Second Election Rules To The Codetermination Act

Original Language Title: Zweite Wahlordnung zum Mitbestimmungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/mitbestgwo_2_2002/BJNR170800002.html

Second election rules to the codetermination Act (2. WOMitbestG) 2. WOMitbestG Ausfertigung date: 27.05.2002 full quotation: ' second election rules to the co-determination Act of 27 May 2002 (BGBl. I S. 1708), by article 2 of the Decree of October 10, 2005 (BGBl. I S. 2927) has been changed "stand: amended by art. 2 V v 10 10 2005 I learn 2927 more to the stand number in the menu see remarks footnote (+++ text detection from) : 1.6.2002 +++) input formula on the basis of § 39 of the co-determination Act of 4 May 1976 (BGBl. I p. 1153) ordered the Federal Government: table of contents section 1 scope part 1 election of the Supervisory Board of workers Chapter 1 introduction of the choice, vote on the kind of choice of that election proposals section 1 introduction the choice of section 2 notice of the company section 3 election boards section 4 composition of the corporate selection board § 5 composition of the operating selection board § 6 § 7 obligation management of election boards § 8 voters list § 9 notice of the formation of election boards and voter list section 10 change request § 11 sending of the voters list article 12 appeals against the accuracy of the voters list section 2 vote on the version of the selected article 13 § 14 notice request for vote § 15 vote evaluator writing section 16 voting section 17 voting procedure article 18 use of voting machines section 19 requirements section 20 written voting procedures at written voting section 21 public votes section 22 voting transcript of operating Election Committee § 23 statement of the vote, voting transcript of corporate Election Committee article 24 notice of the vote section 3 allocation of seats , Election proposals under section 1 distribution of seats the company members Supervisory Board of workers article 25 allocation of seats the company-affiliated Supervisory Board of workers under section 2 nominations section 26 notice of the filing of nominations section 27 election proposals in section 3 para 1 No. 1 of the Act designated workers § 28 election proposals of trade unions § 29 nominations for replacement members under section 3 additional requirements for the nomination of officers section 30 notice about vote for the nomination of officers section 31 voting proposals of officers section 32 vote the Officers section 33 vote held under section 4 examination and notice of election proposals article 34 examination of election proposals section 35 invalid nominations section 36 grace period for nominations section 37 notice of election proposals section 4 applicable provisions of section 38 applicable provisions of Chapter 2 direct election of supervisory board members of the employees section 1 election ausschreiben § 39 choice ausschreiben section 2 holding of elections under section 1 election of several members of Supervisory Board of workers in a ballot due to multiple nominations section 40 voting , Dialing section 41 public counting § 42 election transcript of the operating selection board § 43 determination of the selected subsection 2 election of several members of Supervisory Board of workers in a vote due to only draft choice section 44 voting, election process § 45 public counting § 46 choice minutes of operation Election Committee § 47 determination of selected under section 3 choice of only a supervisory board member of workers in a ballot of section 48 choice of only a supervisory board member of workers in a vote under section 4 written vote paragraph 49 conditions § 50 procedures in voting under section 5 election transcript , Notifications article 51 election transcript article 52 announcement of the election results, notification of selected section 53 storage the offing Chapter 3 election of supervisory board members of workers through delegated section 1 election of the delegates of subsection 1 delegates with multiple mandate section 54 no election of delegates to this subsection, if in the company for the election of the Supervisory Board of other companies delegates with multiple mandate elected delegates are article 55, which at the same time for the election of supervisory board members, other companies chosen are subsection 2 introduction of the choice of article 56 calculation of the number of Delegated § 57 Association of workers and employees to other companies in section 58 messages of corporate Election Committee § 59 choice ausschreiben for the choice of the delegates under section 3 nominations for delegates § 60 election proposals § 61 examination of election proposals § 62 invalid nominations section 63 grace period for nominations section 64 notice of election proposals under section 4 election of delegates in a ballot due to multiple nominations section 65 voting, election process § 66 public counting § 67 determination of selected under section 5 determination of delegates if there is only a choice proposal for a ballot § 68 identification of delegates if there is only a choice proposal for a ballot under section 6 written vote 69 conditions § 70 procedures in voting under section 7 election transcript, notifications section 71 choice transcript § 72 announcement of the election results, notification of selected under section 8 exception § 73 exception section 2 selection of supervisory board members of workers by delegates subsection 1 Assembly of delegates, delegate list section 74 delegates § 75 delegates list section 76 objections against the correctness of the delegate list under section 2 communication to the delegates § 77 communication's delegates under section 3 choice several Supervisory Board of workers in a ballot due to multiple nominations § 78 voting, election process section 79 public votes section 80 determination of selected under section 4 election of several members of Supervisory Board of workers in a vote due to only draft article 81 choice voting, election process article 82 public votes section 83 determine of the selected subsection 5 choice of only a supervisory board member of workers in a ballot of § 84 choice of only a supervisory board member of workers in a vote under section 6 election transcript , Notifications section 85 election transcript § 86 announcement of the election results, notification of selected section 87 retention of the offing part 2 dismissal of supervisory of workers Chapter 1 common rules § 88 introduction of the appeal procedure § 89 list of eligible workers and workers § 90 examination of the application on dismissal section 91 applicable provisions of Chapter 2 vote on the dismissal of a supervisory board member of workers § 92 chosen in close election dismissal Committee Letter , Voters list article 93 files Chapter 3, vote, vote vote on the recall one by delegates of elected supervisory board member of workers § 94 delegates list section 95 delegates, communication of the corporate selection board of delegates § 96 voting, vote, files Chapter 4 substitute members § 97 substitute members part 3 special rules for the election and dismissal of supervisory board members of employees for participation of workers and employees of a maritime operation Chapter 1 election of supervisory board members of the employees section 1 introduction the choice , Vote on the kind of choice of that election proposals article 98 introduction the choice section 99 vote over the kind of choice section 100 notice about submission of proposals section 101 additional provisions for the nomination of officers section 2 direct election of supervisory board members of the § 102 workers choice ausschreiben in maritime operation § 103 voting in the election of the Supervisory Board of workers section 3 election of supervisory board members of workers by delegates § 104 election of delegates § 105 election ausschreiben in the Lake operating section 106 vote of workers and employees of maritime operations § 107 transcript of election Chapter 2 dismissal of supervisory board members of the employees section 1 common provision of § 108 Regulation section 2
 
 
 
 
 
Vote on the dismissal of a supervisory board member of section 109 workers elected in direct election dismissal Committee write for maritime operation, voters list section 110 voting section 3 vote on the dismissal of a supervisory board member of section 111 workers selected by delegates direct voting, voter list, message to delegates § 112 dismissal evaluator writing in Lake operation § 113 vote, notice of the vote part 4 transitional and final provisions § 114 first-time application of the law on a company section 115 calculating time limits section 116 transitional § 117 entry into force , Expiry of § 1 scope (1) consists of a company where the workers and workers have a co-determination rights according to § 1 (1) of the Act, several companies, so the election and dismissal of supervisory board members of the employees of this company are determined by the provisions of this regulation. In the election or to the dismissal after section 4 or section 5 of the Act the workers and workers of other companies participate, so shall be governed by the provisions of the third electoral code to the codetermination Act.
(2) the election of the Supervisory Board of workers shall be determined according to the provisions of part 1 (3) dismissal of supervisory board members of the workers shall be determined according to the provisions of part workers also take 2 (4) in the election or to the dismissal and workers part one in section 34 (1) of the Act of referred to operation (see operation), shall also apply the provisions of part 3.
Part 1 election of the Supervisory Board of workers Chapter 1 introduction of the choice, vote on the kind of choice of that election proposals section 1 introduction the choice § 2 notice of the company (1) which makes company no later than 23 weeks before the expected start of the term of Office of the Supervisory Board of the workers to be elected that supervisory of workers are known to choose. In the notice must also be given: 1. the estimated start of the term of Office of the elected Board members of workers;
2. the number of the elected Board members of workers;
3. the addresses of the establishments of the company. Specify of the addresses of establishments of the company can be omitted, as far as the addresses in the case of paragraph 1 sentence 3 already known have been made;
4. the number of workers normally employed in the companies and workers.
The workers and employees of the company also participate in the election of the Supervisory Board of other companies (sections 54, 55) and the term of Office of the members of the Supervisory Board starts not more than twelve months before or after the commencement of the term of Office of the Supervisory Board to be elected under this regulation, this in the notice is so specify.
(2) the notice can be by posting them at one or more appropriate, the voters reach areas in the premises of the company and using the company's existing information and communication technology. The use of information and communication technology is allowed only if the list of addressees of this form of publication of the notice could gain knowledge and precautions are taken so that the company may make changes to the notice.
(3) at the same time with the announcement in the plants the company sent a copy of the notice 1 the General Works Council and the overall speaker Committee (company spokesman), 2. the councils and committees of spokesman, 3. trade unions represented in the company, 4. the after section 117 subsection 2 sentence 1 of the works Constitution Act by collective agreement representations for workers employed in the flight operations and employees of the company built.

§ 3 election Directors (1) the timely introduction and the holding of elections, as well as the determination of the election results are the responsibility of the corporate selection board.
(2) in the individual plants, the choice on behalf of and according to the guidelines of the corporate Selection Board conducted by operation selection boards.
(3) the selection board members be formed immediately after the notice referred to in section 2. The sexes should be represented according to their numerical relationship.

Article 4 composition of the corporate selection board (1) the corporate Election Committee consists of three members. The Central Works Council may increase the number of members, if this is necessary for the proper conduct of the election. The corporate Election Committee must consist of an odd number of members. Corporate Election Board members can be only qualified voters of the company.
(2) in the corporate Election Committee should be adequately represented designated workers and the officers in section 3 para 1 sentence 1 of the Act. At least a Senior Executive, delegated if at least five voting officers are employed in the company, the corporate Election Committee.
(3) for each Member of the corporate selection board, a replacement member can be ordered in the event of his incapacitation.
(4) the Central Works Council ordered corporate selection board members, which are designated workers in section 3 para 1 No. 1 of the Act. There is no central Works Council, or, 2. so these members of the corporate choice Board 1 by the Works Council of the largest according to the number of voters holding, where there is a Works Council, are appointed if no commissioned a Works Council is a meeting in article 3, paragraph 1 referred to in no. 1 of the Act the workers of biggest according to the number of voters operations with the majority of the votes selected.
Also there is for section 117 subsection 2 sentence 1 of the works Constitution Act by collective agreement established representation for workers employed in the flight operations and workers, so are ordered together with this representation.
(5) the total speaker Committee (company spokesman) ordered the corporate selection board members attributable to the officers. Is not a total spokesman Committee (company spokesman), so these members of corporate Election Committee 1 of the representative Committee of the according to the number of eligible officers largest operation, in which there is a representative Committee, be ordered or, 2. If any operation is a representative Committee, elected at a meeting of the officers of the according to the number of eligible officers largest operation by a majority of the votes.

Article 5 composition of the operating selection board (1) the operating Selection Board consists of three members. The Works Council may increase the number of members, if this is necessary for the proper conduct of the election. The operation Election Committee must consist of an odd number of members. Operation selection board members can be only qualified voters of the operation.
(2) in the election management should be no. 1 of the Act adequately represented designated employee and the officers in article 3, paragraph 1. At least a Senior Executive, delegated if at least five voting officers are employed in the operation, the operation Election Committee.
(3) for each Member of the Board of operation choice a substitute member can be ordered in the event of his incapacitation.
(4) the Works Council ordered operation selection board members, that are workers referred to in article 3, paragraph 1 No. 1 of the Act. There is no Works Council, operating Election Board in a works meeting by a majority of the votes cast members referred to in sentence 1 shall be selected.
(5) the members attributable to the senior staff are appointed by the representative Committee responsible for the operation of. Is not a representative Committee, operation selection board referred to in sentence 1 members at a meeting of the officers of the operation with the majority of the votes will be elected.
(6) no operational choice Board for operation with not more than 45 electors two weeks after the notice referred to in section 2, is the corporate selection board for this operation tasked the operating selection board of an other business of the company carrying out the tasks of the operation selection board. The contracted operation Election Board can decide that in operation, for which no election management has been made, the vote for the votes referred to in Chapter 1 and Chapter 2 and elections in writing is. In the case of theorem 2, the voters of this operation received the documents referred to in article 19, paragraph 1 written voting without the need of a request; referred to writing out are in the sections 15 and 39 to complete the following information: 1. that the written vote is decided for the operation;
2. when the option letters the operating selection board must be received to the.

§ 6 obligation (1) who shares corporate Election Committee immediately after its formation the company, the trade unions represented within the company and the operating selection boards writing the names of its members and its address with.
(2) each operating Election Committee shall inform in writing the names of its members and its address the corporate Election Committee after its formation.

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

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

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

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

§ 11 sending the voters list (1) the operating Election Committee will send the corporate Election Committee immediately after a copy of the voters list in article 10, paragraph 1 specific expiration period and usually in the operation tells him the numbers employed in section 3 para 1 No. 1 of the Act designated employees and officers. Is been required according to § 10 para 1 the change of the voters list, the sending occurs immediately after expiry of the period specified in section 10, paragraph 2, sentence 2.
(2) the management of choice shall inform the corporate selection board adjustments and additions to the voter list.

§ 12 appeals against the accuracy of the voters list (1) against the accuracy of the voters list may be lodged objection, as far as not according to § 10 para 1 a change of entry as in section 3 para 1 No. 1 of the Act of giving workers or executives in the voters list may be required. Appeals against the accuracy of the voters list can be brought only in a week since adoption of the notice according to § 9 para 2 and 3 in writing to the electoral management. Appeals against corrections and additions to the list of voters can be inserted only within a week since the correction or supplement.
(2) appeals referred to in paragraph 1 is to decide immediately. An objection is justified, the voter list is corrected. Operation Election Committee immediately in writing communicated the decision of the person who filed an objection.
Section 2 vote on the version of the selected section 13 notice
(1) in a company with usually no more than 8,000 workers and employees of corporate Election Committee shall adopt a notice immediately after sending the voters lists. The notice must contain the following information: 1 the for the notice given time;
2. that the immediate election workers Supervisory Board members be elected, if not the voters decide the election by delegates;
3. the minimum number of voters, of which must be a request for a vote, that the election of supervisory board members of workers should be carried out by delegates, signed;
4. that a request in writing can be submitted only within two weeks since the date of the notice the company Election Committee; the last day of the period shall be indicated;
5. the minimum number of voters, their shareholding of the vote is required;
6. that the election of supervisory board members of workers can decision by delegates only by a majority of the votes;
7. the address of the corporate selection board.
Delegates are already elected according to the provisions of this regulation, whose term at the beginning of the term of Office of the Supervisory Board of the workers to be elected is not yet finished, so the notice must contain set 2 designated information in paragraph 2.
(2) in an enterprise with typically more than 8,000 workers and workers adopt the corporate Election Committee which in paragraph 1 sentence 1 particular time a notice. It must contain the following information: 1 the for the notice given time;
2. that the Supervisory Board of workers be elected by delegates, if not the voters choose the direct suffrage;
3. the minimum number of voters, of which an application for voting that the immediate election workers Supervisory Board members to be elected, must be signed;
4. that a request in writing can be submitted only within two weeks since the date of the notice the company Election Committee; the last day of the period shall be indicated;
5. the minimum number of voters, their shareholding of the vote is required;
6 that a decision on the direct election of the Supervisory Board of workers only by a majority of the votes can be taken;
7. the address of the corporate selection board.
Sentences 1 and 2 shall also apply if according to the provisions of this regulation are already selected delegates, whose term is not yet finished at the beginning of the term of Office of the Supervisory Board of the workers to be elected.
(3) the corporate Election Committee shall send the notice the electoral boards of the operating and inform in writing the time them, has to be done by the from the publication in the plants. The notice is carried to the election management until the announcement of the election ausschreibens according to section 39 or section 59. The operation Selection Board noted the first and the last day of this period on the notice.
(4) the company Election Committee shall send the notice the company and trade unions represented in the company immediately after its adoption.

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

15 vote negotiation letter (1) a valid request has been § § 14, so the company Election Committee shall adopt a voting Committee Letter immediately. The vote should take place within two weeks since the date for the announcement of the vote ausschreibens.
(2) voting evaluator writing must contain the following information: 1 the for the notice given time;
2. the content of the application;
3. that only workers and workers can take part in the vote, which are registered in the electoral register;
4. the minimum number of voters, their shareholding of the vote is required;
5. that the decision only with the majority of the votes can be taken;
6. the day or days of voting.
(3) the corporate Election Committee will send voting Committee writing the operating selection boards and inform in writing the time them, from as the voting Committee writing in the enterprises is to make known. Each operation Election Committee completed voting Committee writing the following information: 1. place and time of voting and the counting of the public vote.
2. the reference to the possibility of written voting as well as the operating parts, micro-enterprises and farms, for which written voting is decided according to § 19 para 3;
3. that appeals and other declarations to the operating selection board to dispose of are;
4. the address of the operating selection board.
(4) the operating selection board discloses the voting Committee writing up to the end of the voting and noted on the voting Committee writing the first and the last day of the notice. § 13 para 4 shall apply accordingly.

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

Section 17 to take appropriate action for the unobserved marking of the ballot in the election voting procedure (1) which has operating Electoral Committee and for the provision of a ballot box or multiple choice polls. The ballot box must be sealed by the election management and set up that the cast a ballot can be taken out not without that the ballot box is opened.
(2) during the vote, at least two members of the operation Election Committee in the election must be present; Electoral and election officials have been appointed, the presence of a member of operation selection board and a Wahlhelferin or a helper of choice is sufficient.
(3) the tuning person marks their ballots unobserved and folds it in such a way that their voice is not recognizable. It specifies its name, then throws the folded ballot paper into the ballot box after voting in the voters list has been noted.
(4) a person who is impaired as a result of his disability in voting, can determine a person of his confidence, which should help him in voting, and communicated this to the Election Committee. Persons who are candidates at the election, members of the Election Committee as well as electoral and election officials must not be used for the assistance. The assistance is limited to the fulfilment of the wishes of the voters or the voter to vote; the person of trust may seek the election cell together with the voters or the voters. She is obliged to maintain secrecy of knowledge who has attained his assistance to vote. Sentences 1 to 4 shall apply mutatis mutandis for voters who cannot read.
(5) is interrupted the voting or the counting of the vote is not immediately after the vote, the election management in the meantime has to seal the ballot box and to be kept, that the throw or the removal of ballot boxes without damage of the closure is impossible. When reopening the vote or sampling the ballots to the counting of the vote of the Election Committee of the operation has to convince that the CAP is intact.

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

Requirements written voting (1) unwillingness that prevented at the time of the vote because of absence of the operation are article 19, to cast their vote personally, the operation choice on request 1 Board vote evaluator writing, 2. the ballots and the election envelope, 3. a pre-printed, issuing from the voting person to explanation, to the operating selection board to assure is that the ballots personally has been featured , and 4. a larger envelope, the address of the operating selection board and handed over as sender bears the name and address of the voters and the note "Written vote", or to send. The operation selection board should the voters in addition a leaflet about the manner in which written voting (§ 19 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents in the voters list.
(2) Abstimmungsberechtigte, of which the operating selection board is known that they will be present at the time of the vote according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of voters.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are geographically far away from the main operation, 2 for companies, where the majority of voters to the written voting is entitled pursuant to paragraph 2, and where the remaining minority constitutes not more than a total of 25 Abstimmungsberechtigte.
Paragraph 2 shall apply accordingly.
(4) the company Election Committee shall send the documents referred to in paragraph 1 for the written vote the operating selection boards on request.

Article 20 procedure written voting (1) voting is carried out in such a way that the tuning person 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelope seals that voting is only visible after unfolding the ballot;
2. the pre-printed statement, specifying the place and date of signing and 3 covers the election envelope and the signed preprinted explanation in the envelope and on the choice of management submits this choice letter in sufficient time or passes that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee voting in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.

Section 21 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and determines how many votes for and how many votes against the motion was submitted.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot box, the ballots are counted simply if they match completely, otherwise they are invalid.
(4) with the use of voting machines operating Election Committee determines the number of by reading off the counters for the application and the number of votes cast against the motion, as well as the number of invalid votes.

Section 22 voting transcript of the operation (1) Election Committee after the counting of the vote of the election management notes in a transcript: 1. the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the number of votes cast for the application;
6. the number of votes cast against the motion;
7. special incidents occurred during the voting or other events.
(2) the operating Election Committee shall transmit the voting minutes corporate Election Committee immediately enrolled, by telex or by Messenger or Messenger.

Section 23 assessment of the vote, voting transcript of corporate Election Committee the corporate Selection Board determined the vote by the voting records of operation selection boards and notes in a transcript: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the number of votes cast for the application;
6. the number of votes cast against the motion;
7. the result of the vote;
8. special incidents occurred during the voting or other events.

Section 24 notice of the vote the corporate Election Committee submitted the vote result the operating selection boards. Each management choice makes known the outcome of the vote for a period of two weeks in the same way as voting Committee writing.
Section 3 allocation of seats, election proposals under section 1 allocation of seats of the company members Supervisory Board of workers article 25 allocation of seats the company members Supervisory Board of workers (1) which provides corporate Election Committee seats the company members Supervisory Board of workers on which in section 3 para 1 No. 1 of the Act designated employee and the officers firmly.
(2) the calculation on which in section 3 para 1 No. 1 of the Act designated employees and the Supervisory Board attributable officers takes place according to the principles of proportional representation. This figures no. 1 of the Act workers referred to and the senior executives of the company in a number side by side provided in article 3, paragraph 1 and divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size maps, how to choose company members Supervisory Board of workers. That in article 3, paragraph 1 No. 1 of the Act get so many supervisory board seats allocated, as quantitative they account for designated employee and the officers. If the lowest eligible maximum number no. 1 of the Act at the same time accounts for designated employees and the senior officers that in article 3, paragraph 1, the lot decides the seat falls to whom.
(3) would occupy after paragraph 2 on the officers at least a seat, so they get a seat; the number of seats of no. 1 of the Act reduced workers referred to in article 3, paragraph 1 accordingly.
Subsection 2 nominations section 26 notice of submission of proposals (1) the corporate Election Committee shall adopt at the same time with the notice according to § 13 a notice of the filing of nominations for the election of the Supervisory Board of workers. The notice must contain the following information: 1 the for the notice given time;
2. the number of members to be elected of employees separated by supervisory board members in article 3, paragraph 1, workers referred to, Supervisory Board of senior executives and supervisory board members, representatives or representatives of trade unions are the No. 1 of the Act;
3. that nominations for the election of the Supervisory Board of workers at the enterprise Election Committee six weeks since the date of the notice can be submitted in writing; the last day of the period shall be indicated;
4.
the minimum number of eligible designated workers, of which a proposal for supervisory board members Nr. 1 of the Act signed workers referred to in article 3, paragraph 1 must be; no. 1 of the Act in section 3, paragraph 1
5. that the nomination of the officers on the basis of voting proposals is provided by decision of voting officers in a secret ballot, and that a separate notice; adopted on this
6. that one proposal for supervisory board members who are representatives or representatives of trade unions, can be submitted only by a Trade Union represented within the company;
7. that, as far as for the members of the Supervisory Board § 3 ABS. 1 workers or the Supervisory Board of the officers referred to in no. 1 of the Act the only one proposal is made, the number of applicants and candidates in this election proposal must be twice as high as the number of supervisory board members, that no. 1 of the Act workers referred to or the executives accounted for that in article 3, paragraph 1;
8. that, as far as for the members of the Supervisory Board are the representatives or representatives of trade unions, only one proposal is made, the number of applicants and candidates in this election proposal must be at least twice as high as the number of men to elect representatives and representatives of trade unions;
9 that in every election proposal for each candidate or each candidate, a substitute member of the Supervisory Board may each be proposed and that for a candidate or a candidate, or a in article 3, paragraph 1 No. 1 of the Act of giving workers is only a in article 3, paragraph 1 No. 1 of the Act of giving workers and only a Senior Executive as a substitute member may be proposed for a senior staff;
10. that choosing a supervisory board member also the substitute member is proposed along with it is selected;
11. the address of the corporate selection board.
(2) the corporate Election Committee can summarize the announcements according to paragraph 1 and article 13 in a notice.
(3) the corporate Election Committee will send the announcement the operating selection boards and inform in writing the time them, to make them known in the plants is the off. Each operation Election Committee added the notice to the following information: 1 where and how the voters in the voter list, the Act and this regulation insight can; take
2. where and how the voters of the election proposals may become aware.
3. that appeals and other declarations to the operating selection board to dispose of are;
4. the address of the operating selection board.
(4) the operating Election Committee acquaints the announcement until the election of supervisory board members. The operation Selection Board noted the first and the last day of the notice on the notice.
(5) the company Election Committee shall send the notice the company and trade unions represented in the company immediately after its adoption.

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

§ 28 election proposals of trade unions (1) the election of the Supervisory Board, are the representatives or representatives of trade unions, the trade unions represented in the company can make nominations.
(2) any nomination of a Union must be signed by a responsible person of this Union, empowered. Section 27, paragraph 2, 4, 5 and 8 shall apply accordingly. Is only one proposal is submitted, so the number of applicants and applicants must be at least twice as high as the number of men to elect representatives and representatives of trade unions.
(3) § 27, paragraph 6 shall apply accordingly. That in paragraph 2 sentence 1 designated responsible person considered proposal representative. The Union can another as you name 1 designated person representing the proposal set in paragraph 2.

§ 29 election proposals for replacement of members (1) in every nomination can be proposed both a replacement member of the Supervisory Board for each candidate or each candidate. For an applicant or a candidate, or a in article 3, paragraph 1 No. 1 of the law of giving workers, can only one in article 3, paragraph 1 No. 1 of the Act of giving workers and proposes only a Senior Executive as an alternate member for an officers. For each candidate or each candidate only a substitute member may be proposed. An applicant or a candidate may be not proposed both as a member and as a replacement member of the Supervisory Board. § 27 para 8 shall apply accordingly.
(2) each Member of the proposed replacement is in the proposal, stating the surname, first name, date of birth, performing type of employment and operating next to the candidate or the candidate for which or for which it is proposed as a replacement member of the Supervisory Board. The proposal is marked to make, who as a member and who is proposed as a replacement member of the Supervisory Board. § 27, paragraph 5, sentence 2 shall apply accordingly.
Subsection 3 additional requirements for the nomination of officers section 30 notice of vote for the nomination of officers (1) the corporate Election Committee shall adopt at the same time with the notice according to § 13 a notice of the vote for the nomination of officers. The notice must contain the following information: 1 the for the notice given time;
2. the number of applicants and applicants must include the nomination of the officers;
3. that the nomination of the officers on the basis of voting proposals is posted by decision of voting officers in a secret ballot.
4. that in any voting proposal for each candidate or each candidate each a replacement member of the Supervisory Board may be proposed;
5. the minimum number of eligible officers, of whom a vote proposal for the vote of the senior executives must be signed;
6. the number of applicants and applicants can indicate any officers in the vote;
7.
that as applicants according to the order of them relating to the votes only so many officers be included in the proposal, as it must contain a total applicants and that vote decides the lot;
8 that the substitute members listed in the voting proposals along with the selected are included in the nomination of officers as substitute members of the Supervisory Board;
9. the time up to the voting proposals can be submitted for the vote of the senior staff at the corporate Election Committee;
10. the address of the corporate selection board;
11. that the officers in absentee voting;
12. the date the option letters the company Election Board must be up to the.
(2) the corporate Election Committee can summarize the notices according to paragraph 1, article 13 and article 26 in a notice.
(3) the corporate Election Committee will send the announcement the operating selection boards and inform in writing the time them, to make them known in the plants is the off. Each operation Election Committee added the notice to indicate where or how the voters of the voting proposals may become aware.
(4) § 26 para 4 and 5 is to apply accordingly.

§ Can propose the voting officers voting proposals 31 vote the officers (1) the decision on the nomination of officers. Each vote proposal must be signed by a twentieth, or 50 of eligible officers. Vote proposals are submitted in writing within a period to be determined by the company Election Committee the corporate selection board. The deadline will be two weeks. You begins with the time for the notice according to § 30.
(2) in every vote proposal a Senior Executive as a replacement member of the Supervisory Board can be proposed for each candidate or each candidate respectively. § 29 para 1 sentence 3 to 5 shall apply accordingly.
(3) in every voting proposal, applicants in recognizable order, stating by family name, first name, date of birth, performing type of employment and operating in continuous number and are. The written consent of applicants and candidates for inclusion in the consultation proposal, as well as the written assurance that they will accept the choice in the event of their choice, shall be attached. A substitute member is performing in the vote proposal next to the candidate or the candidate for which or for which it is proposed as a replacement member. The vote proposal is marked to make, who as a candidate or candidates and who is proposed as a replacement member. Alternate members are sentences 1 and 2 apply mutatis mutandis.
(4) the company Election Committee examines voting proposals. He sent the operating selection boards the valid vote proposals immediately. Each management choice makes known to the day, known is made of from the result of the vote after section 32 subsection 9 sentence 2 in operation; § 26 para 4 shall apply accordingly.
(5) no valid vote proposal is after expiry of the period referred to in paragraph 1, as the company Election Committee shall immediately inform the operating selection boards. Each management choice discloses this communication in the same way as voting proposals and calls on referring to the imminent expiration of the time limit to submit specific election proposals once again to submit voting proposals.

§ 32 vote the officers (1) which sets corporate Election Committee the day of the vote of the officers so tightly that the nomination of the officers no later than eight weeks since the date of the notice pursuant to section 26 exists.
(2) each Abstimmungsberechtigte can indicate overall so many applicants and applicants as applicants must include the nomination of the officers a total. A separate vote for a replacement member of the Supervisory Board is not allowed.
(3) the corporate selection board has applicants on the ballot indicating family name, first name, performing type of employment and operating with each other in alphabetical order. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description as any Abstimmungsberechtigte total can indicate many applicants and applicants. The ballots must all have the same size, color, texture, and lettering; the same applies to the choice envelopes.
(4) the tuning person marks which you selected by ticking in the places provided in the ballot. Ballots are invalid, more applicants and applicants are selected 1 where, as the tuning person votes, a unique will not arising 2. from which, 3 with a special feature are provided, the other than the information referred to in paragraph 3, an amendment or other amendments contain 4.
(5) the vote of the officers is carried out by the corporate Election Committee. The officers in absentee ballot vote on the voting proposals. Unless hereinafter otherwise regulated, are on the written vote §§ 17, 19 and 20 according to apply.
(6) immediately after the date to which the option letters the company Election Board must be, the corporate Election Committee counts out publicly the votes. After opening the ballot box, he takes the ballot the election envelopes and counts votes attributable to each candidate and each candidate. It is the validity of the ballot. Are several marked ballots in an election envelope, so will, if they fully match, only simply counted, otherwise invalid. On a ballot a candidate or a candidate repeatedly checked, this counts as one vote.
(7) as applicants, only so many officers in the proposal are recorded, as it must contain a total applicants according to the order of them relating to the votes. Vote, the lot decides.
(8) a candidate or a candidate in the nomination of the officers is recorded, the substitute member as their or its substitute member in the nomination of the officers listed in the voting proposal in addition to this candidate or that candidate is recorded.
(9) the company Election Committee delivered the electoral boards of the operating result of the vote and the names of recorded in the election proposal. Each management choice makes known the result of the vote and the name of the election proposal recorded in for the duration of two weeks; § 26 para 4 shall apply accordingly.

§ 33 vote minutes after the vote the corporate Selection Board notes in a transcript: 1. the number of the election envelopes;
2. the number of valid votes cast;
3. the number of invalid votes;
4. the numbers of votes attributable to the individual applicants or applicants;
5. the names of the applicants recorded in the nomination and candidate and alternate members;
6. special incidents occurred during the voting or other events.
Subsection 4 examination and notice of election proposals article 34 examination of election proposals (1) the corporate Election Committee the proposal representative confirmed in writing the date of submission of the election proposal.
(2) the corporate selection board referred to the nomination, if he is not provided with a password, with family name and first name of the applicant named in the first place or of the applicant named in the first place. He has immediately to consider the proposal and to inform the representatives of the proposal in writing, stating the reasons for invalidity or complaint.

§ 35 invalid election proposals (1) are not valid nominations, 1 which does not timely filed, 2. where applicants not in recognizable order lists, 3 No. 7 and 8 designated number of applicants contained not in section 26, paragraph 1, sentence 2, 4 of § 3 para 1 No. 1 of the Act workers referred to in, if they have not the required number of signatures when submitting , 5. the trade unions, if they are not signed by a responsible person authorised for this purpose.
(2) nominations, 1 in which applicants not in in section 27, paragraph 5, sentence 1 specific way referred to are, 2. the consent and insurance of applicants and applicants by article 27, paragraph 5, sentence 2 are not included, 3. that as a result of cuts in accordance with § 27 para 7 no longer exhibit the required number of signatures, will be void , if the corporate Election Committee has objected to it and the defects have been removed within one week since the complaint.

Article 36 deadline for nominations
(1) is after the deadline specific for the submission of nominations for a § 27 section 4 No. 1 and 3 designated ballot filed no valid nomination, so the corporate Election Committee adopts a notice immediately and sets a deadline of one week for the submission of nominations. The notice must contain the following information: 1 the for the notice given time;
2. that for the ballot no valid nomination is filed;
3. that election proposals within a grace period of one week since the date of the notice in writing can be submitted to the corporate selection board; the last day of the period shall be indicated;
4. that the ballot only can take place, if at least one valid proposal is submitted;
5. that, as far as no valid election proposal is submitted, the missing members of the Supervisory Board may be ordered by the Court.
(2) no valid nomination is filed until the end of the grace period for a ballot, so the corporate Selection Board makes known immediately, that the ballot will not take place.
(3) notices pursuant to paragraphs 1 and 2 is to apply section 26 para 3 to 5 according to.

Section 37 (1) notice of election proposals are for a ballot in which several supervisory of workers are to choose, several election proposals submitted, so determined the corporate selection board by lot after in section 27, paragraph 2, article 35, paragraph 2, and § 36 para 1 sentence 1 described the sequence of serial numbers deadlines, assigned to the submitted proposals (proposal 1, 2, etc.).
(2) no later than two weeks before the first day of voting are to make known the valid nominations in the plants. The corporate selection board sent the operating selection boards the valid election proposals and inform in writing the time them, from off the election proposals in the companies are known to make. Each management choice makes the election proposals, separated after ballots, known; § 26 para 4 and 5 shall apply accordingly.
Section 4 are applicable provisions of section 38 applicable provisions (1) to select the Supervisory Board of workers in direct election, the election procedure according to the provisions of Chapter 2 is governed (2) Supervisory Board members are workers by delegates to choose, so is more election proceedings under the provisions of Chapter 3 Chapter 2 direct election of supervisory board members of the employees section 1 election ausschreiben section 39 is choice ausschreiben (1) , the Supervisory Board of workers in direct election to choose are the corporate Election Committee adopts a choice ausschreiben. It must contain the following information: 1 the for the notice given time;
2. that the Supervisory Board of workers of all eligible voters in direct election to choose are;
3. that in the election and to vote only workers and employees can participate, which are registered in the electoral register;
4. the time to the election proposals can be submitted;
5. that the voting on nominations is bound and that only such nominations shall be considered which are filed on time;
6. the day or days of voting for the election of the Supervisory Board of workers;
7. the address of the corporate selection board.
(2) the corporate Election Committee will send the election ausschreiben the operating selection boards and inform in writing the time them, from off is to make it known to the companies. Each operation selection board supplemented the choice ausschreiben to the following information: 1 where and how the voters of the election proposals may; learn
2. place and time of voting and the counting of the public vote;
3. the reference to the possibility of written voting as well as the operating parts, micro-enterprises and farms, for which written voting is decided according to § 49 para 3;
4. that appeals and other declarations to the operating selection board to dispose of are;
5. the address of the operating selection board.
For the announcement of the election ausschreibens is to apply according to § 26 para 4 and 5.
Section 2 implementation the election under section 1 election of several members of Supervisory Board of workers in a vote on reason for multiple nominations section 40 voting, election process (1) are in a ballot to select several members of Supervisory Board of workers and there are several valid election proposals for this round, so her and the voters may vote only for one of these nominations the voters. Voting is done by delivery of ballots. The term of the ballot within the meaning of this chapter is determined according to § 27 para 4 (2) the corporate Election Committee has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, first name, performing type of employment and operating with each other; proposals, which are marked with a password, the password must be stated. The ballot should include specifying that only one proposal can be checked. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering. The ballots, which are used for a ballot, must differ from the ballot for the other ballots in color.
(3) the corporate Election Committee shall send the ballot the operating boards of election in time.
(4) the voters marks the of her and the voters the election proposal of his choice by ticking in the place provided in the ballot. For the electoral process the §§ 17 and 18 shall apply accordingly; the balloting is to indicate separately in the voters list for each ballot.
(5) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.

Article 41 public votes (1) immediately after counting votes of election management publicly the votes from.
(2) after the opening of the ballot box, takes the ballot the election management and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot box, the ballots are counted simply if they match completely, otherwise they are invalid.
(4) in the use of voting machines, section 21 (4) shall apply mutatis mutandis.

§ 42 election transcript of operating Election Committee (1) after the votes are tallied, the election management notes separately in a transcript for each ballot: 1. the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the numbers of votes attributable to the individual nominations;
6. special incidents occurred during the elections or other events.
(2) the operating Election Committee shall transmit the choice minutes the corporate Selection Board immediately upon counting of the vote enrolled, by telex or by Messenger or Messenger.
(3) the election management makes known the result of the votes.

§ 43 determination of selected (1) the corporate Selection Board determined on the basis of the election records of operation selection boards the election result.
(2) that are votes fallen to the specific proposals of the electoral in the ballot placed in a row and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size map, as in the election Supervisory Board members are to choose. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(3) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(4) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
(5) with the election of a candidate or a candidate, the replacement member of the supervisory board listed in the proposal in addition to the selected candidate or the selected candidate is selected.
Subsection 2 election of several members of Supervisory Board of workers in a vote due to only draft choice section 44 voting, election process
(1) several supervisory of workers are in a ballot to choose and is only a valid proposal for this round, so her and the voters may vote only for applicants listed in the proposal the female voter. A separate vote for a replacement member of the Supervisory Board is not allowed. Voting is done by delivery of ballots.
(2) the corporate selection board has applicants on the ballot indicating family name, first name, performing type of employment and operating with each other in the order in which they are named in the proposal. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description, as the voters or the voters as a whole can indicate many applicants and applicants. Article 40, paragraph 2, sentence 3 and 4 and paragraph 3 shall apply.
(3) the voters by her and the voters marks him chosen by check in the places provided in the ballot. Not more applicants and applicants may be marked, as in the election Supervisory Board members are to choose. Article 40, paragraph 4, sentence 2 shall apply accordingly.
(4) ballots are invalid, more applicants and applicants are selected 1 where, as in the election Supervisory Board members are to choose, a unique will not arising 2. from which, 3 with a special characteristic are containing the other than the information referred to in paragraph 2, an amendment or other amendments 4.

Article 45 public votes (1) immediately after counting votes of election management publicly the votes from.
(2) after the opening of the ballot box, takes the ballot the election management and separately counts votes attributable to each candidate or each candidate for every ballot. Article 41 paragraph 3 shall apply. On a ballot a candidate or a candidate repeatedly checked, this counts as one vote.
(3) for the use of voting machines, article 21 paragraph 4 shall apply mutatis mutandis.

§ 46 election transcript of the operating selection board after the votes are tallied, the election management determines separately in a transcript for every ballot: 1. the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the numbers of votes attributable to individual applicants;
6. special incidents occurred during the elections or other events.
§ 42 para 2 and 3 shall apply.

§ 47 investigation of selected corporate Selection Board determined on the basis of the election records of operation selection boards the number of votes attributable to the individual applicants or applicants. Total so many applicants and applicants are selected, as in the election Supervisory Board members to choose are according to the order of them relating to the votes. Vote, the lot decides. Article 43, paragraph 5 shall apply.
Subsection 3 choice of only a supervisory board member of workers in a ballot of section 48 is choice of only a supervisory board member of workers in a vote (1) in a ballot to choose only a member of the Board of workers, so her and the voters may vote the voters only for any of the proposed candidates or the proposed candidate. Article 44, paragraph 1, sentence 2 and 3 shall apply.
(2) is only a valid proposal, the corporate selection board has applicants on the ballot indicating family name, first name, performing type of employment and operating with each other in the order in which they are named in the proposal. There are several valid nominations, the corporate selection board has applicants on the ballot, stating the surname, first name, type of employment, perform operation, and password of the election proposal among themselves in alphabetical order. § 44 para 2 sentence 2 to 4 shall apply.
(3) by you and the voters marks the voters the person chosen by him by checking at the place provided in the ballot. There must be no more than an applicant or an applicant be ticked. Article 40, paragraph 4, sentence 2, article 44, para. 4, and sections 45 to 47 are to apply.
Unterabschnitt 4 written vote paragraph 49 is a registered voters, which prevented at the time of the election due to absence of the operating conditions (1), to cast his vote personally, has the operation Election Committee at his request 1 the choice ausschreiben, 2 for every ballot where he to take part is entitled to separately a) the election proposals, b) the ballots and the election envelope, 3. a pre-printed, the voters or voters to be explanation , to assure to the operating selection board is that the ballots personally has been identified, as well as a 4th larger envelope, the address of the operating selection board and handed over as sender bears the name and address of the electors and the note "Written vote", or to send. The operation selection board to the electors in addition a leaflet about the manner in which written voting (§ 50 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents for each ballot separately in the voters list.
(2) eligible voters, of which the operating selection board is known that they will be present at the time of the election according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of the electorate.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are geographically far away from the main operation, 2 for companies, where the majority of voters to the written voting is entitled pursuant to paragraph 2, and where the remaining minority constitutes not more than a total of 25 voters.
Paragraph 2 shall apply accordingly.
(4) the company Election Committee shall send the documents referred to in paragraph 1 for the written vote the operating selection boards on request.

§ 50 procedures in voting (1) voting is carried out in such a way that the voters or voters 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelopes seals that voting is only visible after unfolding the ballot;
2. the pre-printed statement, specifying the place and date of signing and 3 covers the election envelopes and the signed preprinted explanation in the envelope and on the choice of management submits this choice letter in sufficient time or passes that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee votes for each ballot separately in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.
Subsection 5 election transcript, notifications article 51 transcript of choice is, whoever is elected, is the corporate Election Committee in a transcript for each ballot separately determine: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. in proportional numbers of votes attributable to the individual nominations, which calculated quantitative and their distribution on the election proposals;
6. when election the number of votes attributable to the individual applicants or applicants;
7. the names of the elected members of the Supervisory Board;
8. the name of the substitute members elected for the individual members of the Supervisory Board;
9. special incidents occurred during the elections or other events.

§ 52 announcement of the election results, notification of selected (1) the corporate Election Committee transmitted the election results and the name of the selected operation selection board members. Each management choice discloses the election result and the names of the chosen immediately for the duration of two weeks.
(2) at the same time, the corporate selection board notified in writing the chosen of their choice and transmitted the election results and the name of the selected company and the trade unions represented within the company.

Section 53 of the offing storage
The corporate Election Committee and each operating Election Committee passed the offing the company. The company kept the offing for at least the duration of five years.
Chapter 3 election of supervisory board members of workers by delegates section 1 election of the delegates of subsection 1 delegates with multiple mandate section 54 no election of delegates to this subsection, if in the company for the election of the Supervisory Board of other company delegates with multiple mandate be elected (1) are the members of Supervisory Board of workers of the company by delegates to choose and the workers and workers at the election of the Supervisory Board of workers of other companies by delegates take part and have the operation selection board members pursuant to article 55 the third election rules to the codetermination Act decided that the delegates to be chosen in the company for the election of the Supervisory Board of another company choose also to be elected according to the provisions of this section Supervisory Board members of workers, so an election of delegates according to the provisions of this section does not take place.
(2) the corporate selection board shall issue a notice about this and they sent the operating selection boards. § 26 para 4 and 5 shall apply.

Article 55 delegates who will be elected at the same time, for the election of the Supervisory Board of other companies the workers and employees of the company also assume the election of supervisory board members of the employees of other companies part and the term of Office of the Supervisory Board of other companies not later than twelve months after the commencement of the term of Office of the Supervisory Board to be elected according to the provisions of this chapter, begins the corporate selection board can decide , that delegates to be elected at the election of supervisory board members of the employees of other companies participate, unless these are elected by delegates. The decision can be taken only before Decree of choice ausschreibens for the choice of delegates.
Subsection 2 introduction of the choice of article 56 calculation of the number of delegates (1) is, that the Supervisory Board of workers by delegates are to choose, so calculated the company Election Committee based on the voter lists sent to him by the operating selection boards for each operation separately the number of delegates to be elected in the operation as well as their distribution in section 3 para 1 employee and the officers designated no. 1 of the Act.
(2) for calculating the number of delegates to be elected in an operation, the number of voters of the operation is divided by 90. Part numbers are counted fully, if they amount to at least half of the full number.
(3) when calculating the in section 3 para 1 No. 1 of the Act designated employees and delegates attributable officers takes place according to the principles of proportional representation. Are the numbers no. 1 of the Act workers referred to and the senior staff of the operation in a series side by side provided in article 3, paragraph 1 and divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size maps, how to select delegates. That in article 3, paragraph 1 No. 1 of the Act get allocated so many delegates, such as quantitative they account for designated employee and the officers. If the lowest eligible maximum number no. 1 of the Act at the same time accounts for designated employees and the senior officers that in article 3, paragraph 1, the lot decides who falls to the delegates.
(4) the calculation pursuant to paragraph 3 in an operation that in article 3, paragraph 1 of the Act workers or the executives referred to no. 1 is as 1 to 25 delegates, will be reduced the number of delegates to be elected in section 3 para 1 No. 1 of the Act workers or the executives on the half; referred to these delegates will receive two votes;
2. 50 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a third; referred to in these delegates will receive three votes;
3. 75 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a quarter; referred to in these delegates will receive four votes;
4. 100 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a fifth; referred to in these delegates will receive five votes;
5. 125 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a sixth; referred to in these delegates will receive six votes;
6 150 delegates, so decreases the number of delegates to be elected the article 3 par. 1 No. 1 of the Act workers or the executives on a seventh; referred to in these delegates won seven votes.
Part numbers are counted fully, if they amount to at least half of the full number.
(5) at least nine delegates are in a mode to choose, so no. 1 of the Act is required designated employee and the officers at least per a delegate on that in article 3, paragraph 1; This does not apply, in the operation no. 1 of the Act described not more than five in section 3 para 1 workers or executives are entitled to vote. As far as the article 3, paragraph 1 of the Act workers referred to in no. 1 and the officers account for only pursuant to sentence 1 delegates the number of delegates of the operation increased accordingly.

§ 57 Association of workers and employees to other companies (1) no delegate is not required pursuant to § 56 in article 3, paragraph 1 of the Act workers or executives for a company called no. 1, so the corporate selection board removes these workers and workers in the him this copy of the voters list of the operation.
(2) the corporate selection board determines whether that delegates referred to in paragraph 1 from the voters list of the establishment trending workers and workers the choice to apply article 11 par. 3 and 4 of the act as workers and employees of the operation of the principal place of business of the company or as workers and workers of largest according to the number of voters operations of the company. The corporate selection board takes these workers and workers in the him on this copy of the voters list deemed its workers and workers for the election of delegates of the operation. According to the Association, no. 1 of the Act to calculate designated workers and the senior officers (article 56) is the number of the delegates of the affected companies and their distribution to that in article 3, paragraph 1.

Section 58 releases of the corporate selection board (1) the corporate Election Committee divides each operation Election Committee immediately after calculating the number of delegates (§ 56) or if an assignment (§ 57 par. 2) to another mode is done, immediately after establishing this association with: 1 that the Supervisory Board of workers by delegates are to choose;
2. a decision, moreover, that the delegates to be chosen to participate in the election of supervisory board members of the employees of other companies; the undertaking shall be indicated;
3. the number of delegates to be elected, separated after delegates of § 3 para 1 No. 1 of the Act referred to in workers and officers;
4. the family name and given name are workers and workers, according to § 57 para 1 from the voters list of the operation to delete the, as well as the operation, which they are associated;
5. the family name, given name and dates of birth of workers and employees, which according to article 57, paragraph 2, sentence 1 and 2 in the voters list of the operation to be separated, according to § 3 para 1 No. 1 of the Act referred to in workers and officers, as well as the operation, from its list of voters they have; been deleted
6. the time to which each management choice to communicate the outcome of the election of the delegates the company Election Committee has.
(2) the corporate Election Committee will send the management choice of operation, to remove voters from the voters list are a copy of his release, immediately (paragraph 1 No. 5) on the election management of operation, which are associated with these voters. The choice management of operation, from its list of voters eligible voters are to delete, and the election management of operation, which are associated with these voters make in paragraph 1 No. 5 known described communication in the same way as the choice ausschreiben for the choice of delegates (section 59).

Section 59 choice ausschreiben for the choice of delegates (1) without delay after receipt of the notification referred to in § 58 operating Election Committee shall adopt a choice ausschreiben for the choice of delegates. It must contain the following information: 1. the date of its adoption;
2. that the Supervisory Board of workers by delegates are to choose;
3.
whether the corporate Election Committee has decided pursuant to article 55 that the delegates to be elected; also take part in the election of supervisory board members of the employees of other companies the undertaking shall be indicated;
4. that in the election and to vote only workers and employees can participate, which are registered in the electoral register;
5. that the delegates be elected by all eligible voters.
6. the number of delegates to be elected, separately after delegates of § 3 para 1 No. 1 of the Act referred to in employees and delegates of the officers;
7. that election proposals for the election of delegates two weeks since adoption of the electoral ausschreibens in writing can be submitted in the election management; the last day of the period shall be indicated;
8 No. 1 of the Act workers of which a proposal for delegates who signed workers referred to in article 3, paragraph 1 No. 1 of the Act must be designated. the minimum number of voting in article 3, paragraph 1;
9. the minimum number of eligible officers, of which one proposal for delegates of the officers must be signed;
10. that the number of applicants and candidates in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot;
11. that the voting on nominations is bound and that only such nominations shall be considered which are timely filed with the electoral management;
12 that, if only one valid proposal is submitted for a ballot, so many of the candidates listed therein and applicants in the order selected considered, as in the round are delegates to choose;
13. where and how the voters of the election proposals may become aware.
14. place, day and time of voting for the election of delegates;
15. the place and the time of the public votes;
16. the note on the possibility of written voting as well as the operating parts, micro-enterprises and farms, for which written voting is decided according to § 69 paragraph 3;
17. that appeals, motions, election proposals for the election of delegates and other declarations to the operating selection board to dispose of are;
18. the address of the operating selection board.
For the announcement of the election ausschreibens is to apply according to § 26 para 4 and 5.
(2) election within the meaning of this section is 1 the election of delegates of § 3 para 1 No. 1 of the Act workers, 2. referred to in the election of the delegates of the officers.
Subsection 3 nominations for delegates § 60 election proposals (1) for the election of delegates to the electors of the operation make election proposals. Any proposal for delegated 1 which in section 3 para 1 No. 1 of the Act must be designated employees of a twentieth or 50 of voting in article 3, paragraph 1 No. 1 of the Act must be designated employee, 2. the officers of a twentieth, or 50 of voting officers of the operation signed? The election proposals are submitted in writing within two weeks since adoption of the choice ausschreibens for the choice of the delegates in the election management. The number of applicants and candidates in each election proposal should be at least twice as high as the number of delegates to be elected in the ballot.
(2) in every election proposal are applicants in recognizable order under continuous number and indicating family name, first name, performing birth date and type of employment. The written consent of applicants and candidates for inclusion in the proposal and their written assurance that they will accept the choice in the event of their choice, shall be attached.
(3) for each proposal, one of signatories should be known as proposal representatives. This is entitled and obliged to submit the declarations required to eliminate complaints to the election management, as well as to receive declarations and decisions of the operating selection board. No proposal representative is explicitly been intended, so that or the first signatory representing the proposal is considered.
(4) the signature of a voter ranks only on a nomination. A voter signed several nominations, he has prompted the operating selection board within a reasonable period, within three working days, to explain what signature he maintains. The timely declaration is omitted so his name on the first submitted nomination is counted and deleted on the other proposals; are multiple nominations, which are signed by the same voters, has been filed at the same time, so the lot decides on what election proposals, the signature is.
(5) an applicant or a candidate can be proposed only on a nomination. Is the name of this person with their written consent (paragraph 2 sentence 2) listed on multiple nominations, so she has to within prompted the operation Election Committee three working days explain what application is maintaining it. Is not the timely declaration, the applicant or the applicant on all nominations to delete.

Article 61 examination of election proposals (1) the operating Election Committee proposal representative confirmed in writing the date of submission of the election proposal.
(2) the operating selection board referred to the nomination, if he is not provided with a password, with family name and first name of the applicant named in the first place or of the applicant named in the first place. He has immediately to consider the proposal and to inform the representatives of the proposal in writing, stating the reasons for invalidity or complaint.

§ 62 invalid election proposals (1) are invalid election proposals, 1 which does not timely filed, 2. where applicants not in recognizable order are listed, that not the required number 3 when submitting signatures.
(2) nominations, 1 in which applicants not in in section 60, paragraph 2, sentence 1 specific way referred to are, 2. the consent and insurance of applicants and applicants by section 60, paragraph 2, sentence 2 are not included, 3. that as a result of cuts in accordance with § 60 para 4 no longer exhibit the required number of signatures, will be void , if the operating Election Committee has objected to it and the deficiencies have been eliminated within three working days since the complaint.

§ 63 grace period for election proposals (1) no valid nomination is submitted after expiry of the period specific for the submission of nominations for a ballot, so adopts the operating selection board a notice without delay and shall set a deadline by one week for submission of nominations. The notice must contain the following information: 1. the date of their adoption;
2. that for the ballot no valid nomination is filed;
3. that election proposals within a grace period of one week since adoption of the notice in writing can be submitted in the election management; the last day of the period is to give.
(2) no valid nomination is filed until the end of the grace period for a ballot, so the election management makes known immediately, that the ballot will not take place.
(3) notices pursuant to paragraphs 1 and 2 is to apply according to § 26 para 4 and 5.

Section 64 notice of election proposals (1) multiple choice proposals are submitted so determined the management of choice by lot after in section 60, subsection 1, sentence 3, section 62, paragraph 2, and article 63, paragraph 1, sentence 1 described the sequence of serial numbers allocated to the submitted proposals deadlines for a ballot (proposal 1, 2, etc.). The proposal are to invite to the Los decision in time.
(2) no later than two weeks before the first day of voting the election management makes separated the valid election proposals, after ballots, similarly known as the choice ausschreiben for the choice of delegates. Only a valid proposal exists for a ballot, so the management of choice in the notice indicates, that so many of the candidates listed therein and applicants in the order are thought to be elected in the ballot, delegates are to choose.
Subsection 4 of delegates in a ballot due to multiple nominations section 65 voting, election process (1) several valid election proposals for a ballot choice, so her and the voters may vote only for one of these nominations the female voter. Voting is done by delivery of ballots.
(2) the operating Election Board has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, list name and type of employment with each other; proposals, which are marked with a password, the password must be stated. The ballot should include specifying that only one proposal can be checked. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering. The ballots, which are used for a ballot, must differ from the ballot for the other ballots in color.
(3) the voters marks the of her and the voters the election proposal of his choice by ticking in the place provided in the ballot. For the electoral process the §§ 17 and 18 shall apply accordingly; the balloting is to indicate separately in the voters list for each ballot.
(4) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.

Section 66 public votes (1) immediately after counting votes of election management publicly the voices out.
(2) after the opening of the ballot box, takes the ballot the election management and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. An election envelope with several marked ballots is located in the ballot box, the ballots are counted simply if they match completely, otherwise they are invalid.
(4) in the use of voting machines, section 21 (4) shall apply mutatis mutandis.

Section 67 discovery of the chosen (1) that are votes fallen to the specific proposals of the electoral in the ballot in a series placed and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. So found part numbers are singled out as many quantitative and size maps, how to choose delegates on the ballot. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(2) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(3) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
Subsection 5 determination of delegates if there is only a choice proposal for a ballot of § 68 identification of delegates if there is only a choice proposal for a ballot (1) only a valid proposal exists for a ballot, shall apply as many of the candidates listed therein and applicants in the order specified in the election proposal as elected as delegates on the ballot to choose.
(2) the operating Selection Board notes immediately after the election of the delegates which delegates are referred to in paragraph 1 as chosen.
Unterabschnitt 6 written vote section 69 is a voter, which prevented at the time of the election due to absence of the operating conditions (1), to cast his vote personally, has the operation Election Committee at his request 1 the choice ausschreiben, 2 for every ballot where he to take part is entitled to separately a) the election proposals, b) the ballots and the election envelope, 3. a pre-printed, the voters or voters to be explanation , to assure to the operating selection board is that the ballots personally has been identified, as well as a 4th larger envelope, the address of the operating selection board and handed over as sender bears the name and address of the electors and the note "Written vote", or to send. The operation selection board to the electors in addition a leaflet about the manner in which written voting (§ 70 para 1) hand over or send. The operation Selection Board noted the delivery or sending of the documents for each ballot separately in the voters list.
(2) eligible voters, of which the operating selection board is known that they will be present at the time of the election according to the nature of their employment relationship not expected to be in operation (in particular in the field, with telecommuting and work at home employees), as well as workers and workers who are assigned to operation according to section 57, subsection 2, receive the documents referred to in paragraph 1, without the need for a desire of the electorate.
(3) the operating selection board can decide the written vote 1 operating parts and micro-enterprises, which are geographically far away from the main operation, 2 for companies, where the majority of voters to the written voting is entitled pursuant to paragraph 2, and where the remaining minority constitutes not more than a total of 25 voters.
Paragraph 2 shall apply accordingly.

Article 70 procedures in voting (1) voting is carried out in such a way that the voters or voters 1 unobserved personally marks the ballot and so you folds and in the corresponding election envelopes seals that voting is only visible after unfolding the ballot;
2. the pre-printed statement, specifying the place and date of signing and 3 covers the election envelopes and the signed preprinted explanation in the envelope and on the choice of management submits this choice letter in sufficient time or passes that he exists prior to the conclusion of the voting.
(2) immediately before the conclusion of the voting opens the option letters received up to that point the operating Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. Is the written vote is properly done, noted the operation Election Committee votes for each ballot separately in the voters list, opens the election envelopes and places the ballot in the ballot box. Several marked ballots, are located in an election envelope set in the election envelope in the ballot box.
(3) the operation Election Committee with a note about the date on which takes delayed incoming election letters unopened to the ballots. Election letters one month after announcement of the results of the election of the Supervisory Board of workers are unopened to destroy if the election has not been challenged.
Subsection 7 election transcript, notifications section 71 choice transcript (1) after it is determined who is as delegate is selected, the operating Election Committee in a transcript for each ballot separately firmly: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. the numbers of votes attributable to the various electoral proposals, the calculated maximum and their distribution on the election proposals;
6. the proposal, whose applicants and applicants are considered elected (article 68);
7 for each proposal, the names and addresses of a separately) the elected delegates, b) the substitute delegates in the order of their naming;
8. special incidents occurred during the elections or other events.
(2) the operating Election Committee shall transmit the choice minutes corporate Election Committee immediately enrolled, by telex or by Messenger or Messenger.

§ 72 notice of the election result, notification of selected (1) which makes operating Election Committee announced the election result and the names of those elected without delay for a period of two weeks.
(2) at the same time, the operating selection board notified in writing the chosen of their choice. The delegates have a multiple mandate, pursuant to article 55 this is so in the notice to specify.
Subsection 8 exception § 73 not applicable exception that provisions of subsections 1 to 7 on farms, in accordance with the provisions of this regulation or, under the conditions referred to in article 54, paragraph 1, according to the regulations of the third electoral code to the codetermination Act delegates are already chosen, whose term has not yet ended (section 13 of the Act) at the beginning of the term of Office of the Supervisory Board of the workers to be elected.
Section 2 election of the Supervisory Board of workers by the delegates under section 1 of delegates, delegate list section 74 (1) delegates the delegates elect the Supervisory Board members of workers in a meeting (delegates). It is managed by the corporate Election Committee.
(2) the corporate selection board determines the day of the meeting. She will take place no later than four weeks after the date until to operating election boards article 58, paragraph 1 No. 6 to communicate the results of the election of the delegates had the corporate selection board after. No delegates in the company are to be selected (article 54), the Assembly of delegates shall take place no later than four weeks before the beginning of the term of Office of the Supervisory Board of the workers to be elected.

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

§ 76 objections against the correctness of the delegate list (1) objections against the correctness of the list of the delegates may be lodged before the start of voting at the company Election Committee.
(2) referred to in paragraph 1 the corporate Election Committee decides appeals immediately. An objection is justified, the corporate selection board corrected the list of delegates. The corporate Election Committee shall inform his decision to the person who filed an objection.
(3) before the start of voting, the corporate selection board should check the delegates list their correctness. In addition, the delegates list for spelling mistakes, obvious mistakes or in completion in due time the appeals can be corrected or supplemented before beginning the vote.
Subsection 2 message to delegates § 77 notice to delegates (1) who shares corporate Election Committee each delegates no later than two weeks prior to the date of the Assembly of delegates with: 1. that at the election and votes only delegates can participate, which are registered in the list of delegates.
2. that enables the consultation of the delegate list, the Act and this regulation in the Congress of delegates;
3. that objections against the correctness of the delegate list before the start of voting at the corporate selection board can be inserted;
4. that the Supervisory Board of workers of all the delegates be chosen;
5. how many votes are to the delegates;
6. that the voting on nominations is bound;
7. place, date and time of the Assembly of delegates and the public votes;
8. the address of the corporate selection board.
The communication shall be made in writing against acknowledgement or by registered letter.
(2) the corporate selection board shall send copies of the message the operation selection boards, the company and the trade unions represented in the company referred to in paragraph 1.
(3) the corporate Selection Board notes that the term of Office of a delegate 1. resignation of the Office, 2. by termination of employment of the delegates in the operation, whose Delegierter he is terminated prematurely 3. due to loss of eligibility (§ 14 para 1 of the Act) or that he is prevented (§ 14 para 2 sentence 1 of the law), he informed the replacement delegates (§ 14 para 2 sentence 2 of the Act) in the same way as the delegates.
(4) a delegate determines that he is prevented, so he shall inform the management choice. A management choice determines that the term of Office of a delegate is prematurely terminated or that he is prevented, so he communicates this corporate Election Committee.
Subsection 3 election of several members of Supervisory Board of workers in a ballot due to multiple nominations section 78 are voting, election process (1) in a ballot to select several members of Supervisory Board of workers and there are several valid election proposals for this round, so the delegates can vote only for one of these electoral proposals. Voting is done by delivery of ballots. A delegate has several votes, so he gives off a ballot for every vote. The term of the ballot within the meaning of this section is determined according to § 27 para 4 (2) the corporate Election Committee has the election proposals on the ballot according to the order of the serial numbers, as well as stating the applicants named in first and second place and candidates with family name, first name, performing type of employment and operating with each other; proposals, which are marked with a password, the password must be stated. The ballot should contain the indication that the delegate may indicate only a proposal. The ballots, which are used for the same ballot, must all have the same size, color, texture, and lettering; the same applies to the electoral envelopes, if election envelopes are used. The ballot papers and election envelopes, which are used for a ballot, must differ from the ballot boxes intended for the other ballots and election envelopes in colour.
(3) the delegates characterized crosses in the place provided in the ballot the election proposal selected by him. For the electoral process the §§ 17 and 18 shall apply accordingly; the balloting is to note: in the list of delegates for each ballot and for each voice separately.
(4) ballots, 1 in which more than one proposal is selected, a unique will not arising 2. make, 3 these motors are equipped with a special feature, the other than the information referred to in paragraph 2, an amendment or other amendments contain 4 are invalid.
(5) the corporate selection board can decide to apply article 17 paragraph 3 with the proviso that unfolded ballots and election envelopes in the ballot box to throw are, if the intended method of counting of the vote requires unfolded ballots.

Section 79 public votes (1) immediately after counting votes of corporate Election Committee publicly the votes out.
(2) after the opening of the ballot box, takes the corporate selection board the ballots and counts vote attributable to each nomination for each ballot separately.
(3) at the counting of the is to check the validity of the ballot. Election envelopes are used and several marked ballots, are located in an election envelope so they they will, if they fully match, only simply counted, otherwise invalid.
(4) in the use of voting machines, section 21 (4) shall apply mutatis mutandis.

Section 80 determination of selected (1) that are votes fallen to the specific proposals of the electoral in the ballot in a series placed and all divided by 1, 2, 3, 4, and so on. The determined part numbers are successively rows perform under the number of the first row to higher part numbers come from previous series for the assignment of seats be considered as no longer arise. Under the so found part numbers, so many quantitative are singled out and size map, as in the election Supervisory Board members are to choose. Each proposal gets so many seats allocated, as quantitative accounted for him. If the lowest considering upcoming maximum number at the same time accounts for multiple nominations, so the lot decides this seat falls to what election proposal.
(2) If an election proposal as a whole contains fewer applicants and applicants, as quota accounts for him, so go the surplus seats on the following quota of the other nominations of the same ballot.
(3) the order of applicants and candidates within the individual nominations shall be determined according to the order of their naming.
(4) with the election of a candidate or a candidate, the replacement member of the supervisory board listed in the proposal in addition to the selected candidate or the selected candidate is selected.
Subsection 4 election of several members of Supervisory Board of workers in a vote due to only draft article 81 electoral votes, election process (1) are in a ballot to select several members of Supervisory Board of workers and only one valid proposal exists for this round, so the delegates can vote only for applicants listed in the nomination. A separate vote for a replacement member of the Supervisory Board is not allowed. Voting is done by delivery of ballots. A delegate has several votes, so he gives off a ballot for every vote.
(2) the corporate selection board has applicants on the ballot indicating family name, first name, performing type of employment and operating with each other in the order in which they are named in the proposal. The substitute member proposed for a candidate or a candidate is on the ballot next to the candidate or the candidate list; Sentence 1 shall apply accordingly. The ballot should include a description how the delegate can indicate many applicants and applicants. Article 78, paragraph 2, sentence 3 and 4 shall apply.
(3) the delegates marks the selected by ticking in the places provided in the ballot. He can tick no more applicants and applicants as supervisory board members in the vote to choose. Section 78, paragraph 3, sentence 2 shall apply accordingly.
(4) ballots are invalid, more applicants and applicants are selected 1 where, as in the election Supervisory Board members are to choose, a unique will not arising 2. from which, 3 with a special characteristic are containing the other than the information referred to in paragraph 2, an amendment or other amendments 4.
(5) section 78 para 5 shall apply.

Article 82 public votes (1) immediately after counting votes of corporate Election Committee publicly the voices out.
(2) after the opening of the ballot box, takes the corporate selection board the ballots and counts for each ballot separately votes attributable to each candidate or each candidate. § 79 para 3 shall apply. On a ballot a candidate or a candidate repeatedly checked, this counts as one vote.
(3) for the use of voting machines, article 21 paragraph 4 shall apply mutatis mutandis.

Section 83 investigation of selected so many applicants and applicants are selected, as in the election Supervisory Board members to choose are according to the order of them relating to the votes. Vote, the lot decides. § 80 paragraph 4 shall apply.
Subsection 5 choice of only a supervisory board member of workers in a ballot of section 84 is choice of only a supervisory board member of workers in a vote (1) in a ballot to choose only a member of the Board of workers, so the delegates can vote only for any of the proposed candidates or the proposed candidate. § 81 paragraph 1 sentence 2 to 4 shall apply.
(2) is only a valid proposal, the corporate selection board has applicants on the ballot indicating family name, first name, performing type of employment and operating with each other in the order in which they are named in the proposal. There are several valid nominations, the corporate selection board has applicants on the ballot, stating the surname, first name, type of employment, perform operation, and password of the election proposal among themselves in alphabetical order. § 81 para 2 sentence 2 to 4 shall apply.
(3) the delegates characterized crosses in the place provided in the ballot the candidate chosen by him or the candidate of his choice. He may no longer apply as a candidate or a candidate. Section 78, paragraph 3, sentence 2 and para 5, § 81 paragraph 4 and the sections 82 and 83 are to apply.
Subsection 6 election transcript, notifications section 85 election transcript is, whoever is elected, is the corporate Election Committee in a transcript for each ballot separately determine: 1 the number of votes cast on voting machines.
2. the number of total votes;
3. the number of valid votes;
4. the number of invalid votes;
5. in proportional numbers of votes attributable to the individual nominations, which calculated quantitative and their distribution on the election proposals;
6. when election the number of votes attributable to the individual applicants or applicants;
7. the names of the elected members of the Supervisory Board;
8. the name of the substitute members elected for the individual members of the Supervisory Board;
9. special incidents occurred during the elections or other events.

§ 86 notice of the election result, notification of selected (1) which gives corporate Election Committee the election result and the names of those elected in the Delegate Assembly known.
(2) the corporate Election Committee transmitted the election results and the name of the selected the operating selection boards. Each management choice discloses the election result and the names of the chosen immediately for the duration of two weeks.
(3) at the same time, the corporate selection board notified in writing the chosen of their choice and transmitted the election results and the name of the selected company and the trade unions represented within the company.

§ 87 storage of the offing of corporate Election Committee and each operating Election Committee passed the offing the company. The company kept the offing for at least the duration of five years.
Part common rules § 88 2 dismissal of supervisory of workers Chapter 1 introduction of the appeal procedure (1) with the Central Works Council writing request for dismissal of a supervisory board member who is workers pursuant to § 23 para 1 of the Act.
(2) without delay after receipt of an application for dismissal of corporate Election Committee is made, unless the application obviously does not meet the requirements referred to in section 23 subsection 1 sentence 2 of the Act.
(3) for the tasks, the formation, composition and the management of the election boards are the articles 3 to 7 apply mutatis mutandis; the communication of the corporate selection board according to § 6 must contain also the contents of the request for dismissal. The company has the corporate Election Committee in the election of the Supervisory Board Member, whose dismissing is requested to pass created offing.

§ 89 workers and workers will list the eligible sought the dismissal of a company-affiliated supervisory board member of workers, so a list of electors is situated in each operating immediately after the formation of the operating selection board, which are eligible to apply after section 23 subsection 1 sentence 2 of the Act for the removal of this supervisory board member. The §§ 8 to 12 shall apply accordingly; the notice must contain the content of the request for dismissal according to § 9 par. 2 and 3.

Article 90 examination of the request for dismissal (1) the corporate selection board forthwith after sending the list of eligible workers and workers the validity of the request for dismissal.
(2) If a request is invalid, so the company Election Committee shall inform the application representative or, if one is not named, or the signatory in the first place and the operating boards of election in writing with. Each management choice makes known the communication for a period of two weeks.

Section 91 applicable provisions (1) is a valid request, so the corporate selection board determines whether the Supervisory Board, the dismissing is requested, has been elected in direct election or by delegates.
(2) so the dismissal procedure is the Supervisory Board, which is already applied, dismissing elected in direct election, is governed under the provisions of Chapter 2 (3) the Supervisory Board, the dismissing is requested, is elected by delegates, so the dismissal procedure aimed according to the rules of Chapter 3 Chapter 2 vote on the dismissal of a supervisory board member of workers § 92 chosen in close election recall Committee Letter , Voters list (1) the corporate Election Committee shall adopt immediately a dismissal letter of negotiation. The vote will take place four weeks since the date for the announcement of the appeal of writing.
(2) the recall Committee letter must contain the following information: 1 the for the notice given time;
2. the content of the application;
3. the designation of the applicant entity;
4. the number of workers and workers who have signed the application;
5. that only workers and workers can take part in the vote, which are registered in the electoral register;
6. that the decision on the dismissal is needed a majority of three quarters of the votes;
7. the day or days of voting.
For the notice of the appeal of writing no. 1 to 3 and § 26 para 4 and 5 are § 15 para 3 apply mutatis mutandis.
(3) in every a list of voters of the operation (selection list) set for the dismissal without delay. Sections 8, 9, 11 and 12 are apply mutatis mutandis with the proviso that by way of derogation from section 8, subsection 1, sentence 1 separation the voters list is not required.

§ 93 files (1) for the vote, vote, vote apply articles 16 to 23.
(2) the corporate Election Committee transmitted the outcome of the vote in writing 1 the operating selection boards, 2. the Supervisory Board Member, voted about his dismissal, 3. the Union, which has submitted a request for dismissal (section 23 subsection 1 sentence 2 No. 3 of the Act), 4th company.
Article 90, paragraph 2, sentence 2 shall apply.
(3) on the files created in connection with a request for dismissal is to apply article 53 according to.
Chapter 3 vote on the dismissal of a supervisory board member of § 94 workers selected by delegates delegates list of corporate Election Committee provides for the recall immediately a list of delegates (delegates list). Section 8, subsection 1, sentence 2 and 3, para. 3 and 5, article 75, paragraph 2 and 3 and section 76 are apply mutatis mutandis.

Section 95 delegates, communication of corporate Election Committee to the delegates
(1) the delegates will vote on the request for dismissal in a meeting (delegates). The Assembly of delegates will take place six weeks later after determining that there is a valid request for dismissal of a supervisory board member of employees elected by delegates.
(2) the corporate Election Committee shall convene the delegates in writing against acknowledgement or by registered letter to the delegates; § 77 para 2 to 4 shall apply accordingly. The communication should be sent pursuant to sentence 1 no later than two weeks prior to the delegates meeting delegates.
(3) the notice must contain the following information: 1. the content of the application;
2. the designation of the applicant entity;
3. the number of workers and workers who have signed the application;
4. that only delegates can participate in the vote, which are registered in the list of delegates;
5. that enables the consultation of the delegate list, the Act and this regulation in the Congress of delegates;
6. that objections against the correctness of the delegate list before the start of voting at the corporate selection board can be inserted;
7. that the decision on the dismissal is needed a majority of three quarters of the votes;
8. how many votes are to the delegates;
9. place, date and time of the Assembly of delegates and the public votes;
10 the address of the corporate selection board.

§ 96 vote, vote, files for the vote, the result of the vote, and the storage of files are article 16 par. 1 and 3, §§ 17, 18, 21, 23 and 78 para 1 sentence 3 and paragraph 5 as well as the sections 79, 86 and 93 par. 2 and 3 according to apply set 3 and 4, paragraph 2.
Chapter 4 substitute members § 97 are substitute members for the dismissal of substitute members (§ 23 para 4 of the Act) to apply the provisions of chapters 1 to 3 according to.
Part 1 introduction of choice, vote on the type of election, election proposals article 98 introduction of choice (1) is the period referred to in section 2, subsection 1, sentence 1 3 special rules for the election and dismissal of supervisory board members of employees for participation of workers and employees of a maritime operation Chapter 1 election of supervisory board members of the employees section 46 weeks extended.
(2) in the section 2 designated notice is to specify separately the number of employees and workers who are employed in the maritime operation (§ 34 paragraph 1 of the law).
(3) for the operation of the Lake, a management choice is not made. The corporate Election Committee performs the duties of operation selection board resulting from this regulation in the Lake. For the application of § 4 paragraph 5 remains the Lake operating out of consideration.
(4) communications, to make known the Lake are, will send the corporate selection board any ship belonging to the maritime operation and it tells the time off they disseminate are on the ship. Releases of the Board representation or, if one does not exist in such the master are known to do. The first and the last day of the notice are to be noted on the release.
(5) the company Election Committee shall send a copy of the voters list of the Sea operation, the Act and this Regulation any ship belonging to the maritime operation. Their inspection of the Board representation or, if one does not exist in those of the captain is to allow. The consultation allows the voters of place on board and using the existing operating information and means of communication which is accessible through interpretation of appropriate. Also, the corporate selection board sent the voters list of maritime operations the management choice of country operations, who is responsible for the Heuer conditions of workers and employees of maritime operations. This management option allows the inspection of the voter list of maritime operations in the same way as in the voters list referred to in article 8.
(6) in the Lake operating, section 9, paragraph 2 and 3 shall not apply. Corporate Election Committee sent a notice in the Lake operating simultaneously with the voters list. It must contain the following information: 1. the date of their dispatch.
2. the names of members of the corporate selection board and his address;
3. that allows the inspection of the voters list of the Sea operation, the Act and this regulation on board;
4. the inspection of the voter list of Lake operation in country mode, which is responsible for the Heuer conditions of workers and employees of maritime operations, permit;
5. that appeals against the accuracy of the voters list from only four weeks since their dispatch in writing may be lodged at the corporate Election Committee; the last day of the period shall be indicated;
6. that appeals against corrections and additions to the voters list by just over four weeks can be inserted for the correction or addition.
7. that in the election and vote only workers and employees can participate, which are registered in the voters list.
(7) in the sea mode, section 10 shall not apply. By way of derogation from article 12, paragraph 1 an against the accuracy of the voters list four weeks since their dispatch to the ships can to appeal in Lake operation 1;
2. against a correction or addition to the list of voters of four weeks to appeal since the correction or supplement.

§ 99 vote on the version of the selected workers and workers of the Sea operation take a vote about whether the election by delegates directly or should be, not part and stay for the calculation of the required for the submission and the voting numbers of workers and workers not taken into consideration (§ 34 paragraph 4 of the Act); in the notice according to § 13 and in the voting Committee letter according to § 15 is to point this out. The §§ 13 to 24 are not to apply to the operation of the Lake.

Section 100 notice of submission of proposals (1) disclosure pursuant to section 26 para 1 must contain in also following the Lake operating information: 1 the consultation; enables by the captain in the voters list of the Sea operation, the Act and this regulation every ship of maritime operations by the Board representation or, if one does not exist in such
2. the inspection of the voter list of Lake operation in country mode, which is responsible for the Heuer conditions of workers and employees of maritime operations, permit;
3. that the election proposals on every ship of sea operations of the Board representation or, if one does not exist in such known are made by the captain.
(2) is extended in § 26 para 1 sentence 2 No. 3 and referred to in section 27, paragraph 2 deadline for the submission of nominations eleven weeks.
(3) section 26, paragraph 3, sentence 2 and paragraph 4 shall not apply in the sea mode; Article 26, paragraph 3, sentence 1 shall apply accordingly; Section 98 subsection 4 shall apply.
(4) the minimum period referred to in section 37, paragraph 2, sentence 1 for the notice of nominations is extended to three weeks. Is to provide that the corporate selection board extend the minimum period referred to in sentence 1 between the notice of election proposals on board so can given time and the beginning of the vote in the country for a timely vote not enough workers and workers of the Sea operation, this minimum period to a maximum of five weeks. Article 26, paragraph 3, sentence 1 shall apply accordingly for the announcement of the election proposals in the maritime operation and article 98, paragraph 4 shall apply.

§ 101 additional provisions for the nomination of officers (1) that in § 31 para 1 sentence 4 designated deadline for submitting vote proposals is on five weeks extended. The corporate Election Committee shall send a copy of the notice every captain of the maritime operation. Section 30, paragraph 4 and article 31, paragraph 4, sentence 2 and 3 and paragraph 5 are not to apply in the sea mode; § 26 para 5 shall apply.
(2) by way of derogation from § 32 para 1, the corporate Election Committee the day of the vote of the officers so sets that the nomination of officers 28 weeks since for the notice according to § 30 can be given time.
Section 2 direct election of supervisory board members of the § 102 workers choice ausschreiben in maritime operation (1) the election ausschreiben to § 39 para 1 must contain in the Lake operating also the following information: 1. that choose the workers and employees of maritime operations in absentee voting;
2. the date the option letters the company Election Board must be up to the.
(2) for the announcement of the election ausschreibens in the Lake operating § 39 para 2 sentence 2 and 3 shall not apply; Article 26, paragraph 5 and article 98, paragraph 4 shall apply.

§ 103 voting in the election of the Supervisory Board members of workers (1) coordinate the workers and employees of maritime operations in the election of the Supervisory Board of workers in postal voting.
(2) at the same time with the dispatch of election proposals to the operating selection board members (§ 37 para 2 sentence 2) the corporate Election Committee will send a) each ship the documents required for voting in a number, that number rule manning at least exceeds 10 per cent, b) all workers and workers of maritime operations, of which it is known that they are not on board a ship , the documents required for voting, as well as a copy of the election ausschreibens.
The Board representation or, if one does not exist such that the captain has to hand over the documents required for voting each Member of the crew. The option letters of the crew members of a vessel shall be sent off as possible at the same time on the main Election Committee.
Section 3 election of supervisory board members the choice of delegates (1) In the Lake operating workers by delegates § 104 delegates not chosen. The §§ 54 to 73 are not to apply to the operation of the Lake.
(2) the employees and workers of the Sea operation immediately participate in the election of the Supervisory Board of workers.

§ 105 electoral ausschreiben in the Lake (1), that the Supervisory Board of workers by delegates are to choose, so the company Election Committee shall adopt a choice ausschreiben for the operation of the Lake. It must contain the following information: 1. that the members of Supervisory Board of workers; elected by delegates
2. that no delegates are elected in Lake operation;
3. that the workers and workers of the Sea operation immediately participate in the election of the Supervisory Board of workers;
4. that only workers and employees can participate in the election, which are registered in the electoral register of the Sea operation;
5. that the Supervisory Board of workers of all eligible voters of the maritime operation be selected;
6. that choose the workers and employees of maritime operations in absentee voting;
7. that each voter of ballots Lake operation receives for all ballots and that he can cast his vote for all ballots
8. that the voting on nominations is bound;
9. that the voice of a worker or a worker of see operating as a Neunzigstel the voice of delegates is counted;
10. the time to which the option letters must be the corporate selection board;
11. the address of the corporate selection board.
(2) § 26 para 5, § 39 para 2 sentence 1 and section 98 subsection 4 are apply mutatis mutandis.

Section 106 vote vote of workers and employees of maritime operations (1) workers and employees of maritime operations in the election of the Supervisory Board of workers in postal voting. The sections 49 and 50 shall apply accordingly.
(2) at the same time with the dispatch of election proposals to the operating selection board members (§ 37 para 2 sentence 2) the corporate selection board sent the documentation required for the election of the Supervisory Board of workers; each ship Section 103, paragraph 2 shall apply accordingly. The choice of letters must be the corporate Election Committee until the expiry of the day preceding the meeting.
(3) by way of derogation from section 74, paragraph 2, sentence 2, the delegates six weeks after sending the documents required for voting should take place. To get that this time for a proper vote of the workers and employees of maritime operations is not sufficient, so the company Election Committee can extend them to no more than nine weeks.
(4) the rules on voting and the electoral process (paragraphs 78, 81 and 84) are on the workers and employees of maritime operations with the following provisions apply mutatis mutandis: 1 in the place of the delegates are electors of the maritime operation.
2. the election envelopes of voters and voters of the maritime operation be placed in a separate ballot.
(5) the rules on the counting of the votes (§§ 79 and 82) are on the workers and employees of maritime operations with the following provisions apply mutatis mutandis: 1 the voices of voters and voters of maritime operations will be separately counted.
2. each 90 of these votes are counted as one vote of delegates. 90 votes are not achieved, at least 45 votes as a voice of delegates are counted. More than 90 votes counts a rest of at least 45 votes as a voice of a delegate. The votes calculated in this way each counted the number of votes of the votes cast by the delegates on the ballot for the election proposal.

§ Is § 85 107 transcript of choice for the transcript of the election does not apply. Is, whoever is elected, the corporate Selection Board notes separately in a transcript for every ballot: 1 the number of a) election envelopes given by the delegates, b) election envelopes entered into by the employees and workers of the maritime operation.
2. the number of a) by the delegated the valid votes, b) from the employees and workers of the Sea operation valid votes;
3. the number of a) by the delegated the invalid votes, b) from the employees and workers of the Sea operation invalid votes;
4. in proportional representation a) the numbers of attributable to the various electoral proposals voices of the delegates, b) the numbers of attributable to the various electoral proposals voices of workers and employees of maritime operations and the conversion of these voices on voices of delegates pursuant to section 106, para 5 No. 2, c) the sums of the attributable to the individual nominations vote of the delegates and the converted voice of workers and employees of maritime operations , d) the calculated maximum and their distribution on the election proposals;
5. choosing a majority) the numbers of attributable to the individual applicants or candidates votes of the delegates, b) the numbers of attributable to the individual applicants or candidates votes of workers and employees of maritime operations and the conversion of these voices on voices of delegates pursuant to section 106, subsection 5 No. 2, c) the totals of the attributable to the individual applicants or candidates vote of the delegates and the converted voice of workers and employees of maritime operations;
6. the names of the elected members of the Supervisory Board;
7. the name of the substitute members elected for the individual members of the Supervisory Board;
8. special incidents occurred during the elections or other events.
Chapter 2 dismissal of supervisory board members of the employees section 1 common regulation § 108 Regulation (1) for the maritime operation is an operation Election Committee is not formed. The corporate Election Committee performs the duties of operation selection board resulting from this regulation in the Lake. The sections 5 and 6 are by way of derogation from article 88, paragraph 3, sentence 1 on Lake operation not to apply paragraph 2; for the application of § 4 paragraph 5 remains the Lake operating out of consideration. In sea mode, it is to apply section 98 paragraph 6 sentence 1 according to. section 10 shall not apply.
(2) for messages that are known to make the Lake operating, article 98, paragraph 4 shall apply.
Section 2 vote on the dismissal of a supervisory board member of section 109 workers elected in direct election recall Committee writing for maritime operation, voters list (1) the time limit referred to in article 92, paragraph 1, sentence 2 is extended to six weeks.
(2) the recall Committee letter must also contain the referred to in article 102, paragraph 1 to § 92 Lake operation.
(3) § 98 para 5 and 7 shall apply mutatis mutandis.

Section 110 voting the workers and employees of maritime operations in absentee vote. Section 103, paragraph 2 shall apply accordingly.
Section vote on the dismissal of a supervisory board member of section 111 workers selected by delegates direct voting, voter list, message to delegates (1) that take workers and workers of maritime operations in the vote on a request for dismissal immediately part 3.
(2) at the same time with the delegates list referred to in section 94, a list of the unwillingness of the Sea operation is situated; Article 92 para. 3 and article 98 para 5 to 7 shall apply accordingly.
(3) the period referred to in section 95, paragraph 1, sentence 2 is extended to eleven weeks. Article 106, paragraph 3, sentence 2 is to apply accordingly subject to the proviso that the company Election Committee can extend the period to a maximum of 14 weeks.

§ 112 dismissal evaluator writing in the Lake operating no later than eight weeks prior to the delegates meeting the corporate Election Committee adopts a letter of dismissal negotiation for maritime operation. § 92 para 2 sentence 1, Nos. 3, 6 and 9 to 11 and paragraph 2 are section 105, paragraph 1, sentence 2 apply mutatis mutandis.

§ 113 vote, notice of the voting results that match workers and workers of the Sea operation in absentee ballot from. Section 103, paragraph 2 shall apply accordingly. The sections 19, 20 and 96 are the workers of maritime operations with the following provisions apply mutatis mutandis: 1 in the place of the delegates are electors of the maritime operation.
2. this voting election envelopes are placed in a separate ballot box.
3. the votes of this vote be counted separately.
4. per 90 of these votes are counted as one vote of delegates. 90 votes are not achieved, at least 45 votes as a voice of delegates are counted. More than 90 votes counts a rest of at least 45 votes as a voice of a delegate.
5. for the voting minutes § 107 clause 2 is no. 1 to 3, 5, 6 and 8 to apply.
Part 4 transitional and final provisions § 114 first-time application of the law on a company (1) at the first application of the law on a company has to adopt the company the notice referred to in paragraph 2 immediately after the notification referred to in § 97 para 1 of the companies act on the composition of the Supervisory Board.
(2) the selection board members be formed immediately after the notice referred to in section 2. In any operation the voters list is situated immediately after the formation of the operating selection board; the §§ 8 to 12 shall apply.
(3) by way of derogation by section 13, paragraph 1, sentence 1, the corporate Election Committee should adopt the notices referred to in articles 13, 26 and 30 19 weeks before the expected start of the term of Office of the Supervisory Board of the workers to be elected. Also workers and workers participate in the choice one in section 34 (1) of the Act of referred to operation (see operation), so she extended in set 1 designated period to 42 weeks.

The sections 186 to 193 of the civil code § 115 are calculation of time-limits for the calculation of the time limits specified in this Regulation apply mutatis mutandis. Working days within the meaning of this regulation are the weekdays Monday to Friday except public holidays.

Section 116 on elections or recalled have been launched before 1 June 2002, the rules of the second electoral code to the co-determination Act of 23 June 1977 are transitional (BGBl. I S. 893), amended by article 2 of the regulation of 9 November 1990 (Federal Law Gazette I p. 2487), even after its expiry in accordance with section 40 paragraph 2 of the German co-determination Act of 4 May 1976 (BGBl. I p. 1153) , last by article 1 of the law of 23 March 2002 (Federal Law Gazette I p. 1130) has been amended is to apply.

§ 117 entry into force, expiry this regulation enter into force on the day after the announcement.