been transferred to a committee by decision.

Out-of-Force Trees

§ 17. The regulation of the Federal Minister of Social Affairs of 26 June 1979, BGBl, enters into force with the entry into force of this Regulation. No 278/1979 idF BGBl. No 440/1985 concerning the management of the Equal Treatment Commission (Equal Treatment Commission).

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