Labour Code of the German Democratic Republic

Original Language Title: Arbeitsgesetzbuch der Deutschen Demokratischen Republik

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Labour Code of the German Democratic Republic

Unofficial table of contents

AGB DDR

Date of completion: 16.06.1977

Full quote:

" Labour Code of the German Democratic Republic of 16 June 1977 (GBl. DDR 1977 I p. 185), which is defined by Article 54 of the Law of 26 May 1994 (BGBl. 1014).

Status: Amended by Art. 54 G v. 26.5.1994 I 1014

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 3.10.1990 + + +) 
(+ + + measures due to EinigVtr cf. AGB DDR Annex EV + + +)

In the joined area, part of the continuing legal provision of the former. German Democratic Republic gem. Appendix II. VIII Sachg. A Sect. II No. 1, chap. VIII Sachg. A Sect. III, No 1, chap. VIII Sachg. C Sect. III, No 1, chap. VIII Sachg. I sect. III, No 4, chap. X Sachg. A Sect. No. 1 and 4, chap. X Sachg. H An. III No 1 in accordance with d. Art. 9 EinigVtr v. 31.8.1990 iVm Art. 1 G v. 23.9.1990 II 885, 1207, 1208, 1216, 1218, 1220 mWv 3.10.1990. Unofficial table of contents

table of contents

Preamble (dropped)
1. Chapter: (omitted) § § 1-17
2. Chapter: (omitted) § § 18-37
3. Chapter: Conclusion, amendment and dissolution of the employment contract § § 38-70b
4. Chapter: (omitted) § § 71-94a
5. Chapter: Remuneration for remuneration § § 95-128a
6. Chapter: (omitted) § § 129-144
7. Chapter: (omitted) § § 145-159
8. Chapter: Working time § § 160-188a
9. Chapter: (omitted) § § 189-200a
10. Chapter: (omitted) § § 201-222
11. Chapter: (dropped) § § 223-239
12. Chapter: Special rights of the working woman and mother § § 240-251
13. Chapter: (omitted) § § 252-266
14. Chapter: (omitted) § § 267-273
15. Chapter: (omitted) § § 274-290
16. Chapter: (omitted) § § 291-295
17. Chapter: (omitted) § § 296-305
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Preamble

-

1. and 2.

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§ § 1 to 37 (omitted)

Chapter 3
Conclusion, amendment and dissolution of the employment contract

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§ § 38 to 50 (omitted)

-
Repeal Contract

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§ § 51 to 57 (omitted)

-
Special protection against dismissal

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Section 58

(1) The employer may:
a)
fighters against the fascism and persecuted fascism,
b)
Pregnant, breast-feeding mothers, mothers and/or mothers Fathers with children up to one year, mothers and/or mothers Vätern during the period of exemption after the holidays in accordance with § 246, paragraphs 1 and 2, and single-parent employees with children up to 3 years of age,
c)
(2) In the event of closure of establishments or parts of businesses, an exceptional notice of termination shall be admissible after prior written consent of the employment office responsible for the holding or part of the operating system. The employment office shall exercise this responsibility until the provision of another authority. Unofficial table of contents

§ 59

(1) (2) The prior written consent of the working office responsible for the holding or part of the holding shall be required for the termination of the employees referred to in § 58 (1) (a) and (b) without notice. The consent may exceptionally be obtained within one week of the date of its opposition. The employment office shall exercise this responsibility until the provision of another authority. The employer shall be obliged to inform the employee of the consent. Unofficial table of contents

§ § 59a to 61 (omitted)

-
Dismise

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§ § 62 to 66 (omitted)

-
Assessment

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§ § 67 to 70b (omitted)

Chapter 4

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§ § 71 to 94a (omitted)

Chapter 5
Remuneration

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§ § 95 to 115 (omitted)

-
Repayment of pay in case of illness

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§ § 115a to 115e (to be omitted)

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§ § 115f to 128a (omitted)

6. and 7. Chapter

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§ § 129 to 159 (omitted)

8. Chapter
Working Time

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§ § 160 to 167 (omitted)

-
Sundays and holiday work

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§ 168

(1) (2) Public holidays are 1 January, Good Friday, Easter Sunday, Easter Monday, 1 May, the Ascension of the Ascension, Pentecost Sunday, Pentecost Monday, Bußtag and 25. and 26 December, and further legislation and regional public holidays. (3) (4) Unofficial table of contents

§ § 169 to 180 (omitted)

-
Exemption from work

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§ § 181 to 188a (omitted)

9. Chapter

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§ § 189 to 200a (omitted)

10. Chapter

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§ § 201 to 222 (omitted)

Chapter 11

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§ § 223 to 239 (omitted)

12. Chapter
Special rights of working woman and mother

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§ § 240 and 241 (omitted)

-
Special protection of the working woman in the interests of motherhood

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§ § 242 and 243 (omitted)

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Section 244

(1) Women receive maternity leave for a period of 6 weeks prior to birth and a week leave for a period of 20 weeks after the birth of the maternity leave. In the case of multiple births or complicated decommitments, the weekly holiday is 22 weeks. (2) In the case of premature delivery, the weekly leave shall be extended by the period of non-entitlement to maternity leave. In the event of late birth, the period of maternity leave is extended until the day of deprivation. (3) If the child is still in steady-state treatment after 6 weeks after the release, or at a later date before the end of the period, the child will be left to The mother has the right to interrupt the weekly leave and, in the interest of caring for the child, the remaining time of the leave of the week from the end of the child's inpatient stay in the Claim to be taken. The rest of the weekly leave must be taken at the latest one year after the interruption. (4) For the duration of the period of pregnancy and weekly leave, the women receive pregnancy and weekly allowances equal to the net average earnings of the Social security. Unofficial table of contents

§ 245

(1) Women should be granted, at the request of the annual holiday leave, prior to the gestation or immediately after the holidays. (2)

-
Exemption after a week's holiday

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§ 246

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§ 247

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§ § 248 and 249 (omitted)

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§ § 250 and 251 (omitted)

Chapter 13

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§ § 252 to 266 (omitted)

Chapter 14

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§ § 267 to 273 (omitted)

15 to 17. Chapter

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§ § 274 to 305 (omitted)

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Final formula

The Chairman of the State Council of the German Democratic Republic Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex II, Chapter III, and Chapter X
(BGBl. II 1990, 889, 1207, 1208, 1216, 1218, 1220)

-Chapter VIII, Sachgebiet A, Section II (BGBl). II 1990, 1207)-
The following law of the German Democratic Republic shall remain in force with the following amendments:
1.
Section 115b of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):
a)
§ 115b (1) shall be replaced by the following paragraphs 1 to 3: " (1) For the period referred to in § 115a (1), the employee shall continue to pay the remuneration payable to him at the regular working time which shall apply to him. Excluded are solutions, dirt allowances and similar services, insofar as the right to them depends on them in the case of the working capacity of the employee, whether and to what extent the employee expenses which are covered by these benefits , and the employee does not have such expenses incurred during the incapacity to work. If the employee receives a chord wage or any other remuneration paid to the result of the work, the average earnings to be paid by the employee in the regular working time for him are to be paid. (2) In the event of a reduction in operation and, therefore, the worker's remuneration would be reduced in the case of his or her working capacity, the reduced working time shall be for the duration of the worker's duration as the regular working time for the worker, in the sense of the Paragraph 1. This does not apply in the case of § 1 para. 2 of the Act to regulate the payment of wages on public holidays. (3) The provisions of paragraphs 1 and 2 may be deviated by collective agreement. Within the scope of such a collective agreement between non-tariff employers and employees, the application of the collective agreement on the payment of pay in the case of sickness can be agreed. "
b)
Section 115b (2) becomes Section 115b (4) and is valid until 30 June 1991.
-Chapter VIII, Sachgebiet A, Section III (BGBl). II 1990, 1207)-
The following law of the German Democratic Republic shall remain in force with the following measures:
1.
The following paragraphs of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):
a)
§ § 55, 58 (1) (a) and (2), § 59 (2), § § 115a, 115c bis e shall continue.
b)
Section 58 (1) (b) shall apply until 31 December 1990. Beyond that date, it shall apply:
aa)
for mothers or Fathers, whose child was born before 1 January 1991, and
bb)
for single-parent workers, the child of which was born before 1 January 1992. Section 58 (1) (b) of the German Federal Law on the Protection of the Rights of the Federal Republic of Germany (§ 9 of the Maternity Protection Act) and the § 18 Bundeserziehungsgeldgesetz (Federal Law of
c)
§ § 62 to 66 shall apply until 31 December 1991.
d)
§ 70 shall apply until 31 December 1991.
e)
Section 186 shall apply until 30 June 1991.
f)
§ § 260 to 265a shall apply until 31 December 1991.
g)
§ § 267 to 269a shall apply until 31 December 1990.
2.
to 4. ...
-Chapter VIII, Section III, Section III (BGBl). II 1990, 1208),
The following law of the German Democratic Republic shall remain in force with the following measures:
1.
The following paragraphs of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). I n ° 35 p. 371):
a)
Section 168 (1), (3) and (4) shall apply until 31 December 1992.
b)
§ 168 (2) applies until the entry into force of national regulations on Sundays and holiday rest.
c)
Section 185 shall apply until 31 December 1991.
2.
to 5. ...
-Chapter VIII, Sachgebiet I, Section III, point 4 (BGBl). II 1990, 1216)-
The following law of the German Democratic Republic shall remain in force with the following measures:
1.
to 3. ...
4.
§ § 220 and 221 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law of 22 June 1990 (GBl). 35 p. 371), remain in force until 31 December 1991.
5.
...
-Chapter X, Sachgebiet A, Section III (BGBl). II 1990, 1218)
The following law of the German Democratic Republic shall remain in force with the following measures:
1.
§ 242, 243 para. 1, § § 248 and 249 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following proviso: these provisions shall apply until 31 December 1990.
2.
and 3. ...
4.
§ § 244, 245 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following measures:
a)
The provisions remain in force until 31 December 1990 and shall apply beyond that date only for births before 1 January 1991.
b)
The average wage and net average earnings are calculated in accordance with the Regulation on the calculation of average earnings and on the payroll payment of 21 December 1961 (GBl. II No 83 p. 551; Ber. GBl. II 1962 No 2 p. 11), as last amended by the Regulation of 25 March 1982 (GBl). 253), as well as Articles 69 to 75 of the Ordinances on the Social Security Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 35 p. 373).
5.
up to 12. ...
-Chapter X, Sachgebiet H, Section III (BGBl. II 1990, 1220)
The following law of the German Democratic Republic shall remain in force with the following measures:
1.
Section 246 of the Labour Code of the German Democratic Republic of 16 June 1977 (GBl. 185), as last amended by the Law amending and supplementing the Labour Code of 22 June 1990 (GBl). 35 p. 371), with the following measures:
a)
As from 1 January 1991, the rules shall apply only to children born before 1 January 1991.
b)
They shall apply until 31 December 1993.
c)
The average wage and net average earnings are calculated in accordance with the Regulation on the calculation of average earnings and on the payroll payment of 21 December 1961 (GBl. II No 83 p. 551; Ber. GBl. II 1962 No 2 p. 11), as last amended by the Regulation of 25 March 1982 (GBl). 253), as well as Articles 69 to 75 of the Ordinances on the Social Security Insurance of Workers and Employees-SVO-of 17 November 1977 (GBl. 373) as amended by the Regulation on the amendment or repeal of legislation of 28 June 1990 (GBl). I n ° 38 p. 509).
2.
up to 17. ...

Footnote

Appendix II. VIII Sachgeb. A Sect. II and III (italic pressure): § § 115a to 115e of the German Democratic Republic (GDR). by Art. 54 G v. 26.5.1994 I 1014 mWv 1.1.1995