First election order to the Codetermination Act (1. WOMitbestG)

Unofficial table of contents

1. WOMitbestG

Date of completion: 27.05.2002

Full quote:

" First election order to the Codetermination Act of 27 May 2002 (BGBl. 1682), as defined by Article 1 of the Regulation of 10 June 2008. October 2005 (BGBl. 2927).

Status:

Amended by Art. 1 V v. 10.10.2005 I 2927

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 6.2002 + + +) 

  

Unofficial table of contents

Input formula

On the basis of § 39 of the Codetermination Act of 4 May 1976 (BGBl. I p. 1153), the Federal Government is responsible for: Unofficial table of contents

Content Summary

§ 1							Scope
Part 1
	Election of members of the Supervisory Board of employees
		Chapter 1
			Introduction of the election, vote on the nature of the election, election proposals
				Section 1
					Initiation of election
§ 2							Announcement of the Company
§ 3							Ballot Officer
§ 4							Formation of the operating electoral board
§ 5							Composition of the operating election board
§ 6							Notification duty
§ 7							Management of the Executive Board of Directors
§ 8							Select List
§ 9							Announcement on the formation of the operating electoral board and the voter list
§ 10							Request for Change
§ 11							Objections to the correctness of the voter list
				Section 2
					Vote on the nature of the election
§ 12							Notice
§ 13							Request for vote
§ 14							Vote Letters
§ 15							Voting
§ 16							Reconciliation
§ 17							Use of voting machines
§ 18							Conditions for the written vote
§ 19							Procedure for voting in writing
§ 20							Public Vote Counting
Section 21							Explanation of vote
Section 22							Announcement of the result of the vote
				Section 3
					Distribution of seats, election proposals
						Subsection 1
							Distribution of seats of members of the Supervisory Board of employees
Section 23							Distribution of seats of members of the Supervisory Board of employees
						Subsection 2
							Nominations
§ 24							Notice on the submission of nominations
Section 25							Nominations of the employees referred to in Article 3 (1) (1) of the Act
Section 26							Nominations of the trade unions
§ 27							Election proposals for replacement members
						Subsection 3
							Additional provisions for the election proposal of senior executives
§ 28							Notice of vote in favour of the election proposal of senior executives
§ 29							Suggestions for voting by senior executives
§ 30							Coordination of senior executives
Section 31							Explanation of vote
						Subsection 4
							Examination and publication of nominations
Section 32							Examination of nominations
§ 33							Invalid election proposals
Section 34							Grace period for election proposals
§ 35							Announcement of nominations
				Section 4
					Rules to be applied
§ 36							Rules to be applied
		Chapter 2
			Direct election of the members of the Supervisory Board of the employees
				Section 1
					Select Letter
Section 37							Select Letter
				Section 2
					Implementation of the election
						Subsection 1
							Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals
§ 38							Voting, electoral process
§ 39							Public Vote Counting
§ 40							Determination of the elected
						Subsection 2
							Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
Section 41							Voting, electoral process
§ 42							Public Vote Counting
Section 43							Determination of the elected
						Subsection 3
							Election of only one member of the Supervisory Board of the employees in one ballot
Section 44							Election of only one member of the Supervisory Board of the employees in one ballot
						Subsection 4
							Written vote
§ 45							Requirements
Section 46							Voting procedure
						Subsection 5
							random down, notifications
§ 47							Electoral Address
§ 48							Announcement of the results of the election, notification of the elected
§ 49							Storage of the Wahlaked
		Chapter 3
			Election of Supervisory Board members of employees by delegates
				Section 1
					Election of Delegates
						Subsection 1
							Delegate with Multiple Mandate
§ 50							No choice of delegates after this subsection, if delegates with multiple mandate are elected in the company for the election of Supervisory Board members of other companies
Section 51							Delegates elected at the same time for the election of Supervisory Board members of other companies
						Subsection 2
							Initiation of election
Section 52							Calculation of the number of delegates
Section 53							Ballot letter for the election of the delegates
						Subsection 3
							Nominations for Delegates
§ 54							Submission of election proposals
§ 55							Examination of nominations
§ 56							Invalid election proposals
Section 57							Grace period for election proposals
Section 58							Announcement of nominations
						Subsection 4
							Election of delegates in one ballot on the basis of several election proposals
§ 59							Voting, electoral process
§ 60							Public Vote Counting
Section 61							Determination of the elected
						Subsection 5
							Identification of delegates in the event of only one election proposal for a ballot
Section 62							Identification of delegates in the event of only one election proposal for a ballot
						Subsection 6
							Written vote
§ 63							Requirements
Section 64							Voting procedure
						Subsection 7
							random down, notifications
Section 65							Electoral Address
Section 66							Announcement of the results of the election, notification of the elected
						Subsection 8
							Exception
Section 67							Exception
				Section 2
					Election of the members of the Supervisory Board of the employees by the delegates
						Subsection 1
							Delegates ' Meeting, List of Delegates
Section 68							Delegates ' Meeting
Section 69							Delegate List
Section 70							Objections to the correctness of the list of delegates
						Subsection 2
							Communication to the Delegates
Section 71							Communication to the Delegates
						Subsection 3
							Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals
Section 72							Voting, electoral process
Section 73							Public Vote Counting
Section 74							Determination of the elected
						Subsection 4
							Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
§ 75							Voting, electoral process
Section 76							Public Vote Counting
Section 77							Determination of the elected
						Subsection 5
							Election of only one member of the Supervisory Board of the employees in one ballot
Section 78							Election of only one member of the Supervisory Board of the employees in one ballot
						Subsection 6
							random down, notifications
§ 79							Electoral Address
§ 80							Announcement of the results of the election, notification of the elected
§ 81							Storage of the Wahlaked
Part 2
	Dismise of Supervisory Board members of employees
		Chapter 1
			Common rules
Section 82							Initiation of the appointment procedure
Section 83							List of employees entitled to the contract
Section 84							Examination of the application for convening
§ 85							Rules to be applied
		Chapter 2
			Vote on the convening of a member of the Supervisory Board elected by direct election
§ 86							Revocations, voter list
Section 87							Vote, Voting record, Files
		Chapter 3
			Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate
Section 88							Delegate List
§ 89							Delegates ' Meeting, Communication of the Management Board to the Delegates
§ 90							Vote, Voting record, Files
		Chapter 4
			Spare Members
Section 91							Spare Members
Part 3
	Transitional and final provisions
§ 92							First-time application of the law to a company
Section 93							Calculation of deadlines
Section 94							Transitional arrangements
§ 95							Entry into force, external force

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§ 1 Scope

(1) If a company in which the employees have a right of co-determination pursuant to Section 1 (1) of the Act is made up of an establishment, the election and the dismise of the members of the Supervisory Board of the employees shall be determined by that company. Company in accordance with the provisions of this Regulation. If the employees of other companies participate in the election or the convocation according to § 4 or § 5 of the Act, they are determined in accordance with the provisions of the Third Electoral Regulations on the Codetermination Act. (2) The election of the Members of the Supervisory Board of the employees shall be determined in accordance with the provisions of Part 1. (3) The dismise of members of the Supervisory Board of employees shall be determined in accordance with the provisions of Part 2.

Part 1
Election of members of the Supervisory Board of employees

Chapter 1
Introduction of the election, vote on the nature of the election, election proposals

Section 1
Initiation of election

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§ 2 Announcement of the company

(1) At the latest 19 weeks prior to the expected start of the term of office of the members of the Supervisory Board to be elected, the Company shall make known to employees that members of the Supervisory Board are to be elected. The notice shall also indicate:

1.

the probable start of the term of office of the members of the Supervisory Board to be elected;

2.

the number of supervisory board members to be elected;

3.

the number of employees generally employed in the enterprise.

If the employees of the company also participate in the election of members of the Supervisory Board of other companies (§ § 50, 51), the term of office of these Supervisory Board members shall not begin more than twelve months before or after the beginning of the term of office of the Supervisory Board. the term of office of the members of the Supervisory Board to be elected pursuant to this Regulation shall also be indicated in the notice. (2) The notice may be published by means of a notice at one or more appropriate places accessible to the electorate in question in the operation and use of the information and information available in the company Communication technology. The use of information and communication technology shall be permitted only if the addressee of this notice of information may become aware of the notice and arrangements have been made to ensure that only the company changes the (3) At the same time as the contract notice, the company shall send a copy of the notice

1.

the Works Council and the Speaker Committee,

2.

the trade unions represented in the company;

3.

The representatives of employees of the company employed in flight operations established by collective agreement in accordance with Section 117 (2) sentence 1 of the Works Constitution Act.

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§ 3 Operating Electoral Council

The timely initiation and implementation of the election as well as the determination of the election result are the responsibility of the head of the holding of the holding. Unofficial table of contents

§ 4 Formation of the operating electoral board

The Management Committee shall be immediately established in accordance with the notice referred to in § 2. The sexes are to be represented according to their numerical ratio. Unofficial table of contents

§ 5 Composition of the operating electoral board

(1) The Executive Board of Management shall consist of three members. The works council may increase the number of members if this is necessary for the proper implementation of the election. The operating election board must consist of an odd number of members. Members of the Board of Management may only be entitled to vote. (2) In the Executive Board of the Management Board, the employees and the officers designated in § 3 (1) (1) of the Act shall be appropriately represented. If at least five persons entitled to vote are employed in the holding, at least one senior employee must belong to the head of the holding of the holding. (3) For each member of the operating election board he may, in the case of his or her (4) The works council appoints the members of the executive board of management who are employees referred to in section 3 (1) (1) of the law. If there is no works council, the members of the operating electoral board referred to in the first sentence shall be elected in a business meeting by a majority of the votes cast. (5) The members who are members of the executive staff shall be appointed by: the spokesperson's committee responsible for the operation. In the absence of a spokesperson's committee, the members of the operating electoral board referred to in the first sentence shall be elected by a majority of the votes cast in a meeting of the holding's senior employees. Unofficial table of contents

§ 6 obligation to provide information

The Executive Board of Management shall, immediately after its formation, inform the undertaking and the trade unions represented in the undertaking in writing of the names of its members and its address. Unofficial table of contents

§ 7 Management of the Executive Board of Directors

(1) The Board of Management elects a chairperson or a chairperson and at least one deputy or deputy from among its members. (2) The Chief Operating Officer may have a written order of procedure. (3) The Board of Management shall take its decisions by a simple majority of its members. A minutes shall be recorded at each meeting of the operating electoral board, which shall contain at least the text of the decisions; in the case of decisions on the registration of workers, the minutes shall be included in the list of voters, as referred to in Article 3 (1) (1) of the In the minutes, employees or as senior employees are also to be noted in the minutes whether they have been taken without a vote against. Members of the board of directors whose votes a decision has been taken may require that the minutes of the minutes of the minutes be dismissed. The minutes shall be signed by the chairman or the chairman and a further member of the board of management; this shall also apply to notices, letters of writing and further minutes of the operating election board. (4) Notices of the The company elective board can take place by means of a curtain and through the use of information and communication technology available in the company. The slope shall be carried out at one or more suitable vacancies accessible to the eligible voters. It is to be preserved in a legible state. The use of information and communication technology shall be permitted only if the addressee's circle of notice is able to obtain information from the notice and arrangements are made to ensure that only the head of the holding of business shall make changes to the information and communications technology. (5) The Company has to assist the Board of Management in the performance of its duties and to provide it with the necessary business requirements. (6) The Executive Board of Management shall ensure that: foreign workers and employees of the German language are not powerful, in good time on the occasion of the election, the electoral procedure, the votes, the list of voters ' lists and the election proposals, the electoral process and the vote in a suitable manner. Unofficial table of contents

§ 8 Voter List

(1) The Chief Operating Officer shall immediately after his formation establish a list of the persons entitled to vote in the holding (voters ' list), separately in accordance with the employees referred to in section 3 (1) (1) of the law and the chief executives. The persons entitled to vote are to be listed in alphabetical order with surname, first name and date of birth. The list of voters may be established by the use of information and communication technology available in the enterprise, provided that arrangements are made to ensure that only the head of the electorate can make changes to the voter list. (2) Each Member of the Board of Management is obligated to ensure that the persons entitled to vote in the voters ' list are correctly divided into employees in accordance with Section 3 (1) (1) of the Act and senior employees. The members of the Management Board shall endeavour to take a decision without a vote against. (3) The company has to provide the Management Committee with all the information necessary for the preparation of the voters ' list and the company has the right to request the to provide the necessary documentation. It has to support the board of management in particular in the division into employees according to § 3 (1) no. 1 of the law and senior employees. (4) The operating election board rectifies or supplements the voters ' list without delay if a Employee or employee

1.

to enter or leave the establishment,

2.

the 18. Year of life completed or

3.

the property changes as an employee or a senior employee referred to in Article 3 (1) (1) of the Law,

or if otherwise the conditions on which an entry is based on the voters 'list change. (5) Elections and votes can only be attended by workers registered in the voters' list. Unofficial table of contents

Section 9 Announcement of the formation of the operating electoral board and the voters ' list

(1) The inclusion in the voters ' list, the law and this Regulation shall be made possible without delay until the election of the members of the Supervisory Board of the employees is concluded. The voters ' list intended for inspection shall not include the date of birth of the persons entitled to vote. The inspection may be made possible by design at a suitable point in the holding and by the use of information and communication technology available in the company. (2) The Board of Management of the operating system shall at the same time make the possible use of the The names of its members and his address are known to the voters ' list. The announcement shall be made from the date of its adoption until the conclusion of the election of the members of the Supervisory Board of the employees. On the notice of the announcement, the head of the operating election shall mark the first and last day of this period. The notice shall also indicate:

1.

the date of their adoption;

2.

where and how eligible voters can access the voters ' list, the law and this regulation;

3.

that objections to the correctness of the voters ' list can only be lodged in writing at the head of the holding of the ballot box within one week from the date of the publication of the notice; the last day of the period shall be indicated;

4.

objections to corrections and additions to the voters ' list may be lodged only within a week since the correction or the addition of the voter's list;

5.

that only workers who are registered in the voters ' list can take part in elections and votes.

(3) If the Chief Operating Officer, when drawing up the voters ' list in accordance with Section 8 (1) of the Act, on the registration of the persons entitled to vote as employees or senior employees referred to in Article 3 (1) (1) of the Act, did not exclusively take decisions without The notice referred to in paragraph 2 shall also contain the following information:

1.

each worker has, within one week since the adoption of the contract notice, in writing by the head of the holding, the change in its own registration as an employee or a senior member of the staff referred to in Article 3 (1) (1) of the law (a) an employee in the list of voters may require; the last day of the deadline shall be indicated;

2.

that the request for amendment referred to in paragraph 1 is to be met if a member of the holding electoral board agrees to the request;

3.

that the validity of the voters ' list can only be appealed against, unless a change in the list of voters can be requested in accordance with point 1.

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§ 10 Change request

(1) Every employee may, within a week since the publication of the notice pursuant to § 9 (2) and (3), require in writing from the operating election board that the individual registration in the voters ' list as in § 3 (1) No. 1 of the (2) The request for amendment referred to in paragraph 1 is to be met if a member of the board of management agrees to the request. Consent in accordance with the first sentence may be granted only within one week after the expiry of the period specified in paragraph 1; it shall be declared in writing to the head of the holding of business. (3) The amendment to the registration referred to in paragraph 2 may be subject to the following: The working court shall be called upon by a member of the board of management who has not agreed to the request for amendment. Unofficial table of contents

§ 11 objection to the correctness of the voters ' list

(1) An objection may be filed against the correctness of the voters 'list unless, in accordance with § 10 (1), a change in the registration is required as employee or senior employee in the voters' list referred to in section 3 (1) (1) of the law. can be. Any objections to the correctness of the voters ' list may only be filed in writing at the operating election board within one week since the announcement of the announcement according to § 9 para. 2 and 3. Objections to corrections and additions to the voters ' list may only be filed within a week since the correction or the supplement. (2) The oppositions referred to in paragraph 1 shall be decided without delay. If an objection is justified, the voters ' list shall be corrected. The head of the operating election shall immediately inform the decision of the person who has lodged the opposition in writing.

Section 2
Vote on the nature of the election

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§ 12 Notice

(1) In a company with as a rule not more than 8,000 employees in total, the head of the Management Committee shall immediately release a notice after the expiry of the period specified in § 10 (1). If the amendment of the voters ' list has been requested in accordance with Section 10 (1), the notice shall be issued immediately after the expiry of the period specified in § 10 para. 2 sentence 2. The notice shall contain the following information:

1.

the date of their adoption;

2.

the members of the Supervisory Board shall be elected by direct election unless the electorate decides to elect them by means of delegates;

3.

the minimum number of persons entitled to vote, including a request for a vote on the election of the members of the Supervisory Board of the employees by delegates;

4.

an application can only be submitted in writing to the head of the holding of the ballot box within two weeks from the date of the publication of the contract notice; the last day of the period shall be indicated;

5.

the minimum number of persons entitled to vote, whose participation in the vote is required;

6.

a decision on the election of members of the Supervisory Board of employees by delegates can only be taken by a majority of the votes cast;

7.

the address of the operating election board.

If, in accordance with the provisions of this Regulation, delegates have already been elected whose term of office has not yet been completed at the beginning of the term of office of the members of the Supervisory Board to be elected, the notice shall be those referred to in the second sentence of paragraph 2 (2) In a company with a total of more than 8,000 employees in total, the head of the Management Committee shall issue a notice on the date set out in the first sentence of the first sentence of paragraph 1 and 2. It shall contain the following information:

1.

the date of their adoption;

2.

the members of the supervisory board of the employees are elected by delegates, unless the persons entitled to vote decide on the direct election;

3.

the minimum number of persons entitled to vote, a request to vote on the election of the members of the Supervisory Board to be elected by direct election;

4.

an application can only be submitted in writing to the head of the holding of the ballot box within two weeks from the date of the publication of the contract notice; the last day of the period shall be indicated;

5.

the minimum number of persons entitled to vote, whose participation in the vote is required;

6.

a decision on the direct election of the members of the Supervisory Board of the employees may be taken only by a majority of the votes cast;

7.

the address of the operating election board.

Sentences 1 and 2 shall also apply where, in accordance with the provisions of this Regulation, delegates have already been elected whose term of office has not been completed at the beginning of the term of office of the members of the Supervisory Board to be elected. (3) Announcement by the head of the holding of the holding of the ballot box takes place until the issuing of the ballot letter in accordance with § 37 or § 53. On the notice of the announcement, the head of the operating election shall mark the first and the last day of this period. (4) The Management Committee shall send the notice of notice immediately after its adoption to the enterprise and to the undertakings represented in the undertaking. Unions. Unofficial table of contents

Section 13 Request for vote

(1) In a company with as a rule not more than 8,000 workers, a request for a vote on the election of members of the Supervisory Board of employees by delegates may be submitted. . If the conditions laid down in Article 12 (1) sentence 4 are available, paragraph 2 shall apply. (2) In a company with a total of more than 8,000 workers, a request for a vote may be applied to the Members of the Supervisory Board of the employees are to be elected in direct election; this shall also apply if the conditions set out in § 12 (2) sentence 3 are available. (3) A request for a vote shall be submitted within two weeks since To issue the notice in accordance with § 12 in writing to the head of the operating election. An application for a vote shall be valid if it has been signed by at least one twentieth of the persons entitled to vote and has been submitted in due time. (5) if an application is invalid, the head of the operating election shall inform the application representative or, if an application is not designated, the first signatory or, in writing, the undersigned. Unofficial table of contents

Section 14 Voting Letter

(1) If there is a valid application in accordance with § 13, the Management Committee shall issue a voting letter without delay. The vote shall take place within two weeks of the adoption of the voting letter. (2) The voting record shall contain the following information:

1.

the date of its adoption;

2.

the content of the application;

3.

that only workers who are registered in the voters ' list can participate in the vote;

4.

the minimum number of persons entitled to vote, whose participation in the vote is required;

5.

that the decision can only be taken by a majority of the votes cast;

6.

the place, day and time of the vote and the public counting of votes;

7.

the indication of the possibility of the written vote as well as the operating parts and micro-entities, for the written vote in accordance with section 18 (3) No. 1, and whether the written vote in accordance with section 18 (3) no. 2 has been decided ;

8.

that objections and other declarations are to be made to the head of the works election;

9.

the address of the operating election board.

3. The Member of the Management Committee shall announce the letter of vote on the day of its adoption until the end of the vote and shall record the first and last day of the notice on the date of the vote. Section 12 (4) shall apply accordingly. Unofficial table of contents

Section 15 Voting

(1) The ballot papers for the vote shall contain only the request and the question to the persons entitled to vote, whether they vote in favour of or against the motion. If the vote is to be cast for the application, the pre-printed "Yes" is to be crossed, otherwise the pre-printed "No" is to be crossed. The ballot papers for the vote must all have the same size, colour, texture and inscription. (2) ballot papers which are provided with a special feature or from which a clear will does not result or the other as a the particulars referred to in paragraph 1, an addition or any other changes, shall be invalid. Unofficial table of contents

Section 16 Voting procedure

(1) The Management Committee shall take appropriate measures for the unobased identification of the ballot papers in the electoral area and shall ensure the provision of a ballot box or a number of ballot boxes. The ballot box must be closed by the operating ballot board and be set up in such a way that the ballot papers thrown in cannot be removed without opening the urn. (2) During the vote, at least two members of the ballot box must be If election assistants are appointed, the presence of a member of the board of business electors and an election worker shall suffice. (3) The person who is voting shall identify her Ballot papers unobserved and faltet him in such a way that their voice does not is recognizable. After that, she gives her name and throws the folded ballot into the ballot box, after the vote has been recorded in the voters ' list. (4) Whoever is impaired as a result of his disability in the vote can be a person of his or her own. determine the confidence to assist him in the vote, and shall inform the head of the election of the holding. Persons applying to the election, members of the electoral board, as well as election workers may not be used to provide assistance. The assistance shall be limited to the fulfilment of the voter's or voter's wishes; the person of the trust may, together with the voter or the voter, visit the electoral cell. It is obliged to maintain secrecy of the knowledge which it has acquired in the provision of assistance for the vote. Sentences 1 to 4 shall apply mutatily to the reading of indiscriminate voters. (5) If the vote is interrupted or if the result of the vote is not determined immediately after the vote has been completed, the head of the holding of the holding of the holding shall be entitled to: for the interim, to close the ballot box in such a way that it is impossible to insert or remove ballot papers without damage to the closure. In the event of a re-opening of the vote or the withdrawal of the ballot papers for the counting of votes, the head of the operating election has to be persuaded that the closure is unharbored. Unofficial table of contents

§ 17 Use of voting machines

(1) Election equipment may be used in place of ballot papers and ballot boxes for the submission and counting of votes. § 16 shall apply accordingly. In accordance with Article 2 (2) and (3) of the Federal Electoral Regulations, the voting machines must be suitable for the votes and elections for which they are to be used and shall comply with the directives on the type of voting equipment, provided that such equipment is used for the purpose of: do not include special rules for federal elections. Each voting device must be accompanied by an instruction manual and a declaration of conformity in accordance with § 2 (6) of the Federal Electoral Regulations. (2) The use of voting machines shall be admissible only if there is agreement between the the management board and the management of the company have been reached. Unofficial table of contents

Section 18 Conditions of the written vote

(1) Voting persons who, at the time of the vote, are prevented from holding their votes due to their absence from the holding, shall have the right to vote at their request

1.

to issue the voting record,

2.

the ballot paper and the ballot,

3.

a pre-printed statement to be issued by the voting person, in which it is to be insured against the holding of the holding of the ballot box that the ballot paper has been personally marked, and

4.

a major free-charge, which bears the address of the board of management and as the sender the name and address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding should also hand out or send to the person entitled to vote a leaflet on the manner in which the written vote (§ 19 para. 1) is used. The head of the operating election shall record the handout or transmission of the documents in the voters ' list. (2) Voter entitled to vote, which shall be known to the operating election board, that they shall, at the time of the vote, be based on the peculiarity of the voting rights of the person who is entitled to vote. The employment relationship is not expected to be present in the holding (in particular in the field of external service, teleworking and homeworking), the documents referred to in paragraph 1 shall be preserved without the need for a voting rights. (3) The head of the operating election may have written Vote on voting

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for the holding, if the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and the remaining minority does not constitute more than 25 voting rights in total.

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 19 Procedure in the written vote

(1) Voting shall be carried out in such a way as to ensure that the person who is voting

1.

The ballot paper is marked in a personal manner and thus faltet and concludes in the corresponding election envelope that the ballot shall only be recognizable after the ballot paper has been folded apart,

2.

sign the pre-printed declaration, stating the place and date, and

3.

shall close the envelope and the signed pre-printed declaration in the open-air envelope and send the ballot letter to the head of the holding of the ballot box in good time, or shall pass it on to the ballot box before the ballot is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the ballot box shall record the vote in the voters ' list, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested. Unofficial table of contents

Section 20 Public counting of votes

(2) After the ballot box has been opened, the head of the holding of the ballot box takes the ballot paper and determines how many votes for and how many votes against the ballot box. (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the votes are simply counted if they are completely identical, otherwise they are not valid. (4) When using voting machines, the The number of votes cast for the application and the number of votes cast against the request, as well as the number of invalid votes, were determined by reading out the counting mechanisms. Unofficial table of contents

Section 21 Voting of voting

After the result of the vote has been determined, the head of the operating election shall establish in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

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 application;

7.

the result of the vote;

8.

special incidents or other events which have occurred during the vote.

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Section 22 Announcement of the result of the vote

The head of the operating election shall disclose the result of the vote for a period of two weeks in the same way as the date of the vote.

Section 3
Distribution of seats, election proposals

Subsection 1
Distribution of seats of members of the Supervisory Board of employees

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Section 23 Distribution of the seats of the members of the Supervisory Board of the employees

(1) The Chief Operating Officer shall determine the distribution of the seats of the members of the Supervisory Board of the employees in respect of the employees referred to in Section 3 (1) (1) of the Act and the senior employees. (2) The calculation of the calculation The members of the Supervisory Board who are members of the Supervisory Board, referred to in Article 3 (1) (1) of the Act, shall be elected on the basis of the principles of proportional representation. To this end, the figures of the employees referred to in section 3 (1) (1) of the law and the company's senior staff members are placed side by side in a row, and both by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how members of the employees ' members of the employees are to be elected. The employees referred to in Section 3 (1) (1) of the Act and the senior executives are assigned to as many supervisory board seats as they do not have the highest number of seats. If the lowest possible maximum number for the employees referred to in Article 3 (1) (1) of the Act and the chief executives at the same time is no longer applicable, the lot shall decide who the seat is to be granted. (3) Dignity as referred to in paragraph 2 The number of seats in the employees referred to in Article 3 (1) (1) of the Act shall be reduced accordingly.

Subsection 2
Nominations

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Section 24 Announcement of the submission of nominations

(1) At the same time, the Executive Board of Management shall issue a notice on the submission of election proposals for the election of the members of the Supervisory Board of employees by means of the notice pursuant to § 12. The notice shall contain the following information:

1.

the date of their adoption;

2.

where and how eligible voters can access the voters ' list, the law and this regulation;

3.

the number of members of the Supervisory Board to be elected, separated by members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Law, members of the Supervisory Board of the executive employees and members of the Supervisory Board, the representatives of trade unions;

4.

Nominations for the election of members of the Supervisory Board of the employees of the operating election board may be submitted in writing within six weeks from the date of adoption of this notice; the last day of the period shall be indicated;

5.

the minimum number of persons entitled to vote in Article 3 (1) (1) of the Act, of which an election proposal must be signed for members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Act;

6.

the election proposal of the senior executives shall be drawn up by secret ballot by decision of the eligible officers by decision of the eligible officers, and that a separate notice shall be issued;

7.

an election proposal for members of the Supervisory Board, which are representatives of trade unions, can only be submitted by a union represented in the company;

8.

that, where only one nomination is made for the members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Law or the members of the Supervisory Board of the senior employees, the number of candidates in this Election proposal must be twice as high as the number of members of the Supervisory Board, which is not covered by the employees or the executive employees referred to in Section 3 (1) (1) of the Act;

9.

where only one nomination is made for the members of the Supervisory Board, who are representatives of trade unions, the number of candidates in this election proposal must be at least twice as high as the number of candidates. Number of representatives to be elected and representatives of trade unions;

10.

In each nomination, a substitute member of the Supervisory Board can be proposed for each applicant in or for each applicant, and that for a candidate who is a candidate in accordance with Section 3 (1) (1) of the Act, the The employee is only a senior employee who can be proposed as a substitute member, only one employee referred to in § 3 (1) (1) of the Act and a senior employee;

11.

that, if a member of the Supervisory Board is elected, the substitute member proposed together with him is also elected;

12.

where and how voters can become aware of the election proposals;

13.

that objections and other declarations are to be made to the head of the works election;

14.

the address of the operating election board.

(2) The Board of Management may summarise the notices referred to in paragraphs 1 and 12 in a notice. (3) The Board of Management shall disclose the notice on the day of its adoption until the conclusion of the election of the members of the Supervisory Board. On the notice of the announcement, the head of the operating election shall mark the first and the last day of the contract notice. (4) The head of the operating election shall send the notice immediately after its adoption to the company and to the companies represented in the undertaking. Unions. Unofficial table of contents

Section 25 Electoral proposals of the employees referred to in section 3 (1) (1) of the law

(1) In order to elect the members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Act, the entitled persons entitled to vote in Section 3 (1) (1) of the Act may make election proposals. Each nomination must be signed by one-fifth or 100 of the persons entitled to vote in Article 3 (1) (1) of the Act. (2) The nominations shall be submitted within six weeks since the date of the publication of the notice on the (3) If only one nomination is submitted for a ballot, the number of candidates in this nomination must be twice as high as the number of candidates. the members of the Supervisory Board to be elected on this ballot. (4) Election in the sense of this Chapter is

1.

the election of the members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Law,

2.

the election of the supervisory board members of the senior executives,

3.

the election of the members of the Supervisory Board who are representatives of trade unions.

(5) In each nomination, the candidates shall be listed in a recognizable order, with the number and surname, first name, date of birth and type of employment being given. The written consent of the candidates for inclusion in the nomination and their written assurance that they will accept the election in the event of their election shall be accompanied by. (6) For each nomination, one or more of the Signatories are to be identified as proposals for proposals. It is entitled and obligated to make the declarations required for the elimination of complaints and to accept statements and decisions of the head of the business election board to the head of the company. If no representative has been expressly appointed, the person or persons who are signatories shall be regarded as the representative of the nomination. (7) The signature of a person entitled to vote shall be counted only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall declare, at the request of the Management Board, within a reasonable period of time, but no later than three working days, to declare the signature of the nominations. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations signed by the same person entitled to vote, at the same time as: (8) An applicant may be proposed only on an electoral proposal. If the name of the person is listed on a number of nominations with the written consent of the person referred to in paragraph 5 (2), it shall, at the request of the electoral board of business, explain within three working days the application for which the name is to be submitted. is maintained. If the declaration is not made on time, the applicant must be deleted on all nominations. Unofficial table of contents

Section 26 Electoral proposals of the trade unions

(1) For the election of members of the Supervisory Board who are representatives of trade unions, the trade unions represented in the company may make election proposals. (2) Each election proposal of a trade union must be made by one of them authorised representative of this trade union. Section 25 (2), (4), (5) and (8) shall apply accordingly. If only one nomination is submitted, the number of applicants must be at least twice as high as the number of representatives of trade unions to be elected. (3) § 25 (6) must be applied accordingly. The person responsible referred to in the first sentence of paragraph 2 shall be deemed to be the representative of the proposal. The trade union may designate a person other than the person referred to in the first sentence of paragraph 2 as a proposal representative. Unofficial table of contents

Section 27 Election proposals for replacement members

(1) In each nomination, a substitute member of the Supervisory Board may be proposed for each applicant. For a candidate who is a worker referred to in Article 3 (1) (1) of the Act, only one employee referred to in Article 3 (1) (1) of the Act and a senior executive may only be a senior member of the Employees are proposed as a substitute member. Only one substitute member can be proposed for each applicant or each candidate. A candidate may not be proposed as a member of the Supervisory Board as a member or as a substitute member. Section 25 (8) shall apply accordingly. (2) Each proposed substitute member shall be listed in the election proposal, stating the surname, first name, date of birth and type of employment, in addition to the applicant, or the candidate for whom or for whom that it is proposed to serve as a substitute member of the Supervisory Board. In the election proposal, it is to be identified who is proposed as a member and who is proposed as a substitute member of the Supervisory Board. Section 25 (5) sentence 2 shall apply accordingly.

Subsection 3
Additional provisions for the election proposal of senior executives

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Section 28 Announcement of the vote on the nomination of senior executives

(1) The Chief Operating Officer shall, at the same time, make a notice of voting for the nomination of the senior employees by means of the notice pursuant to section 12 of this Article. The notice shall contain the following information:

1.

the date of their adoption;

2.

the number of candidates to be included in the election proposal of the senior staff;

3.

the election proposal of the executive staff is drawn up by a secret ballot on the basis of voting proposals by decision of the eligible senior staff;

4.

a substitute member of the Supervisory Board can be proposed in each nomination for each applicant in each nomination;

5.

the minimum number of eligible officers who must be signatories to a voting proposal for the vote of senior executives;

6.

the number of applicants who can tick any senior staff in the vote;

7.

that, in the order of the number of votes to be paid, only so many senior staff members are included in the nomination as a whole, as they must include applicants, and that the candidates must be included in the nomination process. Voting equality shall decide the lot;

8.

the replacement members listed in the voting proposals, together with the elected representatives, shall be included in the election proposal of the senior executives as substitute members of the Supervisory Board;

9.

the date until the voting proposals for the vote of the senior staff members may be submitted to the head of the holding of the holding of business;

10.

the address of the operating election board;

11.

where and how the persons entitled to vote can be informed of the voting proposals;

12.

the place, day and time of the vote and the public counting of votes;

13.

the indication of the possibility of the written vote as well as the operating parts and micro-entities, for the written vote in accordance with section 45 (3) No. 1, and whether the written vote in accordance with § 45 (3) no. 2 has been decided has been made.

(2) The Management Committee may summarise the notices in accordance with paragraph 1, § 12 and § 24 in a notice. (3) § 24 (3) and (4) shall apply accordingly. Unofficial table of contents

Section 29 Voting Proposals of senior executives

(1) The decision on the nomination of senior staff members may make proposals for voting by the officers who are entitled to vote. Any proposal for a vote must be signed by one-twentieth or 50 of the executive officers entitled to vote. Proposals for voting must be submitted in writing within a time limit to be determined by the head of the holding of the operating election. The deadline is to be two weeks. It begins with the adoption of the announcement according to § 28. (2) In each voting proposal, a senior employee can be proposed as a substitute member of the Supervisory Board for each applicant. Section 27 (1) sentences 3 to 5 shall apply accordingly. (3) In each proposal for voting the applicants shall be in recognizable order with consecutive number and with the name of the surname, first name, date of birth and type of Employment. The written consent of the applicants for inclusion in the voting proposal as well as the written assurance that they will accept the election in the event of their election shall be attached. A substitute member shall be listed in the voting proposal in addition to the applicant for which or for which it is proposed as a substitute member. The voting proposal shall indicate who is proposed as a candidate or candidate and who is proposed as a substitute member. The first and second sentences are to be applied accordingly. (4) The Chief Operating Officer shall examine the voting proposals and make known the valid voting proposals until the date on which the nomination of the executive staff members (5) If, after expiry of the time limit specified in paragraph 1, no valid voting proposal has been submitted by the operating election committee, the operating election committee shall immediately disclose this in the same way such as voting proposals and calls, in the light of the forthcoming The expiry of the time limit laid down for the submission of nominations shall again be required to submit voting proposals. Unofficial table of contents

Section 30 Voting of senior executives

(1) The Chief Operating Officer shall determine the day of the Chief Executive Officer's vote in such a manner that the nomination of the Chief Executive Officer has been received no later than seven weeks since the announcement according to § 24. (2) Any voting rights is able to cross as many applicants as possible, as the election proposal of the senior staff in total must include applicants. A separate vote for a substitute member of the Supervisory Board is not permitted. The ballot paper is issued by issuing ballot papers. (3) The Executive Board of Management has the candidates on the ballot papers with the name of the surname, first name and type of employment in alphabetical order. . The substitute member proposed for a candidate or candidate shall be listed on the ballot papers in addition to the applicant, and the first sentence shall apply accordingly. The ballot papers should contain the indication of how many applicants can tick each voting member as a whole. The ballot papers must all have the same size, colour, texture and inscription. (4) The person who is to vote shall identify the person chosen by her by crossing at the points provided for this purpose in the ballot. Not valid are ballot papers,

1.

in which more applicants are crossed than the voting person has votes,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the other than the particulars referred to in paragraph 3, an addition or any other changes.

(5) The voting of the executive staff shall be carried out by the Chief Operating Officer. § § 16 to 19 shall apply to the voting procedure and the written vote. Immediately after the ballot has been completed, the operating election officer shall publicly count the votes. After the ballot box has been opened, the ballot paper will be taken from the ballot papers and shall count the votes cast on each applicant and each candidate. The validity of the ballot papers shall be considered. If there is a ballot with a number of marked ballot papers in the ballot box, the votes are simply counted if they are completely identical, otherwise they are invalid. If a candidate is crossed on a ballot paper several times, this is counted as one vote. In the case of the use of voting machines, Section 20 (4) shall apply. (6) As candidates, only so many senior employees are included in the nomination according to the order in which the votes are paid, such as the total number of candidates. Applicants must include applicants. In the event of a tie, the lot shall be decided. (7) If a candidate is included in the nomination of the chief executives, the nominee's nominee shall be included in the nomination of the nominee in addition to the nominee for the nomination. (8) After the ballot count has been completed, the Chief Operating Officer shall make the result of the vote and the names of the members in the nomination. Recorded for a period of two weeks; Section 24 (3) shall apply accordingly. Unofficial table of contents

Section 31 Voting of voting

At the end of the vote, the head of the operating election shall establish in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the figures of the votes cast on the individual candidates;

6.

the names of the candidates and substitute members included in the nomination;

7.

special incidents or other events which have occurred during the vote.

Subsection 4
Examination and publication of nominations

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Section 32 Examination of nominations

(1) The Board of Management shall confirm in writing to the proposed representative the date of the submission of the nomination. (2) The Executive Board shall designate the nomination if it is not provided with a password, with a surname and First name of the applicant named in the first place, or of the applicant named in the first place. He shall immediately examine the nomination of the nomination and, in the event of invalidity or complaint, shall inform the nomination representative in writing, stating the reasons for the nomination. Unofficial table of contents

Section 33 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted within the time limit,

2.

where the applicants are not listed in a recognizable order,

3.

which do not include the number of applicants referred to in Article 24 (1), second sentence, No. 8 and 9,

4.

the workers referred to in Article 3 (1) (1) of the Act, if they do not have the required number of signatures when they are submitted,

5.

of the trade unions if they are not signed by a person authorised to do so.

(2) Electoral proposals,

1.

where the applicants are not referred to in the manner specified in Article 25 (5) sentence 1,

2.

which are not accompanied by the written consent and insurance of the applicants in accordance with Section 25 (5) sentence 2,

3.

which, as a result of any deletions pursuant to Article 25 (7), no longer have the required number of signatures,

shall not be valid if the head of the holding has complain of them and the deficiencies have not been remedied within three working days of the complaint. Unofficial table of contents

Section 34 Grace period for election proposals

(1) If, at the end of the period specified for the submission of election proposals, a valid nomination is not submitted for a ballot referred to in section 25 (4) (1) and (3), the operating electoral committee shall immediately issue a contract notice and shall set a grace period of one week for the submission of nominations. The notice shall contain the following information:

1.

the date of their adoption;

2.

a valid nomination has not been submitted for the ballot;

3.

election proposals may be submitted in writing within a period of grace of one week from the date of the publication of the contract notice; the last day of the period shall be indicated;

4.

that the ballot can only take place if at least one valid nomination is submitted;

5.

that, unless a valid nomination is filed, the members of the Supervisory Board who are not members of the Supervisory Board may be appointed by the court.

(2) If a valid nomination is not submitted until the expiry of the grace period for a ballot, the Management Committee shall immediately disclose that the ballot does not take place. (3) For notices pursuant to paragraphs 1 and 2, § 24 (3) (3) shall be submitted. 3 and 4. Unofficial table of contents

Section 35 Announcement of election proposals

(1) If several nominations for election are submitted for a ballot in which several members of the Supervisory Board are to be elected, the Board of Management shall determine by lot after the expiry of the provisions of section 25 (2), 33 (2) and 34 (1) sentence (2) By no later than two weeks before the first day of the vote, the head of the holding of the ballot box shall make the valid nominations of the nominations for the nomination of the nominations. Nominations, separated after ballots, known; § 24 (3) and (4) shall apply accordingly.

Section 4
Rules to be applied

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Section 36 Applicable Provisions

(1) If the members of the Supervisory Board are to be elected by direct election, the further electoral procedure shall be governed by the provisions of Chapter 2. (2) If the members of the Supervisory Board are to be elected by delegates, the members of the Supervisory Board shall be elected by the delegated acts. , the further electoral procedure shall be governed by the provisions of Chapter 3.

Chapter 2
Direct election of the members of the Supervisory Board of the employees

Section 1
Select Letter

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Section 37 Election

If it is established that the members of the Supervisory Board are to be elected by direct election, the Executive Board of the Management Board shall issue a ballot letter. It must contain the following information:

1.

the date of its adoption;

2.

the members of the Supervisory Board are to be elected by all persons entitled to vote in the immediate election;

3.

that only workers who are registered in the voters ' list can participate in the election and in voting;

4.

the date by which the nominations may be submitted;

5.

that the vote is subject to election proposals and that only those nominations submitted in due time may be taken into account;

6.

where and how voters can become aware of the election proposals;

7.

the place, day and time of the vote in respect of the election of the members of the Supervisory Board of the employees and of the public counting of votes;

8.

the indication of the possibility of the written vote as well as the operating parts and micro-entities, for the written vote in accordance with section 45 (3) No. 1, and whether the written vote in accordance with § 45 (3) no. 2 has been decided ;

9.

that objections, applications, nominations and other declarations are to be submitted to the head of the holding of the works election;

10.

the address of the operating election board.

Section 24 (3) and (4) shall apply accordingly for the contract notice.

Section 2
Implementation of the election

Subsection 1
Election of several Supervisory Board members of employees in one ballot on the basis of several nominations

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Section 38 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and several valid nominations are available for this ballot, the voters may cast their votes and the voters only for one of these nominations. Voting shall be carried out by issuing ballot papers. The concept of the ballot referred to in this chapter shall be determined in accordance with Article 25 (4). (2) The nominations for election shall have the nominations on the ballot papers in accordance with the order of the order numbers, and the first and second positions to list the names of the candidates with their surname, first name and type of employment; the password must also be given in the case of election proposals which are provided with a password. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers used for the same ballot shall all have the same size, colour, texture and inscription. The ballot papers used for a ballot must differ in colour from the ballots provided for the other ballots. (3) The voter characterises the nomination of the elector elected by her and the electorate. by crossing at the place provided for this purpose in the ballot paper. § § 16 and 17 are to be applied accordingly; the vote is to be recorded separately in the voters ' list for each ballot. (4) Invalidity are ballot papers,

1.

in which more than one nomination has been suggested,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 39 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot box shall remove the ballot papers and shall count the ballots for each ballot separately for each nomination. (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the votes are simply counted if they completely agree, otherwise they are invalid. (4) The use of voting machines is subject to § 20 (4). accordingly. Unofficial table of contents

Section 40 Determination of the elected

(1) The number of votes allocated to the individual nominations in the ballot shall be placed side by side in a row and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the Supervisory Board are to be elected in the election. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number of eligible candidates is not eligible for a number of nominations, the decision shall be taken to determine which nomination is to be submitted by that seat. (2) If an election proposal contains a total of fewer candidates, (3) The order of the candidates within the individual election proposals shall be determined by the order of the other nominations of the same ballot. (3) The order of the candidates shall be determined by the following nominations. by the order of their appointment. (4) With the election of a candidate or an applicant is the substitute member of the Supervisory Board listed in the nomination of the candidate in addition to the chosen candidate.

Subsection 2
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal

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Section 41 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and only a valid nomination is proposed for this ballot, the elector may only vote in favour of the nomination of the electorate in the nomination of the nomination. Submit applicants. A separate vote for a substitute member of the Supervisory Board is not permitted. The ballot paper is issued by issuing ballot papers. (2) The Executive Board of Management has to list the candidates on the ballot papers, stating the surname, first name and type of employment, in the order in which the ballot papers are to be held. that they are named in the nomination. The substitute member proposed for a candidate or candidate shall be listed on the ballot papers in addition to the applicant, and the first sentence shall apply accordingly. The ballot papers should contain the indication of how many applicants can tick the voters or the voters as a whole. § 38 (2) sentence 3 and 4 shall apply. (3) The voter shall identify the electorate elected by her and the voter by crossing the points provided for this in the ballot paper. No more applicants may be made to vote than in the election of Supervisory Board members. § 38 (3) sentence 2 shall apply accordingly. (4) Invalidity shall be ballot papers,

1.

where more applicants have been recrued than to vote in the election of Supervisory Board members,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 42 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot box shall accept the ballot papers and shall count the ballots for each ballot separately for each applicant's ballot. together with each candidate. Section 39 (3) shall apply. If a candidate has crossed a ballot on a ballot paper several times, this counts as one vote. (3) In the case of the use of voting machines, § 20 para. 4 applies accordingly. Unofficial table of contents

Section 43 Determination of the elected

As a whole, the number of candidates elected in the ballot box shall be chosen according to the order in which the number of votes will be paid. In the event of a tie, the lot shall decide. Section 40 (4) shall apply.

Subsection 3
Election of only one member of the Supervisory Board of the employees in one ballot

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Section 44 Election of only one member of the Supervisory Board of the employees in one ballot

(1) If only one member of the Supervisory Board of the employees is to be elected in one ballot, the voter may cast his/her vote only for one of the proposed candidates or one of the proposed candidates. § 41 (1) sentence 2 and 3 shall apply. (2) If only a valid nomination is proposed, the Board of Management shall have the nominees on the ballot papers, specifying the surname, first name and type of employment among themselves in the of the order in which they are named in the nomination. In the case of a number of valid nominations, the Board of Management has the choice of candidates on the ballot papers, including the surname, first name, type of employment and the password of the nomination, in alphabetical order of the Order. § 41 (2) sentence 2 to 4 shall apply. (3) The voter shall mark the person elected by her and the voter by crossing at the place provided for this purpose in the ballot paper. It must not be crossed more than one applicant or one applicant. § 38 (3) sentence 2, § 41 (4) and § § 42 and 43 are to be applied.

Subsection 4
Written vote

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Section 45 Conditions

(1) A person entitled to vote who, at the time of the election, is prevented from holding his/her vote due to absence from the holding, shall be entitled to his/her request for a percentage of 1.

the electoral letter,

2.

for each ballot in which he is entitled to participate,

a)

election proposals,

b)

the ballot paper and the ballot,

3.

a pre-printed statement to be issued by the voter or voter, in which it is to be insured against the holding of the holding, that the ballot paper has been personally marked, and

4.

a major clearance which bears the address of the board of management and the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding should also hand out or send a leaflet to the person entitled to vote on the manner in which the written vote (§ 46 para. 1) is used. The head of the Management Committee shall record the handing out or transmission of the documents for each ballot separately in the voters ' list. (2) Electoral beneficiaries, of which the head of the holding is known, that at the time of the election, they shall be entitled according to the nature of the voting. their employment relationship is not likely to be present in the holding (in particular in the field of external service, telework and homeworking), the documents referred to in paragraph 1 shall be preserved without the need for (3) The head of the holding of the holding of the ballot may have the written record of the Vote on voting

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for the holding, if the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and the remaining minority does not represent more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 46 Procedure in the vote

(1) Voting shall be made in such a way that the voter or voter

1.

the ballot papers are marked in a personal way and thus folded and closed in the associated electoral envelopes, that the ballot is only recognizable after the ballot papers have been folded apart;

2.

sign the pre-printed declaration, stating the place and date, and

3.

the election envelopes and the signed pre-printed statement in the envelope shall be closed and the ballot letter shall be sent to the head of the ballot box in good time or shall be handed over to the ballot box in time for the ballot to be submitted before the vote is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the vote shall record the vote separately in the voters ' list for each ballot, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 5
random down, notifications

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Section 47 Election

Once it has been determined who is elected, the head of the operating election shall set out in a minutes separately for each ballot:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

in the case of proportional representation, the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the nominations;

6.

in the case of a majority vote, the figures of the votes cast on the individual candidates;

7.

the names of the elected members of the Supervisory Board;

8.

the names of the replacement members elected for each member of the Supervisory Board;

9.

special incidents or other events that have occurred during the election.

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Section 48 Announcement of the results of the election, notification of the elected

(1) The Management Committee shall immediately disclose the results of the election and the names of the elected representatives for a period of two weeks. (2) At the same time, the Management Committee shall notify the elected person in writing of their choice and shall forward the Notice in accordance with paragraph 1 to the enterprise and to the trade unions represented in the enterprise. Unofficial table of contents

Section 49 Storage of the Wahlaked

The head of the company's electoral system hands over the electoral markets to the company. The company shall keep the electoral markets at least for a period of five years.

Chapter 3
Election of Supervisory Board members of employees by delegates

Section 1
Election of Delegates

Subsection 1
Delegate with Multiple Mandate

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§ 50 No choice of delegates after this subsection, if delegates with multiple mandate are elected in the company for the election of Supervisory Board members of other companies

(1) If the members of the Supervisory Board of the employees of the undertaking are to be elected by means of a delegate, the employees shall also take part in the election of the members of the Supervisory Board of employees of other companies by means of a delegate. and has decided, in accordance with Section 55 of the Third Electoral Regulations of the Co-Determination Act, that the delegates to be elected in the company for the election of the members of the Supervisory Board of another company shall also be the delegates elected in accordance with the Provisions of this section to be elected members of the Supervisory Board of employees , a selection of delegates shall not be held in accordance with the provisions of this Section. (2) The Management Electoral Officer shall issue a notice thereof. § 24 (3) and (4) shall apply. Unofficial table of contents

§ 51 Delegates who are also elected for the election of Supervisory Board members of other companies

If the employees of the company also take part in the election of the members of the Supervisory Board of the employees of other companies, the term of office of the members of the Supervisory Board of the other companies shall not begin later than twelve months. Months after the beginning of the term of office of the members of the Supervisory Board to be elected in accordance with the provisions of this Chapter, the Executive Board of Directors may decide that the delegates to be elected shall also be responsible for the election of the Supervisory Board members of the Supervisory Board. employees of other companies, provided that they are also represented by delegates to be selected. The decision may only be taken before the election letter is issued for the election of the delegates.

Subsection 2
Initiation of election

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Section 52 Invoice of the number of delegates

(1) The Chief Operating Officer shall calculate the number of delegates to be elected as well as their distribution to the employees referred to in § 3 (1) (1) of the Act and to the officers responsible. (2) To calculate the number of delegates, the number shall be calculated the electorate divided by 90. Partial figures shall be counted fully if they are at least half of the full number. (3) The calculation of the delegates to the employees and senior executives referred to in § 3 (1) (1) of the Act shall be carried out in accordance with the Principles of proportional representation. To this end, the figures of the employees referred to in § 3 (1) (1) of the Act and of the chief executives are placed side by side in a row, and both by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how delegates are to be selected. The employees referred to in § 3 (1) (1) of the Act and the senior executives are assigned as many delegates as they do not have the highest number of delegates. If the lowest possible maximum number is at the same time applicable to the employees referred to in Section 3 (1) (1) of the Act and the senior executives at the same time, the lot shall decide who the delegate is responsible for. (4) Erasm in accordance with the provisions of paragraph 3, for the employees referred to in Article 3 (1) (1) of the Law, or the executive staff more than

1.

25 delegates, the number of delegates to be elected shall be reduced to one half of the employees referred to in Article 3 (1) (1) of the Law, or half of the officers; these delegates shall receive two votes each;

2.

50 delegates, the number of delegates to be elected shall be reduced to one third of the employees referred to in Article 3 (1) (1) of the Act, or of the officers who are officers; these delegates shall receive three votes;

3.

75 delegates, the number of delegates to be elected shall be reduced to one quarter of the employees referred to in Article 3 (1) (1) of the Act, or of the officers who are officers; these delegates shall receive four votes;

4.

100 delegates, the number of delegates to be elected shall be reduced to one fifth of the employees referred to in Article 3 (1) (1) of the Act, or of the senior staff members, each of which shall receive five votes;

5.

125 delegates, the number of delegates to be elected shall be reduced to one-sixth of the employees referred to in section 3 (1) (1) of the Act, or of the senior staff members, and these delegates shall receive six votes;

6.

150 delegates, the number of delegates to be elected in Section 3 (1) (1) of the Law shall be reduced to one seventh; the delegates shall receive seven votes each.

Partial numbers shall be counted fully if they are at least half of the full number. (5) At least one delegate shall be omitted from the employees referred to in § 3 (1) (1) of the Act and the senior staff members shall not be subject to the following conditions: No more than five employees or executive employees designated in Section 3 (1) (1) of the Act are entitled to vote. In so far as the employees and the executive staff referred to in § 3 (1) (1) of the Act are not responsible for the number of delegates, the number of delegates shall be increased accordingly. Unofficial table of contents

Section 53 Election letters for the election of the delegates

(1) If it is established that the members of the Supervisory Board are to be elected by delegates, the Executive Board of the Management Board shall issue a letter of election for the election of the delegates. It must contain the following information:

1.

the date of its adoption;

2.

the members of the Supervisory Board are to be elected by delegates;

3.

whether the Executive Board of Management has decided in accordance with Section 51 that the delegates to be elected should also take part in the election of the members of the Supervisory Board of employees of other companies; the other companies must be disclosed;

4.

that only workers who are registered in the voters ' list can participate in the election and in voting;

5.

that the delegates are elected by all persons entitled to vote;

6.

the number of delegates to be elected, separated by delegates of the employees referred to in § 3 (1) (1) of the Law, and delegates of the senior executives;

7.

that nominations for the election of the delegates may be submitted in writing to the head of the holding of the works election within two weeks from the date of the ballot of the ballot; the last day of the deadline shall be stated;

8.

the minimum number of persons entitled to vote in Article 3 (1) (1) of the Act, of which an election proposal must be signed for delegates of the employees referred to in Section 3 (1) (1) of the Act;

9.

the minimum number of eligible senior executives, of whom an election proposal must be signed for delegates of senior executives;

10.

that the number of candidates in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot;

11.

the vote is subject to election proposals and that only those nominations which have been submitted within the time limits of the head of the election of the holding of the ballot box may be taken into consideration;

12.

that, if only a valid nomination is submitted for a ballot, so many of the candidates listed therein shall be deemed to be elected in the order indicated, as delegates elected in the ballot shall be elected;

13.

where and how voters can become aware of the election proposals;

14.

the place, day and time of the vote in favour of the election of the delegates;

15.

the place and the time of the public counting of votes;

16.

the indication of the possibility of the written vote as well as the operating parts and micro-entities, for the written vote in accordance with Section 63 (3) No. 1, and whether the written vote in accordance with § 63 (3) no. 2 has been decided ;

17.

that objections, requests, nominations for the election of delegates and any other statements to the head of the holding of the holding are to be made;

18.

the address of the operating election board.

Section 24 (3) and (4) shall apply mutas to the announcement of the ballot letter. (2) Election within the meaning of this Section shall be:

1.

the election of the delegates of the employees referred to in Section 3 (1) (1) of the Law,

2.

the election of the delegates of the senior executives.

Subsection 3
Nominations for Delegates

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Section 54 Submission of election proposals

(1) The election of the delegates may be made by elective nominations. Every nomination for delegates

1.

the worker referred to in Section 3 (1) (1) of the Act must be employed by a twentieth or 50 of the persons entitled to vote in Article 3 (1) (1) of the Law,

2.

the senior staff member must be of one-twentieth or 50 of the senior management staff

signed. Nominations shall be submitted in writing within two weeks of the adoption of the ballot letter for the election of the delegates to the head of the operating election. The number of applicants in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot. (2) In each nomination, the candidates are in recognizable order to be listed under serial number and with the name of surname, first name, date of birth and type of employment. The written consent of the candidates for inclusion in the nomination and their written assurance that they will accept the election in the event of their election shall be accompanied by. (3) For each nomination, one or one of the Signatories are referred to as the proposal representatives. It is entitled and obligated to make the declarations required for the elimination of complaints and to accept statements and decisions of the head of the business election board to the head of the company. If no representative has been expressly appointed, the person or persons who are signatories shall be regarded as the representative of the nomination. (4) The signature of a person entitled to vote shall be counted only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall declare, at the request of the Management Board, within a reasonable period of time, but no later than three working days, to declare the signature of the nominations. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations signed by the same person entitled to vote, at the same time as: (5) An applicant may be proposed only on an electoral proposal. If the name of this person is listed on a number of nominations with the written consent of that person (paragraph 2, second sentence), it shall, at the request of the electoral board of business, explain within three working days what application it shall: is maintained. If the declaration is not made on time, the applicant must be deleted on all nominations. Unofficial table of contents

Section 55 Examination of nominations

(1) The Board of Management shall confirm in writing to the proposed representative the date of the submission of the nomination. (2) The Executive Board shall designate the nomination if it is not provided with a password, with a surname and First name of the applicant named in the first place, or of the applicant named in the first place. He shall immediately examine the nomination of the nomination and, in the event of invalidity or complaint, shall inform the nomination representative in writing, stating the reasons for the nomination. Unofficial table of contents

§ 56 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted within the time limit,

2.

where the applicants are not listed in a recognizable order,

3.

which do not have the required number of signatures during the submission process.

(2) Electoral proposals,

1.

where the applicants are not referred to in the manner specified in Article 54 (2) sentence 1,

2.

which are not accompanied by the written consent and insurance of the applicants pursuant to section 54 (2) sentence 2,

3.

which, as a result of any deletions pursuant to Article 54 (4), no longer have the required number of signatures,

shall not be valid if the head of the holding has complain of them and the deficiencies have not been remedied within three working days of the complaint. Unofficial table of contents

§ 57 Grace period for election proposals

(1) If, at the end of the period specified for the submission of nominations for a ballot, a valid nomination is not submitted, the Management Committee shall immediately publish a notice and shall set a grace period of one week for the following: the submission of nominations. The notice shall contain the following information:

1.

the date of their adoption;

2.

a valid nomination has not been submitted for the ballot;

3.

Nominations may be submitted in writing to the head of the election of the holding of the ballot box within a period of grace of one week since the publication of the notice; the last day of the deadline shall be indicated.

(2) If a valid nomination is not submitted until the expiry of the grace period for a ballot, the Management Committee shall immediately disclose that the ballot does not take place. (3) For notices pursuant to paragraphs 1 and 2, § 24 (3) (3) shall be submitted. 3 and 4. Unofficial table of contents

Section 58 Announcement of election proposals

(1) If a number of nominations have been submitted for a ballot, the holding of the ballot box shall determine the order of the order numbers after the expiry of the periods referred to in § 54 (1) sentence 3, § 56 (2) and § 57 (1) sentence 1. the nominations submitted (nominations 1, 2, etc.). The nominees must be invited in due time to the decision. (2) By no later than two weeks before the first day of the vote, the head of the holding of the holding shall make the valid nominations, separated after ballots, in the same manner as the election letter for the election of the delegates. If there is only a valid nomination for a ballot, the holding electoral board shall indicate in the notice that so many of the candidates listed therein shall be deemed to be elected in the order indicated, as in the Ballot delegates must be elected.

Subsection 4
Election of delegates in one ballot on the basis of several election proposals

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Section 59 Voting, electoral process

(1) In the case of a ballot, a number of valid nominations shall be submitted, so that the voter may cast his or her vote only in respect of one of those nominations. The ballot paper is issued by issuing ballot papers. (2) The head of the holding of the holding has the nominations on the ballot papers according to the order of the order numbers as well as the number of candidates nominated in the first and second positions. To list candidates with family name, first name and type of employment; for election proposals that are provided with a password, the password is also to be specified. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers used for the same ballot shall all have the same size, colour, texture and inscription. The ballot papers used for a ballot must differ in colour from the ballot papers provided for the other ballots. (3) The voter identifies the nomination of the elector elected by her and the voter by crossing at the place provided for this purpose in the ballot paper. § § 16 and 17 are to be applied accordingly; the vote is to be recorded separately in the voters ' list for each ballot. (4) Invalidity are ballot papers,

1.

in which more than one nomination has been suggested,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 60 Public Voting Counting

(2) After the ballot box has been opened, the head of the ballot box shall remove the ballot papers and shall count the ballots for each ballot separately for each nomination. (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the votes are simply counted if they completely agree, otherwise they are invalid. (4) The use of voting machines is subject to § 20 (4). accordingly. Unofficial table of contents

Section 61 Determination of the elected

(1) The number of votes allocated to the individual nominations in the ballot shall be placed side by side in a row and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how delegates are to be elected in the ballot. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number of eligible candidates is not eligible for a number of nominations, the decision shall be taken to determine which nomination is to be submitted by that seat. (2) If an election proposal contains a total of fewer candidates, (3) The order of the candidates within the individual election proposals shall be determined by the order of the other nominations of the same ballot. (3) The order of the candidates shall be determined by the following nominations. by the order in which they were appointed.

Subsection 5
Identification of delegates in the event of only one election proposal for a ballot

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Section 62 Determination of delegates in the event of only one election proposal for a ballot

(1) If only a valid nomination is proposed for a ballot, so many of the candidates listed in the nomination shall be deemed to be elected in the order indicated in the nomination, as delegates in the ballot shall be elected. (2) The At the end of the election of the delegates, the head of election shall immediately determine which delegates shall be deemed to be elected pursuant to paragraph 1.

Subsection 6
Written vote

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Section 63 Conditions

(1) A person entitled to vote who, at the time of the election, is prevented from holding his/her vote due to absence from the holding, shall have the right to vote at his request.

1.

the electoral letter,

2.

for each ballot in which he is entitled to participate,

a)

election proposals,

b)

the ballot paper and the ballot,

3.

a pre-printed statement to be issued by the voter or voter, in which it is to be insured against the holding of the holding, that the ballot paper has been personally marked, and

4.

a major clearance which bears the address of the board of management and the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding should also hand out or send to the person entitled to vote a leaflet on the manner in which the written vote (§ 64 para. 1) is used. The head of the Management Committee shall record the handing out or transmission of the documents for each ballot separately in the voters ' list. (2) Electoral beneficiaries, of which the head of the holding is known, that at the time of the election, they shall be entitled according to the nature of the voting. their employment relationship is not likely to be present in the holding (in particular in the field of external service, telework and homeworking), the documents referred to in paragraph 1 shall be preserved without the need for (3) The head of the holding of the holding of the ballot may have the written record of the Vote on voting

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for the holding, if the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and the remaining minority does not represent more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 64 Procedure in the vote

(1) Voting shall be made in such a way that the voter or voter

1.

the ballot papers are marked in a personal way and thus folded and closed in the associated electoral envelopes, that the ballot is only recognizable after the ballot papers have been folded apart;

2.

sign the pre-printed declaration, stating the place and date, and

3.

the election envelopes and the signed pre-printed statement in the envelope shall be closed and the ballot letter shall be sent to the head of the ballot box in good time or shall be handed over to the ballot box in time for the ballot to be submitted before the vote is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the vote shall record the vote separately in the voters ' list for each ballot, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 7
random down, notifications

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Section 65 Election

Once it has been determined who is elected as a delegate, the head of the operating election shall set out in a minutes separately for each ballot:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the figures for the votes cast on the individual nominations, the calculated maximum figures and their distribution to the nominations;

6.

the nomination, of which candidates are considered elected (§ 62);

7.

for each nomination separately the names and addresses

a)

of the elected delegates,

b)

of the replacement delegates

in the order in which they were appointed;

8.

special incidents or other events that have occurred during the election.

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Section 66 Announcement of the results of the election, notification of the elected

(1) The head of the operating election shall immediately disclose the result of the election and the names of the elected representatives for a period of two weeks. (2) At the same time, the head of the operating election shall notify the elected person in writing of their choice. If the delegates have a multi-mandate pursuant to § 51, this shall be indicated in the notification.

Subsection 8
Exception

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Section 67 Exception

The provisions of subsections 1 to 7 shall not apply if, in accordance with the provisions of this Regulation or, under the conditions laid down in Article 50 (1), the provisions of the Third Electoral Regulations on the Codetermination Act Delegates have already been elected, whose term of office has not yet ended at the beginning of the term of office of the members of the Supervisory Board to be elected (Section 13 of the Act).

Section 2
Election of the members of the Supervisory Board of the employees by the delegates

Subsection 1
Delegates ' Meeting, List of Delegates

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Section 68 Assembly of Delegates

(1) The delegates shall elect the members of the Supervisory Board of the employees in a meeting (Assembly of Delegates). It will be headed by the head of the board of operations. (2) The head of the board of business shall determine the day of the Assembly of Delegates. It is to take place no later than four weeks after the election of the delegates. If no delegates are to be elected in the company (§ 50), the Assembly of Delegates shall take place no later than four weeks before the beginning of the term of office of the members of the Supervisory Board of the employees to be elected. Unofficial table of contents

§ 69 List of Delegates

(1) The Chief Operating Officer shall draw up a list of the delegates (list of delegates), separately according to delegates of the employees referred to in section 3 (1) (1) of the Act and of the chief executives. § 8 (1) sentence 2 and 3 and paragraph 5 shall apply accordingly. (2) After the name of each delegate, it shall be noted how many votes he has. (3) The inspection of the list of delegates, the law and this regulation shall be taken into account in the Delegate assembly to the conclusion of the vote. The list of delegates intended for inspection shall not include the dates of birth of the delegates. The inspection can be made possible by interpretation and by the use of information and communication technology available in the company. Unofficial table of contents

§ 70 Claims against the correctness of the list of delegates

(1) Claims against the correctness of the list of delegates may be filed before the ballot box has been submitted to the operating election board. (2) The operating electoral board shall decide immediately on objections under paragraph 1. If an objection is justified, the head of the operating election shall correct the list of delegates. The head of the board of business shall immediately inform the person who lodged the opposition. (3) Before the vote begins, the head of the operating election shall check the list of delegates for the correctness of the vote. Moreover, the list of delegates may be corrected or supplemented only in the event of writing errors, apparent inaccuracies or in the event of any objections filed in good time before the vote begins.

Subsection 2
Communication to the Delegates

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Section 71 Communication to the Delegates

(1) The Board of Management shall communicate to each delegate no later than two weeks before the day of the Assembly of Delegates:

1.

that only delegates who are registered in the list of delegates can participate in the election and in votes;

2.

that the participation in the list of delegates, the law and this regulation will be made possible in the Assembly of Delegates;

3.

that any objections to the correctness of the list of delegates may be lodged before the ballot box has been cast at the head of the holding of the holding;

4.

the members of the Supervisory Board shall be elected by all delegates;

5.

how many votes are to the delegate;

6.

that the vote is subject to election proposals;

7.

the place, day and time of the Assembly of Delegates and the public counting of votes;

8.

the address of the operating election board.

The notification shall be made in writing against the receipt of the notice of receipt or by registered letter. (2) The Management Committee shall send copies of the notification referred to in paragraph 1 to the enterprise and to the trade unions represented in the enterprise. (3) Member of the Executive Committee, the term of office of a delegate

1.

Through the establishment of the Office,

2.

by ending the employment of the delegate in the holding,

3.

by loss of eligibility

(§ 14 para. 2 sentence 1 of the Law) is terminated prematurely (§ 14 para. 2 sentence 1 of the law), he agrees to the substitute delegates (§ 14 para. 2 sentence 2 of the law) in the same way as the delegates. (4) Presents a delegate, that it is prevented, he shall communicate this to the head of the holding of the holding.

Subsection 3
Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals

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Section 72 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and a number of valid nominations are available for this ballot, the delegate may cast his vote only for one of those nominations. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. The concept of voting within the meaning of this section shall be determined in accordance with Article 25 (4) (2). The nominations for election shall have the nominations on the ballot papers in accordance with the order of the order numbers and also the first and second positions. to list the names of the candidates with their surname, first name and type of employment; the password must also be given in the case of election proposals which are provided with a password. The ballot paper is intended to contain the indication that the delegate can only tick an election proposal. Ballot papers used for the same ballot shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes if electoral envelopes are used. The ballot papers and ballot papers used for a ballot must be different from the ballot papers and ballots provided for the other ballots. (3) The delegate shall identify the nomination of the ballot paper and shall identify the ballot papers and envelopes in the ballot. (3) Nomination by ticking at the place provided for in the ballot. § § 16 and 17 are to be applied accordingly; the vote is to be recorded separately in the list of delegates for each ballot and for each vote. (4) Invalidity are ballot papers,

1.

in which more than one nomination has been suggested,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

(5) The Management Committee may decide to apply Article 16 (3) with the proviso that ballot papers shall be unfolded and cast into the ballot box in election envelopes if the intended procedure of counting of votes requires unfolded ballots. Unofficial table of contents

Section 73 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot box shall remove the ballot papers and shall count the ballots for each ballot separately for each nomination. (3) The validity of the ballot papers shall be considered in the case of the counting. If electoral envelopes are used and there are several marked ballot papers in an election envelope, they shall be counted in a simple manner if they are completely identical, otherwise they shall be invalid. (4) The use of voting machines shall apply to § 20. Paragraph 4 accordingly. Unofficial table of contents

Section 74 Determination of the elected

(1) The number of votes allocated to the individual nominations in the ballot shall be placed side by side in a row and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the Supervisory Board are to be elected in the election. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number of eligible candidates is not eligible for a number of nominations, the decision shall be taken to determine which nomination is to be submitted by that seat. (2) If an election proposal contains a total of fewer candidates, (3) The order of the candidates within the individual election proposals shall be determined by the order of the other nominations of the same ballot. (3) The order of the candidates shall be determined by the following nominations. by the order of their appointment. (4) With the election of a candidate or an applicant is the substitute member of the Supervisory Board listed in the nomination of the candidate in addition to the chosen candidate.

Subsection 4
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal

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Section 75 Voting, electoral process

(1) If several members of the Supervisory Board are to be elected in one ballot and only a valid nomination is available for this ballot, the delegate may only vote for the candidates listed in the nomination. Submit candidates. A separate vote for a substitute member of the Supervisory Board is not permitted. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. (2) The Executive Board of Management shall have the nominees on the ballot papers, stating the surname, first name and type of employment among themselves. of the order in which they are named in the nomination. The substitute member proposed for a candidate or candidate shall be listed on the ballot in addition to the applicant, and the first sentence shall be applied accordingly. The ballot papers shall contain the indication of how many applicants can tick the delegates. § 72 (2), third sentence, sentence 3 and 4 shall apply. (3) The delegate shall identify the persons elected by him by crossing at the points provided for this purpose in the ballot paper. He is not allowed to tick any more candidates than to vote for Supervisory Board members in the ballot. § 72 (3) sentence 2 shall apply accordingly. (4) Invalid shall be ballot papers,

1.

where more applicants have been recrued than to vote in the election of Supervisory Board members,

2.

out of which there is no clear will,

3.

which are provided with a special feature,

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

(5) § 72 (5) shall apply. Unofficial table of contents

Section 76 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot box shall accept the ballot papers and shall count the ballots for each ballot separately for each applicant's ballot. together with each candidate. Section 73 (3) shall apply. If an applicant has repeatedly been crossed on a ballot, this counts as one vote. (3) In the case of the use of voting machines, Section 20 (4) applies accordingly. Unofficial table of contents

Section 77 Determination of the elected

So many applicants are elected, as in the election of the Supervisory Board members to vote, according to the order of the number of votes that fall on them. In the event of a tie, the lot shall decide. Section 74 (4) shall apply.

Subsection 5
Election of only one member of the Supervisory Board of the employees in one ballot

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Section 78 Election of only one member of the Supervisory Board of the employees in one ballot

(1) If only one member of the Supervisory Board of the employees is to be elected in one ballot, the delegate may cast his vote only for one of the proposed candidates or one of the proposed candidates. Section 75 (1) sentences 2 to 4 shall apply. (2) If only a valid nomination is proposed, the head of the holding of the ballot box shall have the candidates on the ballot papers with the surname, first name and type of employment among themselves in the ballot papers. of the order in which they are named in the nomination. In the case of a number of valid nominations, the Board of Management has the choice of candidates on the ballot papers, including the surname, first name, type of employment and the password of the nomination, in alphabetical order of the Order. § 75 para. 2 sentence 2 and 3 shall apply. (3) The delegate shall identify the applicant elected by him or the applicant elected by him by crossing at the place provided for this purpose in the ballot paper. It must not tick more than one applicant or one applicant. § 72 (3) sentence 2 and (5), § 75 (4) and § § 76 and 77 are to be applied.

Subsection 6
Election Address; Notifications

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Section 79 Election

Once it has been determined who is elected, the head of the operating election shall set out in a minutes separately for each ballot:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

in the case of proportional representation, the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the nominations;

6.

in the case of a majority vote, the figures of the votes cast on the individual candidates;

7.

the names of the elected members of the Supervisory Board;

8.

the names of the replacement members elected for each member of the Supervisory Board;

9.

special incidents or other events that have occurred during the election.

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Section 80 Announcement of the results of the election, notification of the elected

(1) The Board of Management shall announce the result of the election and the names of the elected representatives in the Assembly of Delegates. He makes the election result and the names of the elected persons known immediately for the duration of two weeks in operation. (2) At the same time the operating member of the Management Committee shall notify the elected in writing of their choice and shall forward the notice to (1) to the enterprise and to the trade unions represented in the enterprise. Unofficial table of contents

Section 81 Storage of the electoral markets

The head of the company's electoral system hands over the electoral markets to the company. The company shall keep the electoral markets at least for a period of five years.

Part 2
Dismise of Supervisory Board members of employees

Chapter 1
Common rules

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Section 82 Introduction of the appeal proceedings

(1) An application for the dismise of a member of the Supervisory Board of the employees pursuant to Section 23 (1) of the Act shall be submitted in writing to the works council. (2) immediately after receipt of an application for a dismise, the operating electoral board shall be formed, it shall be (3) For the tasks, the formation, the composition and the management of the Executive Board of the Management Board are the § § 3 to 7 , the communication pursuant to § 6 shall also apply to the content of the application for dismise . The company has to hand over to the Board of Management Board members the electoral markets which have arisen in connection with the election of the member of the Supervisory Board, whose dismise is requested. Unofficial table of contents

Section 83 List of employees entitled to the contract

If a member of the Supervisory Board of the employees is requested to be convened, a list of the persons entitled to vote shall be drawn up immediately after the formation of the Executive Board of Directors, pursuant to Section 23 (1) sentence 2 of the Act for the convening of this Supervisory Board member is entitled to apply. § § 8 to 11 are to be applied accordingly; the announcement according to § 9 para. 2 and 3 must also contain the content of the application for dismise. Unofficial table of contents

Section 84 Examination of the application for dismise

(1) The Management Committee of the Management Committee shall immediately examine the validity of the application for a dismise after the expiry of the period specified in § 83 sentence 2, section 10 (1). If, according to § 83 sentence 2, § 10 para. 1, the change of the list of employees entitled to the contract has been requested, the operating electoral board shall examine the validity of the application without delay after the expiry of the sentence in § 83 sentence 2, § 10 para. 2 (2) If an application is invalid, the head of the Management Committee shall inform the application representative or, if such a request is not, of the first signatory or, in the first place, of the signatory. The head of the operating election shall make known the communication for a period of two weeks. Unofficial table of contents

Section 85 Applicable Provisions

(1) If a valid application is present, the holding of the holding of the holding of the Supervisory Board shall establish whether the Supervisory Board member, whose dismise is requested, has been elected by direct election or by a delegate. (2) If the member of the Supervisory Board is a member of the Supervisory Board, the chairman of the Supervisory Board shall be responsible for the appointment of the Supervisory Board. (3) If the member of the Supervisory Board who is requested to be convened has been elected by a delegate, the appointment of the Supervisory Board member shall be subject to the following conditions: the further recovery procedure in accordance with the provisions of Chapter 3.

Chapter 2
Vote on the convening of a member of the Supervisory Board elected by direct election

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Section 86 Abortion Letters, Voter List

(1) The head of the operating election shall immediately issue a letter of appointment. The vote is due to take place within four weeks since the end of the appeal letter. (2) The letter of appointment must contain the following information:

1.

the date of its adoption;

2.

the content of the application;

3.

the name of the applicant;

4.

the number of workers who have signed the application;

5.

that only workers who are registered in the voters ' list can participate in the vote;

6.

the decision on the convening of a majority of three-quarters of the votes cast shall be required;

7.

the place, day and time of the vote and the public counting of votes;

8.

the indication of the possibility of the written vote as well as the operating parts and micro-enterprises for the written vote in accordance with section 87 (1) in conjunction with § 18 (3) No. 1 is decided and whether the written vote in accordance with § 87 1 in conjunction with Article 18 (3) (2) has been decided;

9.

where and how the voting rights can be seen from the voters ' list, the law and this regulation;

10.

that objections and other declarations are to be made to the head of the works election;

11.

the address of the operating election board.

Section 24 (3) and (4) shall apply mutas to the publication of the letter of appeal. (3) A list of the persons entitled to vote (voters ' list) shall be drawn up without delay for the dismissive. § § 8, 9 and 11 are to be applied accordingly with the proviso that, by way of derogation from § 8 (1) sentence 1, a separation of the voter list is not required. Unofficial table of contents

Section 87 Voting, voting record, files

(1) For the vote, § § 16 to 21 shall apply. (2) The operating election committee shall transmit the voting result in writing

1.

the member of the Supervisory Board who has been appointed to the convening of the Supervisory Board,

2.

the trade union which has submitted a request for a dismise (Article 23 (1) sentence 2 (3) of the Law),

3.

the enterprise

and it shall make it known for the duration of two weeks in the same way as the letter of revocation. (3) The files resulting from a request for convocation shall be subject to Section 49 accordingly.

Chapter 3
Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate

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§ 88 List of Delegates

The board of management shall immediately draw up a list of the delegates (list of delegates) for the convening of the convocation. § 8 (1) sentence 2 and 3, para. 3 and 5, § 69 (2) and (3) and § 70 are to be applied accordingly. Unofficial table of contents

Section 89 Assembly of Delegates, Communication of the Board of Management to the Delegates

(1) The delegates shall vote on the request for convening in a Assembly (Assembly of Delegates). The Assembly of Delegates shall take place within six weeks of the finding that a valid application for the dismise of a member of the Supervisory Board elected by a delegate is present. (2) The Board of Directors shall convene the Executive Board of Directors the delegates in writing against receiving a notice of receipt or by registered letter to the Assembly of Delegates; § 71 (2) to (4) shall apply accordingly. The communication according to the first sentence shall be sent to the delegates not later than two weeks before the Assembly of Delegates. (3) The communication shall contain the following information:

1.

the content of the application;

2.

the name of the applicant;

3.

the number of workers who have signed the request for a dismise;

4.

that only delegates who are registered in the list of delegates can participate in the vote;

5.

that the participation in the list of delegates, the law and this regulation will be made possible in the Assembly of Delegates;

6.

that any objections to the correctness of the list of delegates may be lodged before the ballot box has been cast at the head of the holding of the holding;

7.

the decision on the convening of a majority of three-quarters of the votes cast shall be required;

8.

how many votes are to the delegate;

9.

the place, day and time of the Assembly of Delegates and the public counting of votes;

10.

the address of the operating election board.

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Section 90 Voting, voting record, files

§ § 15, 16, 17, 20, 21 and 72 (1) sentence 3 and 4, section 2 sentence 3 and section 5, as well as sections 73, 80 and 87 (2) and (3) shall apply mutas to the vote, the result of the vote and the retention of the files.

Chapter 4
Spare Members

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§ 91 Spare Members

The provisions of Chapters 1 to 3 shall apply mutatily to the convening of replacement members (Section 23 (4) of the Act).

Part 3
Transitional and final provisions

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Section 92 First-time application of the law to a company

(1) When the law is applied for the first time to a company, the company shall immediately notify the announcement of the composition of the Supervisory Board, referred to in Article 97 (1) of the German Stock Corporation Act, of the notice referred to in § 2 of the German Stock Corporation Act. (2) The Management Committee shall be established without delay in accordance with the notice referred to in § 2. The voters ' list shall be drawn up immediately after the formation of the operating election board; § § 8 to 11 shall apply. (3) By way of derogation from § 12 (1) sentence 1 and 2, the operating election board shall be entitled to the notices referred to in § § 12, 24 and 28 of this article. 15 weeks prior to the expected start of the term of office of the members of the Supervisory Board to be elected. Unofficial table of contents

Section 93 Calculation of time limits

In order to calculate the time limits laid down in this Regulation, Articles 186 to 193 of the Civil Code shall be applied accordingly. Working days for the purposes of this Regulation are the days of the week from Monday to Friday, with the exception of the public holidays. Unofficial table of contents

Section 94 Transitional regime

The provisions of the First Electoral Regulations on the Codetermination Act of 23 June 1977 (BGBl I) shall apply to elections or revocations initiated before 1 June 2002. 861), as amended by Article 1 of the Regulation of 9 November 1990 (BGBl I). 2487), even after their expiry in accordance with Section 40 (2) of the Codetermination Act of 4 May 1976 (BGBl. 1153), as last amended by Article 1 of the Law of 23 March 2002 (BGBl I). 1130). Unofficial table of contents

Section 95 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery.