First Election Rules To The Codetermination Act

Original Language Title: Erste Wahlordnung zum Mitbestimmungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/mitbestgwo_1_2002/BJNR168200002.html

First election rules to the codetermination Act (1 WOMitbestG) 1 WOMitbestG Ausfertigung date: 27.05.2002 full quotation: "first election rules to the co-determination Act of 27 May 2002 (BGBl. I p. 1682), by article 1 of the Decree of October 10, 2005 (BGBl. I S. 2927) has been changed" stand: amended by art. 1 V v. 10 10 2005 I learn 2927 more to the stand number in the menu see remarks footnote (+++ text detection from) : 1 6.2002 +++) input formula on the basis of § 39 of the co-determination Act of 4 May 1976 (BGBl. I p. 1153) ordered the Federal Government: table of contents section 1 scope part 1 election of the Supervisory Board of workers Chapter 1 introduction of the choice, vote on the kind of choice of that election proposals section 1 introduction the choice section 2 notice of the company section 3 operation Election Committee § 4 formation of the operating selection board § 5 composition of the operating selection board § 6 § 7 obligation management of operating Election Committee § 8 voters list § 9 notice of the formation of operation Election Committee and the electoral register section 10
Change request section 11 appeals against the accuracy of the voters list section 2 vote on the version of the selected section 12 section 13 notice request for vote § 14 vote evaluator writing § 15 voting section 16 voting procedure article 17 use of voting machines § 18 conditions § 19 written voting procedures at written voting section 20 public counting § 21 held on voting section 22 notice of the vote section 3 distribution of seats, election proposals under section 1 distribution of seats the company members Supervisory Board of workers article 23 distribution of seats the company-affiliated Supervisory Board of workers under section 2 nominations § 24 notice concerning the filing of nominations section 25 election proposals the article 3, paragraph 1 No. 1 of the Act referred to in section 26 workers election proposals of trade unions § 27 election proposals for replacement members under section 3 additional requirements for the nomination of officers section 28 notice of vote for the nomination of officers section 29 voting proposals of the officers article 30 vote of officers section 31 vote held under section 4 examination and notice of election proposals § 32 examining article 33 election proposals invalid election proposals article 34 grace period for election proposals section 35
Notice of election proposals section 4 applicable provisions of § 36 applicable provisions of Chapter 2 direct election of supervisory board members of the employees section 1 choice ausschreiben § 37 choice ausschreiben section 2 holding of elections under section 1 election of several members of Supervisory Board of workers in a ballot due to multiple nominations section 38 voting, election process § 39 public counting § 40 determination of the selected subsection 2 election of several members of Supervisory Board of workers in a vote due to only draft article 41 electoral votes , Electoral process section 42 public counting § 43 determination of selected under section 3 choice of only a supervisory board member of workers in a ballot of section 44 choice of only a supervisory board member of workers in a vote under section 4 written vote section 45 conditions § 46 procedures in voting under section 5 choice transcript, notifications article 47 election transcript section 48 notice of the election result, notification of selected paragraph 49 retention of the offing of Chapter 3 election of supervisory board members of workers through delegates section 1 election of the delegates of subsection 1 delegates with multiple mandate section 50 no choice by Delegates according to this subsection, if in the company for the election of the Supervisory Board of other companies elected delegates with multiple mandate delegates will be article 51, which at the same time voted for the election of the Supervisory Board of other companies 2 introduction of the choice of section 52 subsection calculation of the number of delegates article 53 choice ausschreiben for the choice of the delegates under section 3 nominations for delegates § 54 election proposals article 55 examination of election proposals article 56 invalid nominations § 57 grace period for nominations section 58 notice of election proposals under section 4 election of delegates in a ballot due to multiple nominations section 59 voting, election process section 60 public counting § 61 determination of the selected subsection 5 determination of delegates if there is only a choice proposal for a ballot of § 62 determination of delegates if there is only a choice proposal for a ballot under section 6 written vote section 63 conditions § 64 procedures in voting under section 7 election transcript, notifications section 65 choice transcript section 66 announcement of the election results , Notification the selected subsection 8 exception section 67 exception section 2 selection of supervisory board members of workers by delegates under section 1 Assembly of delegates, delegate list § 68 delegates § 69 delegates list article 70 objections against the correctness of the delegate list under section 2 communication to the delegates § 71 communication's delegates under section 3 election of several members of Supervisory Board of workers in a ballot due to multiple nominations § 72 voting, election process § 73 public counting § 74 determination of selected under section 4 election of several members of Supervisory Board of workers in a ballot due only draft choice section 75 voting, election process section 76 public counting § 77 determination of selected under section 5 choice of only a supervisory board member of workers in a ballot of § 78 choice of only a supervisory board member of workers in a vote under section 6 election transcript, notifications section 79 choice transcript section 80 announcement of the election results, notification of selected article 81 storage the offing part 2 dismissal of supervisory of workers Chapter 1 common provisions article 82 introduction the section 83 the appeal procedure list of eligible workers and workers § 84 examination of the application on dismissal § 85
Applicable provisions of Chapter 2 vote on the dismissal of a supervisory board member of § 86 workers elected in direct election dismissal Committee letter, voters list section 87 files Chapter 3, vote, vote vote on the dismissal of a supervisory board member of § 88 workers selected by delegates delegates list § 89 delegates, communication of the operation selection board's article 90 delegates voting, vote, files Chapter 4 substitute members § 91 alternate members part 3 transitional and final provisions § 92 first-time application of the law on a company article 93 calculation of time limits article 94 transitional § 95 entry into force , Force § 1 scope (1) consists of a company where the workers and workers have a co-determination rights according to § 1 (1) of the Act, a company, so the election and dismissal of supervisory board members of the employees of this company are determined by the provisions of this regulation. In the election or to the dismissal after section 4 or section 5 of the Act the workers and workers of other companies participate, so shall be governed by the provisions of the third electoral code to the codetermination Act.
(2) the election of the Supervisory Board of workers 1 (3) the dismissal of Supervisory Board of workers shall be determined according to the provisions of part 1 election of the Supervisory Board of workers chapter part 2 shall be governed by the provisions of part 1 introduction of the choice, vote on the type of choice, election proposals section 1 introduction the choice of § 2 notice of the company (1) which makes company at least 19 weeks before the expected start of the term of Office of the Supervisory Board of the workers to be elected known , that supervisory of workers are to choose. In the notice must also be given: 1. the estimated start of the term of Office of the elected Board members of workers;
2. the number of the elected Board members of workers;
3. the number of workers normally employed in the companies and workers.
The workers and employees of the company also participate in the election of the Supervisory Board of other companies (sections 50, 51) and the term of Office of the members of the Supervisory Board starts not more than twelve months before or after the commencement of the term of Office of the Supervisory Board to be elected under this regulation, this in the notice is so specify.
(2) the notice may by posting them at one or more appropriate, the voters reach areas in operation and through use of the existing information and communication technology be carried out within the company. The use of information and communication technology is allowed only if the list of addressees of this form of publication of the notice could gain knowledge and precautions are taken so that the company may make changes to the notice.
(3) at the same time announcing the company shall send a copy of the notice 1 the Works Council and the representative Committee, 2nd trade unions represented in the company, 3. the after section 117 subsection 2 sentence 1 of the works Constitution Act by collective agreement representations for workers employed in the flight operations and employees of the company built.

§ 3 operating Election Committee the timely introduction and the holding of elections, as well as the determination of election results are the election management.

§ 4 education of operation Election Committee the election management is made immediately after the notice referred to in section 2. The sexes should be represented according to their numerical relationship.

Article 5 composition of the operating selection board (1) the operating Selection Board consists of three members. The Works Council may increase the number of members, if this is necessary for the proper conduct of the election. The operation Election Committee must consist of an odd number of members. Operation selection board members can be only qualified voters of the operation.
(2) in the election management should be no. 1 of the Act adequately represented designated employee and the officers in article 3, paragraph 1. At least a Senior Executive, delegated if at least five voting officers are employed in the operation, the operation Election Committee.
(3) for each Member of the Board of operation choice a substitute member can be ordered in the event of his incapacitation.
(4) the Works Council ordered operation selection board members, that are workers referred to in article 3, paragraph 1 No. 1 of the Act. There is no Works Council, operating Election Board in a works meeting by a majority of the votes cast members referred to in sentence 1 shall be selected.
(5) the members attributable to the senior staff are appointed by the representative Committee responsible for the operation of. Is not a representative Committee, operation selection board referred to in sentence 1 members at a meeting of the officers of the operation with the majority of the votes will be elected.

§ 6 notice of election management shares immediately after its formation the company and the trade unions represented within the company in writing with the names of its members and its address.

Article 7 management of the operating selection board (1) the operating choice Board of Directors elects from among its members a Chairman and at least a substitute, a Chairman or a Deputy.
(2) the management of choice may be a written rules of procedure. He can attract voters as electoral and election workers to its support.
(3) the operating dial Board decides with a simple majority of its members. About each session of the operating selection board minutes is to record that contains at least the wording of the resolutions; decisions concerning the registration of workers and employees in the voters list as in section 3 para 1 No. 1 of the Act referred to workers or as executives is to note whether they are adopted without a dissenting vote in the transcript. Operating choice Board, members whose votes against a decision is taken, may request that their dissenting opinion is recorded in the transcript. The transcript is from the or the Chairman and another Member of the operation selection board to sign up; This also applies to announcements, write out and more transcripts of the operating selection board.
(4) notices of the operating selection board can be made by posting them, and through the use of existing enterprise information and communications technology. The campaign takes place in one or more appropriate, the electorate-reach areas in the operation. He is to get legible. The use of information and communication technology is allowed only if the list of addressees of this form of publication of the notice could gain knowledge and precautions are taken so that only the operating selection board may make changes to the notice.
(5) the company has to support the operation Election Committee in carrying out its tasks and to provide him the required business needs.
(6) the management of choice to ensure that foreign workers and workers who are not proficient with the German language in a timely manner the electoral process and voting are taught on the occasion of the election, the electoral process, the voting, the preparation of the voters list and the election proposals, in an appropriate manner.

§ 8 (1) which provides operating Electoral Committee immediately after forming a list of voters of voters of the operation (selection list) on, separated according the § 3 para 1 No. 1 of the Act referred to in workers and the officers. The voters should be listed in alphabetical order with family name, first name and date of birth. Setting up the voters list can be done through use of existing enterprise information and communication technology if arrangements are made so that only the operating selection board may make changes in the voter list.
(2) each Member of the operation selection board is obliged to ensure that the electors are classified No. 1 of the Act, and officers in the voters list in a truer way workers pursuant to § 3 para 1. Operation selection board members should be informed to a decision without dissent. Took only decisions unopposed in the election management about this, section 10 shall not apply.
(3) the company has to provide all information necessary for the preparation of the voters list the operating selection board and to provide the necessary documentation. It has to support the management choice No. 1 of the Act and officers especially during the Division workers according to § 3 para 1.
(4) the operating selection board corrected or supplemented the voters list immediately, if a worker or a worker 1 occurs in the operating or retires from him, 2 years of age 18 or 3. No. 1 of the Act of giving workers or executives changed the property as in article 3, paragraph 1, or if in any other way the conditions, where an entry in the selection list is based on , change.
(5) only workers and employees can participate in elections and referendums, which are registered in the voters list.

§ To allow 9 notice about the formation of operation Election Committee and the electoral register (1) is the inspection of the voter list, the Act and this regulation without delay to complete the election of supervisory board members of the workers. The voters list for the inspection should not include the birthdates of electors. The inspection can be the interpretation at a suitable point in the operation and the use in the company's existing information and communication technology.
(2) the management of choice at the same time discloses the names of its members and its address with enable the inspection of the voter list. The announcement by the day of its adoption until the election of the Supervisory Board of workers. The operation Selection Board noted the first and the last day of this period on the notice. In the notice must also be given: 1. the date of their adoption;
2. where and how the voters in the voter list, the Act and this regulation to inspect;
3. that appeals against the accuracy of the voters list only within a week since adoption of the notice in writing may be lodged with the election management; the last day of the period shall be indicated;
4. Appeals against corrections and additions to the voter list only within a week can be inserted for the correction or addition.
5. that only workers and employees can participate in elections and referendums, which are registered in the voters list.
(3) the operating Election Committee in preparing the voters list according to § 8 paragraph 1 concerning the registration of voters as in article 3, paragraph 1 workers referred to or executives not only decisions unopposed took no. 1 of the Act, the notice referred to in paragraph 2 must contain the following information: 1.
that every worker and every employee within a week since adoption of the notice in writing of the election management changing the own entry as in article 3, paragraph 1 may request no. 1 of the Act of giving workers or executives in the voters list; the last day of the period shall be indicated;
2. that number 1 to comply with is the change request, if a mode choice Board Member agrees to the request;
3. that against the accuracy of the voters list only opposition can be filed, if not a change in the voters list may be required after number 1.

§ 10 amendment request (1) every worker and every employee can within a week since adoption of the notice according to § 9 para 2 and 3 in writing of the election management require that the own entry is changed in the voters list as in section 3 para 1 No. 1 of the Act of giving workers or executives.
(2) the change request is to match, if a mode choice Board Member agrees to the request referred to in paragraph 1. Approval pursuant to sentence 1 may be granted only within one week after expiry of the period specified in paragraph 1; It is to explain in writing to the operating selection board.
(3) to the amendment of the registration referred to in paragraph 2 the Labour Court can be called by a member of the operating dial Board, has not agreed to the change request.

§ 11 appeals against the accuracy of the voters list (1) against the accuracy of the voters list may be lodged objection, as far as not according to § 10 para 1 a change of entry as in section 3 para 1 No. 1 of the Act of giving workers or executives in the voters list may be required. Appeals against the accuracy of the voters list can be brought only in a week since adoption of the notice according to § 9 para 2 and 3 in writing to the electoral management. Appeals against corrections and additions to the list of voters can be inserted only within a week since the correction or supplement.
(2) appeals referred to in paragraph 1 is to decide immediately. An objection is justified, the voter list is corrected. Operation Election Committee immediately in writing communicated the decision of the person who filed an objection.
Section 2 vote on the version of the selected section 12 notice (1) in a company with usually not more than 8,000 workers and employees shall be adopted by the election management immediately after the in article 10, paragraph 1 specific period a notice. Is been required according to § 10 para 1 the change of the voters list, the notice is issued immediately after expiry of the period specified in section 10, paragraph 2, sentence 2. The notice must contain the following information: 1. the date of their adoption;
2. that the immediate election workers Supervisory Board members be elected, if not the voters decide the election by delegates;
3. the minimum number of voters, of which must be a request for a vote, that the election of supervisory board members of workers should be carried out by delegates, signed;
4. that an application in writing may be submitted only within two weeks since adoption of the notice the operating selection board; the last day of the period shall be indicated;
5. the minimum number of voters, their shareholding of the vote is required;
6. that the election of supervisory board members of workers can decision by delegates only by a majority of the votes;
7. the address of the operating selection board.
Delegates are already elected according to the provisions of this regulation, whose term at the beginning of the term of Office of the Supervisory Board of the workers to be elected is not yet finished, so the notice must contain set 2 designated information in paragraph 2.
(2) in an enterprise with typically more than 8,000 workers and workers operating Election Committee which in paragraph 1 issues set 1 and 2 given a notice time. It must contain the following information: 1. the date of their adoption;
2. that the Supervisory Board of workers be elected by delegates, if not the voters choose the direct suffrage;
3. the minimum number of voters, of which an application for voting that the immediate election workers Supervisory Board members to be elected, must be signed;
4. that an application in writing may be submitted only within two weeks since adoption of the notice the operating selection board; the last day of the period shall be indicated;
5. the minimum number of voters, their shareholding of the vote is required;
6 that a decision on the direct election of the Supervisory Board of workers only by a majority of the votes can be taken;
7. the address of the operating selection board.
Sentences 1 and 2 shall also apply if according to the provisions of this regulation are already selected delegates, whose term is not yet finished at the beginning of the term of Office of the Supervisory Board of the workers to be elected.
(3) the notice is carried out the operation Election Committee until the adoption of the election ausschreibens according to § 37 or article 53. The operation Selection Board noted the first and the last day of this period on the notice.
(4) the operating Election Committee shall send the notice the company and trade unions represented in the company immediately after its adoption.

Article 13 request for vote (1) at a workplace with usually no more than 8,000 workers and workers a request for voting that the election of the Supervisory Board of workers is to be by delegates, is possible. If the designated requirements in § 12 para 1 sentence 4, paragraph 2 shall apply.
(2) a request for vote, that the Supervisory Board of workers in close election should be selected, can in an enterprise with typically more than 8,000 workers and workers; This also applies if you have requirements referred to in article 12, paragraph 2, sentence 3.
(3) an application for voting is to submit in writing the management election two weeks since adoption of the notice according to § 12. The operation selection board forthwith after receipt of an application of whose validity.
(4) an application for voting is valid if he by at least one-twentieth of voters has been signed and submitted on time.
(5) If an application is not valid, so the operation Election Committee shall inform the application representative or, if one is not named, writing with the or the signatory in the first place.

14 vote negotiation letter (1) a valid request exists § § 13, so the operation Election Committee shall adopt a voting Committee Letter immediately. The vote should take place within two weeks since adoption of the voting ausschreibens.
(2) voting evaluator writing must contain the following information: 1. the date of its adoption;
2. the content of the application;
3. that only workers and workers can take part in the vote, which are registered in the electoral register;
4. the minimum number of voters, their shareholding of the vote is required;
5. that the decision only with the majority of the votes can be taken;
6. place, day and time of voting and the counting of the public vote;
7. the reference to the possibility of written voting as well as the plants and micro-enterprises, no. 1 is decided for the written vote according to § 18 para 3 and whether the written vote; have been decided according to § 18 para 3 No. 2
8. that appeals and other declarations to the operating selection board to dispose of are;
9. the address of the operating selection board.
(3) the election management discloses vote evaluator writing up to the end of voting on the day of its adoption and noted on the voting Committee writing the first and the last day of the notice. § 12 section 4 shall apply accordingly.

§ 15 (1) voting the ballot for the vote may only the application and the question to the voters include, whether they are for or against the motion. The voice for the proposal to be delivered, the preprinted "Yes" is so otherwise 'No' to check the pre-printed. The ballot for the vote must all have the same size, color, texture, and lettering.
(2) ballots, which are equipped with a special feature or a unique will not clear from which or that contain other than the information referred to in paragraph 1, an additional or other changes, are not valid.

§ 16 to take appropriate action for the unobserved marking of the ballot in the election voting procedure (1) which has operating Electoral Committee and for the provision of a ballot box or multiple choice polls. The ballot box must be sealed by the election management and set up that the cast a ballot can be taken out not without that the ballot box is opened.
(2) during the vote, at least two members of the operation Election Committee in the election must be present; Electoral and election officials have been appointed, the presence of a member of operation selection board and a Wahlhelferin or a helper of choice is sufficient.
(3) the tuning person marks their ballots unobserved and folds it in such a way that their voice is not recognizable. It specifies its name, then throws the folded ballot paper into the ballot box after voting in the voters list has been noted.
(4) a person who is impaired as a result of his disability in voting, can determine a person of his confidence, which should help him in voting, and shall inform the management choice. Operation selection board members, persons who are candidates at the election, election officials and electoral may not be used for the assistance. The assistance is limited to the fulfilment of the wishes of the voters or the voter to vote; the person of trust may seek the election cell together with the voters or the voters. She is obliged to maintain secrecy of knowledge who has attained his assistance to vote. Sentences 1 to 4 shall apply mutatis mutandis for voters who cannot read.
(5) voting is interrupted or the result of the vote is not directly detected upon completion of voting, the election management in the meantime has to seal the ballot box and to be kept, that the throw or the removal of ballot boxes without damage of the closure is impossible. When reopening the vote or sampling the ballots to the counting of the vote of the Election Committee of the operation has to convince that the CAP is intact.

§ 17 can use of voting machines (1) for the release and counting of the votes in place of ballots and ballot boxes voting machines are used. Article 16 shall apply mutatis mutandis. The voting machines must be suitable on the basis of an inspection according to § 2 par. 2 and 3 of federal election equipment regulation for the votes and elections for which they are used and conform to the guidelines for the design of voting machines included special rules for federal elections. A manual and the Declaration of a type equality according to § 2 para 6 of the federal election equipment regulation must be accompanied by any device of choice.
(2) the use of voting machines is permitted only if this agreement between the operating selection board and senior management has been achieved.

Requirements of written voting (1) voters that at the time of the vote because of absence of operation prevents are section 18 to cast their vote personally, the operation choice on request 1 Board vote evaluator writing, 2. the ballots and the election envelope, 3. a pre-printed, issuing from the voting person to explanation, to the operating selection board to assure is that the ballots personally has been featured , and 4. a larger envelope, the address of the operating selection board and handed over as sender bears the name and address of the voters and the note "Written vote", or to send. The operation selection board should the voters in addition a leaflet about the manner in which written voting (§ 19 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents in the voters list.
(2) Abstimmungsberechtigte, of which the operating selection board is known that they will be present at the time of the vote according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of voters.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are located geographically far from the main operating 2nd for the operation, if the majority of voters to the written voting pursuant to paragraph 2 shall be entitled and the remaining minority no more than a total of 25 Abstimmungsberechtigte makes.
Paragraph 2 shall apply accordingly.

Article 19 procedure written voting (1) voting is carried out in such a way, that the tuning person 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelope seals that voting only after unfolding the ballot is seen, the pre-printed statement, specifying the place and date of signing 2. and 3. closing the election envelope and the signed preprinted explanation in the envelope and submits this choice letter in sufficient time to the election management or passes , that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee voting in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.

Article 20 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and determines how many votes for and how many votes against the motion was submitted.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot, the votes will be counted simply if they fully match, otherwise they are invalid.
(4) with the use of voting machines operating Election Committee determines the number of by reading off the counters for the application and the number of votes cast against the motion, as well as the number of invalid votes.

§ 21 held on voting after the result of the vote is determined, the operation Election Committee in a transcript to: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the number of votes cast for the application;
6. the number of votes cast against the motion;
7. the result of the vote;
8. special incidents occurred during the voting or other events.

Section 22 notice of the vote of the election management makes known the outcome of the vote for a period of two weeks in the same way as voting Committee writing.
Section 3 allocation of seats, election proposals under section 1 distribution of seats the company members Supervisory Board of workers article 23 distribution of seats the company members Supervisory Board of workers (1) which provides operating Election Committee seats the company-affiliated supervisory of workers on which in section 3 para 1 No. 1 of the Act designated employee and the officers firmly.
(2) the calculation on which in section 3 para 1 No. 1 of the Act designated employees and the Supervisory Board attributable officers takes place according to the principles of proportional representation. This figures no. 1 of the Act workers referred to and the senior executives of the company in a number side by side provided in article 3, paragraph 1 and divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size maps, how to choose company members Supervisory Board of workers. That in article 3, paragraph 1 No. 1 of the Act get so many supervisory board seats allocated, as quantitative they account for designated employee and the officers. If the lowest eligible maximum number no. 1 of the Act at the same time accounts for designated employees and the senior officers that in article 3, paragraph 1, the lot decides the seat falls to whom.
(3) would occupy after paragraph 2 on the officers at least a seat, so they get a seat; the number of seats of no. 1 of the Act reduced workers referred to in article 3, paragraph 1 accordingly.
Subsection 2 nominations section 24 notice of submission of proposals (1) operating Election Committee shall adopt at the same time with the notice according to § 12 a notice of the filing of nominations for the election of the Supervisory Board of workers. The notice must contain the following information: 1. the date of their adoption;
2. where and how the voters in the voter list, the Act and this regulation to inspect;
3.
the number of members to be elected of employees separated by supervisory board members in article 3, paragraph 1, workers referred to, Supervisory Board of senior executives and supervisory board members, representatives or representatives of trade unions are the No. 1 of the Act;
4. nominations for the election of the Supervisory Board of employees in the management of election six weeks since adopting this notice can be submitted in writing; the last day of the period shall be indicated;
5. the minimum number of eligible designated workers, of which a proposal for supervisory board members Nr. 1 of the Act signed workers referred to in article 3, paragraph 1 must be; no. 1 of the Act in section 3, paragraph 1
6. that the nomination of the officers on the basis of voting proposals is provided by decision of voting officers in a secret ballot and that a separate notice; adopted on this
7. that one proposal for supervisory board members who are representatives or representatives of trade unions, can be submitted only by a Trade Union represented within the company;
8 that, as far as for the members of the Supervisory Board § 3 ABS. 1 workers or the Supervisory Board of the officers referred to in no. 1 of the Act the only one proposal is made, the number of applicants and candidates in this election proposal must be twice as high as the number of supervisory board members, that no. 1 of the Act workers referred to or the executives accounted for that in article 3, paragraph 1;
9. that, as far as for the members of the Supervisory Board are the representatives or representatives of trade unions, only one proposal is made, the number of applicants and candidates in this election proposal must be at least twice as high as the number of men to elect representatives and representatives of trade unions;
10. that in any proposal for each candidate or each candidate, a replacement member of the Supervisory Board may each be proposed and that for a candidate or a candidate, or a in article 3, paragraph 1 No. 1 of the Act of giving workers is only a in article 3, paragraph 1 No. 1 of the Act of giving workers and only a Senior Executive as a substitute member may be proposed for a senior staff;
11. that choosing a supervisory board member also the substitute member is proposed along with it is selected;
12. where and how the voters of the election proposals may become aware.
13. that appeals and other declarations to the operating selection board to dispose of are;
14. the address of the operating selection board.
(2) the election management can summarize the announcements according to paragraph 1 and article 12 a notice.
(3) the election management acquaints the notice on the day of its adoption until the election of supervisory board members. The operation Selection Board noted the first and the last day of the notice on the notice.
(4) the operating Election Committee shall send the notice the company and trade unions represented in the company immediately after its adoption.

§ 25 election proposals in section 3 para 1 No. 1 of the Act designated worker who (1) election of the members of the Supervisory Board referred to in section 3 para 1 No. 1 of the Act workers can the voters make in § 3 para 1 No. 1 of the Act designated workers election proposals. Each proposal must be signed by one-fifth or the voting 100 in section 3 para 1 No. 1 of the Act designated workers.
(2) the election proposals are submitted in writing six weeks since adoption of the notice concerning the submission of proposals on the election management.
(3) if only one proposal is submitted for a ballot, so the number of applicants and candidates in this election proposal must be twice as high as the number of supervisory board members to be elected in this round.
(4) ballot within the meaning of this chapter is 1 § 3 para 1 No. 1 of the Act workers referred to in the election of the members of the Supervisory Board of, 2. the election of the Supervisory Board of executive officers, 3 are the election of supervisory board members, representatives or the representatives of trade unions.
(5) in every election proposal are applicants in recognizable order under continuous number and indicating family name, first name, performing birth date and type of employment. The written consent of applicants and candidates for inclusion in the proposal and their written assurance that they will accept the choice in the event of their choice, shall be attached.
(6) for each proposal to determine one of signatories as representatives of the proposal. This is entitled and obliged to submit the declarations required to eliminate complaints to the election management, as well as to receive declarations and decisions of the operating selection board. No proposal representative is explicitly been intended, so that or the first signatory representing the proposal is considered.
(7) the signature of a voter ranks only on a nomination. A voter signed several nominations, he has prompted the operating selection board within a reasonable period, within three working days, to explain what signature he maintains. The timely declaration is omitted so his name on the first submitted nomination is counted and deleted on the other proposals; are multiple nominations, which are signed by the same voters, has been filed at the same time, so the lot decides on what election proposals, the signature is.
(8) an applicant or a candidate can be proposed only on a nomination. Is the name of this person with their written consent (paragraph 5 sentence 2) listed on multiple nominations, so she has to within prompted the operation Election Committee three working days explain what application is maintaining it. Is not the timely declaration, the applicant or the applicant on all nominations to delete.

Section 26 election proposals of trade unions (1) the election of the Supervisory Board, are the representatives or representatives of trade unions, the trade unions represented in the company can make nominations.
(2) any nomination of a Union must be signed by a responsible person of this Union, empowered. § 25 para 2, 4, 5 and 8 shall apply accordingly. Is only one proposal is submitted, so the number of applicants and applicants must be at least twice as high as the number of men to elect representatives and representatives of trade unions.
(3) § 25 paragraph 6 shall apply accordingly. That in paragraph 2 sentence 1 designated responsible person considered proposal representative. The Union can another as you name 1 designated person representing the proposal set in paragraph 2.

§ 27 election proposals for replacement of members (1) in every nomination can be proposed both a replacement member of the Supervisory Board for each candidate or each candidate. For an applicant or a candidate, or a in article 3, paragraph 1 No. 1 of the law of giving workers, can only one in article 3, paragraph 1 No. 1 of the Act of giving workers and proposes only a Senior Executive as an alternate member for an officers. For each candidate or each candidate only a substitute member may be proposed. An applicant or a candidate may be not proposed both as a member and as a replacement member of the Supervisory Board. § 25 paragraph 8 shall apply accordingly.
(2) each Member of the proposed replacement is in the proposal, stating the surname, first name, performing birth date and type of employment in addition to the candidate or the candidate for which or for which it is proposed as a replacement member of the Supervisory Board. The proposal is marked to make, who as a member and who is proposed as a replacement member of the Supervisory Board. Article 25, paragraph 5, sentence 2 shall apply accordingly.
Subsection 3 additional requirements for the nomination of officers section 28 notice of vote for the nomination of officers (1) the operating Election Committee shall adopt simultaneously with the notice according to § 12 a notice of the vote for the nomination of officers. The notice must contain the following information: 1. the date of their adoption;
2. the number of applicants and applicants must include the nomination of the officers;
3. that the nomination of the officers on the basis of voting proposals is posted by decision of voting officers in a secret ballot.
4. that in any voting proposal for each candidate or each candidate each a replacement member of the Supervisory Board may be proposed;
5. the minimum number of eligible officers, of whom a vote proposal for the vote of the senior executives must be signed;
6. the number of applicants and applicants can indicate any officers in the vote;
7.
that as applicants according to the order of them relating to the votes only so many officers be included in the proposal, as it must contain a total applicants, and that vote decides the lot;
8 that the substitute members listed in the voting proposals along with the selected are included in the nomination of officers as substitute members of the Supervisory Board;
9. the time up to the voting proposals can be submitted for the vote of the senior staff in the electoral management;
10. the address of the operating selection board;
11. where and how the voters of the voting proposals may become aware.
12. place, day and time of voting and the counting of the public vote;
13. the reference to the possibility of written voting as well as the plants and micro-enterprises, no. 1 is decided for the written vote according to § 45 para 3 and whether the written voting has been decided according to § 45 para 3 No. 2.
(2) the election management can summarize the announcements according to paragraph 1, article 12 and article 24 a notice.
(3) § 24 para 3 and 4 is to apply accordingly.

§ Can propose the voting officers voting proposals 29 vote the officers (1) the decision on the nomination of the officers. Each vote proposal must be signed by a twentieth, or 50 of eligible officers. Vote proposals are submitted in writing within a period to be determined by the choice of management the operating selection board. The deadline will be two weeks. It begins with the adoption of the notice pursuant to § May 28 (2) in every vote proposal for each candidate or each proposed a Senior Executive as a replacement member of the Supervisory Board for each candidate. § 27 para 1 sentence 3 to 5 shall apply accordingly.
(3) in every vote proposal are applicants in recognizable order under continuous number and indicating family name, first name, performing birth date and type of employment. The written consent of applicants and candidates for inclusion in the consultation proposal, as well as the written assurance that they will accept the choice in the event of their choice, shall be attached. A substitute member is performing in the vote proposal next to the candidate or the candidate for which or for which it is proposed as a replacement member. The vote proposal is marked to make, who as a candidate or candidates and who is proposed as a replacement member. Alternate members are sentences 1 and 2 apply mutatis mutandis.
(4) the operating selection board examines the voting proposals and turns on the valid vote proposals known to day, which exists in the nomination of the officers; § 24 para 3 shall apply accordingly.
(5) no valid vote proposal is after expiry of the period specified pursuant to paragraph 1 of the operating Election Committee filed, acquaints the operating Selection Board immediately in the same way this voting proposals and calls on referring to the imminent expiration of the time limit to submit specific election proposals once again to submit voting proposals.

Article 30 vote of the officers (1) which sets operating Election Committee the day of the vote of the officers so tightly that the nomination of the officers is no later than seven weeks since adoption of the notice under section 24.
(2) each Abstimmungsberechtigte can indicate overall so many applicants and applicants as applicants must include the nomination of the officers a total. A separate vote for a replacement member of the Supervisory Board is not allowed. Voting is done by delivery of ballots.
(3) the election management has applicants on the ballot, stating the surname, performing first name and type of employment with each other in alphabetical order. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description as any Abstimmungsberechtigte total can indicate many applicants and applicants. The ballots must all have the same size, color, texture, and lettering.
(4) the tuning person marks which you selected by ticking in the places provided in the ballot. Ballots are invalid, more applicants and applicants are selected 1 where, as the tuning person votes, a unique will not arising 2. from which, 3 with a special feature are provided, the other than the information referred to in paragraph 3, an amendment or other amendments contain 4.
(5) the vote of the officers is carried out by the election management. On the voting process and the written vote, articles 16 to 19 shall apply. Immediately after the vote the election management counts out publicly the votes. After opening the ballot box, he takes out the ballots and counts votes attributable to each candidate and each candidate. It is the validity of the ballot. An election envelope with several marked ballots is located in the ballot, the votes will be counted simply if they fully match, otherwise they are invalid. On a ballot a candidate or a candidate repeatedly checked, this counts as one vote. The use of voting machines, section 20 para 4 shall apply mutatis mutandis.
(6) as applicants, only so many officers in the proposal are recorded, as it must contain a total applicants according to the order of them relating to the votes. Vote, the lot decides.
(7) a candidate or a candidate in the nomination of the officers is recorded, the substitute member as their or its substitute member in the nomination of the officers listed in the voting proposal in addition to this candidate or that candidate is recorded.
(8) upon completion of the counting of the vote, the election management makes known the voting results and the name of the election proposal recorded in for the duration of two weeks; § 24 para 3 shall apply accordingly.

§ 31 vote minutes after the vote the operating Selection Board notes in a transcript: 1. the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the numbers of votes attributable to the individual applicants or applicants;
6. the names of candidates in the election proposal and applicants and alternate members;
7. special incidents occurred during the voting or other events.
Subsection 4 examination and notice of election proposals article 32 examination of election proposals (1) the operating Election Committee confirmed in writing to the proposal representatives the time of submission of the election proposal.
(2) the operating selection board referred to the nomination, if he is not provided with a password, with family name and first name of the applicant named in the first place or of the applicant named in the first place. He has immediately to consider the proposal and to inform the representatives of the proposal in writing, stating the reasons for invalidity or complaint.

§ 33 invalid election proposals (1) are not valid nominations, 1 which does not timely filed, 2. where applicants not in recognizable order lists, 3. Nos. 8 and 9 designated number of applicants contained not in section 24, subsection 1, sentence 2, 4 of § 3 para 1 No. 1 of the Act workers referred to in, if they have not the required number of signatures when submitting , 5. the trade unions, if they are not signed by a responsible person authorised for this purpose.
(2) nominations, 1 in which applicants not in in section 25, paragraph 5, sentence 1 specific way referred to are, 2. the consent and insurance of applicants and applicants according to § 25 paragraph 5 sentence 2 are not included, 3. that as a result of cuts in accordance with § 25 para 7 no longer exhibit the required number of signatures, will be void , if the operating Election Committee has objected to it and the deficiencies have been eliminated within three working days since the complaint.

§ 34 deadline for nominations (1) is # 1 after the period specific for the submission of nominations for one in § 25 para 4 and no valid nomination referred 3 ballot submitted, so adopts the operating selection board a notice without delay and shall set a deadline by one week for submission of nominations. The notice must contain the following information: 1. the date of their adoption;
2. that for the ballot no valid nomination is filed;
3. that election proposals within a grace period of one week since adoption of the notice can be submitted in writing; the last day of the period shall be indicated;
4.
that the ballot only can take place, if at least one valid proposal is submitted;
5. that, as far as no valid election proposal is submitted, the missing members of the Supervisory Board may be ordered by the Court.
(2) no valid nomination is filed until the end of the grace period for a ballot, so the election management makes known immediately, that the ballot will not take place.
(3) for notices under paragraphs 1 and 2 article 24 par. 3 and 4 shall apply.

Section 35 (1) notice of election proposals are for a ballot in which several supervisory of workers are to choose, filed several election proposals, identified the management of choice by lot after in § 25 para 2, § 33 para 2, and article 34, paragraph 1, sentence 1 described the sequence of serial numbers periods, assigned to the submitted proposals (proposal 1, 2, etc.).
(2) no later than two weeks before the first day of voting the election management makes separated after ballots, known; the valid election proposals, Article 24 par. 3 and 4 shall apply accordingly.
Section 4 are applicable provisions article 36 applicable provisions (1) to select the Supervisory Board of workers in direct election, the election procedure according to the provisions of Chapter 2 is governed (2) Supervisory Board members are workers by delegates to choose, so is more election proceedings under the provisions of Chapter 3 Chapter 2 direct election of supervisory board members of the employees section 1 election ausschreiben section 37 is choice ausschreiben , that the immediate election workers Supervisory Board members are to choose the operation Election Committee adopts a choice ausschreiben. It must contain the following information: 1. the date of its adoption;
2. that the Supervisory Board of workers of all eligible voters in direct election to choose are;
3. that in the election and to vote only workers and employees can participate, which are registered in the electoral register;
4. the time to the election proposals can be submitted;
5. that the voting on nominations is bound and that only such nominations shall be considered which are filed on time;
6. where and how the voters of the election proposals may become aware.
7. place, day and time of voting for the election of the Supervisory Board of workers and the public votes;
8. the reference to the possibility of written voting as well as the plants and micro-enterprises, no. 1 is decided for the written vote according to § 45 para 3 and whether the written vote; have been decided according to § 45 para 3 No. 2
9. that appeals, motions, election proposals and other declarations to the operating selection board to dispose of are;
10. the address of the operating selection board.
The notice is to apply according to § 24 para 3 and 4.
Section 2 implementation of election subsection 1 choice of several Supervisory Board members of workers in a vote on reason for multiple nominations section 38 voting, election process (1) are in a ballot to select several members of Supervisory Board of workers and there are several valid election proposals for this round, so her and the voters may vote only for one of these nominations the voters. Voting is done by delivery of ballots. The term of the ballot within the meaning of this chapter shall be determined according to § 25 paragraph 4 (2) the election management has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, list name and type of employment with each other; proposals, which are marked with a password, the password must be stated. The ballot should include specifying that only one proposal can be checked. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering. The ballots, which are used for a ballot, must differ from the ballot for the other ballots in color.
(3) the voters marks the of her and the voters the election proposal of his choice by ticking in the place provided in the ballot. For the electoral process are the §§ 16 and 17 apply mutatis mutandis; the balloting is to indicate separately in the voters list for each ballot.
(4) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.

§ 39 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot, the votes will be counted simply if they fully match, otherwise they are invalid.
(4) in the use of voting machines, section 20 para 4 shall apply mutatis mutandis.

§ 40 determination of the chosen (1) that are votes fallen to the specific proposals of the electoral in the ballot in a series placed and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size map, as in the election Supervisory Board members are to choose. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(2) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(3) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
(4) with the election of a candidate or a candidate, the replacement member of the supervisory board listed in the proposal in addition to the selected candidate or the selected candidate is selected.
Subsection 2 election of several members of Supervisory Board of workers in a vote due to only draft choice article 41 voting, election process (1) are in a ballot to select several members of Supervisory Board of workers and only a valid proposal exists for this round, so her and the voters may vote only for applicants listed in the proposal the female voter. A separate vote for a replacement member of the Supervisory Board is not allowed. Voting is done by delivery of ballots.
(2) the operating selection board has applicants on the ballot, stating the surname, performing first name and type of employment with each other in the order in which they are named in the nomination. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description, as the voters or the voters as a whole can indicate many applicants and applicants. Article 38, paragraph 2, sentence 3 and 4 shall apply.
(3) the voters by her and the voters marks him chosen by check in the places provided in the ballot. Not more applicants and applicants may be marked, as in the election Supervisory Board members are to choose. Article 38, paragraph 3, sentence 2 shall apply accordingly.
(4) ballots are invalid, more applicants and applicants are selected 1 where, as in the election Supervisory Board members are to choose, a unique will not arising 2. from which, 3 with a special characteristic are containing the other than the information referred to in paragraph 2, an amendment or other amendments 4.

Section 42 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and separately counts votes attributable to each candidate or each candidate for every ballot. § 39 para 3 shall apply. On a ballot a candidate or a candidate repeatedly checked, this counts as one vote.
(3) for the use of voting machines, section 20 para 4 shall apply mutatis mutandis.

§ 43 determination of selected overall so many applicants and applicants are selected, as in the election Supervisory Board members to choose are according to the order of them relating to the votes. Vote, the lot decides. § 40 paragraph 4 shall apply.
Subsection 3 choice of only a supervisory board member of workers in a ballot
§ 44 workers in a vote (1) election of only a supervisory board member is in a ballot to choose only a member of the Board of workers, so her and the voters may vote the voters only for any of the proposed candidates or the proposed candidate. § 41 para 1 sentence 2 and 3 shall apply.
(2) is only a valid proposal, the election management has applicants on the ballot, stating the surname, performing first name and type of employment with each other in the order in which they are named in the nomination. There are several valid nominations, the election management has applicants on the ballot indicating family name, first name, performing type of employment and password of the election proposal among themselves in alphabetical order. § 41 para 2 sentence 2 to 4 shall apply.
(3) by you and the voters marks the voters the person chosen by him by checking at the place provided in the ballot. There must be no more than an applicant or an applicant be ticked. Article 38, paragraph 3, sentence 2, § 41 para 4 and §§ 42 and 43 are to apply.
Subsection 4 written vote article 45 an electorate which prevents at the time of the election due to absence of the operating requirements (1) is to cast his vote personally, the mode-selection board be desire 1%.
(the choice ausschreiben, 2 for every ballot where he to take part is entitled, a separately) the election proposals, b) the ballots and the election envelope, 3. a pre-printed, of voters or to be the voter Declaration, to assure to the operating selection board is that the ballots personally has been featured, and 4. a larger envelope, the address of the operating selection board and as the sender bears the name and address of the electors and the note "Written vote" , hand over or send. The operation selection board to the electors in addition a leaflet about the manner in which written voting (§ 46 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents for each ballot separately in the voters list.
(2) eligible voters, of which the operating selection board is known that they will be present at the time of the election according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of the electorate.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are located geographically far from the main operating 2nd for the operation, if the majority of voters to the written voting pursuant to paragraph 2 shall be entitled and the remaining minority no more than a total of 25 voters makes.
Paragraph 2 shall apply accordingly.

§ 46 procedures in voting (1) voting is carried out in such a way that the voters or voters 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelopes seals that voting is only visible after unfolding the ballot;
2. the pre-printed statement, specifying the place and date of signing and 3 covers the election envelopes and the signed preprinted explanation in the envelope and on the choice of management submits this choice letter in sufficient time or passes that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee votes for each ballot separately in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.
Subsection 5 election transcript, notifications article 47 election transcript is, whoever is elected, is the management of choice in a transcript for each ballot separately set: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. in proportional numbers of votes attributable to the individual nominations, which calculated quantitative and their distribution on the election proposals;
6. when election the number of votes attributable to the individual applicants or applicants;
7. the names of the elected members of the Supervisory Board;
8. the name of the substitute members elected for the individual members of the Supervisory Board;
9. special incidents occurred during the elections or other events.

Section 48 announcement of the election results, notification of selected (1) which makes operating Election Committee announced the election result and the names of those elected without delay for a period of two weeks.
(2) at the same time, the operating selection board notified in writing the chosen of their choice and sent the notice the company and trade unions represented in the companies referred to in paragraph 1.

Paragraph 49 retention of offing the operating selection board passes the offing the company. The company kept the offing for at least the duration of five years.
Chapter 3 election of supervisory board members of workers by delegates section 1 election of the delegates of subsection 1 delegates with multiple mandate section 50 no election of delegates to this subsection, if in the company for the election of the Supervisory Board of other company delegates with multiple mandate be elected (1) are the members of Supervisory Board of workers of the company by delegates to choose and participate the workers and workers at the election of the Supervisory Board of workers of other companies by delegates and has the operating Election Committee pursuant to article 55 the third election rules to the codetermination Act decided that the delegates to be chosen in the company for the election of the Supervisory Board of another company choose also to be elected according to the provisions of this section Supervisory Board members of workers, so an election of delegates according to the provisions of this section does not take place.
(2) the operating Selection Board adopts a notice about this. Article 24 par. 3 and 4 shall apply.

§ 51 delegates, who are elected at the same time for the election of the Supervisory Board of other company workers and employees of the company also assume part and the term of Office of the Supervisory Board of other companies not later than twelve months after the commencement of the term of Office of the Supervisory Board to be elected according to the provisions of this chapter, begins the operation selection board can decide the election of supervisory board members of the employees of other companies , that delegates to be elected at the election of supervisory board members of the employees of other companies participate, unless these are elected by delegates. The decision can be taken only before Decree of choice ausschreibens for the choice of delegates.
Subsection 2 introduction of the choice of § 52 calculation of the number of delegates (1) the operating selection board calculated the number of delegates to be elected, as well as their distribution to which section 3 para 1 No. 1 of the Act referred to in workers and the senior officers.
(2) for calculating the number of delegates, the number of voters is divided by 90. Part numbers are counted fully, if they amount to at least half of the full number.
(3) when calculating the in section 3 para 1 No. 1 of the Act designated employees and delegates attributable officers takes place according to the principles of proportional representation. This figures no. 1 of the Act workers referred to and executives in a series side by side provided in article 3, paragraph 1 and divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size maps, how to select delegates. That in article 3, paragraph 1 No. 1 of the Act get allocated so many delegates, such as quantitative they account for designated employee and the officers. If the lowest eligible maximum number no. 1 of the Act at the same time accounts for designated employees and the senior officers that in article 3, paragraph 1, the lot decides who falls to the delegates.
(4) the calculation results no. 1 of the Act pursuant to paragraph 3 in article 3, paragraph 1 for the designated employee or the executives more than 1.
25 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on the half; referred to in these delegates will receive two votes;
2. 50 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a third; referred to in these delegates will receive three votes;
3. 75 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a quarter; referred to in these delegates will receive four votes;
4. 100 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a fifth; referred to in these delegates will receive five votes;
5. 125 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a sixth; referred to in these delegates will receive six votes;
6 150 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a seventh; referred to in these delegates won seven votes.
Part numbers are counted fully, if they amount to at least half of the full number.
(5) that in section 3 para 1 No. 1 of the Act accounts for designated employee and the officers at least per a delegate; This does not apply, no more than five in section 3 para 1 No. 1 of the Act, workers or executives are entitled to vote. As far as the article 3, paragraph 1 of the Act workers referred to in no. 1 and the officers account for only pursuant to sentence 1 delegates the number of delegates increased accordingly.

Article 53 choice ausschreiben for the choice of delegates (1) it is clear that the Supervisory Board of workers by delegates are to choose, so the operation Election Committee shall adopt a choice ausschreiben for the choice of delegates. It must contain the following information: 1. the date of its adoption;
2. that the Supervisory Board of workers by delegates are to choose;
3. whether the operating selection board has decided according to § 51, that delegates to be elected should also participate in the election of supervisory board members of the employees of other companies the undertaking shall be indicated;
4. that in the election and to vote only workers and employees can participate, which are registered in the electoral register;
5. that the delegates be elected by all eligible voters.
6. the number of delegates to be elected, separately after delegates of § 3 para 1 No. 1 of the Act referred to in employees and delegates of the officers;
7. that election proposals for the election of delegates two weeks since adoption of the electoral ausschreibens in writing can be submitted in the election management; the last day of the period shall be indicated;
8 No. 1 of the Act workers of which a proposal for delegates who signed workers referred to in article 3, paragraph 1 No. 1 of the Act must be designated. the minimum number of voting in article 3, paragraph 1;
9. the minimum number of eligible officers, of which one proposal for delegates of the officers must be signed;
10. that the number of applicants and candidates in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot;
11. that the voting on nominations is bound and that only such nominations shall be considered which are timely filed with the electoral management;
12. that, if only one valid proposal is submitted for a ballot, so many of the candidates listed therein and applicants in the order are thought to be selected in the round are delegates to choose;
13. where and how the voters of the election proposals may become aware.
14. place, day and time of voting for the election of delegates;
15. the place and the time of the public votes;
16. the note on the possibility of written voting as well as the plants and micro-enterprises, no. 1 is decided for the written vote according to § 63 para 3 and whether the written vote; been decided pursuant to § 63 para 3 No. 2
17. that appeals, motions, election proposals for the election of delegates and other declarations to the operating selection board to dispose of are;
18. the address of the operating selection board.
For the announcement of the election ausschreibens is to apply according to § 24 para 3 and 4.
(2) election within the meaning of this section is 1 the election of delegates of § 3 para 1 No. 1 of the Act workers, 2. referred to in the election of the delegates of the officers.
Subsection 3 nominations for delegates § 54 election proposals (1) the election of the delegates can make the voting election proposals. Any proposal for delegated 1 which in section 3 para 1 No. 1 of the Act must be designated employees of a twentieth, or 50 of voting in article 3, paragraph 1 No. 1 of the Act must be designated employee, 2. the officers of a twentieth, or 50 of eligible officers signed? The election proposals are submitted in writing within two weeks since adoption of the choice ausschreibens for the choice of the delegates in the election management. The number of applicants and candidates in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot.
(2) in every election proposal are applicants in recognizable order under continuous number and indicating family name, first name, performing birth date and type of employment. The written consent of applicants and candidates for inclusion in the proposal and their written assurance that they will accept the choice in the event of their choice, shall be attached.
(3) for each proposal, one of signatories should be known as proposal representatives. This is entitled and obliged to submit the declarations required to eliminate complaints to the election management, as well as to receive declarations and decisions of the operating selection board. No proposal representative is explicitly been intended, so that or the first signatory representing the proposal is considered.
(4) the signature of a voter ranks only on a nomination. A voter signed several nominations, he has prompted the operating selection board within a reasonable period, within three working days, to explain what signature he maintains. The timely declaration is omitted so his name on the first submitted nomination is counted and deleted on the other proposals; are multiple nominations, which are signed by the same voters, has been filed at the same time, so the lot decides on what election proposals, the signature is.
(5) an applicant or a candidate can be proposed only on a nomination. Is the name of this person with their written consent (paragraph 2 sentence 2) listed on multiple nominations, so she has to within prompted the operation Election Committee three working days explain what application is maintaining it. Is not the timely declaration, the applicant or the applicant on all nominations to delete.

Article 55 examination of election proposals (1) the operating Election Committee proposal representative confirmed in writing the date of submission of the election proposal.
(2) the operating selection board referred to the nomination, if he is not provided with a password, with family name and first name of the applicant named in the first place or of the applicant named in the first place. He has immediately to consider the proposal and to inform the representatives of the proposal in writing, stating the reasons for invalidity or complaint.

Article 56 invalid election proposals (1) are invalid election proposals, 1 which does not timely filed, 2. where applicants not in recognizable order are listed, that not the required number 3 when submitting signatures.
(2) nominations, 1 in which applicants not in in article 54, paragraph 2, sentence 1 specific way referred to are, 2. the consent and insurance of applicants and applicants by article 54, paragraph 2, sentence 2 are not included, 3. that as a result of cuts in accordance with § 54 para 4 no longer exhibit the required number of signatures, will be void , if the operating Election Committee has objected to it and the deficiencies have been eliminated within three working days since the complaint.

§ 57 grace period for election proposals (1) no valid nomination is submitted after expiry of the period specific for the submission of nominations for a ballot, so adopts the operating selection board a notice without delay and shall set a deadline by one week for submission of nominations. The notice must contain the following information: 1. the date of their adoption;
2. that for the ballot no valid nomination is filed;
3.
that election proposals within a grace period of one week since adoption of the notice in writing can be submitted in the election management; the last day of the period is to give.
(2) no valid nomination is filed until the end of the grace period for a ballot, so the election management makes known immediately, that the ballot will not take place.
(3) for notices under paragraphs 1 and 2 article 24 par. 3 and 4 shall apply.

Section 58 notice of election proposals (1) multiple choice proposals are submitted so determined the management of choice by lot after in § 56 para 2, § 54 para 1 sentence 3 and § 57 para 1 sentence 1 described the sequence of serial numbers allocated to the submitted proposals deadlines for a ballot (proposal 1, 2, etc.). The proposal are to invite to the Los decision in time.
(2) no later than two weeks before the first day of voting the election management makes separated the valid election proposals, after ballots, similarly known as the choice ausschreiben for the choice of delegates. Only a valid proposal exists for a ballot, so the management of choice in the notice indicates, that so many of the candidates listed therein and applicants in the order are thought to be elected in the ballot, delegates are to choose.
Subsection 4 of delegates in a ballot due to multiple nominations section 59 voting, election process (1) several valid election proposals for a ballot choice, so her and the voters may vote only for one of these nominations the female voter. Voting is done by delivery of ballots.
(2) the operating Election Board has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, list name and type of employment with each other; proposals, which are marked with a password, the password must be stated. The ballot should include specifying that only one proposal can be checked. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering. The ballots, which are used for a ballot, must differ from the ballot for the other ballots in color.
(3) the voters from her and the voters characterized the proposal selected by him crosses in the place provided in the ballot. For the electoral process are the §§ 16 and 17 apply mutatis mutandis; the balloting is to indicate separately in the voters list for each ballot.
(4) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.

Section 60 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot, the votes will be counted simply if they fully match, otherwise they are invalid.
(4) in the use of voting machines, section 20 para 4 shall apply mutatis mutandis.

§ 61 investigation of selected (1) that are votes fallen to the specific proposals of the electoral in the ballot in a series placed and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. So found part numbers are singled out as many quantitative and size maps, how to choose delegates on the ballot. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(2) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(3) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
Subsection 5 determination of delegates if there is only a choice proposal for a ballot of § 62 determination of delegates if there is only a choice proposal for a ballot (1) only one valid proposal exists for a ballot, shall apply as many of the candidates listed therein and applicants in the order specified in the election proposal as elected as delegates on the ballot to choose.
(2) the operating Selection Board notes immediately after the election of the delegates, which delegates pursuant to paragraph 1 are chosen.
Unterabschnitt 6 written vote section 63 is an electorate which prevents at the time of the election due to absence of the operating conditions (1), to cast his vote personally, has the operation Election Committee at his request 1 the choice ausschreiben, 2 for every ballot where he to take part is entitled to separately a) the election proposals, b) the ballots and the election envelope, 3. a pre-printed, the voters or voters to be explanation , to assure to the operating selection board is that the ballots personally has been identified, as well as a 4th larger envelope, the address of the operating selection board and handed over as sender bears the name and address of the electors and the note "Written vote", or to send. The operation selection board to the electors in addition a leaflet about the manner in which written voting (§ 64 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents for each ballot separately in the voters list.
(2) eligible voters, of which the operating selection board is known that they will be present at the time of the election according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of the electorate.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are located geographically far from the main operating 2nd for the operation, if the majority of voters to the written voting pursuant to paragraph 2 shall be entitled and the remaining minority no more than a total of 25 voters makes.
Paragraph 2 shall apply accordingly.

Article 64 procedures in voting (1) voting is carried out in such a way that the voters or voters 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelopes seals that voting is only visible after unfolding the ballot;
2. the pre-printed statement, specifying the place and date of signing and 3 covers the election envelopes and the signed preprinted explanation in the envelope and on the choice of management submits this choice letter in sufficient time or passes that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee votes for each ballot separately in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.
Subsection 7 election transcript, notifications section 65 choice minutes after it is determined who is as delegate is selected, the operating Election Committee in a transcript for each ballot separately firmly: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the numbers of votes attributable to the various electoral proposals, the calculated maximum and their distribution on the election proposals;
6. the proposal, whose applicants and applicants are considered elected (article 62);
7 for each proposal, the names and addresses of a separately) the elected delegates, b) the substitute delegates in the order of their naming;
8. special incidents occurred during the elections or other events.
§ 66 publication of the election results, notification of selected (1) which makes operating Election Committee announced the election result and the names of those elected without delay for a period of two weeks.
(2) at the same time, the operating selection board notified in writing the chosen of their choice. The delegates have a multiple mandate, according to § 51 this is so in the notice to specify.
Subsection 8 exception section 67 exception the provisions of subsections 1 to 7 are not to apply if according to the provisions of this regulation or, below in § 50 para 1 delegates already selected designated conditions, according to the regulations of the third electoral code to the codetermination Act, whose term has not yet ended (section 13 of the Act) at the beginning of the term of Office of the Supervisory Board of the workers to be elected.
Section 2 election of the Supervisory Board of workers by the delegates under section 1 of delegates, delegate list § 68 delegates (1) the delegates elect the Supervisory Board of workers in a meeting (delegates). It is directed by the election management.
(2) the operating selection board determines the day of the meeting. It should take place no later than four weeks after the election of the delegates. To choose no delegates (§ 50) in the company, so the meeting should take place no later than four weeks before the beginning of the term of Office of the Supervisory Board of the workers to be elected.

§ 69 delegates list (1) the operating selection board provides a list of delegates (delegates list), separated after delegates in section 3 para 1 No. 1 of the Act designated employee and the officers on. Section 8, subsection 1, sentence 2 and 3 and paragraph 5 shall apply accordingly.
(2) after the name of each delegate is to note how many votes he has.
(3) the inspection of the delegate list, the Act and this regulation is to enable up to the end of voting in the Assembly of delegates. The delegates list for inspection should not contain the dates of birth of the delegates. The inspection can be the interpretation and usage in the company's existing information and communication technology.

Article 70 objections against the correctness of the delegate list (1) objections against the correctness of the list of the delegates may be lodged before the start of voting in the election management.
(2) referred to in paragraph 1 the operating dial Board decides whether appeals immediately. An objection is justified, the operating selection board corrected the delegates list. The operation Election Committee shall inform his decision the person who filed an objection.
(3) before the start of voting, the election management to check the delegates list their correctness. In addition, the delegates list for spelling mistakes, obvious mistakes or in completion in due time the appeals can be corrected or supplemented before beginning the vote.
Subsection 2 message to the delegates of section 71 notice to delegates (1) dividing operation Election Committee each delegates no later than two weeks prior to the date of the Congress of delegates with: 1. that at the election and votes only delegates can participate, which are registered in the list of delegates.
2. that enables the consultation of the delegate list, the Act and this regulation in the Congress of delegates;
3. that objections against the correctness of the delegate list before the start of voting in the election management can be inserted;
4. that the Supervisory Board of workers of all the delegates be chosen;
5. how many votes are to the delegates;
6. that the voting on nominations is bound;
7. place, date and time of the Assembly of delegates and the public votes;
8. the address of the operating selection board.
The communication shall be made in writing against acknowledgement or by registered letter.
(2) the operating selection board shall send copies of the communication the company and trade unions represented in the company referred to in paragraph 1.
(3) the operating Selection Board notes that the term of Office of a delegated 1. resignation of the Office, 2. by termination of employment of the delegates in the operation, prematurely terminated 3. due to loss of eligibility (§ 14 para 1 of the Act) or that he is prevented (§ 14 para 2 sentence 1 of the law), so called it the replacement delegates (§ 14 para 2 sentence 2 of the Act) in the same way as the delegates.
(4) a delegate determines that he is prevented, so he shall inform the management choice.
Subsection 3 election of several members of Supervisory Board of workers in a ballot due to multiple nominations section 72 are voting, election process (1) in a ballot to select several members of Supervisory Board of workers and there are several valid election proposals for this round, so the delegates can vote only for one of these electoral proposals. Voting is done by delivery of ballots. A delegate has several votes, so he gives off a ballot for every vote. The term of the ballot within the meaning of this section shall be determined according to § 25 paragraph 4 (2) the election management has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, list name and type of employment with each other; proposals, which are marked with a password, the password must be stated. The ballot should contain the indication that the delegate may indicate only a proposal. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering; the same applies to the electoral envelopes, if election envelopes are used. The ballot papers and election envelopes, which are used for a ballot, must differ from the ballot boxes intended for the other ballots and election envelopes in colour.
(3) the delegates characterized crosses in the place provided in the ballot the election proposal selected by him. For the electoral process are the §§ 16 and 17 apply mutatis mutandis; the balloting is to note: in the list of delegates for each ballot and for each voice separately.
(4) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.
(5) the operating selection board can decide to apply article 16 paragraph 3 with the proviso that unfolded ballots and election envelopes in the ballot box to throw are, if the intended method of counting of the vote requires unfolded ballots.

Article 73 public votes (1) immediately after counting votes of election management publicly the votes from.
(2) after the opening of the ballot box, takes the ballot the election management and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. Election envelopes are used and several marked ballots, are located in an election envelope so they they will, if they fully match, only simply counted, otherwise invalid.
(4) in the use of voting machines, section 20 para 4 shall apply mutatis mutandis.

§ 74 investigation of selected (1) that are votes fallen to the specific proposals of the electoral in the ballot in a series placed and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size map, as in the election Supervisory Board members are to choose. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(2) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(3) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
(4) with the election of a candidate or a candidate, the replacement member of the supervisory board listed in the proposal in addition to the selected candidate or the selected candidate is selected.
Subsection 4 election of several members of Supervisory Board of workers in a vote due to only draft choice section 75 voting, election process
(1) several supervisory of workers are in a ballot to choose and is only a valid proposal for this round, so the delegates can vote only for those in the nomination listed applicants. A separate vote for a replacement member of the Supervisory Board is not allowed. Voting is done by delivery of ballots. A delegate has several votes, so he gives off a ballot for every vote.
(2) the operating selection board has applicants on the ballot, stating the surname, performing first name and type of employment with each other in the order in which they are named in the nomination. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description how the delegate can indicate many applicants and applicants. Article 72, paragraph 2, sentence 3 and 4 shall apply.
(3) the delegates marks the selected by ticking in the places provided in the ballot. He can tick no more applicants and applicants as supervisory board members in the vote to choose. Section 72, paragraph 3, sentence 2 shall apply accordingly.
(4) ballots are invalid, more applicants and applicants are selected 1 where, as in the election Supervisory Board members are to choose, a unique will not arising 2. from which, 3 with a special characteristic are containing the other than the information referred to in paragraph 2, an amendment or other amendments 4.
(5) article 72, paragraph 5 shall apply.

§ 76 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and separately counts votes attributable to each candidate or each candidate for every ballot. Article 73, paragraph 3 shall apply. On a ballot a candidate repeatedly checked, this counts as one vote.
(3) for the use of voting machines, section 20 para 4 shall apply mutatis mutandis.

§ 77 determination of selected so many applicants and applicants are selected, as in the election Supervisory Board members to choose are according to the order of them relating to the votes. Vote, the lot decides. Section 74 paragraph 4 shall apply.
Subsection 5 choice of only a supervisory board member of workers in a ballot of section 78 is choice of only a supervisory board member of workers in a vote (1) in a ballot to choose only a member of the Board of workers, so the delegates can vote only for any of the proposed candidates or the proposed candidate. Section 75 (1) sentence 2 to 4 shall apply.
(2) is only a valid proposal, the election management has applicants on the ballot, stating the surname, performing first name and type of employment with each other in the order in which they are named in the nomination. There are several valid nominations, the election management has applicants on the ballot indicating family name, first name, performing type of employment and password of the election proposal among themselves in alphabetical order. Article 75, paragraph 2, sentence 2 and 3 shall apply.
(3) the delegates characterized crosses in the place provided in the ballot the candidate chosen by him or the candidate of his choice. He may no longer apply as a candidate or a candidate. Section 72, paragraph 3, sentence 2 and paragraph 5, section 75 (4) and the sections 76 and 77 are to apply.
Subsection 6 election transcript; Notifications section 79 election transcript is, whoever is selected, the operating Selection Board notes separately in a transcript for each ballot: 1. the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. in proportional numbers of votes attributable to the individual nominations, which calculated quantitative and their distribution on the election proposals;
6. when election the number of votes attributable to the individual applicants or applicants;
7. the names of the elected members of the Supervisory Board;
8. the name of the substitute members elected for the individual members of the Supervisory Board;
9. special incidents occurred during the elections or other events.

Section 80 announcement of the election results, notification of selected (1) which are operating Election Committee the election result and the names of those elected in the Delegate Assembly known. He discloses the election result and the names of elected immediately for the duration of two weeks in operation.
(2) at the same time, the operating selection board notified in writing the chosen of their choice and sent the notice the company and trade unions represented in the companies referred to in paragraph 1.

Article 81 the offing storage operating Election Committee passes the offing the company. The company kept the offing for at least the duration of five years.
Part 2 dismissal of supervisory of workers Chapter 1 common provisions article 82 introduction of the appeal procedure (1) in writing the Works Council to submit request for dismissal of a supervisory board member who is workers pursuant to § 23 para 1 of the Act.
(2) without delay after receipt of an application for dismissal of the election management is made, unless the application obviously does not meet the requirements referred to in section 23 subsection 1 sentence 2 of the Act.
(3) for the tasks, the formation, composition, and conducting business of the operating selection board are the articles 3 to 7 apply mutatis mutandis; the communication must contain also the contents of the request for dismissal pursuant to section 6. The company has operating Election Committee in the election of the Supervisory Board Member, whose dismissing is requested to pass created offing.

Section 83 workers and workers will list the eligible sought the dismissal of a company-affiliated supervisory board member of workers, so a list of voters drawn up immediately after the formation of the operating selection board, which are eligible to apply after section 23 subsection 1 sentence 2 of the Act for the removal of this supervisory board member. The sections 8 to 11 shall apply accordingly; the notice must contain the content of the request for dismissal according to § 9 par. 2 and 3.

Section 84 (1) of the election management checks examination of the request for dismissal immediately after section 83, sentence 2, section 10, paragraph 1 specific period the validity of the request for dismissal. Is pursuant to section 83 set 2, article 10, paragraph 1 the amendment of the list of eligible requires workers and workers have been so the operating selection board forthwith the validity of the application after the time limit in section 83 sentence 2, § 10, 2 sentence 2 specific para.
(2) If an application is not valid, so the operation Election Committee shall inform the application representative or, if one is not named, writing with the or the signatory in the first place. The election management makes known the communication for a period of two weeks.

Section 85 to apply regulations (1) is a valid request, so the operation selection board determines whether the Supervisory Board, the dismissing is requested, has been elected in direct election or by delegates.
(2) so the dismissal procedure is the Supervisory Board, which is already applied, dismissing elected in direct election, is governed under the provisions of Chapter 2 (3) the Supervisory Board, the dismissing is requested, is elected by delegates, so the dismissal procedure aimed according to the rules of Chapter 3 Chapter 2 vote on the dismissal of a supervisory board member of § 86 workers elected in direct election recall Committee Letter , Voters list (1) the operating Election Committee shall adopt immediately a dismissal letter of negotiation. The vote will take place four weeks since adoption of the appeal of writing.
(2) the recall Committee letter must contain the following information: 1. the date of its adoption;
2. the content of the application;
3. the designation of the applicant entity;
4. the number of workers and workers who have signed the application;
5. that only workers and workers can take part in the vote, which are registered in the electoral register;
6. that the decision on the dismissal is needed a majority of three quarters of the votes;
7. place, day and time of voting and the counting of the public vote;
8. the reference to the possibility of written voting as well as the plants and micro-enterprises for the written vote according to § 87 para 1 in conjunction with § 18 para 3 No. 1 is decided and whether the written vote according to § 87 para 1 in conjunction with § 18 para 3; adopted no. 2
9. where and how the voters from the voters list, the Act and this regulation to inspect;
10. that appeals and other declarations to the operating selection board to dispose of are;
11. the address of the operating selection board.
For the notice of the appeal of writing is to apply according to § 24 para 3 and 4.
(3) for the dismissal, a list of the unwillingness of the operation (selection list) will be immediately. Sections 8, 9 and 11 are apply mutatis mutandis with the proviso that by way of derogation from section 8, subsection 1, sentence 1 separation the voters list is not required.

§ 87 files (1) for the vote, vote, vote apply the sections 16 to 21.
(2) the election management transmitted the outcome of the vote in writing 1 the Supervisory Board Member, voted about his dismissal, 2 the Union, which has submitted a request for dismissal (section 23 subsection 1 sentence 2 No. 3 of the Act), 3rd company and it is known for a period of two weeks in the same way as the recall Committee writing.
(3) on the files created in connection with a request for dismissal is to apply paragraph 49 according to.
Chapter 3 vote on the dismissal of a supervisory board member of § 88 workers selected by delegates delegates list the election management provides for the recall immediately a list of delegates (delegates list). Section 8, subsection 1, sentence 2 and 3, paragraph 3 and 5, section 69, paragraph 2 and 3 and section 70 apply accordingly.

§ 89 delegates, communication operation selection board of delegates (1) the delegates vote on the request for dismissal in a meeting (delegates). The Assembly of delegates will take place six weeks later after determining that there is a valid request for dismissal of a supervisory board member of employees elected by delegates.
(2) the operating selection board convene the delegates in writing against acknowledgement or by registered letter to the delegates; § 71 paragraph 2 to 4 shall apply accordingly. The communication should be sent pursuant to sentence 1 no later than two weeks prior to the delegates meeting delegates.
(3) the notice must contain the following information: 1. the content of the application;
2. the designation of the applicant entity;
3. the number of workers and employees who have signed the request for dismissal;
4. that only delegates can participate in the vote, which are registered in the list of delegates;
5. that enables the consultation of the delegate list, the Act and this regulation in the Congress of delegates;
6. that objections against the correctness of the delegate list before the start of voting in the election management can be inserted;
7. that the decision on the dismissal is needed a majority of three quarters of the votes;
8. how many votes are to the delegates;
9. place, date and time of the Assembly of delegates and the public votes;
10. the address of the operating selection board.

Article 90 vote, vote, files for the vote, the result of the vote, and the storage of files are the sections 15, 16, 17, 20, 21 and 72 para 1 sentence 3 and paragraph 5 as well as the sections 73, 80 and 87 par. 2 and 3 according to apply set 3 and 4, paragraph 2.
Chapter 4 substitute members section 91 are substitute members for the dismissal of substitute members (§ 23 para 4 of the Act) to apply the provisions of chapters 1 to 3 according to.
Part 3 transitional and final provisions § 92 first-time application of the law on a company (1) at the first application of the law on a company has to adopt the company the notice referred to in paragraph 2 immediately after the notification referred to in § 97 para 1 of the companies act on the composition of the Supervisory Board.
(2) the operating Election Committee is formed immediately after the notice referred to in section 2. After the formation of the operating selection board the voters list shall be immediately; the articles 8 to 11 shall apply.
(3) by way of derogation from section 12, subsection 1, sentence 1 and 2 operating Election Committee to issued the notices referred to in articles 12, 24 and 28 15 weeks before the expected start of the term of Office of the Supervisory Board of the workers to be elected.

§ 93 are to apply the sections 186 to 193 of the civil code according to calculation of time-limits for the calculation of the time limits specified in this regulation. Working days within the meaning of this regulation are the weekdays Monday to Friday except public holidays.

§ 94 on elections or recalled have been launched before 1 June 2002, the rules of the first electoral code to the co-determination Act of 23 June 1977 are transitional (Federal Law Gazette I p. 861), amended by article 1 of the regulation of 9 November 1990 (BGBl. I p. 2487), even after its expiry in accordance with section 40 paragraph 2 of the German co-determination Act of 4 May 1976 (BGBl. I p. 1153) , last by article 1 of the law of 23 March 2002 (Federal Law Gazette I p. 1130) has been amended is to apply.

Article 95 entry into force, expiry this regulation enter into force on the day after the announcement.