Second Election Rules To The Codetermination Act

Original Language Title: Zweite Wahlordnung zum Mitbestimmungsgesetz

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The Second Electoral Regulations to the Codetermination Act (2. WOMitbestG)

Non-tampering table of contents

2. WOMitbestG

Date of delivery: 27.05.2002

Full quote:

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

:Modified by Art. 2 V v. 10.10.2005 I 2927

For details, see the Notes

Footnote

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name="BJNR170800002BJNE000000000 " />Non-Official Table of Contents

Input Formula

Based on § 39 of the Co-Determination Act of 4. May 1976 (BGBl. I p. 1153) decrees the Federal Government: Non-official table of contents

Content overview

§ 1Scope
Part 1
Choice of members of the Supervisory Board of employees
Chapter 1
Introduction of the election, vote on the type of choice, election proposals
Section 1
  Introduction of choice
§ 2 Announcement of the Company
§ 3 Election board members
§ 4 Composition of the Management Board
§ 5 The composition of the operating selection board
§ 6 Contributor obligation
§ 7 Management of electoral boards
§ 8 Voter list
§ 9 Announcement on the formation of the electoral board and the voter list
§ 10 Change request
§ 11 Voting list
§ 12 objection against the veracity of the voters ' list
Section 2
voting type of choice
§ 13Notice
§ 14request to vote
§ 15Letter of reconciliation
§ 16Voting
§ 17Voting operation
§ 18Use of voting machines
§ 19Requirements of written vote
§ 20Method of voting in written form
§ 21Public Voting Count
§ 22Operating Voting Board Voting name
§ 23Determination of the voting result, voting record of the Enterprise Selection Board
§ 24 Announcement of Voting Results
Section 3
Distribution of seats, election suggestions
Subsection 1
Distribution of seats of the Employees ' Supervisory Board members of employees
§ 25 Distribution of seats of members of the employees ' members of the Supervisory Board of employees
Subsection 2
Election suggestions
§ 26Announcement on the submission of election proposals
§ 27Electoral proposals of the law in § 3 para. 1 no. 1 of the law employees
§ 28 Unions Election Proposals
§ 29 Election proposals for surrogate members
 Subsection 3
Additional rules for the executive election proposal
§ 30Notice of voting for the executive employee election proposal
§ 31Senior Executives Voting Suggestions
§ 32senior management vote
§ 33Voting transcript
subsection 4
Review and Announcement of Election Proposals
§ 34 Election Suggestions Review
§ 35 Invalid Election Suggestions
§ 36 Grace period for election proposals
§ 37 Announcement of Election Proposals
Section 4
 Regulations to apply
38Regulations to apply
Chapter 2
 Direct election of employees ' Supervisory Board members
Section 1
 Election Letter
§ 39Election Letter
Section 2
Implementation of the choice
Subsection 1
Election of several members of the Supervisory Board of employees in one ballot on the basis of multiple election proposals
§ 40Voting, voting
§ 41Public Voting Count
§ 42Operating Election Board Election address
§ 43Determination of the selected
subsection 2
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
§ 44 Voting, Election
§ 45Public Voting Count
§ 46Operating Voting Board Election number
§ 47 Determination of the selected
subsection 3
 Election of only one member of the Supervisory Board of employees in one ballot.
§ 48Election of only one member of the Supervisory Board of employees in a Ballot
Subsection 4
Written Voting
§ 49 Requirements
§ 50 Voting Method
Subsection 5
electoral transcript, notifications
§ 51 Election Address
§ 52Wahlergebase notice, notification of the selected
§ 53Wahlaked storage
Chapter 3
Election of Supervisory Board members of employees by delegates
Section 1
 Delegate choice
subsection 1
Delegate with multiple mandate
§ 54 No choice of delegates after this subsection, if delegates with multiple mandate are elected in the company for the election of supervisory board members of other companies
§ 55Delegate who is also responsible for the election of Supervisory Board members of others Enterprise choice
Subsection 2
Introduction of choice
§ 56 Number of Delegates
§ 57 Assignment of workers to other businesses
§ 58Company election board communications
§ 59 Election Letter for Delegate Election
  Subsection 3
Delegate Election proposals
§ 60Election Proposals Submission
§ 61Election Suggestions Review
§ 62Invalid election proposals
§ 63Election Proposals Grace Period
§ 64Announcement of election proposals
Subsection 4
Election of delegates in one ballot due to multiple election proposals
§ 65Voting, voting
§ 66Public Voting Count
§ 67Determination of the selected
subsection 5
Identification of delegates when there is only one voting proposal for a ballot box
§ 68Determination of delegates in the event of only one election proposal for a Ballot
Subsection 6
Written Voting
§ 69 Requirements
§ 70 Voting Method
Subsection 7
Election, Notifications
§ 71Electoral inscription
§ 72WahlergebResult Notice, Notification of Selected
Subsection 8
Exception
§ 73 Exception
Section 2
 delegates ' choice of members of the Supervisory Board by the delegates
Subsection 1
Delegate Assembly, Delegate List
§ 74 Delegate Assembly
§ 75 Delegate List
§ 76 Objections to the correctness of the delegate list
Subsection 2
Communication to Delegates
§ 77Communication to Delegates
  Subsection 3
Election of several members of the Supervisory Board of employees in a Ballot on the basis of multiple election proposals
§ 78 Voting, voting
§ 79 Public Voting Count
§ 80 Determination of the selected
subsection 4
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
§ 81Voting, voting
§ 82Public Voting Count
§ 83Determination of the selected
Subsection 5
 Election of only one member of the Supervisory Board of employees in one ballot
§ 84choice of only one Members of the Supervisory Board of employees in one ballot
Subsection 6
electoral transcript, notifications
§ 85 Election Address
§ 86Wahlergebase Notice, Notification of Selected
§ 87Wahlaked storage
Part 2
Disappointment of employees of the Supervisory Board
Chapter 1
Common Rules
§ 88 Initiation initiation initiation
§ 89 List of employees entitled to work
§ 90Examination request for dismise
§ 91Regulations to apply
Chapter 2
Voting on the convening of a member of the Supervisory Board of the employees elected by direct election
§ 92Disappointment Letter, Voter List
§ 93Voting, Voting Results, Files
Chapter 3
Voting on the convocation of a member of the Supervisory Board of the employees elected by a delegate.
§ 94Delegate List
§ 95 Assembly of Delegates, Communication of the Management Board to the Delegates
§ 96 Voting, Voting Results, Files
Chapter 4
Replacement members
§ 97 Replacement members
Part 3
Special provisions for the Election and the dismise of the members of the Supervisory Board of employees in the event of the participation of employees of a Maritime Workers ' Union
 Chapter 1
Choice of members of the Supervisory Board of employees
Section 1
Introduction of the election, vote on the type of choice, Election Suggestions
§ 98Introduction of the Choice
§ 99Voting on the type of Choice
§ 100Notice of the Submission of election proposals
§ 101 Additional Rules for Senior Employee Election Proposal
Section 2
Direct election of employees ' Supervisory Board members
§ 102Maritime Election Letter
§ 103voting in the election of the members of the Supervisory Board of workers
Section 3
delegates ' choice of members of the supervisory board by delegates
§ 104Delegate choice
§ 105Maritime Election Letter
§ 106Voting of employees of the sea-holding company
§ 107Election Address
Chapter 2
Disappointment of employees of the Supervisory Board
Section 1
Shared Rule
§ 108Shared Specification
Section 2
Voting on the convening of a member of the Supervisory Board of the employees elected in direct election
§ 109Letter of resignation for the seafarers, voter list
§ 110Voting
section 3
 Voting on the convening of a member of the Supervisory Board of the employees elected by Delegate
§ 111Direct vote, voter list, delegate message
§ 112Maritime seagoing letter
§ 113Voting, Notice Reconciliation result
Part 4
Transitions-and Final rules
§ 114First time Application of the law to a company
§ 115 Calculation of deadlines
§ 116 Transitional control
§ 117 Entry into force,
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§ 1 Scope

(1) Consists of a company in which: the employees according to Article 1 (1) of the Act have a right of participation, from several establishments, the election and the dismise of the members of the Supervisory Board of the employees of that undertaking shall be determined in accordance with the Provisions of this Regulation. If the employees of other companies also participate in the election or in the convocation according to § 4 or § 5 of the Act, they shall be determined in accordance with the provisions of the Third Electoral Regulations on the Codetermination Act.(2) The election of the members of the Supervisory Board of the employees shall be determined in accordance with the provisions of Part 1.(3) The dismissiation of members of the Supervisory Board of employees shall be determined in accordance with the provisions of Part 2.(4) In addition, the provisions of Part 3 shall apply to the election or to the convening of employees of a holding designated in section 34 (1) of the Law (Maritime Operation). name="BJNR170800002BJNG000100000 " />

Part 1
Workers ' choice of members of the Supervisory Board

Chapter 1
Introduction of the election, voting on the type of choice, election proposals

section 1
launch of choice

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§ 2 Notice of the company

(1) The company shall make known at the latest 23 weeks before the expected start of the term of office of the members of the Supervisory Board of the employees that the members of the Supervisory Board of the employees shall be elected . The notice shall also indicate:
1.
the expected start of the term of office of the elective Members of the Supervisory Board of employees;
2.
the number of members of the Supervisory Board to be elected;
3.
the addresses of the companies of the company. The addresses of the establishments of the undertaking may be omitted, provided that the addresses have already been disclosed in the case of the third sentence of paragraph 1;
4.
The number of employees generally employed in the enterprise.
The employees of the company also participate in the election of members of the Supervisory Board of other companies (§ § 54, 55) and the term of office of these members of the Supervisory Board shall not begin more than twelve months before or after the beginning of the term of office of the members of the Supervisory Board to be elected pursuant to this Regulation, this shall also be stated in the notice.(2) The notice may be made by means of a notice at one or more appropriate places accessible to the electorate in the undertakings of the undertaking and by the use of information and communication technology available in the company. The use of information and communication technology shall be permitted only if the addressee of this notice of information may become aware of the notice and arrangements have been made to ensure that only the company changes the Make notice.(3) At the same time as the contract notice is published, the company shall send a copy of the notice
1.
the General Works Council and the General Spokesman's Committee (Company Spokesperson Committee),
2.
the Works councils and speaker committees,
3.
the unions represented in the company,
4.
The representatives of the employees of the Federal Constitutional Court, established by collective agreement in accordance with Section 117 (2) sentence 1 of the Works Constitution Act Company.
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§ 3 Electoral Board members

(1) The timely initiation and implementation of the election as well as the Determination of the result of the election is the responsibility of the head of the company election.(2) In the individual establishments, the election is carried out on behalf of and in accordance with the guidelines of the Board of Management of the Board of Management by operating election board members.(3) Electoral members shall be formed without delay in accordance with the notice referred to in § 2. The sexes are to be represented according to their numerical ratio. Non-official table of contents

§ 4 Composition of the Management Board of Management

(1) The Executive Board of the Management Board is made up of three members. The General Works Council may increase the number of members if this is necessary for the proper implementation of the election. The head of the board of directors must consist of an odd number of members. Members of the Management Board may only be eligible for the company's voting rights.(2) In the Management Committee's Executive Committee, the employees referred to in the first sentence of Section 3 (1) of the Act and the senior executives shall be adequately represented. The head of the Management Committee must include at least one senior employee, if at least five eligible senior employees are employed in the enterprise.(3) For each member of the Management Board, a substitute member may be appointed in the event of his or her prevention.(4) The General Works Council shall appoint the members of the Executive Board of the Management Board who are employees referred to in Section 3 (1) (1) of the Act. If there is no complete works council, then these members of the Management Board are
1.
of Works council of the largest holding company in which an operating council exists, or,
2.
if there is no operating council in any operation, in accordance with the number of the most eligible holding companies in the an assembly of the employees referred to in Article 3 (1) (1) of the Act, of the largest holding according to the number of eligible voters, with the majority of the votes cast.
Operating constitutional law established by collective agreement for employees engaged in flight operations, the order shall be made jointly with this representation.(5) The Total Spokesperson Committee (Company Spokesperson Committee) shall appoint the members of the Management Board of the Board of Management who are members of the Executive Board of the Management Board. If there is no General Spokesperson's Committee (Business Spokesperson Committee), these members of the Management Board shall be
1.
appointed by the Speaker Committee of the largest holding in which a Spokesperson Committee exists, according to the number of eligible senior executives, or,
2.
if a spokesperson's committee does not exist in any operation, in a meeting of the chief executives of the largest holding according to the number of eligible senior employees of the majority of the votes cast.
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§ 5 Composition of the board of business voting

(1) The The board of directors consists of three members. The works council may increase the number of members if this is necessary for the proper implementation of the election. The operating election board must consist of an odd number of members. Members of the Management Board may only be entitled to vote in the holding.(2) In the case of the Chief Operating Officer, the employees referred to in Section 3 (1) (1) of the Act and the senior executives shall be adequately represented. If at least five persons entitled to vote are employed in the holding, at least one senior employee must be part of the head of the holding of the holding.(3) For each member of the Management Board, a substitute member may be appointed in the event of his or her prevention.(4) The works council appoints the members of the operating electoral board, which are employees referred to in section 3 (1) (1) of the law. If there is no works council, the members of the operating electoral board, referred to in the first sentence, shall be elected in a business meeting by a majority of the votes cast.(5) The members who are responsible for the management shall be appointed by the spokesperson's committee responsible for the operation. In the absence of a spokesperson's committee, the members of the board of directors referred to in the first sentence shall be elected by a majority of the votes cast in a meeting of the executive staff of the holding.(6) If, for a holding with no more than 45 persons entitled to vote within two weeks after the notice referred to in § 2, no management electoral officer is formed, the Management Electoral Officer shall instructs the Management Committee for this operation to: Head of operation of another establishment of the company with the performance of the tasks of the operating election board. The head of the operating election officer may decide that, in the holding for which no head of the holding has been established, the vote shall be taken in writing in the votes and elections referred to in Chapters 1 and 2. In the case of the second sentence, the persons entitled to vote in this establishment shall receive the documents referred to in Article 19 (1) for the written vote, without the need for a request; the letters referred to in § § 15 and 39 shall be the following: Additional information:
1.
that the written vote has been approved for the operation.
2.
the time at which the ballot letters must be received at the operating election board.
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§ 6 obligation to notify

(1) The head of the company's executive body shall immediately inform the company, the trade unions represented in the company, after it has been formed, and in writing, the names of its members and his address in writing.(2) Each Board of Management Board shall inform the Management Board of the Board of Management in writing, immediately after its formation, of the names of its members and of its address. Non-official table of contents

§ 7 Executive Board of the electoral boards

(1) Each electoral board elects a chairperson or a chair from among its members. Chairpersons and at least one deputy or deputy.(2) The electoral code may give a written order of procedure. The head of the board of directors may select the company's voting rights, the head of the company's board of directors may draw up a support for the holding of the holding as an election assistant.(3) The electoral board shall take its decisions with a simple majority of its members. A minutes shall be recorded at each meeting of the electoral board which shall contain at least the text of the decisions; in the case of decisions of the head of business of the electoral board on the registration of workers in the electoral list, as in § 3 In the minutes, paragraph 1 (1) of the Act, or as a senior employee, must also be noted in the minutes whether they have been taken without a vote against. Members of the electoral board, against whose votes a decision has been taken, may require that their dismise be noted in the transcript. The minutes shall be signed by the chairman or the chairman and another member of the electoral board; this shall also apply to notices, letters of writing and further minutes of the electoral board.(4) Notices of the electoral board can be made by means of a curtain and by the use of the information and communication technology available in the company. The slope shall be carried out at one or more appropriate places accessible to the eligible voters. It is to be preserved in a legible state. The use of information and communications technology shall be permitted only if the addressee's circle of information and communication can be informed of the notice and arrangements are made to ensure that only the electoral executive has made changes to the Make notice.(5) The Company shall support the electoral board in the performance of its duties and shall provide them with the necessary business needs.(6) The electoral board should ensure that foreign workers who are not proficient in the German language are given timely information on the occasion of the election, the electoral procedure, the votes, the list of voters and the list of voters, and the election of the election. the election proposals, the electoral process and the vote shall be informed in an appropriate manner. Non-official table of contents

§ 8 voters ' list

(1) The operating election board shall immediately post a list of eligible voters after it has been formed. Operating (voter list), separately in accordance with the employees referred to in section 3 (1) (1) of the law and the chief executives. The persons entitled to vote are to be listed in alphabetical order with the surname, first name and date of birth. The list of voters may be set up by using the information and communication technology available in the holding if arrangements are made so that only the electoral board can make changes in the voter list.(2) Each member of the Board of Management is obligated to ensure that the persons entitled to vote in the voters ' list are classified as appropriate in the employees according to § 3 (1) (1) of the Act and senior employees. Members of the Board of Management are to endeavour to take a decision without a vote against. If the Management Committee has taken exclusively decisions without a vote against it, § 10 shall not be applied.(3) The company shall provide the operating ballot board with all the information necessary for the preparation of the voter list and shall make available the necessary documents. It has to support the holding of the holding of the holding in particular in the division into employees according to § 3 (1) No. 1 of the law and senior employees.(4) The operating electoral board shall correct or supplement the voters ' list without delay when a worker or employee is
1.
going into or out of operation,
2.
the 18. Age completed or
3.
changes the property as employee or senior employee as referred to in section 3 (1) (1) of the law,
or if it is in change the conditions on which an entry is based on the voter list.(5) In elections and votes, only workers registered in the voters ' list may participate. Non-official table of contents

§ 9 Announcement on the formation of the electoral board and the voters 'list

(1) The inclusion in the voters' list, the Law and this Regulation shall be made possible without delay until the election of the Supervisory Board members of the employees. The voters ' list intended for inspection shall not include the date of birth of the persons entitled to vote. The inspection can be made possible by design at a suitable point in the operation and by the use of the information and communication technology available in operation.(2) At the same time, the Executive Board of Management shall make known the names of its members and his address and the address of the Management Board of the Management Board, with the possibility of taking the view into the voters ' list. The announcement shall be made from the date of its adoption until the conclusion of the election of the members of the Supervisory Board of the employees. On the notice of the announcement, the head of the operating election shall mark the first and last day of this period. The notice must also specify:
1.
the date of its adoption;
2.
where and how eligible voters can view the voters ' list, the law, and this regulation;
3.
that objections to the correctness of the voters ' list can only be made in writing at the operating election board within one week since the publication of the notice; the last day of the deadline to be specified;
4.
that objections to corrections and additions to the voters ' list only within a week since the rectification or the Can be added;
5.
that elections and votes can only be attended by workers entered in the voters ' list. .
(3) If the Chief Operating Officer has not exclusively referred to the list of voters in accordance with Section 8 (1) of the list of voters concerning the registration of persons entitled to vote as employees or senior executives referred to in § 3 (1) (1) of the Act If decisions are taken without a vote against, the notice referred to in paragraph 2 shall also contain the following information:
1.
that every employee has written the change in their own registration as in § within one week since the publication of the notice in writing by the company's electoral officer. 3 (1) No. 1 of the Law may require employees or senior employees on the voter's list; the last day of the period shall be indicated;
2.
that the to comply with the request for change as specified in paragraph 1, if a member of the operating electoral board agrees to the request;
3.
that the voter list is not correct only An appeal may be filed unless a change in the voter's list can be requested in accordance with point 1.
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§ 10 Change demand

(1) Each worker may, within a week since the publication of the notice pursuant to § 9 (2) and (3), require in writing from the operating election board that his or her own entry in the voters ' list be considered as Article 3 (1) (1) of the Act is subject to amendment of the law of the employee or of the senior employee.(2) The request for amendment referred to in paragraph 1 shall be met if a member of the holding electoral board agrees to the request. A consent in accordance with the first sentence may be granted only within one week after the expiry of the period specified in paragraph 1, and shall be declared in writing to the head of the holding of the holding.(3) In the event of a change in the registration in accordance with paragraph 2, the working court may be called upon by a member of the operating electoral board which has not agreed to the request for amendment. Non-official table of contents

§ 11 Send the voters ' list

(1) The operating ballot board shall immediately send the Board of Management members to the Board of Management. The expiry of the period specified in § 10 para. 1 shall be a copy of the voters ' list and shall inform him of the figures of the employees and senior employees referred to in Section 3 (1) (1) of the Act, as a rule employed in the holding. If the change of the voters ' list has been requested in accordance with Section 10 (1), the consignment shall be sent immediately after the expiry of the period specified in § 10 para. 2 sentence 2.(2) The Management Committee shall immediately inform the Management Committee of the corrections and additions to the voters ' list. Non-official table of contents

§ 12 Claims against the correctness of the voters 'list

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

Section 2
Voting on the type of choice

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§ 13 Announcement

(1) In a company with a total of no more than 8,000 employees in total, and Employees shall issue a notice to the Management Committee immediately after the voters ' lists have been sent. The notice must contain the following information:
1.
the notice specified for the notice. Time;
2.
that the members of the Supervisory Board of the employees are elected in the direct election, if not the electorate elects the election by delegates ,
3.
the minimum number of persons entitled to vote, a request to vote on the election of the members of the Supervisory Board of the employees by The following must be signed;
4.
that a request has been made in writing only within two weeks since the date specified for the contract notice. The last day of the deadline shall be stated;
5.
the minimum number of persons entitled to vote, whose participation in the vote ,
6.
that a decision on the election of the members of the Supervisory Board of the employees by delegates is taken only by a majority of the votes cast ,
7.
the address of the Management Board.
If, in accordance with the provisions of this Regulation, delegates have already been elected, their term of office at the beginning of the term of office shall be the term of office of the members of the Supervisory Board to be elected has not yet been completed, the notice shall contain the information referred to in the second sentence of paragraph 2.(2) In a company which generally has a total of more than 8,000 employees, the head of the Management Committee shall publish a notice on the date set out in the first sentence of paragraph 1. It must contain the following information:
1.
the notice specified for the notice. Time;
2.
that the members of the Supervisory Board of the employees are elected by delegates, if not the electorate elects the direct election ,
3.
the minimum number of persons entitled to vote, one of whom is to vote, on the fact that the members of the Supervisory Board of the employees are directly elected must be signed;
4.
that a request has been made in writing only within two weeks since the date specified for the contract notice. The last day of the deadline shall be stated;
5.
the minimum number of persons entitled to vote, whose participation in the vote ,
6.
that a decision on the direct election of the members of the Supervisory Board of the employees shall be taken only by a majority of the votes cast ,
7.
the address of the Management Board.
The sentences 1 and 2 shall also apply if, in accordance with the provisions of this Regulation, delegates are already , whose term of office has not yet been completed at the beginning of the term of office of the members of the Supervisory Board to be elected.(3) The Management Committee shall send the contract notice to the operating election directors and shall inform them in writing of the date from which the contract notice must be made in the establishments. The contract notice shall be published by the operating election officer until the announcement of the voter's letter of voting in accordance with § 39 or § 59. On the notice of the announcement, the head of the operating election shall mark the first and last day of this period.(4) The Management Committee shall send the notice immediately after it has been issued to the enterprise and to the trade unions represented in the enterprise. Non-official table of contents

§ 14 Request to vote

(1) In a company with a total of no more than 8,000 employees, and Employees may request a vote on the election of the members of the Supervisory Board of the employees by delegates. If the conditions referred to in Article 13 (1) sentence 3 are available, paragraph 2 shall apply.(2) In a company with as a rule more than 8,000 employees, a request for votes may be submitted that the members of the Supervisory Board of the employees should be elected in the immediate election; this shall also apply if the conditions laid down in Article 13 (2) sentence 3 are fulfilled.(3) A request for a vote shall be submitted in writing to the head of the election of the head of the company within two weeks since the date specified for the announcement according to § 13 of this Regulation. The head of the Management Committee shall examine the validity of the application immediately after receipt of an application.(4) A request for a vote shall be valid if it has been signed by at least one twentieth of the persons entitled to vote and submitted in due time.(5) If an application is invalid, the Management Committee shall inform the application representative or, if an application is not named, of the one or the first signatory to the applicant in writing. A non-official table of contents

§ 15 Voting Letter

(1) If a valid application is submitted in accordance with § 14, the Management Board of the Management Board shall issue a immediately, a letter of vote. The vote shall take place within two weeks since the date for the announcement of the voting time.(2) The voting record shall contain the following information:
1.
the notice specified for the notice Time;
2.
the content of the application;
3.
that only employees in the vote and employees who are registered in the voters ' list;
4.
the minimum number of eligible voters whose participation in the vote is required ;
5.
that the decision can only be taken by a majority of the votes cast;
6.
the day or the days of voting.
(3) The Company Elder shall send the ballot letter to the operating election directors and inform them in writing of the The date on which the letter of voting in the establishments shall be known from the date of the date of the vote. Each member of the Management Committee shall add the following information to the voting record:
1.
Location and time the vote and the public counting of votes;
2.
the reference to the possibility of a written vote as well as to the operating parts, micro-enterprises and Holdings for which a written vote in accordance with section 19 (3) has been decided;
3.
that any objections and other statements to be submitted to the operating election committee ,
4.
the address of the head of the board of operations.
(4) The head of the operating election shall disclose the letter of vote until the vote is completed; and shall record the first and last day of the contract notice on the date of the vote. Section 13 (4) shall apply accordingly. Non-official table of contents

§ 16 Voting levy

(1) The ballot papers for the vote may only be the request and the question to the voting rights whether they vote in favour of or against the motion. If the vote is to be cast for the application, the pre-printed "Yes" is to be crossed, otherwise the pre-printed "No" is to be crossed. The ballot papers for the vote must all have the same size, colour, texture and inscription.(2) The Management Committee shall send the ballot papers in good time to the holding election management.(3) ballot papers which are provided with a special feature or from which a clear will does not arise or which contain particulars other than those referred to in paragraph 1, an addition or any other modifications shall be invalid. Unofficial table of contents

§ 17 Voting operation

(1) The operating election Board has provided appropriate precautions for the unobased identification of the To make ballot papers in the electoral area and to ensure the provision of a ballot box or several ballot boxes. The ballot box must be closed by the head of the ballot box and be set up in such a way that the ballot papers that have been inserted cannot be removed without opening the urn.(2) During the vote, at least two members of the Executive Board of Management must be present in the electoral area; if election assistants are appointed, the presence of a member of the holding electoral board and an election worker shall be sufficient; or of an election worker.(3) The voting person shall not respect their ballot papers and faltet him in such a way that their voice is not recognizable. After that, she admits her name and throws the folded ballot into the ballot box after the ballot has been recorded in the voter's list.(4) If a person is affected by his or her disability in the vote, he/she may appoint a person of his or her confidence to assist him in the vote, and shall inform the Electoral Council accordingly. Persons applying to the election, members of the electoral board, and election helpers may not be used to provide assistance. The assistance shall be limited to the fulfilment of the voter's or voter's wishes; the person of the trust may, together with the voter or the voter, visit the electoral cell. It is obliged to maintain secrecy of the knowledge which it has acquired in the provision of assistance for the vote. The sentences 1 to 4 apply correspondingly to the reading of unblemy voters.(5) Where the vote is interrupted or the counting of votes is not effected immediately after the vote has been completed, the head of the holding of business shall, in the meantime, close the ballot box in such a way as to prevent the entry into the ballot box or the Removal of ballot papers without damage to the closure is impossible. In the event of a re-opening of the vote or the withdrawal of the ballot papers for the counting of votes, the head of the operating election has to be persuaded that the closure is unharbored. Non-official table of contents

§ 18 Use of voting machines

(1) For the submission and counting of votes, the ballot papers and ballot boxes may be replaced by ballot papers and ballot boxes. Optional devices are used. § 17 shall apply accordingly. In accordance with Article 2 (2) and (3) of the Federal Electoral Regulations, the voting machines must be suitable for the votes and elections for which they are used and shall comply with the directives on the type of voting equipment, provided that such equipment is used for the purpose of: do not include special rules for federal elections. Each voting device must be accompanied by an instruction manual and a declaration of conformity in accordance with section 2 (6) of the Federal Electoral Regulations.(2) The use of voting machines shall be admissible only if agreement has been reached between the Management Board and the Management Board. A non-official table of contents

§ 19 Conditions of written vote

(1) Voting entitled to vote at the time of the vote Absence from the holding shall be prevented from giving their vote in person, the operating electoral officer shall have at their request
1.
the voting record,
2.
the ballot paper and the ballot,
3.
a pre-printed statement to be issued by the voting person, in which the ballot paper has to be assured that the ballot has been personally marked with the ballot box , as well as
4.
a larger free-envelope, which shall be the address of the board of management and the consignor, the name and address of the person entitled to vote, and the Note "Written vote" shall be sent or
to the person in. The head of the holding of the holding of business shall also hand out or send to the persons entitled to vote a leaflet on the manner in which the written vote (§ 19 para. 1) is used. The head of the operating election shall note the handing over or the transmission of the documents in the voters ' list.Voting rights which are known to the works electoral board that they are not likely to be present in the holding at the time of the vote according to the nature of their employment relationship (in particular in the field of external service, with: The documents referred to in paragraph 1 shall be provided with the documents referred to in paragraph 1, without the need for the voting rights to be obtained.(3) The head of the operating election may decide to vote in writing
1.
for operating parts and Micro-enterprises, which are far from the main holding,
2.
for establishments in which the majority of the persons entitled to vote have a written vote in accordance with Paragraph 2 shall apply and in which the remaining minority shall not exceed 25 persons entitled to vote.
(2) shall apply accordingly.(4) The head of the Management Committee shall send the records of the written vote referred to in paragraph 1 to the holding of the holding of the holding of the holding on request. Non-official table of contents

§ 20 Procedure by written vote

(1) Voting is carried out in such a way that the person who is voting is
1.
personally identifies the ballot and thus folds and in the associated ballot Concludes that the ballot is only visible after the ballot paper has been folded apart;
2.
the pre-printed declaration stating the location and the date underwrites and
3.
closes the ballot and the signed pre-printed statement in the free-envelope and so on in time to the At the end of the voting, the head of the holding of the ballot box shall be sent or handed in.
(2) Immediately before the vote is completed, the Board of Management will open the public meeting until the end of the voting period. Ballot letters and the election envelopes as well as the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the ballot box shall record the vote in the voters ' list, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballots in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters shall be received by the head of the holding of the holding of the ballot box, with a note on the date of receipt, unopened to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested. Non-official table of contents

§ 21 Public Voting List

(1) immediately after the ballot has been completed, the operating election Board shall be counted publicly. the votes.(2) After the ballot box has been opened, the head of the ballot box shall take the ballot paper and determine how many votes for and how many votes have been cast against the motion.(3) In the case of counting, the validity of the ballot papers shall be considered. If there is a ballot with a number of marked ballot papers in the ballot box, the ballot papers will be counted simply if they are completely identical, otherwise they will be invalid.(4) In the case of the use of voting machines, the head of the operating election shall establish by reading the counting units the number of votes cast for the application and the number of votes cast against the application, as well as the number of invalid votes. Non-official table of contents

§ 22 Voting minutes of the operating election board

(1) According to the vote count, the operating election board in a record:
1.
the number of votes cast on voting machines;
2.
the total number of votes cast;
3.
the number of valid votes;
4.
the number of invalid votes;
5.
the number of votes cast for the application;
6.
the number of votes cast against the application;
7.
special during the vote Incidents or other events.
(2) The operating ballot board shall immediately transmit the voting document to the Management Committee, by telex or by Botin or Boten. A non-official table of contents

§ 23 Determination of the result of the vote, voting record of the head of the board of directors

The The head of the head of the company determines the result of the vote on the basis of the voting record of the heads of the operating elections and establishes in a minutes:
1.
the number of votes cast on voting machines;
2.
the total number of votes cast Voices;
3.
the number of valid votes;
4.
the number of invalid votes. Voices;
5.
the number of votes cast for the application;
6.
the number of votes cast against the Request for votes cast;
7.
the vote result;
8.
special during the Reconciliation of incidents or other events.
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§ 24 Announcement of the voting result

The head of the company election shall transmit the result of the vote to the holding of the election. Each member of the Management Committee shall disclose the result of the vote for a period of two weeks in the same manner as the voting record.

Section 3
Distribution of seats, election proposals

Subsection 1
Distribution of seats of employees ' members of the employees

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§ 25 Distribution of seats of the members of the employees ' members of the Supervisory Board of the employees

(1) The head office of the company is responsible for the distribution of seats the members of the Supervisory Board of the employees are determined by the employees referred to in Section 3 (1) (1) of the Act and the senior executives.(2) The calculation of the members of the Supervisory Board, referred to in Section 3 (1) (1) of the Act, and the members of the Supervisory Board who are responsible for the management of the employees, shall be based on the principles of proportional representation. To this end, the figures of the employees referred to in section 3 (1) (1) of the law and the company's senior staff members are placed side by side in a row, and both by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how members of the employees ' members of the employees are to be elected. The employees referred to in § 3 (1) (1) of the Act and the senior executives are assigned as many supervisory board seats as they do not have the highest number of seats. If the lowest possible maximum number is at the same time applicable to the employees referred to in section 3 (1) (1) of the law and the officers responsible for the law, the lot decides on whom the seat is to be granted.(3) If, in accordance with paragraph 2, the senior staff members do not have at least one seat, they shall receive a seat; the number of seats in the employee referred to in Article 3 (1) (1) of the law shall be reduced accordingly. name="BJNR170800002BJNG000700000 " />

Subsection 2
Election Proposals

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§ 26 Announcement on the Submission of nominations

election (1) At the same time, the Board of Directors of the Board of Management shall publish a notice on the submission of nominations for the election of members of the Supervisory Board of employees by means of the notice pursuant to section 13 of this article. The notice must contain the following information:
1.
the notice specified for the notice. Time;
2.
The number of members of the Supervisory Board to be elected, separated by members of the Supervisory Board, of the members of the Supervisory Board of the employees referred to in § 3 (1) (1) of the Act Employees, members of the Supervisory Board of senior executives and members of the Supervisory Board who are representatives of trade unions;
3.
Nominations for the election of members of the Supervisory Board of the employees of the Management Board within six weeks since the date specified for the notice may be submitted in writing; the last day of the period shall be:
4.
the minimum number of persons entitled to vote in Section 3 (1) (1) of the Act, of which an election proposal for members of the Supervisory Board of the must be signed in Section 3 (1) (1) of the Act;
5.
that the election proposal of the senior executives shall be based on the voting proposals shall be drawn up by a decision of the voting officers in secret ballot, and a separate notice shall be issued;
6.
that an election proposal for members of the Supervisory Board, which are representatives of trade unions, is submitted only by a union represented in the company ;
7.
that, insofar as the members of the Supervisory Board of the employees referred to in § 3 (1) (1) of the Act or the members of the Supervisory Board of the Executive Board of the Supervisory Board are responsible for The number of candidates in this election proposal must be twice as high as the number of members of the Supervisory Board who are subject to the employees referred to in Section 3 (1) (1) of the Law. or the executive staff;
8.
that, if the members of the Supervisory Board are the representatives of trade unions, only one nomination , the number of candidates in this election proposal must be at least twice as high as the number of representatives of trade unions to be elected;
9.
that in each nomination a substitute member of the Supervisory Board can be proposed for each applicant or for each applicant, and that for a candidate or a candidate Applicants who are a worker referred to in Article 3 (1) (1) of the Law, only one employee referred to in Article 3 (1) (1) of the Act and a senior employee only as a substitute member ,
10.
That if a member of the Supervisory Board is elected, the substitute member proposed together with him is also elected;
11.
the address of the Management Board.
(2) The Management Board of Management may summarize the notices referred to in paragraph 1 and section 13 in a notice.(3) The Management Committee shall send the contract notice to the operating election directors and inform them in writing of the date from which it is to be made known in the companies. Each member of the Management Committee shall supplement the notice with the following information:
1.
where and how the Eligible voters in the voters ' list, the law and this regulation;
2.
where and how voters are aware of the election proposals. ;
3.
that objections and other declarations are to be made to the head of the holding of operations;
4.
the address of the board of directors.
(4) The Executive Board of Management makes the announcement until the election of the members of the Supervisory Board is concluded. The head of the operating election shall, on the notice, record the first and the last day of the contract notice.(5) The Management Committee shall send the notice immediately after it has been issued to the enterprise and to the trade unions represented in the enterprise. Non-official table of contents

§ 27 Electoral proposals of the employees referred to in Article 3 (1) (1) of the Law.

(1) Members of the Supervisory Board of the employees referred to in Section 3 (1) (1) of the Act may make election proposals to employees entitled to vote in Section 3 (1) (1) of the Act. Each nomination must be signed by one-fifth or 100 of the entitled persons entitled to vote in Section 3 (1) (1) of the Act.(2) The election proposals shall be submitted in writing to the head of the Management Committee within six weeks of the date specified for the notice on the submission of nominations.(3) If only one nomination is submitted for a ballot, the number of candidates in this nomination shall be twice as high as the number of Supervisory Board members to be elected in that ballot.(4) Election within the meaning of this chapter is
1.
The election of the members of the Supervisory Board in accordance with § 3 (1) (1) (1) of the law,
2.
the election of the members of the executive board of directors,
3.
the choice of the members of the Supervisory Board, the representatives of trade unions.
(5) In each nomination, the candidates are in a recognizable position. Order under continuous number and with the name of the surname, first name, date of birth, type of employment and establishment. The written consent of the applicants for inclusion in the election proposal and their written assurance that they will accept the election in the event of their election shall be attached.(6) For each nomination, one or one of the undersigned shall be designated as the nomination representative. This is entitled and obligated to make the declarations required for the elimination of complaints to the Board of Management of the Management Board, as well as to accept statements and decisions of the Management Board of the Company. If no proposal representative has been expressly determined, the person or the first signatory shall be regarded as the representative of the proposal.(7) The signature of a person entitled to vote counts only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall, at the request of the Management Board, declare within a reasonable time, but no later than within a week, which signature he/she shall maintain. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations, signed by the same person entitled to vote, at the same time as: , the lot shall decide on which nomination the signature shall apply.(8) An applicant may be proposed only on an election proposal. If the name of the person is listed on a number of nominations with the written consent of the person (paragraph 5, second sentence), it shall, at the request of the Board of Management of the Management Board, explain within a week the application for which it is to apply. If the declaration is not made on time, the applicant must be deleted on all nominations. Non-official table of contents

§ 28 Electoral proposals of the unions

(1) On the election of members of the Supervisory Board, the representatives of Unions, the unions represented in the company can make election proposals.(2) Any nomination of a trade union must be signed by an authorised representative of that trade union. Section 27 (2), (4), (5) and (8) shall apply accordingly. If only one nomination is submitted, the number of candidates must be at least twice as high as the number of representatives to be elected and the representatives of trade unions.(3) § 27 (6) shall apply accordingly. The person responsible referred to in the first sentence of paragraph 2 shall be deemed to be the representative of the proposal. The trade union may designate a person other than the person referred to in the first sentence of paragraph 2 as a proposal representative. Non-official table of contents

§ 29 Election proposals for surrogate members

(1) Each nomination can be submitted to each candidate for or to each candidate in each case a substitute member of the Supervisory Board is proposed. For a candidate who is a worker referred to in Article 3 (1) (1) of the Act, only a worker referred to in Article 3 (1) (1) of the Act and a senior executive can only be a senior member of the Employees are proposed as a substitute member. Only one substitute member can be proposed for each applicant or each candidate. A candidate may not be proposed as a member of the Supervisory Board as a member or as a substitute member. Section 27 (8) shall apply accordingly.(2) Each proposed substitute member shall be listed in the election proposal, stating the surname, first name, date of birth, type of employment and establishment, in addition to the applicant, or the candidate for whom it is a substitute member of the Supervisory board is proposed. In the election proposal, it is to be identified who is proposed as a member and who is proposed as a substitute member of the Supervisory Board. Section 27 (5) sentence 2 shall apply accordingly.

Subsection 3
Additional provisions for the Executive Committee's nomination proposal

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§ 30 Notice of voting for the executive employee's nomination proposal

(1) The head of the company's Board of Management shall, at the same time, issue the Announcement according to § 13 a notice of voting for the election proposal of the senior executives. The notice must contain the following information:
1.
the notice specified for the notice. Time;
2.
The number of candidates who must include the executive employee's nomination;
3.
that the election proposal of the executive staff is drawn up in secret ballot due to voting proposals by the decision of the eligible senior executives. ;
4.
that each nominee for each candidate will propose a substitute member of the Supervisory Board for each of the candidates ,
5.
the minimum number of senior executives who are eligible to vote, of which a voting proposal for the voting of senior executives is signed
6.
The number of applicants that each senior employee can tick in the vote;
7.
that as candidates, only so many senior executives are included in the nomination as they are in the order of the total number of votes they are receiving. Candidates must be included in the vote;
8.
that the votes cast in the voting proposals together with the elected representatives shall be included in the election proposal of the senior executives as substitute members of the Supervisory Board;
9.
the date until the date of the Proposals for voting may be submitted for the vote of senior executives at the head of the head office;
10.
the address of the Company Election Board;
11.
That the chief executives vote in postal ballot;
12.
the time at which the ballot letters have to be received by the head of the company election.
(2) The Company Election Management Committee may make the notices referred to in paragraph 1, § 13 and § 26 in of a notice.(3) The Management Committee shall send the contract notice to the operating election directors and inform them in writing of the date from which it is to be made known in the companies. Each member of the Management Committee shall supplement the notice to indicate where or how the persons entitled to vote may be aware of the voting proposals.(4) § 26 (4) and (5) shall apply accordingly. Non-official table of contents

§ 31 Senior Executives Voting Proposals

(1) For the decision on the election proposal of the senior executives Employees may make voting proposals to the officers who are entitled to vote. Any proposal for a vote must be signed by one-twentieth or 50 of the executive officers entitled to vote. Voting proposals shall be submitted in writing to the Management Committee within a time limit to be determined by the head of the company's electoral system. The deadline is to be two weeks. It shall begin with the date specified for the contract notice pursuant to Section 30.(2) In each proposal for a voting, a senior employee may be proposed as a substitute member of the Supervisory Board for each applicant. Section 29 (1) sentences 3 to 5 shall apply accordingly.(3) In each proposal for voting, the candidates shall be listed in a recognizable order with consecutive numbers and with the name of the surname, first name, date of birth, type of employment and establishment. The written consent of the applicants for inclusion in the voting proposal as well as the written assurance that they will accept the election in the event of their election shall be attached. A substitute member shall be listed in the voting proposal in addition to the applicant for which or for which it is proposed as a substitute member. The voting proposal shall indicate who is proposed as a candidate or candidate and who is proposed as a substitute member. The sentences 1 and 2 shall apply mutatily to the replacement members.(4) The Management Committee shall examine the voting proposals. He shall immediately send the nominations for election to the holding of the election of the company. Each member of the holding of the holding shall make it known up to the day from which the result of the vote is made known in the holding pursuant to § 32 (9) sentence 2; Section 26 (4) shall be applied accordingly.(5) If, after the expiry of the period referred to in paragraph 1, no valid voting proposal has been submitted, the Management Committee shall immediately inform the holding of the election of the holding of the election. Each Member of the Management Committee shall communicate this communication in the same manner as voting proposals and, having regard to the forthcoming expiry of the time limit laid down for the submission of nominations, shall again call for votes to be made . Non-official table of contents

§ 32 Chief Executive Officer

(1) The Chief Executive Officer shall set the day of the vote of the Executive Board members. employees in such a way that the election proposal of the executive staff has been submitted at the latest eight weeks since the date specified for the contract notice pursuant to section 26.(2) Each person entitled to vote may tick as many applicants as a whole, as the election proposal of the executive staff in total must contain applicants. A separate vote for a substitute member of the Supervisory Board is not permitted.(3) The Board of Management of the Board of Management shall list the candidates on the ballot papers with the name of the surname, first name, type of employment and establishment in alphabetical order. The substitute member proposed for a candidate or candidate shall be listed on the ballot papers in addition to the applicant, and the first sentence shall apply accordingly. The ballot papers shall contain the indication of how many applicants can tick each voting member as a whole. The ballot papers shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes.(4) The person who votes shall identify the person chosen by her by crossing at the points provided for this purpose in the ballot paper. Not valid are ballots,
1.
in which more applicants are crossed than the voice,
2.
from which a unique will does not result,
3.
which are provided with a special feature
4.
the information other than the information specified in paragraph 3, an addition or other changes.
(5) The voting of the executive employees shall be carried out by the Chief Executive Officer. The voting proposals shall be made by the executive officers in postal ballot. Unless otherwise specified in the following, the written vote shall be subject to § § 17, 19 and 20 accordingly.(6) Immediately after the date on which the ballot letters have to be received by the head of the head of the company election, the head of the company election shall publicly count the votes. After the ballot box has been opened, the ballot papers shall be removed from the ballot papers and shall be counted among the votes cast on each applicant and each candidate. The validity of the ballot papers shall be considered. If there are more than one marked ballot papers in an envelope, they will be counted simply if they are in full compliance, otherwise they will be invalid. If a candidate is crossed on a ballot paper several times, this is counted as one vote.(7) In the order of the number of votes to which they are based, only so many senior staff members are included in the nomination as candidates must be included in the nomination as a whole. In the event of a tie, the lot shall decide.(8) If a candidate is included in the election proposal of the senior staff, the substitute member listed in the proposal for voting alongside the applicant, or the applicant, shall be the substitute member or member of the substitute member included in the election proposal of the chief executives.(9) The Management Committee shall transmit the result of the vote and the names of the holding election directors in the nomination. Each member of the management authority shall make known the result of the vote and the names of the persons referred to in the nomination for the duration of two weeks; Article 26 (4) shall apply accordingly. A non-official table of contents

§ 33 Voting record

After the vote has been completed, the Management Board of the Management Board shall issue a minutes solid:
1.
the number of envelopes delivered;
2.
the number of valid votes;
3.
the number of invalid votes;
4.
the numbers of the votes cast on the individual candidates;
5.
the names of the the nomination of candidates and substitute members;
6.
special incidents or other incidents that have occurred during the vote Events.

Subsection 4
Review and Announcement of Election Proposals

Non-official Table of contents

§ 34 Examination of nominations for election

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

§ 35 Invalid Election Proposals

(1) Unvalid nominations are,
1.
which have not been submitted on time,
2.
on which applicants are not listed in recognizable order,
3.
not the number of applicants referred to in Article 26 (1), second sentence, no. 7 and 8,
4.
of the employees referred to in Article 3 (1) (1) of the Law, if: they do not have the required number of signatures when they are submitted,
5.
of the unions if they are not authorised by an authorised representative to do so. People are signed.
(2) Electoral proposals,
1.
in which the applicants do not in the manner specified in § 27 (5) sentence 1,
2.
to which the written consent and insurance of the applicants pursuant to § 27 (5) sentence 2 not included,
3.
which, as a result of any deletions in accordance with Section 27 (7), no longer have the required number of signatures,
shall be invalid if the The head of the company has complain about it and the deficiencies have not been removed within a week since the complaint. Non-official table of contents

§ 36 Grace period for election proposals

(1) If the deadline for submitting nominations has expired, the following deadline is set for a ballot referred to in Article 27 (4) (1) and (3) is not a valid nomination, the Management Committee shall immediately issue a notice and shall set a grace period of one week for the submission of nominations . The notice must contain the following information:
1.
the notice specified for the notice. Time;
2.
that a valid nomination has not been submitted for the ballot;
3.
that election proposals can be submitted in writing to the head of the company election within a period of one week from the date specified for the contract notice; the last day of the deadline to be specified;
4.
that the ballot can only take place if at least one valid nomination is submitted;
5.
that if no valid election proposal is submitted, the missing members of the Supervisory Board can be ordered by the court.
(2) Will be until the expiry of the grace period no valid nomination is submitted for a ballot, the Management Committee shall immediately announce that the ballot does not take place.(3) For notices referred to in paragraphs 1 and 2, Article 26 (3) to (5) shall apply accordingly. Non-official table of contents

§ 37 Announcement of nominations for election

(1) Are for a ballot in which several members of the Supervisory Board of the If a worker is to be elected, several nominations have been submitted, the Management Committee shall determine the order of the order numbers following the expiry of the periods referred to in Article 27 (2), § 35 (2) and Article 36 (1) sentence 1. (2) No later than two weeks before the first day of the vote, the valid nominations shall be made known in the establishments. The head of the Management Committee shall send the valid nominations of the nominations to the holding election directors and inform them in writing of the date from which the election proposals in the establishments shall be made known. Each member of the operating election shall make the nominations, separately, after ballots; § 26 (4) and (5) shall apply accordingly.

Section 4
applicable rules

name="BJNR170800002BJNE003900000 " />Non-official Table of Contents

§ 38 Applicable Rules

(1) The Supervisory Board members of the employees are to be elected in the immediate election, according to , the further electoral procedure shall be governed by the provisions of Chapter 2.(2) If the Supervisory Board members of the employees are to be elected by delegates, the further electoral procedure shall be governed by the provisions of Chapter 3.

Chapter 2
Direct selection of the Employees ' Supervisory Board members

Section 1
Election Letter

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§ 39 Election Letter

(1) It is clear that the members of the Supervisory Board of the employees are to be elected in the immediate election, so the The head of the company election has a ballot letter. It must contain the following information:
1.
the specified for the notice Time;
2.
that the members of the Supervisory Board of the employees are to be elected by all persons entitled to vote in the immediate election;
3.
that only workers who are registered in the voters ' list can participate in the election and in votes;
4.
the time at which you can submit your election proposals;
5.
that the vote is Nominations shall be subject to election proposals and only those nominations submitted in due time shall be taken into account;
6.
the day or days of the vote for the election of the members of the Supervisory Board of the employees;
7.
the address of the head of the board of directors.
(2) The head of the company election shall send the Ballot letters shall be issued by the holding of the holding of the holding and shall inform them in writing of the date from which it is to be made known in the establishments. Each member of the elective elective shall add the following information to the elective letter:
1.
where and how May be aware of the election proposals;
2.
The place and time of the vote and the public vote count;
3.
the reference to the possibility of the written vote as well as the operating parts, micro-enterprises and businesses, for the written vote in accordance with § 49 para. 3 decided ;
4.
that objections and other declarations are to be made to the head of business;
5.
the address of the operating selection board.
For the announcement of the ballot letter, § 26 (4) and (5) shall apply accordingly. name="BJNR170800002BJNG001300000 " />

Section 2
Election

Subsection 1
Election of several Supervisory Board members of employees in one ballot due to multiple Election Proposals

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§ 40 Voting, electoral process

(1) Are multiple in one ballot Members of the Supervisory Board of the employees shall elect and have several valid nominations for this ballot, so that the voters may cast their votes and the voters only for one of these nominations. Voting shall be carried out by issuing ballot papers. The concept of voting within the meaning of this chapter shall be determined in accordance with Article 27 (4).(2) The Executive Board of the Management Board shall have the nominations on the ballot papers according to the order of the order numbers and the nominees and candidates with surname, first name, type of employment, named first and second place and operate among themselves; for election proposals that are provided with a password, the password is also to be specified. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers used for the same ballot shall all have the same size, colour, texture and inscription. The ballot papers used for a ballot must be different from the ballots provided for the other ballots in the colour.(3) The Management Committee shall send the ballot papers in good time to the operating election proxies.(4) The voter shall mark the nomination by her and the voters of the nomination he has chosen by crossing at the place provided for this purpose in the ballot paper. § § 17 and 18 are to be applied accordingly for the electoral process; the vote is to be recorded separately in the voters ' list for each ballot.(5) Invalidity are ballots,
1.
in which more than one nomination is crossed,
2.
from which there is no unequivocal will,
3.
provided with a special feature
4.
contains the information other than those referred to in paragraph 2, an addition or any other changes.
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§ 41 Public Voting List

(1) Immediately after the ballot has been completed, the operating election Board shall publicly count the votes.(2) After the ballot box has been opened, the head of the election ballot shall take the ballot papers and shall, for each ballot, count the votes cast on each nomination.(3) In the case of counting, the validity of the ballot papers shall be considered. If there is a ballot with a number of marked ballot papers in the ballot box, the ballot papers will be counted simply if they are completely identical, otherwise they will be invalid.(4) In the case of the use of voting machines, section 21 (4) shall apply accordingly. Non-official table of contents

§ 42 Election of the Board of Management Board of Management

(1) After the votes have been counted, the operating election board in a transcript for each ballot separately:
1.
the number of ballots cast on voting machines Voices;
2.
the total number of votes cast;
3.
the number of valid votes. Voices;
4.
the number of invalid votes;
5.
the numbers of the votes to each Election Proposals;
6.
Special incidents or other events occurring during the election.
(2) The head of the operating election shall be forwarded to: immediately after the counting of the ballot, the electoral office of the head of the company has been registered, by telex or by Botin or messenger, the electoral office.(3) The head of the operating election shall make known the result of the counting of votes. Non-official table of contents

§ 43 Determination of the elected representatives

(1) The head of the company election shall be determined on the basis of the election copies of the The election result was the election of the operating election.(2) The number of votes allocated to the individual election proposals in the ballot shall be placed side by side in a row, and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the Supervisory Board are to be elected in the election. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest possible number of nominations is not applicable to several nominations, the decision shall be taken as to the nomination for which that seat is to be submitted.(3) If a total nomination contains fewer candidates than the maximum number of candidates, the surplus seats shall be allocated to the following maximum numbers of the other nominations of the same ballot.(4) The order of the candidates within each nomination shall be determined by the order in which they are appointed.(5) With the election of a candidate or applicant, the substitute member of the Supervisory Board, which is listed in the election proposal in addition to the selected applicant, is elected.

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

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§ 44 Voting, electoral process

(1) If several members of the Supervisory Board are to be elected in one ballot, and if only a valid nomination is required for this ballot, the voter may elect her and the voter. Cast its vote only for the candidates listed in the nomination. A separate vote for a substitute member of the Supervisory Board is not permitted. Voting shall be carried out by issuing ballot papers.(2) The Executive Board of the Management Board shall list the candidates on the ballot papers, specifying the surname, first name, type of employment and establishment, in the order in which they are named in the nomination. The substitute member proposed for a candidate or candidate shall be listed on the ballot papers in addition to the applicant, and the first sentence shall apply accordingly. The ballot paper is intended to include details of how many applicants can cross the electorate or the voters as a whole. § 40 (2) sentences 3 and 4 and (3) shall apply.(3) The voter shall identify those chosen by her and the voter by crossing the posts in the ballot paper for this purpose by crossing the ballot. No more applicants may be made to vote than in the election of Supervisory Board members. § 40 (4) sentence 2 shall apply accordingly.(4) Invalidity are ballot papers,
1.
in which more applicants are crossed than in the Election of Supervisory Board members,
2.
from which there is no clear will,
3.
which are provided with a special feature
4.
the information other than the information referred to in paragraph 2,
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§ 45 Public Voting Count

(1) Immediately after The ballot box shall be publicly counted by the holding of the ballot box.(2) After the ballot box has been opened, the head of the operating election shall take the ballot papers and shall, for each ballot, count the votes cast on each applicant for each ballot. Section 41 (3) shall apply. If a candidate is crossed on a ballot paper several times, this is counted as one vote.(3) In the case of the use of voting machines, Section 21 (4) shall apply accordingly. Non-official table of contents

§ 46 Election of the Board of Management Board of Management

After the votes are counted, the Board of Management of the Board of Management shall establish in a record for each ballot separately:
1.
the number of ballots delivered to voting machines Voices;
2.
the total number of votes cast;
3.
the number of valid votes. Voices;
4.
the number of invalid votes;
5.
the numbers of the votes to each Candidates who are eligible to fall;
6.
Special incidents or other events that have occurred during the election.
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§ 47 Determination of the elected

The head of the company election shall be determined on the basis of the elective copies of the Electoral board members the figures of the votes cast on the individual applicants. As a whole, as many applicants as in the ballot board are elected, they are elected on the basis of the order of the number of votes they have received. In the event of a tie, the lot shall decide. § 43 (5) is applicable.

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

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§ 48 election of only one member of the supervisory board of the employees in one ballot.

(1) Only one member of the supervisory board of the employees is to be elected in one ballot, so the voter can give her and the voters his vote only for one of the proposed candidates, or one of the proposed candidates. § 44 (1) sentence 2 and 3 shall apply.(2) If only a valid nomination is proposed, the head of the Board of Management shall list the candidates on the ballot papers, specifying the surname, first name, type of employment and establishment, in the order in which they are to be held, in the order of that they are named in the nomination. If a number of valid nominations are available, the head of the Board of Management shall include the candidates on the ballot papers with the name of the surname, first name, type of employment, operation and password of the nomination proposal among themselves. alphabetical order. Section 44 (2) sentences 2 to 4 shall apply.(3) The voter shall mark the person chosen by her and the voter by crossing at the place provided for this purpose in the ballot paper. It must not be crossed more than one applicant or one applicant. § 40 (4) sentence 2, § 44 (4) and § § 45 to 47 are to be applied.

Subsection 4
Written Voting

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§ 49 requirements

(1) a person entitled to vote, who is prevented from holding his vote personally at the time of the election due to absence from the holding, has the head of the operating election at its request
1.
the elective letter,
2.
for each ballot that it is entitled to participate in, separate
a)
the election suggestions,
b)
the ballot and the ballot box
3.
a pre-printed statement to be issued by the voter or voter in which to assure the ballot box that the ballot is marked in person. , as well as
4.
a larger free-envelope, the address of the board of management and the consignor of the name and address of the person entitled to vote, and the address of the person entitled to vote, and the Note "Written vote" shall be sent orto the person in
. The head of the holding of the holding should also hand out or send a leaflet to the person entitled to vote on the manner in which the written vote (§ 50 para. 1) is used. The operating election board shall record the handing-out or sending of the documents separately for each ballot separately in the voters ' list.(2) persons entitled to vote who are known to the head of the holding of the holding that they are not likely to be present in the holding at the time of the election according to the nature of their employment relationship (in particular in the field of external service, teleworking and in homework), the documents referred to in paragraph 1 shall be obtained without the need for any person to be entitled to a right of vote.(3) The head of the operating election may decide to vote in writing
1.
for operating parts and Micro-enterprises, which are located at a distance from the main holding,
2.
for establishments in which the majority of the persons entitled to vote for the written vote referred to in paragraph 2 and in which the remaining minority is no more than 25 persons entitled to vote.
(2) shall apply accordingly.(4) The head of the Management Committee shall send the records of the written vote referred to in paragraph 1 to the holding of the holding of the holding of the holding on request. Non-official table of contents

§ 50 Voting procedure

(1) Voting is done in such a way that the voter or voter
1.
the ballot is flawless in person and thus folded and in the related election envelopes Closes the ballot box after the ballot papers have been folded apart;
2.
the pre-printed declaration stating the location and the date of the vote underwrites and
3.
closes the electoral envelopes and the signed pre-printed statement in the open-air envelope, and so on in time to the At the end of the voting, the head of the holding of the ballot box shall be sent or handed in.
(2) Immediately before the vote is completed, the Board of Management will open the public meeting until the end of the voting period. Ballot letters and the election envelopes as well as the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the vote shall record the vote separately in the voters ' list for each ballot, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballots in an election envelope, they will be placed in the ballot box in the ballot box.(3) Late incoming ballot letters shall be received by the head of the holding of the holding of the ballot box, with a note on the date of receipt, unopened to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 5
Electoral inscription, notifications

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§ 51 electoral transcript

After determining who is elected , the Management Committee shall establish separately for each ballot in a minutes:
1.
the number of votes cast on voting machines;
2.
the total number of votes cast Voices;
3.
the number of valid votes;
4.
the number of invalid votes. votes;
5.
in the case of a proportional representation, the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the votes cast. Nominations;
6.
in the case of a majority vote, the figures of the votes cast on the individual candidates;
7.
the names of the elected members of the Supervisory Board;
8.
the names of the members for each Members of the Supervisory Board elected replacement members;
9.
Special incidents or other events that occurred during the election.
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§ 52 Announcement of the results of the election, notification of the elected

(1) The head of the company election report shall forward the Election results and the names of the elected members of the holding election. The election result and the names of the elected representatives shall be announced immediately for a period of two weeks by each of the members of the Management Committee.(2) At the same time, the head of the Management Committee shall notify the elected in writing of their choice and shall forward the result of the election and the names of the elected representatives to the company and to the trade unions represented in the enterprise. Non-official table of contents

§ 53 Retentions of the electoral markets

The Board of Management Board of Management and each member of the Board of Management handed over the election markets to the Company. The Company maintains the electoral markets for a period of at least five years.

Chapter 3
Election of the members of the Supervisory Board of Employees by Delegates

name="BJNR170800002BJNG002000000 " />

Section 1
Delegate Election

Subsection 1
Multi-Mandate Delegate

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§ 54 No choice of delegates after this subsection, if in the company for the election of supervisory board members of other companies delegates with

Supervisory Board members of the employees of the company shall be elected by delegates and the employees shall also take the election of the members of the Supervisory Board of employees of other employees. In accordance with § 55 of the Third Electoral Regulations of the Codetermination Act, the Company has decided to select the members of the Company for the election of the members of the Supervisory Board of another company. Delegates shall also elect the members of the Supervisory Board of the employees to be elected in accordance with the provisions of this Section, and a choice of delegates shall not be held in accordance with the provisions of this Section.(2) The head of the Management Committee shall issue a notice and send it to the holding election directors. Section 26 (4) and (5) shall apply. Non-official table of contents

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

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

Subsection 2
Introduction of the election

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§ 56 reckoning of the number of delegates

(1) It is clear that the members of the supervisory board of the employees are to be elected by means of delegates, Head of the Management Committee, on the basis of the lists of voters sent to him by the holding election boards, separately for each holding the number of delegates to be elected in the holding and their distribution to the number of delegates referred to in § 3 (1) (1) of the Act Employees and senior executives.(2) For the calculation of the number of delegates to be elected in a holding, the number of persons entitled to vote in the holding shall be divided by 90. Partial numbers are fully counted if they are at least half of the full number.(3) The calculation of the delegates referred to in Section 3 (1) (1) of the Act and the delegates responsible for the officers shall be based on the principles of proportional representation. For this purpose, the figures of the employees referred to in § 3 (1) (1) of the Act and the officers of the holding are placed side by side in a row, and both by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how delegates are to be selected. The employees referred to in Section 3 (1) (1) of the Act and the senior executives are assigned as many delegates as they do not have the highest number of delegates. If the lowest possible maximum number is at the same time applicable to the employees referred to in Section 3 (1) (1) of the Act and the chief executives at the same time, the lot shall decide who the delegate is to be granted.(4) The calculation referred to in paragraph 3 shall be given in an establishment for the employee referred to in Section 3 (1) (1) of the Law or the executive staff more than
1.
25 delegates, so the number of delegates to be elected in § 3 (1) (1) of the Act or of the executive staff is reduced to half; those delegates will receive two votes;
2.
50 delegates, the number of delegates to be elected shall be reduced to the number of delegates referred to in Article 3 (1) (1) of the Act. Employees or senior executives at one-third; these delegates receive three votes;
3.
75 delegates, the number of people to be elected shall be reduced. Delegates of the employees or officers referred to in Section 3 (1) (1) of the Act to a quarter; these delegates shall receive four votes each;
4.
100 delegates, the number of delegates to be elected is reduced to one fifth of the employees referred to in § 3 (1) (1) of the Act or the chief executives; those delegates will receive five votes each;
5.
125 delegates, the number of delegates to be elected shall be diminished by the number of delegates referred to in Article 3 (1) (1) of the Law. employees or the executive staff in one-sixth; these delegates are given six votes;
6.
150 delegates, the number of people to be elected shall be reduced. Delegates of the employees referred to in Article 3 (1) (1) of the Act or of the executive staff to a seventh; these delegates shall be given seven votes each.
partial numbers shall be counted fully if they receive at least half of the full Number.(5) If at least nine delegates are to be elected in one holding, the employee and the senior staff referred to in § 3 (1) (1) of the Act shall not be subject to at least one delegate; this shall not apply in so far as they are no longer in operation. in the form of five employees or senior employees designated in Section 3 (1) (1) of the Act. In so far as the employees and the executive staff referred to in § 3 (1) (1) of the Act are not responsible for the number of delegates, the number of delegates of the holding shall be increased accordingly. Non-official table of contents

§ 57 Assignment of employees to other establishments

(1) According to § 56, to the provisions of Section 3 (1). If the employee or the executive staff of an establishment is not a delegate, the head office of the company shall remove these workers in the copy of the list of voters in the holding which is available to him.(2) The head of the Management Committee shall determine whether the employees who are to be expelled from the voters ' list in accordance with paragraph 1 for the election of the delegates in accordance with Section 11 (3) and (4) of the Act as workers the operation of the principal place of business of the undertaking or as employees of the largest holding of the undertaking in accordance with the number of persons entitled to vote. The head of the board of directors shall take these workers into the copy of the list of voters of the holding which is present to him, as the employee of which they shall be entitled to elect the delegates. According to the assignment, the number of delegates of the establishments concerned and their distribution to the employees referred to in section 3 (1) (1) of the law and the executive employees is to be recalculated (§ 56). Non-official table of contents

§ 58 Communications of the Management Board of Management

(1) The head of the company election board shares each operating election board immediately after the calculation of the number of delegates (§ 56) or, if an assignment (Section 57 (2)) has taken place to another establishment, immediately after the determination of this assignment with:
1.
that the members of the Supervisory Board of the employees are to be elected by delegates;
2.
a decision that the delegates to be elected should also take part in the election of the members of the supervisory board of employees of other companies; the other companies ,
3.
The number of delegates to be elected, separated by delegates of the employees referred to in Section 3 (1) (1) of the Law and the Executive employees;
4.
the surnames and first names of the employees who are to be deleted from the list of voters in accordance with Section 57 (1), and the employees Operation to which they are assigned;
5.
the surnames, first names, and dates of birth of the employees, which are referred to in the first and second sentences of § 57 (2) and the list of voters of the holding shall be taken separately in accordance with the provisions of Section 3 (1) (1) of the Law and the holding of the holding, and the holding from whose voters ' list they have been deleted;
6.
the time at which each head of the company's election was informed by the head of the head of the company the result of the delegates ' choice.
(2) The Management Committee it shall immediately send a copy of its communication (paragraph 1 (5)) to the operating electoral board of the establishment to which those persons entitled to vote are assigned to the head of the holding of an establishment whose electoral list must be entitled to cancel the electoral vote (paragraph 1 (5)). The head of the holding of the holding from whose electoral list shall be eligible to vote and the head of the holding of the holding to which those persons are entitled shall make the communication referred to in paragraph 1 (5) in the same way as the electoral letter for the election of the delegates (§ 59). Non-official table of contents

§ 59 Election Letter for the Election of Delegates

(1) Immediately after receipt of the notice referred to in § 58 the head of the operating election shall issue a letter of election for the election of the delegates. It must contain the following information:
1.
the date of its adoption;
2.
that the members of the Supervisory Board are to be elected by delegates;
3.
whether the Head of the Management Board, according to § 55, has decided that the delegates to be elected should also take part in the election of the members of the Supervisory Board of employees of other companies; the other companies must be stated;
4.
that only workers who are registered in the voters ' list can participate in the election and in votes;
5.
that the delegates are elected by all electors;
6.
the number of people to choose Delegates, separated by delegates of the employees and delegates of the senior executives referred to in Section 3 (1) (1) of the Act;
7.
that nominations for election for the election of the delegates within two weeks since the ballot letter has been issued, in writing to the head of the holding of the holding; the last day of the deadline is to be stated;
8.
the minimum number of persons entitled to vote in Section 3 (1) (1) of the Act, of which an election proposal for delegates of the employees referred to in § 3 (1) (1) of the Act shall be signed;
9.
the minimum number of eligible senior executives, of which a nomination for delegates of the senior executives employees must be signed;
10.
that the number of applicants in each election proposal should be at least twice as high as the number of candidates in the the delegates elected to the ballot;
11.
that the vote is subject to election proposals and that only those nominations may be taken into account, which in the case of a ballot box,
12
that if only a valid nomination is submitted for a ballot, so many of the nomination Applicants in the indicated order shall be deemed to be elected as delegates elected in the ballot;
13.
where and how the persons entitled to vote from the
14.
The place, day and time of the vote for the election of the delegates;
15.
the location and the time of the public vote count;
16.
the reference to the possibility of written vote as well as the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 69, para. 3;
17.
that objections, applications, nominations for election of delegates and other statements to be submitted to the head of operations;
18.
the address of the Member of the Board of Operations.
For the announcement of the voter's letter, § 26 (4) and (5) shall apply accordingly.(2) The ballot within the meaning of this section is
1.
The election of the delegates of the delegates in Section 3 (1) No. 1 of the Law designated employees,
2.
the choice of delegates of senior executives.

Subsection 3
Delegates Election Proposals

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§ 60 Submission of nominations

(1) To elect delegates the persons entitled to vote in the holding may make election proposals. Each nomination for delegates
1.
must be the employee referred to in § 3 (1) (1) of the law of a twentieth or 50 of the persons entitled to vote in Section 3 (1) (1) of the Act,
2.
the chief executive must be of one twentieth or 50 of the eligible senior executive employees
of the holding. Nominations shall be submitted in writing within two weeks of the adoption of the ballot letter for the election of the delegates to the head of the operating election. The number of candidates in each nomination is to be at least twice as high as the number of delegates to be elected in the ballot.(2) In each nomination, the candidates shall be listed in a recognizable order, with the number and surname, first name, date of birth and type of employment, as indicated. The written consent of the applicants for inclusion in the election proposal and their written assurance that they will accept the election in the event of their election shall be attached.(3) For each nomination, one or one of the signatories shall be referred to as the nomination representative. This is entitled and obligated to make the declarations required for the elimination of complaints and to accept statements and decisions of the operating election board. If no proposal representative has been expressly determined, the person or the first signatory shall be regarded as the representative of the proposal.(4) The signature of a person entitled to vote counts only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall declare, at the request of the Management Board, within a reasonable time, but no later than three working days, to declare the signature of the nominations. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations, signed by the same person entitled to vote, at the same time as: , the lot shall decide on which nomination the signature shall apply.(5) An applicant may be proposed only on an election proposal. If the name of the person is listed on a number of nominations with the written consent of that person (paragraph 2, second sentence), it shall, at the request of the electoral board of business, declare within three working days what application it shall apply to: is maintained. If the declaration is not made on time, the applicant must be deleted on all nominations. Non-official table of contents

§ 61 Examination of election proposals

(1) The operating election board confirms the date in writing to the nomination representative the tabling of the election proposal.(2) The operating electoral board shall designate the nomination if it is not provided with a password, with the surname and first name of the applicant named in the first place, or of the applicant named in the first place. He shall immediately examine the nomination of the nomination and, in the event of invalidity or complaint, shall inform the nomination representative in writing, stating the reasons for the nomination. Unofficial Table Of Contents

§ 62 Invalid Election Proposals

(1) Unvalid nominations are,
1.
which have not been submitted on time,
2.
on which applicants are not listed in recognizable order,
3.
which do not have the required number of signatures.
(2) Election Proposals,
1.
in which the applicants are not referred to in the manner specified in § 60 (2) sentence 1,
2.
to which the written consent and insurance of the applicants according to § 60 para. 2 sentence 2 are not attached,
3.
which are no longer required to have the required number of signatures as a result of any deletions in accordance with § 60 paragraph 4,
are invalid if the head of the operating election has complain of them and the deficiencies have not been remedied within three working days since the complaint was lodged. Non-official table of contents

§ 63 Grace period for election proposals

(1) When the deadline for the submission of nominations is due to expire, if a ballot is not a valid nomination, the head of the Management Committee shall immediately issue a notice and shall set a grace period of one week for the submission of nominations. The notice must contain the following information:
1.
the date of its adoption;
2.
that no valid election proposal has been submitted for the ballot;
3.
that election proposals within a period of grace of one week from the date of the publication of the notice in writing to the head of the holding of the holding; the last day of the period shall be indicated.
(2) If no deadline for a ballot is to expire, no valid nomination, the holding of ballot box shall immediately announce that the ballot shall not take place.(3) For notices referred to in paragraphs 1 and 2, Article 26 (4) and (5) shall apply accordingly. Non-official table of contents

§ 64 Announcement of election proposals

(1) If several nominations are submitted for a ballot, the nominations shall be made to On the expiry of the time limits specified in § 60 (1) sentence 3, § 62 (2) and § 63 (1) Sentence 1, the operating elective body shall have the order of the order numbers allocated to the nominations submitted (nomination 1, 2, etc.). The proposal representatives shall be invited in due time for the decision to be taken.(2) By no later than two weeks before the first day of the vote, the head of the Management Committee shall make the valid nominations, separated after ballots, in the same manner as the election letter for the election of the delegates. If there is only a valid nomination for a ballot, the holding electoral board shall indicate in the notice that so many of the candidates listed therein shall be deemed to be elected in the order indicated, as in the Select Delegate to select.

Subsection 4
Election of delegates in one ballot due to multiple election proposals

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§ 65 voting, election process

(1) If there are several valid nominations for a ballot, the voter can only vote in favour of her and the electorate for one of those nominations. Voting shall be carried out by issuing ballot papers.(2) The Executive Board of Management shall have the nominations on the ballot papers according to the order of the order numbers, and the nominees and candidates with surname, first name and type of employment, named first and second place , the password must also be specified for election proposals that are provided with a password. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers used for the same ballot shall all have the same size, colour, texture and inscription. The ballot papers used for a ballot must be different from the ballots provided for the other ballots in the colour.(3) The voter shall mark the nomination by her and the voters of the nomination he has chosen by crossing at the place provided for this purpose in the ballot. § § 17 and 18 are to be applied accordingly for the electoral process; the vote is to be recorded separately in the voters ' list for each ballot.(4) Invalidity are ballots,
1.
in which more than one nomination is crossed,
2.
from which there is no unequivocal will,
3.
provided with a special feature
4.
contains the information other than those referred to in paragraph 2, an addition or any other changes.
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§ 66 Public Voting List

(1) Immediately after the ballot has been completed, the operating election Board shall publicly count the votes.(2) After the ballot box has been opened, the head of the election ballot shall take the ballot papers and shall, for each ballot, count the votes cast on each nomination.(3) In the case of counting, the validity of the ballot papers shall be considered. If there is a ballot with a number of marked ballot papers in the ballot box, the ballot papers will be counted simply if they are completely identical, otherwise they will be invalid.(4) In the case of the use of voting machines, section 21 (4) shall apply accordingly. Non-official table of contents

§ 67 Determination of the elected

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

Subsection 5
Determination of Delegates in the presence of only one Election proposal for a ballot

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§ 68 Determination of delegates in the event of only one election proposal (1) If only a valid nomination is proposed for a ballot,

many of the candidates listed therein shall be deemed to be elected in the order indicated in the nomination, as delegates in the ballot shall be elected. to be selected.(2) At the end of the election of the delegates, the Management Committee shall immediately determine which delegates shall be deemed to be elected pursuant to paragraph 1.

Subsection 6
Written Voting Tax

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§ 69 requirements

(1) a person entitled to vote, who is prevented from holding the holding at the time of the election, to cast its vote in person, the head office of the company shall have at its request
1.
Elective letter,
2.
for each ballot that he is entitled to participate in, separately
a)
the election suggestions,
b)
the ballot box and the ballot box
3.
a pre-printed, from the voter or the voter to provide an explanation in which the ballot paper has been personally marked, as well as
4.
a larger statement to the operating election. Free-charge, which shall include the address of the Board of Management and the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote", to be
or sent to the person entitled to vote. The head of the holding of the holding should also hand out or send a leaflet to the person entitled to vote on the manner in which the written vote (§ 70 para. 1) is used. The operating election board shall record the handing-out or sending of the documents separately for each ballot separately in the voters ' list.(2) persons entitled to vote who are known to the head of the holding of the holding that they are not likely to be present in the holding at the time of the election according to the nature of their employment relationship (in particular in the field of external service, teleworking and employees), as well as employees who are assigned to the holding in accordance with section 57 (2), shall receive the documents referred to in paragraph 1 without the need for the person entitled to vote to be required.(3) The head of the operating election may decide to vote in writing
1.
for operating parts and Micro-enterprises, which are located at a distance from the main holding,
2.
for establishments in which the majority of the persons entitled to vote for the written vote referred to in paragraph 2 and in which the remaining minority is no more than 25 persons entitled to vote.
(2) shall apply accordingly. Non-official table of contents

§ 70 Voting of votes

(1) Voting is done in such a way that the voter or voter
1.
the ballot is flawless in person and thus folded and in the related election envelopes Closes the ballot box after the ballot papers have been folded apart;
2.
the pre-printed declaration stating the location and the date of the vote underwrites and
3.
closes the electoral envelopes and the signed pre-printed statement in the open-air envelope, and so on in time to the At the end of the voting, the head of the holding of the ballot box shall be sent or handed in.
(2) Immediately before the vote is completed, the Board of Management will open the public meeting until the end of the voting period. Ballot letters and the election envelopes as well as the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the vote shall record the vote separately in the voters ' list for each ballot, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballots in an election envelope, they will be placed in the ballot box in the ballot box.(3) Late incoming ballot letters shall be received by the head of the holding of the holding of the ballot box, with a note on the date of receipt, unopened to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 7
Electoral inscription, notifications

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§ 71 Election ID

(1) After determining who is If a delegate is elected, the head of the operating election shall, in a minutes, determine separately for each ballot:
1.
the number of votes cast on voting machines;
2.
the total number of votes cast Voices;
3.
the number of valid votes;
4.
the number of invalid votes. votes;
5.
the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the Nominations;
6.
the nomination, whose candidates are considered to be elected (§ 68);
7.
for each election proposal separately the names and addresses
a)
the selected delegate,
b)
the surrogate delegate
in the order of their Designation;
8.
special incidents or other events occurring during the election.
(2) The operating election officer shall transmit the voting document Immediately written to the head of the board of directors, by telex or by Botin or Boten. Non-official table of contents

§ 72 Announcement of the results of the election, notification of the elected

(1) The operating election Board of Management makes the The election results and the names of the elected representatives shall be immediately known for a period of two weeks.(2) At the same time, the head of the Management Committee shall notify the elected person in writing of their choice. If the delegates have a multi-mandate according to § 55, this is to be reported in the notification.

Subsection 8
Exception

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§ 73 exception

The provisions of subsections 1 to 7 shall not apply to establishments in which, in accordance with the provisions of this Regulation, or, in the § 54 (1), under the provisions of the Third Electoral Regulations on the Codetermination Act, delegates are already elected, whose term of office does not yet apply at the beginning of the term of office of the members of the Supervisory Board to be elected.

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

Subsection 1
Delegates ' Meeting, Delegate List

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§ 74 Delegate Assembly

(1) Select the delegates the members of the Supervisory Board of the employees at a meeting (Assembly of Delegates). It is led by the head of the company.(2) The Board of Management Board shall determine the day of the Assembly of Delegates. It shall take place no later than four weeks after the date of the date of the election of the members of the Management Committee to the head of the head of the company, in accordance with Section 58 (1) No. 6 of the Management Committee, the results of the election of the delegates. If no delegates are to be elected in the company (§ 54), the Assembly of Delegates shall take place no later than four weeks before the beginning of the term of office of the members of the Supervisory Board of the employees to be elected. Non-official table of contents

§ 75 list of delegates

(1) The head of the company election presents a list of the delegates (list of delegates), separated by Delegates of the employees referred to in section 3 (1) (1) of the Act and of the officers responsible for the management of the law. § 8 (1) sentence 2 and 3 and (5) shall apply accordingly.(2) Behind the name of each delegate, it should be noted how many votes he has.(3) The participation in the list of delegates, the law and this regulation shall be made possible in the Assembly of Delegates until the end of the vote. The list of delegates intended for inspection is not intended to include the dates of birth of the delegates. The inspection can be made possible by design and by the use of the information and communication technology available in the company. Non-official table of contents

§ 76 Claims against the correctness of the list of delegates

(1) Provocals against the correctness of the list of delegates may be lodged with the head of the company election before the vote begins.(2) The head of the Management Committee shall decide without delay on any objections under paragraph 1. If an objection is justified, the head of the company election shall correct the list of delegates. The Management Committee shall immediately notify its decision of the person who lodged the opposition.(3) Before the start of the vote, the head of the company should check the list of delegates for the correctness of the vote. In addition, the list of delegates may only be corrected or supplemented in case of write errors, obvious inaccuracies or in the event of any objections filed in good time before the start of the vote.

Subsection 2
Communication to Delegates

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§ 77 Communication to the delegates

(1) The head of the board of directors shall communicate to each delegate no later than two weeks before the day of the Assembly of Delegates:
1.
that only delegates that are listed in the delegate list can participate in the election and in votes;
2.
that the delegate list, the law and this regulation will be made possible in the Delegate's Assembly;
3.
that objections against the correctness of the list of delegates can be appealed prior to the start of the vote at the company's election board;
4.
that the members of the Supervisory Board are elected by all delegates;
5.
how many Vote in favour of the delegate;
6.
that the vote is tied to election proposals;
7.
Location, Day and Time of the Delegate Assembly and the Public Voting Count;
8.
the address of the Company Election Board.
The notification shall be made in writing against receipt of the notice of receipt or by registered letter.(2) The Management Committee shall send copies of the notification referred to in paragraph 1 to the operating election directors, to the undertaking and to the trade unions represented in the undertaking.(3) The head of the Executive Committee shall establish that the term of office of a delegate
1.
shall be due to the establishment of a of the Office,
2.
by terminating the employment of the delegate in the establishment, whose delegate is he,
3.
due to loss of eligibility
terminated prematurely (§ 14 para. 1 of the law) or that he is prevented from (§ 14 para. 2 sentence 1 of the law), he agrees to the substitute delegate (§ 14 para. 2 sentence 2 of the Law) in the same way as the delegates.(4) If a delegate finds that he is prevented from doing so, he shall communicate this to the head of the operating election. If an operating electoral officer determines that the term of office of a delegate terminates prematurely or that it is prevented, it shall inform the head of the company election.

Subsection 3
Election of several Members of the Supervisory Board of employees in one ballot based on multiple election proposals

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§ 78 Voting, electoral procedure

(1) If several members of the Supervisory Board are to be elected in one ballot, and if there are several valid nominations for this ballot, then the delegate may only vote for one of these members. Make election proposals. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. The concept of voting within the meaning of this section shall be determined in accordance with Article 27 (4).(2) The Executive Board of the Management Board shall have the nominations on the ballot papers according to the order of the order numbers and the nominees and candidates with surname, first name, type of employment, named first and second place and operate among themselves; for election proposals that are provided with a password, the password is also to be specified. The ballot paper is intended to contain the indication that the delegate can only tick an election proposal. Ballot papers used for the same ballot shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes if electoral envelopes are used. Ballot papers and ballot papers used for a ballot must be different from the ballot papers and ballots provided for the other ballots in the colour.(3) The delegate shall identify the nomination of the nominee by crossing at the place provided for this purpose in the ballot. § § 17 and 18 are to be applied accordingly for the electoral process; the vote is to be recorded separately in the list of delegates for each ballot and for each vote.(4) Invalidity are ballots,
1.
in which more than one nomination is crossed,
2.
from which there is no unequivocal will,
3.
provided with a special feature ,
4.
contain the information other than those referred to in paragraph 2, an addition or any other changes.
(5) The Management Committee may decide to: § 17 (3) with the proviso that ballot papers shall be unfolded and cast into ballot boxes in election envelopes if the intended procedure of counting of votes requires unfolded ballots. Non-official table of contents

§ 79 Public Voting List

(1) immediately after the ballot has been completed, the Management Board of the Management Board shall count publicly the votes.(2) After the ballot box has been opened, the head of the election of the company shall take the ballot and count for each ballot separately the votes cast on each nomination.(3) In the case of counting, the validity of the ballot papers shall be considered. If electoral envelopes are used and if there are more than one marked ballot papers in an election envelope, they shall be counted in a simple manner if they are in full agreement, otherwise they shall be invalid.(4) In the case of the use of voting machines, section 21 (4) shall apply accordingly. Non-official table of contents

§ 80 Determination of the elected

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

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

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§ 81 Voting, voting procedure

(1) If several members of the Supervisory Board are to be elected in one ballot, and if only a valid nomination is available for this ballot, the delegate can only vote for the candidates listed in the nomination proposal. A separate vote for a substitute member of the Supervisory Board is not permitted. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. (2) The head of the board of directors shall have the candidates on the ballot papers with the name of the surname, first name, type of employment and operation to each other in the order in which they are named in the nomination. The substitute member proposed for a candidate or candidate shall be listed on the ballot in addition to the applicant, and the first sentence shall be applied accordingly. The ballot papers shall contain the information as to how many applicants can tick the delegates. Section 78 (2) sentences 3 and 4 shall apply.(3) The Delegate shall identify the elected by him by crossing at the points provided for this purpose in the ballot. He is not allowed to tick any more candidates than to vote for Supervisory Board members in the ballot. Section 78 (3), second sentence, shall apply accordingly.(4) Invalidity are ballot papers,
1.
in which more applicants are crossed than in the Election of Supervisory Board members,
2.
from which there is no clear will,
3.
which are provided with a special feature
4.
the information other than the information referred to in paragraph 2, an addition or other changes.
(5) § 78 (5) shall apply. Non-official table of contents

§ 82 Public Voting List

(1) immediately after the vote has been completed, the Management Board of the Management Board shall count publicly the votes.(2) After the ballot box has been opened, the head of the election of the company shall take the ballot and count for each ballot separately the votes cast on each applicant. Section 79 (3) shall apply. If a candidate is crossed on a ballot paper several times, this is counted as one vote.(3) In the case of the use of voting machines, Section 21 (4) shall apply accordingly. Non-official table of contents

§ 83 Determination of the elected

elected as many candidates as in the ballot box Members of the Supervisory Board shall be elected in accordance with the order of the number of votes to which they have been paid. In the event of a tie, the lot shall decide. § 80 (4) is to be applied.

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

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§ 84 election of only one member of the supervisory board of the employees in one ballot.

(1) Only one member of the supervisory board of the employees is to be elected in one ballot, The delegate can only cast his vote for one of the proposed candidates or one of the proposed candidates. Section 81 (1) sentence 2 to 4 shall apply.(2) If only a valid nomination is proposed, the head of the Board of Management shall list the candidates on the ballot papers, specifying the surname, first name, type of employment and establishment, in the order in which they are to be held, in the order of that they are named in the nomination. If a number of valid nominations are available, the head of the Board of Management shall include the candidates on the ballot papers with the name of the surname, first name, type of employment, operation and password of the nomination proposal among themselves. alphabetical order. Section 81 (2) sentence 2 to 4 shall apply.(3) The delegate shall identify the applicant chosen by him or the applicant he has chosen by crossing the place provided for this purpose in the ballot. It must not tick more than one applicant or one applicant. § 78 (3) sentence 2 and (5), § 81 (4) and § § 82 and 83 are to be applied.

Subsection 6
Election, Notifications

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§ 85 Electoral Journal

After determining who is elected, the head of the company's election executive shall determine separately for each ballot in a minutes:
1.
the number of votes cast on voting machines;
2.
the total number of votes cast;
3.
the number of valid votes;
4.
the number of invalid voices;
5.
with ratio choice the numbers of the individual election suggestions the number of votes charged, the calculated maximum numbers and their distribution to the nominations;
6.
in the case of a majority vote, the figures for each of the candidates, or Candidates dropping votes;
7.
the names of the elected members of the Supervisory Board;
8.
the names of the replacement members selected for each member of the Supervisory Board;
9.
special during the choice of incidents or other events that have occurred.
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§ 86 Announcement of the results of the election, Notification of the elected

(1) The head of the board of directors shall announce the election result and the names of the elected representatives in the Assembly of Delegates.(2) The Management Committee shall transmit the results of the election and the names of the elected representatives of the holding of the holding of the holding of the holding of the holding. The election result and the names of the elected representatives shall be announced immediately for a period of two weeks by each of the members of the Management Committee.(3) At the same time, the head of the Management Committee shall notify the elected in writing of their choice and shall transmit the results of the election and the names of the elected representatives to the company and to the trade unions represented in the enterprise. Non-official table of contents

§ 87 retention of the electoral markets

The head of the company's electoral system and each member of the company election Board handed over the election markets to the Company. The Company maintains the electoral markets for a period of at least five years.

Part 2
Disappointment of members of the Supervisory Board of employees

Chapter 1
Common Rules

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§ 88 Introduction of the

(1) A request for the dismissive of a member of the Supervisory Board of the employees pursuant to Section 23 (1) of the Act shall be submitted in writing to the General Works Council.(2) Immediately after receipt of an application for a dismise, the head of the company election shall be formed, unless the application obviously does not comply with the requirements referred to in § 23 (1) sentence 2 of the law.(3) In the case of the tasks, education, composition and management of the electoral boards, § § 3 to 7 shall apply accordingly; the notification of the Management Board pursuant to § 6 shall also contain the content of the application for dismise. The company has to hand over to the Board of Directors the electoral markets which have arisen in the election of the member of the Supervisory Board, whose dismise is requested. Non-official table of contents

§ 89 List of eligible employees

The dismise of a company-affiliated company Member of the Supervisory Board of the employees, a list of persons entitled to vote shall be drawn up immediately after the formation of the Executive Board of Management in each establishment, pursuant to Section 23 (1) sentence 2 of the Act for the convening of this Member of the Supervisory Board shall be entitled to apply. § § 8 to 12 shall apply accordingly; the announcement according to § 9 para. 2 and 3 shall also contain the content of the application for dismise. Non-official table of contents

§ 90 Examination of the application for dismise

(1) The head of the Board of Management checks immediately after the lists have been sent. the employees who are entitled to claim the validity of the application for a dismise.(2) If an application is invalid, the head of the Management Committee shall inform the application representative or, if an application is not named, the one or the first signatory and the holding election management in writing. Each member of the Management Committee shall communicate the communication for a period of two weeks. Unofficial Table Of Contents

§ 91 Applicable Rules

(1) If a valid application is submitted, the Management Board member shall determine whether the Member of the Supervisory Board, whose dismise is requested, has been elected by direct election or by a delegate.(2) If the member of the Supervisory Board whose dismise is requested has been elected in direct election, the further procedure for the appointment of the Supervisory Board shall be governed by the provisions of Chapter 2.(3) If the member of the Supervisory Board whose dismise is requested has been elected by a delegate, the further appointment procedure shall be governed by the rules laid down in Chapter 3.

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

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§ 92 (1)

head of the board of directors shall immediately issue a letter of revocative letter. The vote shall take place within four weeks since the date for the publication of the notice of appeal.(2) The notice of appointment must include the following information:
1.
the notice specified for the contract notice. Time;
2.
the content of the application;
3.
the label of the applicant Person;
4.
the number of employees who signed the application;
5.
that only workers who are registered in the voters ' list can participate in the vote;
6.
that the decision to convene a majority of three-quarters of the votes cast is required;
7.
the day or the days of voting.
For the publication of the notice of appeal, § 15 (3) Nos. 1 to 3 as well as § 26 (4) and (5) are to be applied accordingly.(3) In each establishment, a list of the voting rights of the establishment (voter list) shall be drawn up without delay. § § 8, 9, 11 and 12 shall be applied accordingly, with the proviso that, by way of derogation from § 8 (1) sentence 1, a separation of the voters ' list is not required. Non-official table of contents

§ 93 Voting, Results of votes, files

(1) For the vote, § § 16 to 23 shall apply.(2) The Management Committee shall send the voting result in writing
1.
Operating Election Boards,
2.
The member of the Supervisory Board who has been voted on,
3.
the union that has filed a request for dismise (§ 23 para. 1 sentence 2 No. 3 of the law),
4.
the enterprise.
§ 90 para. 2 sentence 2 is to be applied.(3) In the case of files arising in connection with an application for convocation, § 53 shall apply accordingly.

Chapter 3
Voting on the convening of a member of the Supervisory Board elected by Delegate Employees

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§ 94 List of Delegates

The head of the board of directors is responsible for the convening of the job immediately a list of the delegates (list of delegates). § 8 (1) sentence 2 and 3, para. 3 and 5, § 75 (2) and (3) and § 76 shall apply accordingly. Non-official table of contents

§ 95 Assembly of Delegates, Communication from the Management Board to Delegates

(1) Delegates vote on The request for a convocation in a meeting (Assembly of Delegates). The delegates ' meeting is to be held within six weeks after the determination that a valid request for the dismise of a member of the Supervisory Board elected by a delegate the worker is present.(2) The Head of the Board of Management shall convene the delegates in writing against the receipt of receipt or by registered letter to the Assembly of Delegates; Section 77 (2) to (4) shall apply accordingly. The communication in accordance with the first sentence shall be sent to the delegates at least two weeks before the Assembly of Delegates.(3) The message must contain the following information:
1.
the content of the application;
2.
the name of the applicant person;
3.
the number of employees who are the Request signed;
4.
that only delegates listed in the delegate list can participate in the vote;
5.
that the delegate list, the law and this regulation will be made possible in the Delegate's Assembly;
6.
that objections against the correctness of the list of delegates can be filed before the voting starts at the company election board;
7.
that the decision to convene a majority of three-quarters of the votes cast is required;
8.
how many votes to the delegate;
9.
Location, day and time of the Delegate Assembly and the public voice count;
10
the address of the Management Board.
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§ 96 Voting, Voting Results, Files

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

Chapter 4
Replacement Members

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§ 97 Replacement members

For the removal of replacement members (Section 23 (4) of the Law), the provisions of the chapters

Part 3
Special provisions for the election and dismise of the members of the Supervisory Board of employees in the event of the participation of employees of an employee of a SeeOperation

Chapter 1
Election of employees of the members of the Supervisory Board

Section 1
Introduction of the election, vote on the type of choice, election proposals

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§ 98 Introduction of the election

(1) The term referred to in § 2 para. 1 sentence 1 The deadline is extended to 46 weeks.(2) In the notice referred to in § 2, the number of employees employed in the operation of the sea (Section 34 (1) of the Law) must be specified separately.(3) In the case of a sea operation, an operating electoral code shall not be formed. The Management Board of the Management Board shall carry out the duties of the Management Board of the Management Board in the operation of the operation of the Management Board in the maritime sector. For the purposes of Article 4 (5), the operation of the sea shall not be taken into consideration.(4) Communications to be made known in the maritime operation shall send the Management Committee's board of directors to any ship belonging to the sea, and shall notify the date from which they are to be made known on the ship. Communications shall be made known by the on-board representation or, if such is not the case, by the master. The first and the last day of the notice shall be noted on the notice.(5) The board of directors shall send a copy of the voter's list of maritime operations, the law and this regulation to each vessel belonging to the sea operation. Their inspection shall be made possible by the on-board representation or, if such a person does not exist, by the master. The inspection may be made possible by interpretation at an appropriate place, accessible to the electorate, on board, and by the use of information and communication equipment available in the holding. In addition, the head of the Management Committee shall send the voter list of the maritime establishment to the head of the holding of the holding of the farm, which shall be responsible for the conditions of the employees of the operation of the maritime sector. This Board of Management shall allow the inspection of the voter list of the operation of the sea in the same way as the voters ' list referred to in § 8.(6) § 9 (2) and (3) shall not be applied in the operation of the sea. The board of directors sends a notice to the voters 'list at the same time as the voters' list. It must contain the following information:
1.
the date of its dispatch;
2.
the names of the members of the company election board and its address;
3.
that the inspection of the the voter list of the sea operation, the law and this regulation on board will be made possible;
4.
that the inspection of the voter list of the sea operation shall also be carried out in the Land operation, which is responsible for the driving conditions of workers in the maritime sector, is made possible;
5.
that objection to the accuracy of the work the voters ' list can only be made in writing at the head of the board of directors within four weeks since they were sent; the last day of the deadline is to be stated;
6.
that objections to corrections and additions to the voter's list can only be inserted within four weeks since the correction or the supplement;
7.
that only employees who are registered in the voters ' list can participate in the election and in votes.
(7) In the maritime sector, § 10 is not , By way of derogation from § 12 para. 1, in the maritime operation
1.
an objection to the correctness of the voter list within four weeks since they were sent to the ships;
2.
an objection to a correction or addition to the voter list within four weeks Weeks since the correction or completion of the amendment.
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§ 99 Voting on the type of choice

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

§ 100 Announcement on the submission of election proposals

(1) The notice pursuant to section 26 (1) must be published in the maritime sector also include the following:
1.
that the inspection of the voter list of the sea operation, the the law and this Regulation shall be made possible on each vessel of the operation of the sea by the on-board representation, or, if such a ship does not exist, by the master;
2.
Inspection of the voter list of the operation of the sea, also in the farm, which is responsible for the driving conditions of workers in the operation of the sea;
3.
that the election proposals are made known by the curator or, if not, by the captain.
(2) Die in § 26 para. 1 The deadline for the submission of nominations shall be extended to 11 weeks, as set out in paragraph 2, point 3, and in section 27 (2).(3) § 26 (3) sentence 2 and (4) shall not apply in the operation of the sea; Section 26 (3) sentence 1 shall apply accordingly; section 98 (4) shall apply.(4) The minimum period referred to in Article 37 (2), first sentence, for the announcement of the nominations shall be extended to three weeks. It is necessary to obtain that the minimum period referred to in the first sentence between the date specified for the publication of the nominations on board and the beginning of the vote in the agricultural undertakings shall be for a timely vote by the workers and workers of the sea operation is not sufficient, the Management Committee may extend this minimum period to a maximum of five weeks. For the announcement of the election proposals in the sea operation, § 26 (3) sentence 1 shall apply in accordance with and section 98 (4) shall apply. Non-official table of contents

§ 101 Additional provisions governing the election proposal of senior executives

(1) The fourth sentence of § 31 (1) sentence 4 The deadline for the submission of voting proposals will be five weeks. The head of the Management Committee shall send a copy of the notice to each of the masters of the operation of the sea. Section 30 (4) and § 31 (4) sentence 2 and 3 and (5) shall not apply in the maritime operation; section 26 (5) shall apply.(2) By way of derogation from Section 32 (1), the Chief Executive Officer shall determine the day of the voting of the senior employees in such a way that the election proposal of the executive employees has been determined within 28 weeks since the nomination for the announcement according to § 30

Section 2
Direct Selection of Employees ' Supervisory Board Members

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§ 102 Maritime election letter

(1) The letter of voter in accordance with § 39 paragraph 1 must also contain the following information in the sea operation:
1.
that the workers of the sea operation vote in postal ballot;
2.
the time at which the ballot letters have to be received by the head of the board of directors.
(2) For the announcement of the voter's vote in the maritime business, § 39 (2) sentence 2 and 3 do not apply; § 26 (5) and section 98 (4) are to be applied. Non-official table of contents

§ 103 Voting levy in the election of members of the Supervisory Board of employees.

(1) Employees of the In the election of the members of the Supervisory Board of the employees, Seebetrieb shall vote in postal ballot. (2) At the same time, with the dispatch of the election proposals to the operating electoral boards (section 37 para. 2 sentence 2), the board of directors shall send the election proposals
a)
each ship the required documents to vote in a number that is the number of The ship's control crew exceeds by at least 10 per hundred,
b)
all the workers of the sea establishment who are aware of the fact that they are are not on board a ship, the documents required for voting and a copy of the ballot letter.
The on-board representation or, if such is not the case, the master shall have each crew member responsible for voting. to hand in the necessary documents. The election letters of the crew members of a ship should be sent to the head of the main election as simultaneously as possible.

Section 3
Election of the members of the Supervisory Board of the employees by Delegates

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§ 104 Election of Delegates

(1) Delegates are not elected in the maritime operation. § § 54 to 73 shall not be applied to the sea operation.(2) The employees of the maritime sector shall be directly involved in the election of the members of the Supervisory Board of the employees. Non-official table of contents

§ 105 Maritime Election Letter

(1) It is clear that the members of the Supervisory Board of the employees shall be members of the , the head of the Management Committee shall issue an election letter for the operation of the Maritime Company. It must contain the following information:
1.
that the members of the Supervisory Board of the employees are represented by delegates. selected;
2.
that no delegates are elected in the maritime operation;
3.
that the Employees of the maritime sector directly participate in the election of the members of the Supervisory Board of the employees;
4.
that the election only workers who are registered in the voter's list of seafarers;
5.
that the members of the Supervisory Board of the employees of
6.
that the workers of the sea-holding are elected in postal ballot;
7.
that each voter of the sea establishment receives election documents for all the ballots and that he can cast his vote for all ballots;
8.
that the vote is tied to election proposals;
9.
that the voice of a worker or a worker the worker of the sea holding is counted as a ninety-one of the vote of a delegate;
10.
the date by which the ballot letters at the head of the company election ,
11.
the address of the Management Board of Management.
(2) § 26 (5), § 39 (2) sentence 1 and section 98 (4) shall apply accordingly. Non-official table of contents

§ 106 Voting of workers in the maritime

(1) The employees of the Sea operations vote in the election of the members of the Supervisory Board of the employees in postal ballot. § § 49 and 50 are to be applied accordingly.(2) At the same time as the election proposals are sent to the operating electoral boards (section 37 para. 2 sentence 2), the head of the company shall send each vessel the documents required for the election of the members of the Supervisory Board of the employees; § 103 Paragraph 2 shall apply accordingly. The postal ballot letters must be available to the head of the company election until the end of the day before the Delegates ' Meeting.(3) By way of derogation from Section 74 (2) sentence 2, the Assembly of Delegates shall take place six weeks after the submission of the documents required for the vote. If it is to be obtained that this time is not sufficient for the proper voting of the employees of the sea operation, the head of the board of directors may extend it to a maximum of nine weeks.(4) The rules on voting and voting (§ § 78, 81 and 84) shall apply accordingly to the workers of the operation of the sea, with the following conditions: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
The delegate will be replaced by the delegates.
2.
The voter envelopes of the voter's voter are placed in a separate ballot box.
(5) The rules on the counting of votes (§ § 79 and 82) are to workers in the operation of the sea, subject to the following conditions:
1.
The votes of the seafarers ' voters will be counted separately.
2.
The 90 of these Votes are counted as a voice of a delegate. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. With more than 90 votes, a remainder of at least 45 votes will be counted as a vote of a delegate. The number of votes thus calculated shall be added to the number of votes cast by the votes cast by the delegates in the ballot box for the nomination.
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§ 107 Electoral Journal

§ 85 is not to be applied for the voting record. After determining who is elected, the head of the Management Committee shall determine separately for each ballot in a minutes:
1.
the number of
a)
from the delegates
b)
election envelopes issued by workers in the maritime sector
2.
the number of
a)
from the delegates valid votes cast,
b)
valid votes cast by the employees of the sea operation;
3.
the number of
a)
from the delegates invalid votes cast,
b)
invalid votes cast by seafarers ' workers;
4.
in the ratio
a)
the numbers of the the votes of the delegates falling on the individual election proposals,
b)
the figures of the votes of the female workers and the votes cast on the individual nominations; and Employees of the operation of the sea and the conversion of these votes to votes by delegates in accordance with Section 106 (5) (2),
c)
the sums of the nominees for the individual election proposals
d)
the calculated maximum figures and their votes. Distribution to the election proposals
5.
in the case of majority voting
a)
the numbers of the delegates ' votes on the individual candidates,
b)
the numbers of the votes of the employees of the seafarers and the conversion of these votes to the votes of the Delegates according to § 106 (5) (2),
c)
the sums of the votes of the delegates and the converted votes of the votes cast on the individual candidates. Workers in the maritime sector
6.
the names of the elected members of the Supervisory Board;
7.
the names of the replacement members selected for each member of the Supervisory Board;
8.
special during the choice of incidents or other events.

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

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Section 1
Common Procedure

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§ 108 Joint Specification

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

Section 2
Voting on the dismissiation of a member of the Supervisory Board elected by direct election of the Employees

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§ 109 Letter of Appeal for Maritime Operation, List of voters

(1) Die in § 92 (1) The period referred to in paragraph 2 shall be extended to six weeks.(2) The letter of appointment in accordance with § 92 must also contain the information referred to in § 102 (1) in the Seebetrieb (Maritime Operation).(3) § 98 (5) and (7) shall apply accordingly. Non-official table of contents

§ 110 Voting levy

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

Section 3
Voting on the convening of a delegate-elected member of the Supervisory Board of employees

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§ 111 Immediate vote, list of voters, communication to delegates

(1) SeeOperation workers will vote on the vote on a request to be convened directly.(2) At the same time as the list of delegates referred to in § 94, a list of persons entitled to vote of the Maritime Operation shall be drawn up; § 92 (3) and section 98 (5) to (7) shall apply accordingly.(3) The time limit referred to in Article 95 (1) sentence 2 shall be extended to 11 weeks. Section 106 (3) sentence 2 shall apply mutatily, with the proviso that the head of the company election may extend the period to a maximum of 14 weeks. Non-official table of contents

§ 112 Maritime Appointment Letter

At the latest eight weeks before the Assembly of Delegates, the Head of the Management Committee, a seagoing letter of appeal for the maritime business. Section 92 (2), first sentence, section 105 (1), second sentence, no. 3, 6 and 9 to 11, and (2) shall be applied accordingly. Non-official table of contents

Section 113 Voting, Notification of the Voting Results

The workers of the sea operation vote in Postal ballot. Section 103 (2) shall apply accordingly. § § 19, 20 and 96 shall apply accordingly to the workers of the sea operation with the following conditions:
1.
The delegates will be replaced by the delegates of the Maritime Business.
2.
The election envelopes of this Voters will be placed in a separate urn.
3.
The votes of these voters will be counted separately.
4.
The 90 of these votes are counted as one of a delegate's voice. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. For more than 90 votes, a remainder of at least 45 votes will be counted as one vote of a delegate.
5.
For the voting record, is § 107 sentence 2 nos. 1 to 3, 5, 6, and 8 accordingly.

Part 4
Transition and Final Provisions

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§ 114 First time application of the law to a company

(1) When applying the law to a company for the first time, the company has the right to apply the law in § 2 (a) notice of the announcement of the composition of the Supervisory Board, referred to in Article 97 (1) of the German Stock Corporation Act (AktG).(2) Electoral members shall be formed without delay in accordance with the notice referred to in § 2. In each establishment, the electoral list shall be drawn up immediately after the formation of the operating electoral board; § § 8 to 12 shall apply.(3) By way of derogation from the first sentence of Article 13 (1), the Management Board shall adopt the notices referred to in § § 13, 26 and 30, 19 weeks prior to the expected start of the term of office of the members of the employees ' Supervisory Board to be elected. If employees of a holding referred to in § 34 (1) of the Act (Seebetrieb) are also part of the election, the time limit referred to in sentence 1 shall be extended to 42 weeks. Non-official table of contents

§ 115 Calculation of time limits

For the calculation of the time limits specified in this Regulation, § § 186 to 193 of the To apply the Civil Code accordingly. Working days for the purposes of this Regulation are the days of the week from Monday to Friday, with the exception of the public holidays. Non-official table of contents

§ 116 Transitional rules

For elections or reps that are before the 1. The provisions of the Second Electoral Regulations on the Codetermination Act of 23 June 2002 have been introduced. June 1977 (BGBl. 893), as amended by Article 2 of the Regulation of 9. November 1990 (BGBl. 2487), even after their expiry in accordance with Section 40 (2) of the Codetermination Act of 4. May 1976 (BGBl. 1153), as last amended by Article 1 of the Law of 23. March 2002 (BGBl. 1130), the Commission has amended the procedure. Non-official table of contents

§ 117 Entry into force, expiry date

This Regulation enters into force the day after the announcement.