Second electoral system to the Codetermination Act (2. WOMitbestG)

Unofficial table of contents

2. WOMitbestG

Date of completion: 27.05.2002

Full quote:

" Second electoral system on the Codetermination Act of 27 May 2002 (BGBl. 1708), as defined by Article 2 of the Regulation of 10 June 2000. October 2005 (BGBl. 2927).

Status:

Amended by Art. 2 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							Election Projections
§ 4							Composition of the Management Board
§ 5							Composition of the operating election board
§ 6							Notification duty
§ 7							Management of electoral boards
§ 8							Select List
§ 9							Announcement on the formation of the electoral board and the voters ' list
§ 10							Request for Change
§ 11							Submission of the voters ' list
§ 12							Objections to the correctness of the voter list
				Section 2
					Vote on the nature of the election
§ 13							Notice
§ 14							Request for vote
§ 15							Vote Letters
§ 16							Voting
§ 17							Reconciliation
§ 18							Use of voting machines
§ 19							Conditions for the written vote
§ 20							Procedure for voting in writing
Section 21							Public Vote Counting
Section 22							Voting document of the Board of Management
Section 23							Determination of the result of the vote, the voting record of the Board of Management
§ 24							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 25							Distribution of seats of members of the Supervisory Board of employees
						Subsection 2
							Nominations
Section 26							Notice on the submission of nominations
§ 27							Nominations of the employees referred to in Article 3 (1) (1) of the Act
§ 28							Nominations of the trade unions
§ 29							Election proposals for replacement members
						Subsection 3
							Additional provisions for the election proposal of senior executives
§ 30							Notice of vote in favour of the election proposal of senior executives
Section 31							Suggestions for voting by senior executives
Section 32							Coordination of senior executives
§ 33							Explanation of vote
						Subsection 4
							Examination and publication of nominations
Section 34							Examination of nominations
§ 35							Invalid election proposals
§ 36							Grace period for election proposals
Section 37							Announcement of nominations
				Section 4
					Rules to be applied
§ 38							Rules to be applied
		Chapter 2
			Direct election of the members of the Supervisory Board of the employees
				Section 1
					Select Letter
§ 39							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
§ 40							Voting, electoral process
Section 41							Public Vote Counting
§ 42							Electoral document of the operating election board
Section 43							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 44							Voting, electoral process
§ 45							Public Vote Counting
Section 46							Electoral document of the operating election board
§ 47							Determination of the elected
						Subsection 3
							Election of only one member of the Supervisory Board of the employees in one ballot
§ 48							Election of only one member of the Supervisory Board of the employees in one ballot
						Subsection 4
							Written vote
§ 49							Requirements
§ 50							Voting procedure
						Subsection 5
							random down, notifications
Section 51							Electoral Address
Section 52							Announcement of the results of the election, notification of the elected
Section 53							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
§ 54							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
§ 55							Delegates elected at the same time for the election of Supervisory Board members of other companies
						Subsection 2
							Initiation of election
§ 56							Calculation of the number of delegates
Section 57							Assignment of workers to other companies
Section 58							Announcements by the Board of Management
§ 59							Ballot letter for the election of the delegates
						Subsection 3
							Nominations for Delegates
§ 60							Submission of election proposals
Section 61							Examination of nominations
Section 62							Invalid election proposals
§ 63							Grace period for election proposals
Section 64							Announcement of nominations
						Subsection 4
							Election of delegates in one ballot on the basis of several election proposals
Section 65							Voting, electoral process
Section 66							Public Vote Counting
Section 67							Determination of the elected
						Subsection 5
							Identification of delegates in the event of only one election proposal for a ballot
Section 68							Identification of delegates in the event of only one election proposal for a ballot
						Subsection 6
							Written vote
Section 69							Requirements
Section 70							Voting procedure
						Subsection 7
							random down, notifications
Section 71							Electoral Address
Section 72							Announcement of the results of the election, notification of the elected
						Subsection 8
							Exception
Section 73							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 74							Delegates ' Meeting
§ 75							Delegate List
Section 76							Objections to the correctness of the list of delegates
						Subsection 2
							Communication to the Delegates
Section 77							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 78							Voting, electoral process
§ 79							Public Vote Counting
§ 80							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
§ 81							Voting, electoral process
Section 82							Public Vote Counting
Section 83							Determination of the elected
						Subsection 5
							Election of only one member of the Supervisory Board of the employees in one ballot
Section 84							Election of only one member of the Supervisory Board of the employees in one ballot
						Subsection 6
							random down, notifications
§ 85							Electoral Address
§ 86							Announcement of the results of the election, notification of the elected
Section 87							Storage of the Wahlaked
Part 2
	Dismise of Supervisory Board members of employees
		Chapter 1
			Common rules
Section 88							Initiation of the appointment procedure
§ 89							List of employees entitled to the contract
§ 90							Examination of the application for convening
Section 91							Rules to be applied
		Chapter 2
			Vote on the convening of a member of the Supervisory Board elected by direct election
§ 92							Revocations, voter list
Section 93							Vote, Voting record, Files
		Chapter 3
			Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate
Section 94							Delegate List
§ 95							Delegates ' Meeting, Communication of the Management Board to the Delegates
§ 96							Vote, Voting record, Files
		Chapter 4
			Spare Members
Section 97							Spare Members
Part 3
	Special provisions for the election and dismise of the members of the Supervisory Board of employees in the event of the participation of employees of a maritime operation
		Chapter 1
			Election of members of the Supervisory Board of employees
				Section 1
					Introduction of the election, vote on the nature of the election, election proposals
Section 98							Initiation of election
§ 99							Vote on the nature of the election
§ 100							Notice on the submission of nominations
§ 101							Additional provisions for the election proposal of senior executives
				Section 2
					Direct election of the members of the Supervisory Board of the employees
Section 102							Letter of election in the maritime sector
Section 103							Voting in the election of the members of the Supervisory Board of the employees
				Section 3
					Election of Supervisory Board members of employees by delegates
Section 104							Election of Delegates
Section 105							Letter of election in the maritime sector
Section 106							Voting rights of workers in the maritime sector
Section 107							Electoral Address
		Chapter 2
			Dismise of the members of the Supervisory Board of the employees
				Section 1
					Common provision
Section 108							Common provision
				Section 2
					Vote on the convening of a member of the Supervisory Board elected by direct election
§ 109							Letter of revocations for the sea operation, voter list
§ 110							Voting
				Section 3
					Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate
Section 111							Direct vote, voter list, communication to delegates
Section 112							Letter of revocations in the maritime sector
Section 113							Vote, Communication of the vote
Part 4
	Transitional and final provisions
Section 114							First-time application of the law to a company
§ 115							Calculation of deadlines
Section 116							Transitional arrangements
Section 117							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 composed of several establishments, the election and the dismise of the members of the Supervisory Board of the employees shall be determined. of this undertaking 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 dismissiation of members of the Supervisory Board of employees shall be determined in accordance with the provisions of Part 2. (4) Take the right to elect or to discontinue the appointment. Employees of a holding referred to in Article 34 (1) of the Law In addition, the provisions of Part 3 shall apply.

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 23 weeks before the expected start of the term of office of the members of the Supervisory Board to be elected, the Company shall announce that members of the Supervisory Board are to be elected to the employees. 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 addresses of the companies of the company. The addresses of the holdings of the undertaking may be omitted, provided that the addresses have already been disclosed in the case referred to in the third sentence of paragraph 1;

4.

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 (§ § 54, 55), 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. 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 the Operating the company and using the company's existing information and 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 is published, the company shall send a copy of the notice.

1.

the General Works Council and the General Spokesperson Committee (Committee Spokesman's Committee),

2.

the works councils and the spokespersons ' committees,

3.

the trade unions represented in the company;

4.

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 Electoral members

(1) 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 company. (2) In the individual establishments, the election is carried out on behalf of and in accordance with the guidelines of the Management Board of Management (3) Electoral members shall be formed immediately after the notice referred to in § 2. The sexes are to be represented according to their numerical ratio. Unofficial table of contents

§ 4 Composition of the Management Board

(1) The Management Board shall consist of three members. The General Works Council may increase the number of members if this is necessary for the proper implementation of the election. The head of the board of directors must consist of an odd number of members. Members of the Management Board of the Management Board may only be entitled to vote of the company. (2) In the Management Board of the Company, the employees and the executive employees referred to in Section 3 (1) sentence 1 of the Act shall be appropriately represented. The head of the board of directors must include at least one senior employee if at least five eligible senior employees are employed in the enterprise. (3) For each member of the head of the board of directors, the executive board may be entitled to (4) The General Works Council shall appoint the members of the Management Board of the Management Board who are employees referred to in Section 3 (1) (1) of the Act. If there is no General Works Council, these members shall be members of the Management Board

1.

appointed by the works council of the largest holding in which an works council exists, or,

2.

where there is no establishment in any holding, elected by a majority of the votes cast, in a meeting of the employees referred to in Article 3 (1) (1) of the law, of the largest holding according to the number of eligible voters.

If there is also a representation established by collective agreement in accordance with Section 117 (2) sentence 1 of the German Works Constitution Act for employees engaged in flight operations, the order shall be placed together with that representation. (5) The The overall research committee (Company Spokesperson Committee) appoints the members of the Executive Board of the Management Board who are responsible for the management of the executive staff. If there is no overall spokesperson's committee (Business Spokesperson Committee), these members of the Executive Board of the Management Board shall be

1.

appointed by the Spokesperson's Committee on the largest holding in which a spokesperson's committee exists, according to the number of senior management employees,

2.

if a spokesperson's committee is not in operation, elected by a majority of the votes cast in a meeting of the chief executives of the largest holding in accordance with the number of senior management employees.

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§ 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 executive staff of the establishment. (6) More than 45 persons entitled to vote within two weeks after the notice referred to in § 2 of this Regulation do not form an operating electoral officer, the head of the Management Committee shall, for that establishment, instructs the head of business of another establishment of the holding of the holding of the holding of the holding Company with the performance of the tasks of the operating electoral board. The head of the operating election officer may decide that, in the holding for which no head of the holding has been established, the vote shall be made in writing in the votes and elections referred to in Chapters 1 and 2. In the case of the second sentence, the persons entitled to vote in this establishment shall receive the documents referred to in Article 19 (1) for the written vote, without the need for a request; the letters referred to in § § 15 and 39 shall be the following: Information to be added:

1.

that the written vote is adopted for the holding;

2.

the date by which the ballot letters must be received by the operating election board.

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§ 6 obligation to provide information

(1) The head of the board of directors shall immediately inform the company, the trade unions represented in the enterprise, and the holdings selection board in writing of the names of its members and its address. (2) Each As soon as it has been formed, the Executive Board of the Management Board shall inform the Management Board of the Management Board in writing of the names of its members and its address. Unofficial table of contents

§ 7 Management of electoral boards

(1) Each electoral board shall elect a chairperson or a chairman and at least one deputy or deputy. (2) The electoral board may have a written order of procedure. The head of the board of directors may select the company's voting rights, the head of the company's board of directors may draw up a support for the holding of the holding as election assistant. (3) The electoral board shall take its decisions with the simple majority of votes of its members. A minutes shall be recorded at each meeting of the electoral board, which shall contain at least the text of the decisions; in the case of decisions taken by the head of management on the registration of workers in the electoral list, as in § Article 3 (1) (1) of the Act, or as a leading employee, must also be noted in the minutes of whether they have been taken without a vote against. Members of the electoral board, against whose votes a decision has been taken, may require that their deviating opinion be noted in the transcript. The minutes shall be signed by the chairman or the chairman and another member of the electoral board; this shall also apply to notices, letters of writing and further minutes of the electoral board. (4) Notices of the electoral board can be carried out by means of a curtain and by using the 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 can be informed of the notice and arrangements have been made to ensure that only the electoral executive has made changes to the (5) The company has to assist the electoral board in the performance of its tasks and to provide them with the necessary business needs. (6) The electoral board is to ensure that foreign nationals are in the process of being able to workers who are not proficient in the German language, 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 set up by using the information and communication technology available in the company if arrangements are made to allow only the electoral board to make changes in the voter list. (2) Each member the Chief Operating Officer shall be obliged to ensure that the persons entitled to vote in the voters ' list are classified as appropriate in the employees according to § 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. If the head of the Management Committee has taken exclusively decisions without a vote in this respect, § 10 shall not apply. (3) The company shall provide the operating election board with all the information necessary for the preparation of the voters ' list and to make the necessary documents available. It has to support the operating electoral board in particular in the division into employees according to § 3 paragraph 1 no. 1 of the law and senior employees. (4) The operating election board rectifies or supplements the voter list immediately 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 electoral board and the electoral 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 can be made possible by design at a suitable point in the operation and by the use of the information and communication technology available in the company. (2) The Board of Management Board of Management simultaneously makes the possible use of the The names of its members and his address and the address of the Executive Board of the Management Board 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

Section 11 Send voter list

(1) The Management Committee shall immediately send a copy of the voters ' list to the Management Committee after the end of the period specified in section 10 (1) and inform it of the figures of the generally employed in the holding in Section 3 (1) No. 1 of the Employees and senior executives. If the change in the voters ' list has been requested in accordance with Section 10 (1), the consignment shall be sent immediately after the expiry of the period specified in § 10 para. 2 sentence 2. (2) The operating election board shall report corrections and additions to the voter list to the Head of the Management Committee immediately with. Unofficial table of contents

§ 12 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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§ 13 Notice

(1) In a company with as a rule not more than 8,000 employees, the head of the board of directors shall issue a notice immediately after the voters ' lists have been sent. The notice shall contain the following information:

1.

the date specified for the contract notice;

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 be submitted in writing to the head of the election of the head of business only within two weeks from the date specified for 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 Management 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 paragraph 1. It shall contain the following information:

1.

the date specified for the contract notice;

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 be submitted in writing to the head of the election of the head of business only within two weeks from the date specified for 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 Management 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 yet been completed at the beginning of the term of office of the members of the Supervisory Board to be elected. (3) The The Management Committee shall send the contract notice to the operating election directors and shall inform them in writing of the date from which the contract notice must be made in the establishments. The contract notice shall be published by the operating election officer until the announcement of the voter's letter of voting in accordance with § 39 or § 59. The head of the Management Committee shall, on the notice of notice, mark the first and last day of that 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 14 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 13 (1) sentence 3 are available, paragraph 2 shall apply. (2) In a company with as a rule more than 8,000 workers, a request for a vote may be taken to ensure that 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 § 13 (2) sentence 3 are available. (3) A request for a vote shall be submitted within two weeks since in writing to the date specified for the contract notice pursuant to section 13 To submit the Management Committee's Management Committee. A request 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 Management Committee shall inform the application representative or, if an application is not named, of the one or the first signatory to the applicant in writing. Unofficial table of contents

Section 15 Voting Letter

(1) If there is a valid application in accordance with § 14, the Management Committee shall issue a voting letter without delay. The vote shall take place within two weeks from the date on which the vote was announced. (2) The record of voting shall contain the following information:

1.

the date specified for the contract notice;

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 day or days of the vote.

(3) The Company Elder Management Committee shall send the ballot letter to the operating election directors and inform them in writing of the date from which the letter of voting shall be made known in the establishments. Each member of the Management Committee shall add the following information to the voting record:

1.

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

2.

an indication of the possibility of the written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 19 (3) of this decision;

3.

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

4.

the address of the operating election board.

(4) The Member of the Management Committee shall announce the right to vote until the end of the vote, and shall record the first and last day of the notice on the date of the vote. Section 13 (4) shall apply accordingly. Unofficial table of contents

Section 16 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 ballot must all have the same size, colour, texture and inscription. (2) The head of the company shall send the ballot papers in time to the holding ballot boards. (3) ballot papers, which shall be held with a special features, or from which a clear will does not result, or which contain the particulars referred to in paragraph 1, an addition or any other modifications, shall be invalid. Unofficial table of contents

Section 17 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 inform the Electoral Council. Persons applying to the election, members of the electoral board, and election helpers 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 the counting of votes is not immediately after the vote has been completed, the head of the holding of the holding shall have the right to vote in favour of the In the meantime, close and store the ballot box in such a way as to make it impossible to insert or remove ballot papers without damaging 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

§ 18 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. § 17 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 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 Executive Board and the management board have been reached. Unofficial table of contents

Section 19 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 establishments in which the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and in which the remaining minority does not constitute more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. (4) The head of the Management Committee shall, on request, send the holding of the holding of the ballot to the holding of the ballot box for the written vote, as referred to in paragraph 1. Unofficial table of contents

Section 20 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 shall be marked in person and thus folded and closed in the corresponding electoral envelope in such a way that the ballot shall only be recognisable 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 ballots in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters shall be received by the head of the holding of the holding of the ballot box, with a note on the date of receipt, unopened 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 21 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 ballot papers are simply counted if they are completely identical, otherwise they are invalid. (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 22 Voting of the Board of Management

(1) According to the counting of the votes, the head of the operating election shall establish in a transcript:

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.

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

(2) The operating election board shall immediately transmit the voting document to the head of the company election, by telex or by Botin or messenger. Unofficial table of contents

Section 23 Determination of the result of the vote, voting record of the board of directors

The head of the Management Committee shall determine the result of the vote on the basis of the voting record of the members of the holding voting system and 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 24 Announcement of the result of the vote

The head of the company election shall transmit the result of the vote to the holding of the election. Each Member of the Management Committee 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 25 Distribution of the seats of the members of the Supervisory Board of the employees

(1) The Management Board of the Management Board shall determine the distribution of the seats of the members of the Supervisory Board of the employees to the employees referred to in section 3 (1) (1) of the Act and the senior executives. (2) The The members of the Supervisory Board, who are members of the Supervisory Board who are responsible for the employees referred to in § 3 (1) (1) of the Act and the officers responsible for the management, shall be calculated in accordance with the principles 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 26 Announcement of the submission of election proposals

(1) At the same time, the Board of Directors of the Management Board shall publish a notice on the submission of nominations for the election of the members of the Supervisory Board of the employees by means of the notice pursuant to section 13 of this article. The notice shall contain the following information:

1.

the date specified for the contract notice;

2.

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;

3.

Election proposals for the election of members of the Supervisory Board of the employees of the Management Board within six weeks since the date specified for the contract notice may be submitted in writing; the last day of the period shall be indicate;

4.

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;

5.

the election proposal of the senior executives shall be drawn up by secret ballot on the basis of voting proposals by decision of the eligible officers, and that a separate notice shall be adopted hereafter;

6.

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;

7.

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;

8.

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;

9.

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;

10.

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

11.

the address of the Management Board.

(2) The Management Committee may summarize the notices referred to in paragraph 1 and section 13 in a notice. (3) The Management Committee shall send the notice to the operating election directors and shall inform them in writing of the date of publication. , from which it is to be made known in the establishments. Each member of the Management Committee shall supplement the notice with the following information:

1.

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

2.

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

3.

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

4.

the address of the operating election board.

(4) The Executive Board of Management shall disclose the notice until the election of the members of the Supervisory Board is concluded. (5) The Management Committee shall send the notice of notice immediately after its adoption to the enterprise and to the undertakings represented in the enterprise. Unions. Unofficial table of contents

Section 27 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 from the date of the publication of the nominations for 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. be high as the number of Supervisory Board members to be elected in this ballot. (4) the ballot referred to in this Chapter shall be:

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, applicants must be listed in a recognizable order with consecutive numbers and with the name of surname, first name, date of birth, type of employment and operation. 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. This is entitled and obligated to make the declarations required for the elimination of complaints to the Board of Management Board members, as well as to accept statements and decisions of the Management Board. 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, at the request of the Board of Management of the Management Board, declare within a reasonable time, but no later than within a week, which signature he/she shall maintain. 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 (paragraph 5, second sentence), it shall, at the request of the Board of Management of the Management Board, explain within a week the application which it is to apply. If the declaration is not made on time, the applicant must be deleted on all nominations. Unofficial table of contents

Section 28 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 27 (2), (4), (5) and (8) shall apply accordingly. If only one nomination is submitted, the number of candidates must be at least twice as high as the number of representatives to be elected by trade unions. (3) § 27 (6) shall apply 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 29 Electoral 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. (2) Each proposed substitute member shall be listed in the nomination proposal, stating the surname, first name, date of birth, type of employment and establishment, in addition to the applicant, or the applicant for which: or for which it is proposed 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 27 (5) sentence 2 shall apply accordingly.

Subsection 3
Additional provisions for the election proposal of senior executives

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Section 30 Announcement of the vote on the nomination of senior executives

(1) At the same time as the announcement according to section 13 of the contract notice, the head of the company shall publish a notice on the voting for the nomination of the executive employees. The notice shall contain the following information:

1.

the date specified for the contract notice;

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 they should 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 head office of the head office;

10.

the address of the Management Board;

11.

that the chief executives vote in postal ballot;

12.

the date by which the ballot letters must be received by the head of the board of directors.

(2) The Management Committee may summarize the notices referred to in paragraph 1, § 13 and § 26 in a notice. (3) The Management Committee shall send the notice to the operating election directors and inform them in writing of the notices. The date from which it is to be made known in the establishments. Each Management Committee shall supplement the notice to indicate where or how the persons entitled to vote may be aware of the voting proposals. (4) Article 26 (4) and (5) shall apply accordingly. Unofficial table of contents

Section 31 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 to the Management Committee within a time limit to be determined by the head of the company's electoral system. The deadline is to be two weeks. It begins with the date specified for the announcement according to § 30. (2) In each voting proposal, a senior employee can be proposed as a substitute member of the Supervisory Board for each applicant. § 29 (1) sentences 3 to 5 shall apply accordingly. (3) In each proposal for voting the applicant shall be in recognizable order with serial number and with the indication of surname, first name, date of birth, type of Employment and operation. 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 to the substitute members accordingly. (4) The head of the board of directors shall examine the voting proposals. He shall immediately send the nominations for election to the holding of the election of the company. Each member of the holding of the holding shall make it known up to the day from which the result of the vote is made known in the holding pursuant to § 32 (9) sentence 2; § 26 (4) shall apply accordingly. (5) After the expiry of the period referred to in paragraph 1 no valid voting proposal has been submitted, it shall immediately inform the holding of the election of the holding of the election of the holding of the election. Each Member of the Management Committee shall communicate this communication in the same way as voting proposals and, having regard to the forthcoming expiry of the time limit laid down for the submission of nominations, shall again ask for proposals to be made . Unofficial table of contents

Section 32 Voting of senior executives

(1) The Chief Executive Officer shall determine the day of the voting of the senior executives in such a way that the nomination of the executive employees has been received no later than eight weeks since the date specified for the contract notice pursuant to Article 26. (2) Each As a whole, voting rights can tick as many applicants as the election proposal of the senior staff as a whole must include applicants. A separate vote for a substitute member of the Supervisory Board is not allowed. (3) The Board of Directors has the candidates on the ballot papers with the name of the surname, first name, type of employment and operation to each other 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; the same shall apply to the ballot envelopes. (4) The voting person shall identify the person chosen by her by crossing the ballot in the ballot paper for this purpose. provided for. 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 employees shall be carried out by the Chief Executive Officer. The voting proposals shall be made by the executive officers in postal ballot. § § 17, 19 and 20 are to be applied accordingly, unless otherwise specified in the following, in writing. (6) Immediately after the date on which the election letters have to be received by the head of the head of the company election, the The head of the company election publicly announced the votes. After the ballot box has been opened, the ballot papers shall be removed from the ballot papers and shall be counted among the votes cast on each applicant and each candidate. The validity of the ballot papers shall be considered. If there are more than one marked ballot papers in an envelope, they will be counted simply if they are completely identical, otherwise they will be invalid. If a candidate has crossed a number of candidates on a ballot paper on several occasions, this counts as one vote. (7) As candidates, only so many senior employees are in the order of the votes they have fallen on. Nomination included as a whole, as it must include applicants. In the event of a tie, the lot shall be decided. (8) 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. (9) The Chief Executive Officer shall forward the result of the vote and the names of the persons taken up in the nomination to the nomination. Operating election inventor. Each member of the management authority shall make known the result of the vote and the names of the persons referred to in the nomination for the duration of two weeks; Article 26 (4) shall apply accordingly. Unofficial table of contents

Section 33 Voting Niederschrift

At the end of the vote, the head of the Management Committee shall establish a record:

1.

the number of electoral envelopes delivered;

2.

the number of valid votes;

3.

the number of invalid votes;

4.

the figures of the votes cast on the individual candidates;

5.

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

6.

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

Subsection 4
Examination and publication of nominations

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Section 34 Examination of nominations

(1) The Board of Management Board shall confirm in writing to the proposed representative the date of submission of the nomination. (2) The head of the Board of Management 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

§ 35 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 26 (1), second sentence, no. 7 and 8,

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.

in which applicants are not referred to in the manner specified in Article 27 (5) sentence 1,

2.

which are not accompanied by the written consent and insurance of the applicants pursuant to § 27 (5) sentence 2,

3.

which, as a result of any deletions pursuant to Article 27 (7), no longer have the required number of signatures,

are invalid if the head of the company has complain of them and the deficiencies have not been remedied within one week since the complaint. Unofficial table of contents

Section 36 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 Article 27 (4) (1) and (3), the Management Committee shall immediately issue a 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 specified for the contract notice;

2.

a valid nomination has not been submitted for the ballot;

3.

election proposals may be submitted in writing to the head of the election of the head of business within a period of grace of one week from the date specified for 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 shall not take place. (3) For notices pursuant to paragraphs 1 and 2, § 26 3 to 5 accordingly. Unofficial table of contents

Section 37 Announcement of election proposals

(1) If several election proposals 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 § 27 (2), 35 (2) and 36 (1). (2) No later than two weeks before the first day of the vote, the valid nominations shall be submitted in the following two weeks before the first day of the vote. Companies are known to make known. The head of the Management Committee shall send the valid nominations of the nominations to the holding election directors and inform them in writing of the date from which the election proposals in the establishments shall be made known. Each head of the holding shall make the nominations, separately after ballots, known; § 26 (4) and (5) shall be applied accordingly.

Section 4
Rules to be applied

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Section 38 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 39 Election

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

1.

the date specified for the contract notice;

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.

the day or days of the vote in respect of the election of the members of the Supervisory Board of the employees;

7.

the address of the Management Board.

(2) The head of the company election shall send the ballot letter to the holding election directors and shall inform them in writing of the date from which it is to be made known in the establishments. Each member of the Management Committee shall add the following information to the elective letter:

1.

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

2.

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

3.

an indication of the possibility of a written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 49 (3) of this Regulation;

4.

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

5.

the address of the operating election board.

Section 26 (4) and (5) shall apply mutas to the announcement of the voter's vote.

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

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Section 40 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 voting within the meaning of this chapter shall be determined in accordance with Article 27 (4). (2) The election proposals shall be made on the ballot papers in accordance with the order of the order numbers and the first and second positions of the ballot papers. to list the names of the candidates with a surname, the first name, the type of employment and the operation between them; 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 which are used for a ballot must be different from the ballots provided for the other ballots. (3) The head of the company shall send the ballots in good time to the ballot papers. (4) The voter shall mark the nomination of the elector elected by her and the voter by crossing at the place provided for this purpose in the ballot. § § 17 and 18 are to be applied accordingly; the vote is to be recorded separately in the voters ' list for each ballot. (5) 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 41 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 ballots are simply counted if they completely agree, otherwise they are invalid. (4) In the use of voting machines § 21 para. 4 accordingly. Unofficial table of contents

Section 42 Election of the operating election board

(1) After the votes have been counted, the head of the operating election shall establish in a minutes separately for each ballot separately:

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 nominations;

6.

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

(2) The board of directors shall transmit immediately after the counting of votes to the head of the election of the company, by telex or by botin or messenger the voting document. (3) The head office of the holding shall make the result of the Voice counting known. Unofficial table of contents

Section 43 Determination of the elected

(1) The head of the Management Committee shall determine the results of the election on the basis of the electoral rules of the heads of the operating elections. (2) The number of votes allocated to the individual election proposals in the ballot shall be placed side by side in a row; and all through 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. (3) If the nomination contains fewer candidates, the nomination shall be less than (4) The order of the candidates within the individual election proposals shall be determined by the order of the other nominations of the same ballot. (4) The order of the candidates shall be determined by the nominations of the nominations. by the order of their appointment. (5) 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 44 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 voting is made by issuing ballot papers. (2) The head of the board of directors has the candidates on the ballot papers with the name of the surname, the first name, the type of employment and the operation among themselves in the order of the vote. in which 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. § 40 (2) sentences 3 and 4 and (3) shall apply. (3) The voter shall mark those of her and the voter elected by him by crossing at the places designated for this purpose in the ballot. No more applicants may be made to vote than in the election of Supervisory Board members. § 40 (4) 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 45 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 41 (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, § 21 para. 4 applies accordingly. Unofficial table of contents

Section 46 Election of the operating election board

Once the votes have been counted, 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 of the votes cast on the individual candidates;

6.

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

Section 42 (2) and (3) shall apply. Unofficial table of contents

Section 47 Determination of the elected

The head of the board of directors determines the figures of the votes cast on the individual candidates on the basis of the electoral rules of the operating electoral board. 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 43 (5) shall apply.

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

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Section 48 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. § 44 (1) Sentences 2 and 3 shall apply. (2) If only a valid nomination is proposed, the head of the Board of Management shall have the candidates on the ballot papers with the name of the surname, first name, type of employment and operation to each other in the order in which they are named in the nomination. If there are several valid nominations, the head of the board of directors has submitted the candidates on the ballot papers with the name of the surname, first name, type of employment, operation and password of the nomination proposal among themselves. alphabetical order. § 44 (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. § 40 (4) sentence 2, § 44 (4) and § § 45 to 47 are to be applied.

Subsection 4
Written vote

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Section 49 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 a leaflet to the person entitled to vote on the manner in which the written vote (§ 50 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 establishments in which the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and in which the remaining minority does not represent more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. (4) The head of the Management Committee shall, on request, send the holding of the holding of the ballot to the holding of the ballot box for the written vote, as referred to in paragraph 1. Unofficial table of contents

Section 50 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 51 Election

Once it has been determined who is elected, the head of the Management Committee shall determine separately for each ballot 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.

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 52 Announcement of the results of the election, notification of the elected

(1) The Management Committee shall transmit the results of the election and the names of the elected members of the holding election. The election result and the names of the elected representatives shall be notified immediately for a period of two weeks. (2) At the same time, the head of the Management Committee shall notify the elected person in writing of their choice and shall forward the following to the election result. The election results and the names of the elected representatives of the company and the trade unions represented in the company. Unofficial table of contents

Section 53 Storage of the electoral markets

The head of the company election and each member of the company's electoral system handed 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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§ 54 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 in accordance with Section 55 of the Third Electoral Regulations of the Co-Determination Act, the Management Board of Directors has decided that the delegates to be elected in the company for the election of the Supervisory Board members of another company shall also have the following 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 head of the Management Committee shall issue a notice and send it to the holding election management. Section 26 (4) and (5) shall apply. Unofficial table of contents

§ 55 Delegates who are elected at the same time 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 Board of Directors may decide that the delegates to be elected shall also be elected to the Supervisory Board 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 56 Invoice of the number of delegates

(1) If it is established that the members of the Supervisory Board are to be elected by delegates, the Management Board shall, on the basis of the lists of voters submitted by the holding election boards, calculate separately for each holding the number of persons who have been elected by the employees. delegates and their distribution to the employees referred to in Article 3 (1) (1) of the Act and the officers responsible. (2) The number of delegates to be elected in a holding shall be the number of delegates elected in the holding. Persons entitled to vote in the holding 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 referred to in § 3 (1) (1) of the Act and the officers responsible for the officers shall be paid in accordance with the Principles of proportional representation. For this purpose, the figures of the employees referred to in § 3 (1) (1) of the Act and the officers of the holding 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 paragraph 3, in an establishment for the employees referred to in Article 3 (1) (1) of the Law, or the executive employees, 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 figures are fully counted if they are at least half of the full number. (5) If at least nine delegates are to be elected in one holding, the employees and the officers referred to in Section 3 (1) (1) of the Act shall not be subject to the following: Employees at least one delegate; this does not apply to the extent to which no more than five employees or senior employees referred to in § 3 (1) (1) of the Act are entitled to vote in the holding. 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 of the holding shall be increased accordingly. Unofficial table of contents

Section 57 Assignment of employees to other establishments

(1) In accordance with § 56 of the Act referred to in Section 3 (1) (1) of the Act, or the executive employees of an establishment no delegate, the Chief Executive Officer shall delete these workers in the employee's office in which he/she is responsible. (2) The head of the board of directors shall determine whether the employees who are to be taken from the electoral list of an establishment pursuant to paragraph 1 for the election of the delegates in accordance with Section 11 (3) and (4) of this Regulation shall of the law as employees of the establishment of the principal place of business of the The company or employees of the largest holding company in the company shall be considered to be the largest holding company in the election. The head of the board of directors shall include these workers in the copy of the list of voters of the holding which is present to him, as the employee of which they shall be entitled to vote for the delegates. According to the assignment, the number of delegates of the establishments concerned and their distribution to the employees referred to in section 3 (1) (1) of the law and the executive employees is to be recalculated (§ 56). Unofficial table of contents

Section 58 Communications of the Management Board

(1) The head of the head of the company shall immediately inform each of the heads of the holding of the holding of the number of delegates (§ 56) or, if a assignment (section 57, para. 2) has been made to another establishment, immediately after the determination of the number of delegates (§ 56) this association with:

1.

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

2.

a decision that the delegates to be elected should also take part in the election of the members of the Supervisory Board of employees of other undertakings; the other undertakings shall be indicated;

3.

the number of delegates to be elected, separated by delegates of the employees referred to in Article 3 (1) (1) of the Law and the officers who are conducting the law;

4.

the surnames and first names of the employees who are to be deleted from the list of voters of the holding in accordance with Section 57 (1) and the holding to which they are assigned;

5.

the surnames, first names and dates of birth of the employees, which are to be added to the voters ' list in accordance with Article 57 (2), first sentence, and 2, separately, in accordance with Section 3 (1) (1) of the Act, and executive staff, and the holding from whose voters ' lists they have been removed;

6.

the date by which each head of the holding of the holding has informed the head of the election of the head of the company the result of the election of the delegates.

(2) The Management Committee shall immediately send a copy of its communication (paragraph 1 (5)) to the operating electoral board of the establishment to which they are entitled (paragraph 1 (5)) to the head of the holding of an establishment whose electoral list is to be deleted from the voters ' list (s) of the holding. Persons entitled to vote are assigned. The head of the holding of the holding from whose electoral list shall be eligible to vote and the head of the holding of the holding to which those persons are entitled shall make the communication referred to in paragraph 1 (5) in the same way as the electoral letter for the election of the delegates (§ 59). Unofficial table of contents

Section 59 Election letters for the election of the delegates

(1) Immediately after receipt of the notice referred to in § 58, the operating election officer shall issue a ballot letter 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 the Management Board has decided, in accordance with Section 55, that the delegates to be elected should also participate 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.

an indication of the possibility of the written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 69 (3) of this Regulation;

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 26 (4) and (5) shall apply mutas to the announcement of the voter's vote. (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 60 Submission of election proposals

(1) In order to elect the delegates, the persons entitled to vote in the holding may make election proposals. 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

of the holding. 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 61 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 62 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 60 (2) sentence 1,

2.

which are not accompanied by the written consent and insurance of the applicants pursuant to § 60 (2) sentence 2,

3.

which, as a result of any deletions pursuant to Article 60 (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

§ 63 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, § 26 (3) (b) shall be submitted. 4 and 5 accordingly. Unofficial table of contents

Section 64 Announcement of election proposals

(1) If a number of nominations have been submitted for a ballot, the holding of the electoral code shall determine the order of the order numbers after the expiry of the periods referred to in § 60 (1) sentence 3, § 62 (2) and 63 (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 65 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 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. § § 17 and 18 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 66 Public Voting

(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 ballots are simply counted if they completely agree, otherwise they are invalid. (4) In the use of voting machines § 21 para. 4 accordingly. Unofficial table of contents

Section 67 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 68 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 in accordance with paragraph 1.

Subsection 6
Written vote

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Section 69 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 a leaflet to the person entitled to vote on the manner in which the written vote (§ 70 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 expected to be present in the holding (particularly in the field of external service, teleworking and homework), as well as workers who are assigned to the holding in accordance with section 57 (2) , the documents referred to in paragraph 1 shall be preserved without the need for: (3) The head of the operating election may decide to vote in writing.

1.

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

2.

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

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 70 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 71 Electoral credit

(1) After the determination of who is elected as a delegate, the head of the operating election shall establish 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 to be elected (§ 68);

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.

(2) The operating electoral board shall immediately transmit the voting document to the head of the election of the company, by telex or by Botin or messenger. Unofficial table of contents

Section 72 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 according to § 55, this shall be indicated in the notification.

Subsection 8
Exception

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Section 73 Exception

The provisions of subsections 1 to 7 shall not apply to establishments in which, in accordance with the provisions of this Regulation or, under the conditions laid down in Article 54 (1), the provisions of the Third Electoral Regulations shall apply to: Co-determination Act delegates are already elected whose term of office has not yet been terminated 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 74 Delegates ' Meeting

(1) The delegates shall elect the members of the Supervisory Board of the employees in a meeting (Assembly of Delegates). It is headed by the head of the board of directors. (2) The head of the board of directors determines the day of the Assembly of Delegates. It shall take place no later than four weeks after the date of the date of the election of the members of the Management Committee to inform the Management Committee of the Management Committee of the results of the election of the delegates in accordance with Section 58 (1) No. 6. If no delegates are to be elected in the company (§ 54), 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

§ 75 Delegate List

(1) The board of directors 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 law 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 design and by the use of the information and communication technology available in the company. Unofficial table of contents

§ 76 Claims against the correctness of the list of delegates

(1) Claims against the correctness of the list of delegates may be lodged with the head of the board of directors before the voting begins. (2) The head of the board of directors shall decide immediately on objections under paragraph 1. If an objection is justified, the head of the company election shall correct the list of delegates. The head of the board of directors shall immediately communicate his decision to the person who filed the opposition. (3) Before the start of the vote, the head of the board of directors should 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 77 Communication to the Delegates

(1) The Board of Management Board 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 with the head of the board of directors before the vote is taken;

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 Management 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 operating election directors, to the company and to the companies represented in the company. Trade unions. (3) The Executive Committee of the Management Committee shall establish that 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, whose delegate he is,

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. If an operating electoral officer determines that the term of office of a delegate is terminated prematurely or that he is prevented from doing so, he shall inform the Executive Committee of the election.

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 78 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 27 (4) (2). The head office of the company shall have the nominations on the ballot papers according to the order of the order numbers and also the first and second positions. to list the names of the candidates with a surname, the first name, the type of employment and the operation between them; 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. § § 17 and 18 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 head of the Management Committee may decide to apply Section 17 (3) with the proviso that ballot papers shall be unfolded and cast into the ballot box in election envelopes if the envisaged procedure of the ballot count unfolded ballot papers . Unofficial table of contents

Section 79 Public counting of votes

(1) As soon as the ballot has been concluded, the Management Committee shall publicly count the votes. (2) After the ballot box has been opened, the head of the company election shall take the ballot and count for each ballot separately the ballot papers. (3) The validity of the ballot papers shall be examined 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 § 21. Paragraph 4 accordingly. Unofficial table of contents

Section 80 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 81 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 head of the company election shall have the candidates on the ballot papers with the name of the surname, first name, type of employment and the holding. to each other in 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. § 78 (2) sentences 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. Section 78 (3), second sentence, 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) § 78 (5) shall apply. Unofficial table of contents

Section 82 Public counting of votes

(1) As soon as the ballot has been concluded, the Management Committee shall publicly count the votes. (2) After the ballot box has been opened, the head of the company election shall take the ballots and count for each ballot separately the ballot papers and counting on each of the ballots. The applicant or any candidate who is subject to the decision. Section 79 (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, § 21 para. 4 applies accordingly. Unofficial table of contents

Section 83 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 80 (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 84 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. § 81 (1) sentence 2 to 4 is to be applied. (2) If only a valid nomination is proposed, the head of the Board of Management shall have the candidates on the ballot papers, specifying the surname, first name, type of employment and operation. to each other in the order in which they are named in the nomination. If there are several valid nominations, the head of the board of directors has submitted the candidates on the ballot papers with the name of the surname, first name, type of employment, operation and password of the nomination proposal among themselves. alphabetical order. Section 81 (2) sentences 2 to 4 shall apply. (3) The Delegate shall mark the applicant chosen by him or the applicant elected by him by crossing at the place provided for this purpose in the ballot. It must not tick more than one applicant or one applicant. § 78 (3) sentence 2 and (5), § 81 (4) and § § 82 and 83 are to be applied.

Subsection 6
random down, notifications

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Section 85 Election

Once it has been determined who is elected, the head of the Management Committee shall determine separately for each ballot 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.

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 86 Announcement of the results of the election, notification of the elected

(1) The Management Board shall announce the result of the election and the names of the elected representatives in the Assembly of Delegates. (2) The Management Board shall transmit the results of the election and the names of the elected members of the Board of Management elected to the Board of Delegates. The election result and the names of the elected representatives shall be notified immediately for a period of two weeks. (3) At the same time, the head of the Management Committee shall notify the elected person in writing of their choice and shall forward the The election results and the names of the elected representatives of the company and the trade unions represented in the company. Unofficial table of contents

Section 87 Storage of the electoral markets

The head of the company election and each member of the company's electoral system handed 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 88 Introduction of the appeal proceedings

(1) A request 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 General Works Council. (2) The Management Board shall be immediately immediately after receipt of an application for dismise. (3) § § 3 to 7 of the Law of the Election of the Election of the Election of the Electoral Board of the Election of the Election of the Electoral Board of the Electoral Council of the Federal States of the European Union (3) , the communication of the Management Board pursuant to § 6 shall also apply contain the content of the request for dismise. The company has to hand over to the Board of Directors the electoral markets which have arisen in the election of the member of the Supervisory Board, whose dismise is requested. Unofficial table of contents

Section 89 List of employees entitled to employment

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 operating election board in each establishment, pursuant to § 23 (1) sentence 2 of the law for the dismissiation of this Supervisory Board member. § § 8 to 12 shall apply accordingly; the announcement according to § 9 para. 2 and 3 shall also contain the content of the application for dismise. Unofficial table of contents

Section 90 Examination of the application for dismise

(1) The head of the Management Committee shall immediately after sending the lists of eligible employees the validity of the application for a dismise. (2) If an application is invalid, the head of the board of the company shall notify this the application representative, or, if such a person is not appointed, the first signatory, or the holding of the holding of the holding of the holding, in writing. Each member of the Management Committee shall communicate the communication for a period of two weeks. Unofficial table of contents

Section 91 Applicable Provisions

(1) If a valid application is present, the Management Board member shall determine whether the Supervisory Board member, whose appointment is requested, has been elected by direct election or by a delegate. (2) Is the Supervisory Board member, whose In the immediate election, the further appointment procedure shall be determined in accordance with the provisions of Chapter 2. (3) If the member of the Supervisory Board whose dismise is requested has been elected by a delegate, the following shall be: shall be governed by the further procedure laid down in Chapter 3.

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

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Section 92 Abortion Letter, voters ' list

(1) The head of the Management Committee shall immediately issue a letter of appointment. The vote shall take place within four weeks since the date specified for the publication of the letter of appeal. (2) The letter of reappointment must contain the following information:

1.

the date specified for the contract notice;

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 day or days of the vote.

§ 15 (3) (1) to (3) and § 26 (4) and (5) shall apply mutas. (3) In each establishment, a list of the persons entitled to vote of the holding (voters ' list) shall be immediately available for the convocation of the contract. established. § § 8, 9, 11 and 12 shall apply mutatily, with the proviso that, by way of derogation from § 8 (1) sentence 1, a separation of the voters ' list is not required. Unofficial table of contents

Section 93 Voting, voting record, files

(1) § § 16 to 23 shall apply to the vote. (2) The voting committee shall send the vote in writing.

1.

the operating election management,

2.

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

3.

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

4.

the company.

§ 90 (2) sentence 2 is to be applied. (3) To the files resulting from a request for the convocation, § 53 shall be applied accordingly.

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

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§ 94 List of Delegates

The head of the board of directors shall immediately draw up a list of the delegates (list of delegates) for the convocation. § 8 (1) sentence 2 and 3, para. 3 and 5, § 75 (2) and (3) and § 76 shall apply accordingly. Unofficial table of contents

§ 95 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 is to 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 of the Board of Directors The delegates shall convene the delegates in writing against the receipt of their receipt or by registered letter to the Assembly of Delegates; § 77 (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 application;

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 with the head of the board of directors before the vote is taken;

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 Management Board.

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Section 96 Voting, voting record, files

§ 16 (1) and (3), § § 17, 18, 21, 23 and 78 (1) sentence 3 and 4, subsection (2) sentence 3 and (5) as well as § § 79, 86 and 93 (2) and (3) shall apply accordingly for the vote, the voting record and the retention of the files.

Chapter 4
Spare Members

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§ 97 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
Special provisions for the election and dismise of the members of the Supervisory Board of employees in the event of the participation of employees of a maritime operation

Chapter 1
Election of members of the Supervisory Board of employees

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

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Section 98 Introduction of the election

(1) The time limit referred to in § 2 (1) sentence 1 shall be extended to 46 weeks. (2) In the notice referred to in § 2 the number of employees employed in the sea operation (Section 34 (1) of the Law) shall be specified separately. (3) In the case of a sea operation, a head of operation is not formed. The Management Board of the Management Board shall carry out the duties of the Management Board of the Management Board in the operation of the operation of the Management Board in the maritime sector. For the purposes of Article 4 (5), the operation of the sea shall be disregarded. (4) Communications to be made known by the Maritime Company shall send the Management Committee's board of directors to any ship belonging to the sea, and shall notify the date of the date of the date of the they are to be known on the ship. Communications shall be made known by the on-board representation or, if such is not the case, by the master. The first and the last day of the notice shall be noted on the notice. (5) The board of directors shall send a copy of the voter's list of maritime operations, the law and this Regulation to each vessel belonging to the sea. Their inspection shall be made possible by the on-board representation or, if there is no such representation, by the master. The inspection may be made possible by interpretation at an appropriate place, accessible to the electorate, on board, and by the use of information and communication equipment available in the holding. In addition, the head of the Management Committee shall send the voter's list of seafarers to the head of operation of the farm, which shall be responsible for the haggling conditions of workers in the maritime sector. This Board of Management allows the inspection of the voter list of the sea operation in the same way as in the list of voters referred to in § 8. (6) In the maritime sector, § 9 (2) and (3) do not apply. The board of directors sends a notice to the voters ' list at the same time as the voter list. It shall contain the following information:

1.

the date of their dispatch;

2.

the names of the members of the Management Board and its address;

3.

that the inspection of the voter's list of maritime operations, the law and this regulation on board will be made possible;

4.

that the inspection of the voter's list of seafarers is also made possible in the farm sector, which is responsible for the driving conditions of workers in the maritime sector;

5.

that objections to the correctness of the voters ' list can only be lodged in writing at the head of the company's board of directors within four weeks since they were sent; the last day of the deadline shall be indicated;

6.

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

7.

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

(7) § 10 shall not be applied in the operation of the sea. By way of derogation from Article 12 (1), the

1.

an objection to the correctness of the voter's list shall be lodged within four weeks since the voter's dispatch to the ships;

2.

an objection to a correction or addition to the voter list shall be lodged within four weeks since the correction or the addition.

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Section 99 Voting on the nature of the election

The employees of the maritime sector shall not participate in a vote on whether the election is to be made by delegates or directly, and shall remain in favour of the calculation of the votes for the application and for the decision-making process. (§ 34 (4) of the Law); in the announcement according to § 13 and in the voting letter in accordance with § 15, it should be pointed out. § § 13 to 24 shall not be applied to the sea operation. Unofficial table of contents

Section 100 Announcement of the submission of election proposals

(1) The notice pursuant to section 26 (1) must also contain the following information in the sea operation:

1.

that the inspection of the voter's list of seafarers, the law and this Regulation shall be made possible on each vessel of the maritime operation by the onboard representation or, where such representation does not exist, by the master;

2.

that the inspection of the voter's list of seafarers is also made possible in the farm sector, which is responsible for the driving conditions of workers in the maritime sector;

3.

that the nominations shall be made known by the captain of the board or, if not, by the captain of the board.

(2) The time-limit for the submission of nominations referred to in § 26 (1) sentence 2 no. 3 and in § 27 (2) shall be extended to eleven weeks. (3) § 26 para. 3 sentence 2 and para. 4 shall not apply in the sea operation; § 26 (3) sentence 1 shall apply accordingly; § § 26 (3) sentence 1 shall apply mutah. (4) The minimum time limit for the announcement of nominations, referred to in Article 37 (2) sentence 1, shall be extended to three weeks. It is necessary to obtain that the minimum period referred to in the first sentence between the date specified for the publication of the nominations on board and the beginning of the vote in the agricultural undertakings shall be for a timely vote by the workers and workers of the sea operation is not sufficient, the Management Committee may extend this minimum period to a maximum of five weeks. For the announcement of the election proposals in the sea operation, § 26 (3) sentence 1 shall apply in accordance with and section 98 (4) shall apply. Unofficial table of contents

Section 101 Additional provisions for the election proposal of senior executives

(1) The time limit for the submission of voting proposals referred to in Article 31 (1) sentence 4 shall be extended to five weeks. The head of the Management Committee shall send a copy of the notice to each of the masters of the operation of the sea. § 30 (4) and 31 (4) sentence 2 and 3 and (5) shall not apply in the operation of the sea; Section 26 (5) shall apply. (2) By way of derogation from Section 32 (1), the Chief Executive Officer shall determine the day of the vote of the senior employees in such a way that the Nomination of the executive officers within 28 weeks since the date specified for the contract notice pursuant to § 30.

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

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Section 102 Letter of voter in the maritime sector

(1) The letter of voter pursuant to section 39 (1) shall also contain the following information in the sea operation:

1.

that the workers of the seafarers vote in postal ballot;

2.

the date by which the ballot letters must be received by the head of the board of directors.

(2) § 39 (2) sentence 2 and 3 shall not apply for the announcement of the voter's vote in the sea operation; § 26 (5) and section 98 (4) are to be applied. Unofficial table of contents

Section 103 Voting in the election of the members of the Supervisory Board of the employees

(1) The employees of the Maritime Business shall vote in the election of the members of the Supervisory Board of the employees in postal ballot. (2) At the same time, with the dispatch of the election proposals to the operating electoral boards (§ 37 para. 2 sentence 2) The Management Committee shall send the

a)

each vessel shall have the documents required for the submission of votes in a number exceeding the number of the rules of the ship ' s control by at least 10 per cent,

b)

all workers in the maritime sector who are aware of the fact that they are not on board a ship, the documents required for voting, and a copy of the voter's letter.

The on-board representation or, if there is no such representation, the master shall have to hand over to each crew member the documents required for the voting. The election letters of the crew members of a vessel shall be sent as simultaneously as possible to the head of the main election.

Section 3
Election of Supervisory Board members of employees by delegates

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Section 104 Election of the Delegates

(1) Delegates shall not be elected by sea. § § 54 to 73 shall not apply to the operation of the sea. (2) The employees of the sea-holding company shall participate directly in the election of the members of the Supervisory Board of the employees. Unofficial table of contents

Section 105 Letter of election in the maritime sector

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

1.

the members of the Supervisory Board of the employees are elected by delegates;

2.

that no delegates are elected in the maritime sector;

3.

the workers of the maritime sector are directly involved in the election of the members of the Supervisory Board of employees;

4.

that only workers who are registered in the voter's list of maritime operations can participate in the election;

5.

the members of the Supervisory Board shall be elected by all persons entitled to vote in the maritime sector;

6.

that the workers of the seafarers vote in postal ballot;

7.

that each person entitled to vote in the operation of the sea receives election documents for all the ballots, and that he may cast his vote for all the ballots;

8.

that the vote is subject to election proposals;

9.

that the voice of a worker of the sea holding is counted as a ninety-one of the vote of a delegate;

10.

the date by which the ballot letters must be submitted to the head of the head of the enterprise;

11.

the address of the Management Board.

(2) § 26 (5), § 39 (2) sentence 1 and section 98 (4) are to be applied accordingly. Unofficial table of contents

Section 106 Voting of workers in the maritime sector

(1) The employees of the Maritime Business shall vote in the election of the members of the Supervisory Board of the employees in postal ballot. § § 49 and 50 are to be applied accordingly. (2) At the same time as the election proposals are sent to the operating electoral boards (Section 37 (2) sentence 2), the Board of Directors shall send each ship the elective board members for the election of the members of the Supervisory Board. Employees required documents; § 103 (2) must be applied accordingly. Until the end of the day, the ballot letters must be submitted to the head of the board of directors before the meeting of the delegates. (3) By way of derogation from § 74 (2) sentence 2, the Assembly of Delegates shall be required to take six weeks after the dispatch of the required voting time. Documents to be held. If it is to be obtained that this period is not sufficient to ensure that the employees of the maritime sector are properly cast, the head of the board of directors may extend it to a maximum of nine weeks. (4) The rules on the Voting and voting (§ § 78, 81 and 84) shall apply accordingly to the workers of the sea operation, with the following conditions:

1.

The persons entitled to vote shall be replaced by the delegates of the Maritime Operation.

2.

The electoral envelopes of the voter's voter will be placed in a separate ballot box.

(5) The rules on the counting of votes (§ § 79 and 82) shall apply accordingly to workers in the operation of the sea, subject to the following conditions:

1.

The votes of the voters of the sea operation shall be counted separately.

2.

Each 90 of these votes are counted as one vote of a delegate. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. With more than 90 votes, a remainder of at least 45 votes will be counted as a vote of a delegate. The number of votes thus calculated shall be added to the number of votes cast by the votes cast by the delegates in the ballot for the nomination.

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Section 107 Election

§ 85 shall not apply to the voting document. Once it has been determined who is elected, the head of the Management Committee shall determine separately for each ballot in a minutes:

1.

the number of

a)

election envelopes issued by the delegates,

b)

ballot envelopes issued by workers in the maritime sector;

2.

the number of

a)

valid votes cast by the delegates,

b)

valid votes cast by the workers of the sea operation;

3.

the number of

a)

invalid votes cast by the delegates,

b)

invalid votes cast by the workers of the sea operation;

4.

for proportional representation

a)

the figures of the votes of the delegates falling on the individual nominations;

b)

the figures of the votes cast by the employees of the operation of the sea on the individual election proposals and the conversion of these votes to the votes of the delegates in accordance with section 106 (5) (2),

c)

the sums of the votes of the delegates and of the votes of the workers of the maritime sector, which are the votes cast on the individual nominations,

d)

the calculated maximum figures and their distribution to the nominations;

5.

in the case of majority voting

a)

the figures of the votes of the delegates who have been cast on the individual candidates,

b)

the figures of the votes of the employees of the maritime operations of the employees and the conversion of these votes to the votes of the delegates pursuant to § 106 (5) (2),

c)

the sums of the votes of the delegates and of the votes of the workers of the maritime sector, which are the result of the individual candidates or candidates;

6.

the names of the elected members of the Supervisory Board;

7.

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

8.

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

Chapter 2
Dismise of the members of the Supervisory Board of the employees

Section 1
Common provision

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Section 108 Joint provision

(1) For the operation of the sea, a head of operation shall not be formed. The Management Board of the Management Board shall carry out the duties of the Management Board of the Management Board in the operation of the operation of the Management Board in the maritime sector. By way of derogation from § 88 (3) sentence 1, § § 5 and 6 (2) shall not apply to the operation of the sea; for the purposes of Article 4 (5), the sea operation shall not be considered. In the operation of the sea, Section 98 (6) sentence 1 shall apply accordingly. § 10 shall not apply. (2) Section 98 (4) shall apply to communications which are to be disclosed in the sea.

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

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§ 109 Letter of Appeal for the Maritime Operations, voters ' list

(1) The time limit referred to in § 92 (1) sentence 2 shall be extended to six weeks. (2) The notice of reappointment pursuant to § 92 must also contain the information referred to in § 102 (1) in the Maritime Company. (3) § 98 (5) and (7) shall apply accordingly. Unofficial table of contents

Section 110 Voting

The workers of the sea operation shall vote in postal ballot. Section 103 (2) shall apply accordingly.

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

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Section 111 Direct vote, electoral list, communication to delegates

(1) The employees of the maritime sector shall participate directly in the vote on a request for a dismise. (2) At the same time as the list of delegates referred to in § 94, a list of persons entitled to vote shall be included in the list of delegates. § 92 (3) and § 98 (5) to (7) shall apply accordingly. (3) The time limit referred to in Article 95 (1) sentence 2 shall be extended to 11 weeks. Section 106 (3) sentence 2 shall apply mutatily, with the proviso that the head of the company election may extend the period to a maximum of 14 weeks. Unofficial table of contents

Section 112 Abortion Letters in Maritime Operations

At the latest eight weeks before the Assembly of Delegates, the head of the board of directors shall issue a letter of revocation for the maritime business. Section 92 (2), first sentence, section 105 (1), second sentence, no. 3, 6 and 9 to 11, and (2) shall apply accordingly. Unofficial table of contents

Section 113 Voting, Communication of the result of the vote

The workers of the sea operation shall vote in postal ballot. Section 103 (2) shall apply accordingly. § § 19, 20 and 96 shall apply accordingly to the workers of the sea operation with the following conditions:

1.

The persons entitled to vote shall be replaced by the delegates of the Maritime Operation.

2.

The election envelopes of these voters shall be placed in a separate urn.

3.

The votes of these voters shall be counted separately.

4.

Each 90 of these votes are counted as one vote of a delegate. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. With more than 90 votes, a remainder of at least 45 votes will be counted as a vote of a delegate.

5.

Section 107, second sentence, Nos 1 to 3, 5, 6 and 8 shall apply mutas to the voting document.

Part 4
Transitional and final provisions

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Section 114 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) Electoral members shall be established immediately after the notice referred to in § 2. In each establishment, the electoral list shall be drawn up immediately after the formation of the operating election board; § § 8 to 12 shall apply. (3) By way of derogation from § 13 (1) sentence 1, the head of the board of directors shall be entitled to the provisions of § § 13, 26 and 30. 19 weeks prior to the expected start of the term of office of the members of the Supervisory Board to be elected. If employees of a holding referred to in § 34 (1) of the Act (Seebetrieb) are also part of the election, the time limit referred to in sentence 1 shall be extended to 42 weeks. Unofficial table of contents

Section 115 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 116 Transitional arrangements

The provisions of the Second Electoral Regulations on the Codetermination Act of 23 June 1977 (BGBl I) are applicable to elections or revocations initiated before 1 June 2002. 893), as amended by Article 2 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 117 Entry into force, external force

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