Labour Court Act

Original Language Title: Arbeitsgerichtsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Labour Court Act

Unofficial table of contents

ArbGG

Date of completion: 03.09.1953

Full quote:

" Labour Courts Act, as amended by the Notice of 2 July 1979 (BGBl. I p. 853, 1036), most recently by Article 2 of the Law of 3 July 2015 (BGBl. 1130).

Status: New by Bek. v. 2.7.1979 I 853, 1036;
Last amended by Art. 2 G v. 3.7.2015 I 1130

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1981 + + +) 
(+ + + measures due to EinigVtr cf. ArbGG Annex EV;
the measures are no longer to be applied + + +)

Part one
General provisions

Unofficial table of contents

§ 1 Courts for work

§ § § 14 to 31-, the Landesarbeitsgericht-§ § 33 to 39-and the Federal Labour Court-§ § 40 to 45-(courts for work cases) are exercised. Unofficial table of contents

§ 2 Jurisdiction in the judgment

(1) The courts for work items shall be responsible for:
1.
civil disputes between parties to collective agreements or between these parties and third parties from collective agreements or the existence or non-existence of collective agreements;
2.
civil litigation between parties to the agreement or between them and third parties arising from unauthorised acts, in so far as they are measures for the purpose of the industrial action or questions of freedom of association, including the the related rights of associations of associations;
3.
civil litigation between employees and employers
a)
from the employment relationship;
b)
on the existence or non-existence of an employment relationship;
c)
from negotiations on the commission of an employment relationship and on its aftermath;
d)
in the case of unauthorised activities, in so far as they are related to the employment relationship;
e)
on working papers;
4.
civil litigation between workers or their survivors and
a)
Employers of claims relating to the employment relationship in a legal or direct economic context;
b)
collective bodies of collective bargaining parties or social institutions of private law, on the basis of the employment relationship or claims relating to the employment relationship in a legal or direct economic context,
insofar as the exclusive jurisdiction of another court is not given;
5.
Civil litigation between employees or their survivors and the institution of insolvency insurance for claims on insolvency protection benefits under the fourth section of the first part of the law to improve the occupational retirement provision;
6.
civil litigation between employers and bodies referred to in point 4 (b) and (5) and between those bodies, unless the exclusive jurisdiction of another court is given;
7.
civil litigation between development workers and development service providers under the Development Helpers Act;
8.
civil litigation between the institutions of the voluntary social or ecological year or the employment agencies and volunteers in accordance with the Youth Voluntary Service Act;
8a.
civil litigation between the Federal Government or the authorities of the Federal Voluntary Service or its institutions and volunteers in accordance with the Federal Voluntary Service Act;
9.
civil litigation between workers on the basis of joint work and unauthorised activities, in so far as they are related to the employment relationship;
10.
Civil litigation between disabled persons in the work area of the workshops for disabled persons and the institutions of the workshops from the employees ' similar to those regulated in § 138 of the German Social Code Legal relationships.
(2) The courts for work matters shall also be responsible for civil disputes between employees and employers,
a)
the sole purpose of which is the performance of an established or fixed remuneration for an employee's invention or for a technical improvement proposal pursuant to section 20 (1) of the Act on Employees ' inventions;
b)
which, as copyright disputes arising out of employment relationships, have exclusive rights to the performance of an agreed remuneration.
(3) In the case of cases of work other than those referred to in paragraphs 1 and 2, proceedings may be brought before the courts for work, if the claim is made with a civil service pending before a working court or simultaneously pending. The validity of the nature of the species referred to in paragraphs 1 and 2 is in a legal or direct economic context and its assertion is not the exclusive jurisdiction of any other court. (4) Agreement may also include civil litigation between legal entities Persons of private law and persons who are appointed by law alone or as members of the representative body of the legal person for their representation, are brought before the courts for work. (5) In litigation after These provisions shall be followed by the judgment procedure. Unofficial table of contents

Section 2a Jurisdiction in the decision-making procedure

(1) The courts for work items shall also be responsible for:
1.
Matters arising from the Works Constitution Act, unless the jurisdiction of another court is given for measures in accordance with § § 119 to 121 of this Act;
2.
Matters arising from the Spokesperson's Committee on Foreign Affairs, unless the jurisdiction of another court is given for measures in accordance with § § 34 to 36 of this Act;
3.
Matters arising from the Codetermination Act, the Co-Determination Act and the Third Participation Act, insofar as the election of representatives of the employees to the Supervisory Board and their dismisses with the exception of the convening of the Supervisory Board pursuant to § 103 paragraph 3 of the German Stock Corporation Act (AktG);
3a.
Affairs from § § 94, 95, 139 of the Ninth Book Social Code,
3b.
Matters arising from the Act on European Works Councils, unless the jurisdiction of another court is given for measures in accordance with Sections 43 to 45 of this Act;
3c.
Matters arising from § 51 of the Vocational Training Act;
3d.
Matters from § 10 of the Federal Voluntary Service Act;
3e.
Matters arising from the SE-Investment Act of 22 December 2004 (BGBl. 3675, 3686) with the exception of § § 45 and 46 and in accordance with § § 34 to 39 only in so far as the election of representatives of the employees to the supervisory or administrative organ as well as their dismissiation with the exception of the convocation pursuant to § 103 (3) of the the law of the Stock Corporation Act;
3f.
Matters arising from the SCE Participation Act of 14 August 2006 (BGBl. 1911, 1917) with the exception of sections 47 and 48 and in accordance with § § 34 to 39 only in so far as the election of representatives of the employees to the supervisory or administrative organ as well as their dismissiation must be decided;
3g.
Matters arising from the Act on the Co-determination of Workers in a Cross-border merger of 21 December 2006 (BGBl. 3332) with the exception of § § 34 and 35 and in accordance with § § 23 to 28 only insofar as the election of representatives of the employees to the supervisory or administrative organ as well as their dismise with the exception of the dismise pursuant to § 103 (3) of the the law of the Stock Corporation Act;
4.
the decision on the rate of collective bargaining and the collective bargaining power of an association;
5.
the decision on the effectiveness of a general liability declaration in accordance with § 5 of the German Collective Bargaining Agreement, a legal regulation pursuant to § 7 or § 7a of the Employees ' Posting Act and a legal regulation pursuant to § 3a of the German Code of Law. Workers ' Redundancy Act;
6.
the decision on the collective agreement applicable in operation pursuant to Article 4a (2), second sentence, of the collective agreements act.
(2) The decision-making procedure shall take place in disputes under these rules. Unofficial table of contents

§ 3 Jurisdiction in other cases

The jurisdiction established in § § 2 and 2a shall also exist in cases in which the legal proceedings are conducted by a legal successor or by a person who, by virtue of the law, takes the place of the person entitled to the right or pledge for this purpose. is authorized. Unofficial table of contents

§ 4 Exclusion of the labour court

In the cases of § 2 (1) and (2), the working jurisdiction can be excluded in accordance with § § 101 to 110. Unofficial table of contents

§ 5 Concept of the worker

(1) Workers within the meaning of this Act are workers and employees and those employed for their vocational training. Employees and employees who are employed in home employment are also considered to be employees (§ 1 of the Heimarbeitsgesetz of 14 March 1951-Bundesgesetzbl. 191-) and other persons who, because of their economic independence, are to be considered as workers-like persons. Employees shall not be regarded as employees of a legal person or of a person as a whole, the law, the statutes or the social contract alone or as members of the representative body to represent the legal person. (2) Officials are not employees as such. (3) Commercial agents shall be deemed to be employees within the meaning of this Act only if they belong to the group of persons for which the trade code is governed by Article 92a of the Commercial Code. the lower limit of the contractual services of the entrepru , and if during the last six months of the contractual relationship, in the case of a shorter contract period during the latter, on average no more than EUR 1 000 per month on the basis of the contractual relationship with remuneration, including commission and Replacement for expenses incurred in regular business operations. The Federal Ministry of Labour and Social Affairs and the Federal Ministry of Justice may, in agreement with the Federal Ministry of Economics and Technology, the remuneration limit determined in the first sentence of sentence 1 by means of a legal regulation which does not give the consent of the Federal Council, adjust the respective wage and price ratios. Unofficial table of contents

Section 6 Occupation of the courts in the case of work

(1) The courts for work items are filled with professional judges and with voluntary judges from the employees 'and employers' circles. (2) (omitted) Unofficial table of contents

§ 6a General provisions relating to the Bureau and the distribution of business

The provisions of the Second Title of the Law of the Court of Justice shall apply in accordance with the following provisions in respect of the Courts of Labour Matters:
1.
In the case of a working court with fewer than three judge's posts, the duties of the Bureau shall be exercised by the Chairman or, if two Chairmen are appointed, in agreement with the Chairperson. If the chairmen do not agree, the Bureau of the Regional Labour Court or, in so far as it does not exist, the President of the Court of Justice shall decide.
2.
In the case of a national labour court with fewer than three judge's posts, the duties of the Bureau by the President, where a second chairman is present, shall be carried out in consultation with the President.
3.
The supervisory judge shall determine which judicial tasks he exercises.
4.
Each honorary judge can belong to several sprouchbodies.
5.
The professional judges shall be chaired by the Chambers of the Labour Courts.
Unofficial table of contents

§ 7 Office, application of the funds

(1) A place of business shall be established in each case of each court for work, which shall be filled with the necessary number of official documents. The office of the Federal Labour Court determines the institution of the office of the Federal Ministry of Labour and Social Affairs in consultation with the Federal Ministry of Justice. The establishment of the office shall be determined by the competent supreme authority in the labour courts and regional labour courts. (2) The costs of the labour courts and the national labour courts shall be borne by the country which it is establishing. The costs of the Federal Labour Court are borne by the Federal Government. Unofficial table of contents

§ 8 Procedure of the procedure

(1) In the first legal proceedings the working courts are competent, insofar as nothing else is determined by law. (2) The appeal to the national labour courts shall be held against the judgments of the Labour Courts in accordance with Section 64 (1). (3) Judgments of the Landesarbeitsgericht (Landesarbeitsgericht) shall be reviewed by the Federal Labour Court in accordance with Section 72 (1). (4) The appeal to the State Labour Court against the decisions of the Labour Courts and its chairpersons in the decision-making procedure shall be found in the in accordance with § 87. (5) Against the decisions of the Landesarbeitsgericht im The decision-making procedure shall take place on the basis of Section 92 of the Federal Labour Court. Unofficial table of contents

Section 9 General procedural rules and legal protection in the event of excessive legal proceedings

(1) The proceedings shall be expedited in all legal proceedings. (2) The provisions of the Court of Justice Act on delivery and enforcement officers, on the maintenance of the order in the session, on the court language, on the The exercise of judicial business by means of referenals and by means of consultation and voting shall apply in all legal proceedings. The provisions of the Seventeenth Title of the Constitutional Law are to be applied in accordance with the conditions laid down by the Federal Court of Labour, the Federal Court of Labour and the Federal Court of Labour, to the place of the Oberlandesgericht (Higher Regional Court). (3) The rules governing the conduct of business in the ordinary courts by legal providers shall apply in accordance with all legal provisions. Only civil servants who have passed the judicial review or the exams for the upscale service in the field of employment jurisdiction can be appointed as legal experts. (4) witnesses and experts receive compensation or remuneration in accordance with the Justice and compensation law. (5) All decisions, which can be challenged by a temporary appeal, contain the information on the legal remedy. In so far as an appeal is not available, an appropriate instruction shall be issued. The time limit for an appeal shall begin only if the party or the party concerned has been informed in writing about the appeal and the court in which the appeal is to be submitted, the address of the court and the time limit and form to be observed. If the instruction is not or improperly given, the appeal shall only be allowed within one year from the date of notification of the decision, except where the deposit was impossible before the end of the year following force majeure. or an instruction has been made to the effect that an appeal has not been given; § 234 (1), (2) and (2) (2) of the Code of Civil Procedure shall apply in the case of force majeure. Unofficial table of contents

§ 10 Party capability

Trade unions and associations of employers as well as associations of such associations are also party-capable in the proceedings of employment law; in the cases of Section 2a (1) (1) to (3f), they are also those under the German Works Constitution Act, the The German Act on Participation in the Law of Codetermination, the Co-Determination Act, the Third Participation Act, § 139 of the ninth Book of the Social Code, Section 51 of the Vocational Training Act and the laws of this law Legal regulations, as well as those under the Act on European Works Councils, the SE-Participation Act, the SCE Participation Act and the Act on the participation of employees in the case of persons and entities involved in a cross-border merger. In the cases of Section 2a (1) (4), the associations of employees and employers involved, as well as the supreme labour authority of the Federal Government or of those countries in whose area the Activities of the Association. In the cases of Section 2a (1) (5), the highest employment authority of the federal government or the supreme employment authority of a country are also party-capable in the working court proceedings, insofar as they transfer rights in accordance with Section 5 (6) of the Collaract Agreement . Unofficial table of contents

§ 11 Process representation

(1) The parties may, before the Labour Court, lead the dispute itself. Parties claiming a foreign or other monetary claim for the purpose of confiscation on a foreign invoice must be represented by a lawyer acting as an authorised representative, in so far as they are not represented in accordance with the provisions of paragraph 2 of this Article. (2) The parties may be represented by a lawyer acting as an authorized representative. In addition, as authorised representative before the Labour Court, there are only authorized representatives.
1.
Employees of the party or of a company affiliated with it (Section 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including the concentrations that they have formed to fulfil their public duties may also be represented by employees of other authorities or legal persons under public law, including the concentrations which they have formed to fulfil their public duties,
2.
full-year family members (§ 15 of the Tax Code, § 11 of the Life Partnership Act), persons with competence to the judge's office and contentions if the representation is not related to a fee-based activity,
3.
self-employed associations of workers with social or professional-policy purpose for their members,
4.
trade unions and associations of employers and associations of such associations for their members or for other associations or associations with a similar orientation and their members,
5.
legal persons whose shares are all in the economic property of one of the organisations referred to in point 4, if the legal person is exclusively the legal advice and representation of that organisation and its legal representation. Members or other associations or associations with a comparable orientation and their members shall carry out their statutes in accordance with their statutes, and if the organisation is liable for the activities of the plenipotentiaries.
Agents who are not natural persons shall act by their institutions and representatives of the process representative. (3) The Court of First Instance has authorized agents who are not authorized to represent them in accordance with the provisions of paragraph 2 of this Article, by indisputable Decision back. Acts of a non-representative authorised representative and of any delivery or communications to such agents shall take effect until such time as they are rejected. The Court of First Instance may, by means of an indisputable decision, prohibit the further representation of the agent referred to in the second sentence of the second sentence of paragraph 2 (2) (1) to (3) if they are not in a position to present the property and dispute in a proper way. (4) The Federal Labour Court and the Landesarbeitsgericht (State Labour Court) shall, except in the proceedings before a representative or requested judge, and in the case of procedural acts which may be carried out before the Office of the Office of the Office, shall be the subject of: Allow the representatives of the process to be represented. In addition to lawyers, only the organisations referred to in the second sentence of the second sentence of paragraph 2 (2) and (5) shall be admitted as agents. They must act in proceedings before the Federal Labour Court by persons with competence to the judge's office. A party entitled to represent itself in accordance with the second sentence of sentence 2 may represent itself; sentence 3 shall remain unaffected. (5) Judges may not appear as agents before the court to which they belong. In addition to the cases referred to in the second sentence of the second sentence of paragraph 2, honorary judges shall not be allowed to appear in front of a body of sprout to which they belong. The first and second sentences of paragraph 3 shall apply accordingly. (6) In the hearing, the parties may appear with appretions. It may be possible who, in proceedings in which the parties can carry out the dispute itself, is empowered to represent in the trial as an agent. The court may allow other persons to assist them if this is relevant and there is a need to do so in accordance with the circumstances of the case. The provisions of the first and third sentences of paragraph 3 and paragraph 5 shall apply accordingly. The assistance referred to by the assistance shall be deemed to have been brought forward by the party, unless it is immediately revoked or corrected by the party. Unofficial table of contents

Section 11a Legal advising of a lawyer, legal aid

(1) The rules of the Code of Civil Procedure on legal aid and cross-border legal aid within the European Union pursuant to Directive 2003 /8/EC shall apply in proceedings before the courts for work. (2) The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to make forms for the declaration of the party on its personal and/or personal and personal data in order to simplify and standardize the procedure by means of a legal regulation. economic conditions (Section 117 (2) of the Civil Procedure Code). Unofficial table of contents

§ 12 Costs

The Law on Administrative Law and the Code of Justice Rules shall apply mutatily to the extent that they are not directly applicable. In the event of confiscation of the judicial and administrative costs, the enforcement authorities of the judicial administration or the bodies which are otherwise competent by national law shall assist the courts in the case of work matters, insofar as they do not perform these tasks as their own . The executing authority is the Justice Department of the Federal Labour Court for the claims arising from the Federal Labour Court. Unofficial table of contents

Section 12a Costing obligation

(1) In the judgment proceedings of the first legal suit, there is no claim of the obsietive party for compensation due to time failure and reimbursement of the costs of the confiscation of a process representative or councage. Before the conclusion of the agreement on representation, reference should be made to the exclusion of the reimbursement of expenses as set out in the first sentence. Sentence 1 shall not apply to costs incurred by the defendant by the plaintiff of a court of ordinary jurisdiction, general administrative jurisdiction, financial or social jurisdiction, and the litigation of the defendant. referred to the labour court. (2) In the judgment procedure of the second and third legal proceedings, the costs are fairly divided in accordance with § 92 (1) of the Code of Civil Procedure and the one party is by a lawyer, the other party by represent a representative of the association pursuant to section 11 (2), second sentence, no. 4 and 5, that party shall be in respect of extra-judicial costs, as if it had been represented by a lawyer. However, claims for reimbursement are only available to the extent that their costs have actually been incurred in the individual case. Unofficial table of contents

Section 13 Legal assistance

(1) The Labour Courts shall provide legal assistance to the courts in the case of work. If the official act is to be carried out outside the seat of a labour court, the Local Court shall provide legal assistance. (2) The provisions of the Law on Legal Assistance and the Introductory Act on the Law of the Court of Justice on Legal Assistance and the Law on Legal Affairs of the Court of Justice The application shall be subject to cross-procedure communications from its own. Unofficial table of contents

§ 13a International procedures

The provisions of Book 11 of the Code of Civil Procedure on judicial cooperation in the European Union shall apply in proceedings before the courts for work in so far as this law does not determine anything else.

Part two
Establishment of the courts for work

First section
Labour Courts

Unofficial table of contents

Section 14 Establishment and organisation

(1) Labour courts are established in the countries. (2) By law are ordered
1.
the establishment and the lifting of a labour court;
2.
the transfer of a place of jurisdiction;
3.
changes in the demarcation of the judicial districts;
4.
the allocation of individual subject areas to a working court for the districts of several labour courts;
5.
the establishment of the Chambers of the Labour Court in other places;
6.
the transfer of pending proceedings to another court in the case of measures under points 1, 3 and 4 if the competence is not to comply with the rules in force so far.
(3) Several countries may agree to establish a common labour court or common chambers of a working court or to extend jurisdiction beyond the national borders, including for individual matters. (4) The competent the supreme state authority may order that court days be held outside the seat of the Labour Court. The State Government may also determine by means of a decree law that court days shall be held outside the seat of the Labour Court. The State Government may transfer the authorization pursuant to sentence 2 to the competent supreme state authority by means of a legal regulation. (5) In the preparation of statutory provisions pursuant to paragraphs 1 to 5 and paragraph 3, the trade unions and To listen to associations of employers who have a vital role to play in working life in the territory of the country. Unofficial table of contents

Section 15 Administration and supervision

(1) The management and supervision of services shall be managed by the competent national competent authority. The associations referred to in Article 14 (5) must be heard before general orders concerning the administration and supervision of services, in so far as they are not of a purely technical nature. (2) The State Government may, by means of a legal regulation, be able to do business in the Administration and supervision of the office of the President of the State Labour Court or the Chairman of the Labour Court or, if there are several chairpersons, one of them. The State Government may transfer the authorization pursuant to sentence 1 to the competent supreme state authority by means of a legal regulation. Unofficial table of contents

§ 16 Composition

(1) The working court shall consist of the necessary number of chairpersons and honorary judges. The honorary judges are each taken out of the circles of the employees and the employers. (2) Each chamber of the working court is appointed in the occupation with a chairman and a honorary judge from among the circles of the employees and employers. Unofficial table of contents

Section 17 Formation of Chambers

(1) The competent supreme state authority shall determine the number of chambers after hearing the associations referred to in § 14 (5). (2) As far as there is a need, the provincial government may, by means of a legal regulation for the disputes of certain professions, and Trade and certain categories of workers constitute specialist chambers. The jurisdiction of a compartment may be extended to the districts of other labour courts or parts of them by means of a regulation, provided that the extension is appropriate for the purpose of promoting or speeding up the procedures. The rules of law on the basis of the first and second sentences of 1 and 2 shall apply to the transfer of pending proceedings to another court, provided that the rules are appropriate for the proper execution of the procedures and the competence does not fall within the scope of the shall be subject to current rules. § 14 (5) must be applied accordingly. (3) The Land Government may transfer the authorisation referred to in paragraph 2 by means of a regulation to the competent supreme state authority. Unofficial table of contents

Section 18 Appointment of the Chairpersons

(1) The chairpersons shall be appointed on a proposal from the competent authority of the competent authority, after consultation with a committee, in accordance with the provisions of the national law. (2) The committee shall be established by the competent supreme authority of the state. He/she must also be members of the trade unions and associations of employers and of the labour courts. (3) A chairman may at the same time be a member of the judge's office for another (4)-(6) (omitted) (7) In the case of the labour courts, judges can be used on the test and judge by order of the order. Unofficial table of contents

Section 19 Permanent Representation

(1) If a working court is only occupied by a chairperson, the Bureau of the Landesarbeitsgericht shall instruct a judge of his district with the permanent representation of the chairman. (2) The temporary representation shall be held in a working court by a judge of another court, the Presidium of the Landesarbeitsgericht shall instruct a judge of his district for a maximum period of two months with the representation. In urgent cases, the President of the Regional Labour Court may appoint a temporary representative instead of the Bureau. The reasons for the order are to be laid down in writing. Unofficial table of contents

§ 20 vocation of the honorary judges

(1) The honorary judges shall be appointed by the competent supreme state authority or by the body appointed by the provincial government by means of a legal regulation for the duration of five years. The State Government may transfer the authorization pursuant to sentence 1 to the competent supreme state authority by means of a legal regulation. (2) The honorary judges shall be in a reasonable proportion, taking into account the minorities, from the List of proposals presented to the competent authority by the trade unions in the country, the self-employed associations of employees with social or professional purpose and employers ' associations, as well as those in § 22 2, point 3, bodies or their employers ' associations to be submitted. Unofficial table of contents

§ 21 Conditions for the appointment as honorary judge

(1) As honorary judges, employees and employers are to be appointed, which is the 25. (2) excluded from the office of the honorary judge is excluded, the following shall not be taken into account.
1.
Who, as a result of judicial proceedings, does not have the ability to hold public office or has been sentenced to imprisonment for more than six months on account of an intentional act;
2.
who is accused of an act which may lead to the loss of the ability to hold public office;
3.
who does not have the right to vote for the German Bundestag.
Persons who have fallen into an infestation shall not be called as honorary judges. (3) Officials and employees of a court for work must not be called as honorary judges. (4) The office of the honorary judge Judge, who is appointed to the honorary judge in a higher legal suit, ends with the beginning of the term in the higher legal suit. No one may be a honorary judge of the workers 'side and of the employers' side, or be appointed as a honorary judge in case of more than one court for work. (5) The absence of a condition for appeal shall be made. If a condition is subsequently known or if a condition is subsequently continued, the honorary judge shall be unbound from his office at the request of the competent authority (§ 20) or on his own request. The Chamber of the State Labour Court shall decide on the application in advance by the Bureau for each financial year. Before the decision, the honorary judge is to be heard. The decision shall be indisputable. The board responsible in accordance with the second sentence may order that the honorary judge should not be taken up by the office until the decision on disconnection. (6) The honorary judge dismisses his status as an employee or employer. If the age limit is reached, paragraph 5 shall apply, subject to the proviso that the withdrawal from the Office shall be admissible only at the request of the honorary judge. Unofficial table of contents

Section 22 Honorary Official of the Employers ' Circles

(1) Honorary Judge from circles of employers may also be who temporarily or regularly does not employ employees at certain times of the year. (2) To honorary judges from circles of employers may also be appointed
1.
in the case of holdings of a legal person or of a person as a whole, persons who, by virtue of the law, the articles of association or the social contract, alone or as members of the representative body, represent the legal person or the entire person. are appointed;
2.
managing directors, operations managers or personnel managers, insofar as they are entitled to recruit employees to the holding, or persons to whom Prokura or general authority is granted;
3.
in the case of the Federal Government, the Länder, the municipalities, the municipal associations and other bodies, institutions and foundations of the public law, officials and employees shall, according to the order of the competent supreme federal or state authority, be arranged in a more detailed way;
4.
Members and employees of associations of employers and members of the Management Board and employees of associations of such associations, if these persons are authorised to represent them by virtue of their statutes or power of atonation.
Unofficial table of contents

Section 23 Honorary Official of the Workers ' Circles

(1) Honorary Judge from the workers ' circles may also be who is unemployed. (2) The employees are members of the appeal as honorary judges and employees of unions, of independent associations of Employees with social or professional policy purpose, as well as board members and employees of unions of unions, if these persons are empowered to represent them by statute or power of attestant. The same shall apply to agents acting as employees of legal persons whose shares are all in the economic property of one of the organizations referred to in the first sentence, and if the legal person is solely responsible for the Legal advice and representation of the members of the organisation in accordance with their statutes. Unofficial table of contents

Section 24 Rejection and repudiation of the honorary judge

(1) The office of the honorary judge may refuse or lay down,
1.
who has reached the rule age limit in accordance with the Sixth Book of the Social Code;
2.
who, for health reasons, is prevented from exercising the office properly;
3.
who, by volunteering for the general public, is so claimed that the takeover of the Office cannot be attributed to him;
4.
In the ten years preceding the appointment, anyone who has served as a volunteer judge in a court for work has been appointed;
5.
who makes it credible that important reasons, in particular caring for his family, make it particularly difficult for him to carry out the office.
(2) The competent authority (§ 20) decides on the right to refuse or depart. The decision is final. Unofficial table of contents

Section 25

(dropped) Unofficial table of contents

Section 26 Protection of the honorary judges

(1) No one shall be limited in the taking-over or pursuit of the office as a honorary judge or at a disadvantage as a result of the taking-over or pursuit of the office. (2) Anyone who is a volunteer in the taking-over or exercise of his duties Judges shall be punished with imprisonment for up to one year or a fine for the purposes of taking over or exercising the office of the judge. Unofficial table of contents

Section 27 Dismissal of the honorary judges

An honorary judge shall be relieved of his duties at the request of the competent authority (§ 20) if he grossly violates his official duty. Section 21 (5) sentence 2 to 5 shall apply accordingly. Unofficial table of contents

§ 28 Order of law against honorary judges

At the request of the Chairman of the Labour Court, the Chamber of the State Labour Court, which is to be held in advance by the Bureau for each financial year in advance, may act against a voluntary judge who departs from the performance of his duties, in particular without: If sufficient excuse does not appear or does not appear in time for the meetings, a monetary order is fixed. Before the application, the chairman of the Labour Court has to hear the honorary judge. The decision is final. Unofficial table of contents

§ 29 Committee of the Voluntary Judges

(1) In each working court with more than one chamber, a committee of the honorary judges shall be formed. It consists of at least three honorary judges from among the workers 'and employers' circles, in equal numbers, elected by the voluntary judges from the workers 'and employers' circles in a separate election. The Committee shall be chaired by the supervisory authority or, if it does not exist or is prevented, the oldest chairman of the working court. (2) The Committee shall be held before the formation of Chambers, before the distribution of the business. the distribution of the honorary judges to the Chambers and, prior to the drawing up of the lists of the use of the honorary judges, to be heard orally or in writing at the meetings. He may submit to the chairperson of the Labour Court and to the authorities responsible for administration and supervision (§ 15) wishes of the honorary judges. Unofficial table of contents

Section 30 Occupation of the technical chambers

The honorary judges of a technical chamber shall be taken from the circles of the employees and the employers, for which the technical chamber is formed. If the employees referred to in § 22 para. 2 no. 2 are formed for disputes, these employees may not belong to the employees as honorary judges from the employers ' circles. If the jurisdiction of a specialist chamber is to extend in accordance with Section 17 (2), the honorary judges of this Chamber shall be appointed from the districts of those working courts for whose districts the Chamber is responsible. Unofficial table of contents

§ 31 Pre-accession of the honorary judges

(1) The honorary judges shall be consulted at the meetings in accordance with the order of a list of the chairpersons appointed before the beginning of the financial year or before the beginning of the term of office of newly appointed honorary judges pursuant to § 29 (2) (2) An auxiliary list may be drawn up by voluntary judges who live or have their registered office in the place of jurisdiction for the use of representatives in the event of unforeseen prevention. Unofficial table of contents

Section 32

(dropped)

Second section
National Labour Courts

Unofficial table of contents

Section 33 Establishment and organisation

State labour courts are established in the countries. Section 14 (2) to (5) shall apply accordingly. Unofficial table of contents

Section 34 Administration and supervision

(1) The management and supervision of services shall be managed by the competent national competent authority. Section 15 (1) sentence 2 shall apply mutatis. (2) The Land Government may, by means of a legal regulation, transfer the administration and supervision of the administration to the President of the Landesarbeitsgericht (State Labour Court). The State Government may transfer the authorization pursuant to sentence 1 to the competent supreme state authority by means of a legal regulation. Unofficial table of contents

§ 35 Composition, formation of chambers

(1) The Landesarbeitsgericht (State Labour Court) shall consist of the President, the required number of other chairpersons and of honorary judges. The honorary judges are each taken out of the circles of the employees and the employers. (2) Each chamber of the State Labour Court is appointed in the occupation with a chairperson and a honorary judge from among the circles of the Workers and employers. (3) The competent supreme state authority determines the number of chambers. § 17 shall apply accordingly. Unofficial table of contents

§ 36 Chairperson

The President and the other Chairmen shall, on a proposal from the competent national authority, after hearing the unions and associations of employers referred to in Article 14 (5), shall be appointed as judges for their lifetime in accordance with the National regulations are ordered. Unofficial table of contents

§ 37 Honorary Judges

(1) The honorary judges must have completed the thirtieth year of life and should have been a honorary judge of a court of work for at least five years. (2) The rest shall apply to the appointment and position of the honorary judges. Judges, as well as for the impeachment and the dismissal of the office, according to § § 20 to 28. Unofficial table of contents

§ 38 Committee of the Voluntary Judges

A committee of the honorary judges is formed at each regional labour court. The provisions of § 29 (1) sentence 2 and 3 and (2) shall apply accordingly. Unofficial table of contents

Section 39 Pre-accession of the honorary judges

The honorary judges shall be consulted at the meetings in accordance with the order in which the chairman is appointed before the beginning of the financial year, or before the beginning of the term of office of newly appointed honorary judges in accordance with § 38 sentence 2. Section 31 (2) shall apply accordingly.

Third Section
Federal Labour Court

Unofficial table of contents

Section 40 Establishment

(1) The Federal Labour Court has its seat in Erfurt. (1a) (omitted) (2) The Federal Ministry of Labour and Social Affairs is in agreement with the Federal Ministry of Justice of the Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs). The Federal Ministry of Labour and Social Affairs can, in agreement with the Federal Ministry of Justice, transfer the administration and supervision of the administration to the President of the Federal Labour Court. Unofficial table of contents

§ 41 Composition, Senate

(1) The Federal Labour Court shall consist of the President, the required number of chairmen of judges, of professional advisers and of honorary judges. The honorary judges are each taken out of the circles of the employees and the employers. (2) Each Senate is appointed in the occupation with a chairman, two professional advisors and one honorary judge each. (3) The number of senates is determined by the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of Justice. Unofficial table of contents

§ 42 Federal Judges

(1) The provisions of the Judge Elections Act shall apply to the appointment of the Federal Judges (President, Chairperson of Judges and Professional Beisiers pursuant to § 41 (1) sentence 1). The Federal Ministry of Labour and Social Affairs is the competent ministry within the meaning of Section 1 (1) of the Judge Elections Act; it decides in consultation with the Federal Ministry of Justice. (2) The persons to be employed must be the thirty-five. Have completed their life year. Unofficial table of contents

§ 43 Honorary Judges

(1) The honorary judges are appointed by the Federal Ministry of Labour and Social Affairs for a period of five years. They are to be deducted from the list of proposals in an appropriate proportion, taking into account the minority interests of the minorities, those of the trade unions, the self-employed associations of workers with social or professional-policy purpose, and Associations of employers who have significant significance for the working life of the federal territory, as well as of the entities referred to in § 22 para. 2 no. 3. (2) The honorary judges must be the thirty-five Have completed a life year, have special knowledge and experience in the field of labour law and working life, and should have been a volunteer judge of a court of work for at least five years. They should have been employed in Germany for a longer period of time as an employee or as an employer. (3) The rules governing the appointment, position and use of the honorary judges, as well as for the impeachment and the dismissal of the office are also to be found. Articles 21 to 28 and § 31 shall apply mutatis-ly, with the proviso that the decisions referred to in § 21 (5), § 27, second sentence, and § 28 sentence 1 shall be taken by the Senate of the Federal Labour Court appointed by the Bureau for each financial year in advance. shall be taken. Unofficial table of contents

Section 44 Consultation of the honorary judges, Rules of Procedure

(1) Before the start of the financial year the business is distributed as well as the professional judges and the honorary judges are assigned to the individual senates and the Grand Senate, the two life-eldest honorary judges are each (2) The conduct of the business shall be governed by the rules of procedure which the Bureau shall decide. Paragraph 1 shall apply accordingly. Unofficial table of contents

§ 45 Grand Senate

(1) In the Federal Labour Court, a Grand Senate is formed. (2) The Grand Senate decides if a Senate wants to deviate from the decision of another Senate or the Grand Senate in a legal matter. (3) A submission to the Grand Senate is only if the senate, whose decision is to be dismissed, has declared, at the request of the discerning Senate, that he or she shall maintain his or her right to take legal action. If the Senate, whose decision is to be dismissed, is no longer able to deal with the question of law on account of a change in the business distribution plan, the Senate shall replace it in accordance with the business distribution plan for the case in which the Senate is responsible for the by way of derogation, it would now be responsible. The respective Senate decides on the question and the answer by decision in the occupation required for judgments. (4) The discerning senate may submit a question of fundamental importance to the Grand Senate for a decision, if that is the case. (5) The Grand Senate is composed of the President, a judge of the Senate in which the President does not preside, and the President of the Senate, and the President of the Senate, who is the President of the Senate. three honorary judges from the circles of employees and employers. In the event of the President's prevention, a judge of the Senate to which he belongs shall replace him. (6) The members and the representatives shall be appointed by the Bureau for a financial year. The President of the Grand Senate is chaired by the President, while the oldest Member is prevented from serving as the oldest Member. In the event of a tie, the Chairman's vote gives the rash. (7) The Grand Senate only decides on the legal question. He can decide without oral proceedings. His decision is binding in the present case for the discerning Senate.

Part Three
Proceedings before the courts for work

First section
Judgment

First subsection
First legal action

Unofficial table of contents

§ 46 Principle

(1) The judgment procedure shall apply in the civil litigation referred to in Article 2 (1) to (4). (2) The provisions of the Civil Procedure Code relating to the proceedings before the Local Courts shall apply to the judgment procedure of the first legal suit. in accordance with the law, unless otherwise specified. The provisions relating to the early first date for oral proceedings and the written preliminary procedure (§ § 275 to 277 of the Code of Civil Procedure), on the simplified procedure (§ 495a of the Code of Civil Procedure), on the document and exchange process (§ § § § § § § 495a of the Civil Procedure Code). 592 to 605a of the Code of Civil Procedure), on the decision without oral proceedings (Section 128 (2) of the Code of Civil Procedure) and on the transfer of dates in the period from 1 July to 31 August (Section 227 (3) sentence 1 of the Civil Procedure Code) no application. Section 127 (2) of the Code of Civil Procedure shall apply with the proviso that the immediate appeal is admissible in the event of an inventory protection dispute, irrespective of the value of the dispute. Unofficial table of contents

§ 46a Mahnverfahren

(1) The provisions of the Code of Civil Procedure relating to the order for payment procedure, including the processing of machinery, shall apply mutatily to the procedure for payment of the order before the courts in respect of cases of work, provided that this law does not determine otherwise. § 690 (3) sentence 2 of the Code of Civil Procedure is not applicable. (2) The Labour Court, which would be responsible for the action brought in the judgment procedure, is responsible for the conduct of the order for the payment of the order. The state governments are authorized to assign to a working tribunal by means of a legal decree a procedure for the order of payment for the districts of several working courts. The allocation may be limited to payment methods which are machine-edited. The national governments can transfer the authorisation by means of a legal regulation to the competent supreme state authority. Several countries can agree to the jurisdiction of a working court beyond the national borders. (3) The time limit to be included in the notice of formal notice pursuant to Section 692 (1) (3) of the Code of Civil Procedure is one week. (4) Contrary to the law , and if a party requests the conduct of the oral proceedings, the court which issued the notice of formal notice shall, on its own account, issue the dispute to the court which, in accordance with Section 692 (1) (1) of the Judgment of the European Parliament, The Civil Procedure Code has been designated. If the parties agree to the submission to a court other than the court designated in the letter of formal notice, the charge shall be made there. The place of business shall immediately give the applicant the right to give written reasons for his claim within two weeks. Upon receipt of the grounds of claim, the chairman shall determine the date of the oral proceedings. If the reason for the claim is not received in time, the date shall be determined only at the request of the defendant until the date of receipt of the request. (5) The dispute shall be deemed to have been legally binding upon the notification of the letter of formal notice, if immediately after the date of collection of the (6) In the event of opposition, the Court of First Instance has to examine, on its own account, whether the opposition to it is admissible and whether it has been filed in the legal form and in the period of time. In the absence of any of these requirements, the opposition shall be deemed to be inadmissible. If the objection is admissible, the office shall immediately give the applicant the right to give written reasons for his claim within two weeks. At the end of the period of commitment, the Chairman shall immediately determine the date of the oral proceedings. (7) The Federal Ministry of Labour and Social Affairs is authorized, by means of a decree law with the consent of the Federal Council, to implement the procedure for the proceedings. (8) The Federal Ministry of Labour and Social Affairs is authorized to act in accordance with the law of the Federal Republic of Germany with the consent of the Federal Council for the purpose of obtaining the necessary information. Simplification of the order for payment procedure and the protection of the use of the To introduce party forms. In this case, different forms can be introduced for payment procedures in courts which process the procedures by machine and for payment procedures in the case of courts which do not machine the procedures by machine. The legal regulation may provide for an electronic form; § 130c, sentences 2 to 4 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 46b European order for payment procedure pursuant to Regulation (EC) No 1896/2006

(1) The European order for payment procedure pursuant to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (OJ L 327, 30.12.2006, p. EU No 1), the provisions of Section 5 of Book 11 of the Code of Civil Procedure shall apply in accordance with the provisions of Section 5 of the Code of Civil Procedure, unless otherwise specified. (2) For the processing of applications for the adoption and verification and for the declaration of enforceable law of a The European order for payment under Regulation (EC) No 1896/2006 is the labour court which would have jurisdiction over the action brought by the judgment procedure. (3) In the case of Article 17 (1) of Regulation (EC) No 1896/2006, Section 46a (4) of Regulation (EC) No 1896/2006 is responsible for the application of the European order for payment of the order. and to apply them accordingly. The request for the conduct of the oral proceedings shall be deemed to have been submitted by the applicant. Unofficial table of contents

Section 46c Submission of electronic documents

(1) In so far as the written form is provided for preparatory submissions and their annexes, for applications and statements of the parties and for information, statements, opinions and declarations of third parties, this form shall be sufficient to record as electronic Document if it is suitable for processing by the court. The responsible person is to provide the document with a qualified electronic signature according to the signature law. If a mediated electronic document is not suitable for the court for processing, the sender must be informed immediately, stating the current technical framework conditions. (2) The Federal Government and the State Governments determine the date on which electronic documents can be submitted to the courts and the appropriate form for the processing of documents by means of a regulation on the law. The national governments can transfer the authorisation by means of a legal regulation to the competent supreme state authority. The approval of the electronic form may be restricted to individual courts or proceedings. (3) An electronic document shall be filed as soon as the institution of the court designated for the reception has recorded it. Unofficial table of contents

Section 46d Judicial Electronic Document

In so far as this law requires the signature of the handwritten signature of the judge, the court of law, the judicial officer of the office of office or the bailiff, this form shall be sufficient to record the record as an electronic document, if the Add your name to the responsible person at the end of the document, and provide the document with a qualified electronic signature. Unofficial table of contents

§ 46e Electronic file

(1) The process files may be conducted electronically. The Federal Government and the State Governments determine in their area by means of a legal regulation the date from which electronic files are conducted as well as the organizational and technical framework conditions for education, which apply to them. Management and storage of electronic files. The national governments can transfer the authorisation by means of a legal regulation to the competent supreme state authority. The authorisation of the electronic file may be restricted to individual courts or proceedings. (2) Documents submitted in paper form and other documents shall be transferred to an electronic document to replace the original document. The documents are to be kept at least until the final conclusion of the procedure, provided that they are further required in paper form. (3) The electronic document must contain the information as to when and by whom the documents should be included in the document. electronic document. Unofficial table of contents

§ 46f forms; Regulation empowerment

The Federal Ministry of Labour and Social Affairs can introduce electronic forms with the approval of the Federal Council by means of a regulation. The legal regulation may stipulate that the information contained in the forms shall be transmitted in whole or in part in a structured machine-readable form. The forms shall be available for use on a communication platform to be determined in the legal regulation on the Internet. The legal regulation may stipulate that an identification of the form user by way of derogation from § 46c (3) shall also be made by using the electronic identity document according to § 18 of the German Personnel Reference Act or § 78 (5) of the Residence Act may take place. Unofficial table of contents

Section 47 Special provisions relating to cargo and admission *)

(1) The application must be served at least one week before the date. (2) A request to the defendant to submit a written statement to the defendant shall not normally take place. Unofficial table of contents

§ 48 Legal Way and Responsibility

(1) For the admissibility of the legal path and the method of procedure as well as for the factual and local jurisdiction, § § 17 to 17b of the Judicial Constitution Act, with the following conditions, apply accordingly:
1.
Decisions pursuant to Section 17a (2) and (3) of the Law on Local Jurisdiction are indisputable.
2.
The decision pursuant to Section 17a (4) of the Law on Judith Constitutional Law shall be taken, provided that it is not merely a matter of local jurisdiction, even outside the oral proceedings, always by the Chamber.
(1a) In the case of disputes pursuant to Section 2 (1) Nos. 3, 4a, 7, 8 and 10 as well as (2), the Labour Court in whose district the employee habituates his work, or most recently, has normally been responsible for disputes. Where an ordinary place of work within the meaning of the first sentence cannot be established, the working court is responsible for the local labour court, from whose district the employee habitually carried out his or her work or, most recently, usually carried out his work. (2) In the collective agreement, collective bargaining parties can determine the responsibility of a local labour court which is locally uncompetent for
1.
civil litigation between employees and employers from an employment relationship and from negotiations on the commission of an employment relationship governed by a collective agreement;
2.
civil disputes arising out of the relationship between the joint establishment of the parties to the collective bargaining agreement and the employees or employers.
Within the scope of a collective agreement in accordance with the first sentence of the first sentence, the provisions of the collective agreement on the local labour court between non-tariff employers and employees shall apply if the application of the collective agreement as a whole is applicable between them. The restrictions laid down in Section 38 (2) and (3) of the Code of Civil Procedure shall not apply. Unofficial table of contents

§ 48a

- Unofficial table of contents

Section 49 Rejection of judicial staff

(1) The Chamber of the Labour Court decides on the rejection of court persons. (2) If it is decided by the departure of the rejected member, the Land Labour Court shall decide. (3) No appeal against the decision shall be found instead. Unofficial table of contents

§ 50 Delivery

(1) The judgments shall be delivered to the Office by the Office within three weeks of being forwarded to the Office. § 317 (1) sentence 3 of the Code of Civil Procedure is not applicable. (2) § § 174, 178 (1) no. 2 of the Code of Civil Procedure must be applied accordingly to persons admitted to the process of representation pursuant to § 11. (3) (omitted) Unofficial table of contents

Section 51 Personal appearance of the parties

(1) The Chairman may order the personal appearance of the parties in any position of the lawsuit. In other respects, the provisions of Section 141 (2) and (3) of the Code of Civil Procedure shall apply. (2) The Chairman may refuse the authorisation of a process representative if the Party, in spite of the arrangement of her personal apparition, is unfounded, and the purpose of the order is thruched. § 141 (3) sentences 2 and 3 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

Section 52 Public

The negotiations before the discerning court, including the taking of evidence and the proclamation of the decision, shall be public. The working court may exclude the public for the hearing or for part of the trial if the public places a risk to the public order, in particular the state security, or a danger to the public order. to obtain morality or if a party requests the exclusion of the public, because the secrets of operations, business or inventiveness are the subject of the hearing or of the taking of evidence; moreover, § 171b of the Court Constitutional Law to be applied accordingly. In the quality procedure, it is also possible to exclude the public for reasons of convenience. § 169, second sentence, as well as § § 173 to 175 of the Law on Judith Law shall be applied accordingly. Unofficial table of contents

Section 53 Powers of the Chairman and the honorary judges

(1) The decisions and injunctions which are not made at the basis of oral proceedings shall be adopted, unless otherwise specified, by the Chairman alone. The same applies to official acts on the basis of a request for legal assistance. (2) In addition, the provisions of the Code of Civil Procedure relating to the country court procedure apply accordingly to the powers of the chairman and the honorary judges. Unofficial table of contents

§ 54 Quality Procedure

(1) The oral proceedings shall begin with a hearing before the Chairman for the purpose of the amicable agreement of the parties (quality negotiation). To this end, the Chairman shall discuss the whole dispute with the parties, with free consideration of all the circumstances. In order to clarify the facts, it may carry out all actions which can be carried out immediately. However, eial interrogations are excluded. The chairman may continue the quality negotiation with the consent of the parties in a further appointment, which will soon take place. (2) The lawsuit may be withdrawn until the request is made without the defendant's consent. In the quality negotiation, court confessions according to § 288 of the Code of Civil Procedure have binding effect only if they have been declared Protocol. § 39 sentence 1 and § 282 (3) sentence 1 of the Code of Civil Procedure are not to be applied. (3) The result of the quality negotiation, in particular the conclusion of a comparison, must be included in the minutes. (4) A party does not appear in the quality negotiation. or if the quality negotiation is unsuccessful, the further negotiation shall be concluded immediately or it shall, if there are obstacles to the further negotiation, to determine the date of the dispute; this shall take place soon. (5) Both parties do not appear or negotiate in the quality negotiation, is the To arrange the rest of the procedure. At the request of one of the parties, the date of the dispute shall be determined. This request can only be made within six months of the quality negotiation. After the expiry of the period of time, Section 269 (3) to (5) of the Code of Civil Procedure shall be applied accordingly. (6) The Chairman may decide on the parties to the Quality Negotiation and the continuation of the proceedings before a judge appointed for this purpose and not authorized by the decision. (Güterichter). The freight ichter can use all methods of conflict resolution, including mediation. Unofficial table of contents

§ 54a Mediation, extrajudicial conflict resolution

(1) The court may propose to the parties a mediation or other procedure of non-judicial settlement of the conflict. (2) The parties to the proceedings of the parties to conduct a mediation or any other procedure of the out-of-court settlement Conflict resolution, the court orders the suspension of the proceedings. At the request of a party, the date of the oral proceedings shall be determined. Moreover, the Court of First Instance resumes proceedings after three months, unless the parties agree that a mediation or an out-of-court dispute settlement is still under way. Unofficial table of contents

§ 55 Single decision by the Chairman

(1) The Chairman shall decide on his own outside the proceedings at issue.
1.
in the event of withdrawal of the action;
2.
in the event of a waiver of the claim made;
3.
in the case of recognition of the claimed claim;
4.
in the event of a party's meeting;
4a.
on the admissibility of the opposition to a judgment of failure or an order for enforcement as inadmissible;
5.
in the event of the two parties ' meeting;
6.
on the cessation of the enforcement of enforcement;
7.
on local competence;
8.
on the suspension and arrangement of the glory of the proceedings;
9.
if only the costs have to be decided;
10.
in the case of decisions on rectification of the facts, unless one party requests an oral hearing on this subject;
11.
in the case of Section 11 (3), on the rejection of the authorized representative or the refusal of further representation.
(2) In the cases referred to in paragraph 1 (1), (3) and (4a) to (10), the Chairman may take a decision without oral proceedings. This shall also apply, with the consent of the parties, also in the case referred to in paragraph 1 (2). (3) The Chairman shall also decide solely if a decision terminating the proceedings is taken at the hearing which follows directly the act of quality. (4) The Chairman may, before the contested hearing, issue a decision on the evidence to the extent that he or she arranges for a decision to be taken by the chairman.
1.
the taking of evidence by the requested judge;
2.
a written answer to the question of evidence in accordance with Section 377 (3) of the Code of Civil Procedure;
3.
the collection of official information;
4.
a party hearing;
5.
the collection of a written expert opinion.
Arrangements according to paragraphs 1 to 3 and 5 may be carried out prior to the contested negotiation. Unofficial table of contents

Section 56 Preparation of the contested proceedings

(1) The Chairman shall prepare the proceedings at issue in such a way as to enable them to be brought to an end as soon as possible. To this end, it shall, in so far as it appears relevant, in particular:
1.
abandon the parties to supplement or explain their preparatory pleadings and the presentation of documents and other objects suitable for the deposition of the court, in particular a period of time for the declaration of certain items of property, points in need of clarifying points;
2.
-request the authorities or institutions of a public office to notify documents or to provide official information;
3.
order the personal appearance of the parties;
4.
Witnesses to which a party has referred, and invite experts to oral proceedings, as well as an order pursuant to Section 378 of the Code of Civil Procedure.
The parties must be notified of these measures. (2) Attack and defence means which are brought forward only after the expiry of a time limit set in accordance with the second sentence of paragraph 1, shall be permitted only if, in accordance with the free conviction of the Court of First Instance, the Court of First Instance has their admission would not delay the execution of the lawsuit or if the party apologized enough for the delay. The parties shall be informed of the consequences of the failure to meet the time limit laid down in the second sentence of paragraph 1 of this Article. Unofficial table of contents

Section 57 Negotiation before the Chamber

(1) The negotiation shall be completed as soon as possible in an appointment. If this cannot be carried out, in particular because the taking of evidence cannot take place immediately, the date for further negotiations, which shall soon be followed, shall be immediately announced. (2) The amicable execution of the lawsuit shall be carried out during the proceedings. of the whole procedure. Unofficial table of contents

Section 58 Taking of evidence

(1) Insofar as the taking of evidence at the place of jurisdiction is possible, it shall be carried out in front of the board. In the other cases, the taking of evidence, without prejudice to § 13, may be transferred to the chairman. (2) witnesses and experts are only sworn in if the board does so in view of the importance of the testimony for the decision of the Legal dispute is considered necessary. In the case of Section 377 (3) of the Code of Civil Procedure, the affidavit is required only if the Board deems it necessary for the same reason. (3) In particular, the number of members in a working relationship, or the representative of a trade union in an establishment can also be proved by the presentation of public documents. Unofficial table of contents

§ 59 Versäumnisverfahren

A party against which the judgment has been delivered may lodge an appeal against a judgment of failure within a period of one week following its notification. The objection shall be lodged with the Labour Court in writing or by issuing a statement on the minutes of the office of the Office. At the same time, the party shall be informed in writing of the notification of the judgment. Section 345 of the Code of Civil Procedure shall remain unaffected. Unofficial table of contents

Section 60 Announcement of the judgment

(1) In order to proclaim the judgment, a special date may only be determined if, for special reasons, the immediate delivery is not possible on the date on which it is issued, in particular because the consultation is no longer on the day of the Negotiation can take place. The date of the announcement shall only be made over three weeks, if important reasons, in particular the extent or difficulty of the matter, require this. This shall also apply if a judgment is issued in the circumstances of the file. (2) If the judgment is announced, the essential content of the reasons for the decision must be communicated. This does not apply if both parties are absent; in this case, the reference to the signed judgment is sufficient. (3) The effectiveness of the proclamation is not dependent on the presence of the honorary judges. If a judgment handed down by the board is announced without the grant of the honorary judges, the judgment is to be signed beforehand by the chairman and the honorary judges. (4) The verdict, together with the facts and the reasons for the decision is to be signed by the chairman. If the judgment is not announced in the date in which the oral proceedings are concluded, it must be in full form in the case of the delivery. A judgment which is proclaimed at the date of closure of the oral proceedings shall be sent to the office in full before the expiry of three weeks from the date of delivery; this may not, exceptionally, be , within this period, the judgment signed by the Chairman shall be transmitted without the facts and reasons for the decision of the office. In this case, the facts and reasons for the decision are to be subsequently made subsequently, to be particularly signed by the chairman and to be transmitted to the office of the office. Unofficial table of contents

Section 61 Content of the judgment

(2) The defendant, at the request of the plaintiff, shall, at the same time, be in the event that the act does not take place within one of the following: (2) is to be condemned in order to pay a compensation to be determined by the Labour Court at its discretion. The enforcement of the law in accordance with § § 887 and 888 of the Code of Civil Procedure is excluded in this case. (3) A preliminary ruling in advance on the basis of the claim is not to be regarded as a final part because of the legal means. Unofficial table of contents

§ 61a Special process funding in termination proceedings

(1) proceedings in disputes concerning the existence, non-existence or termination of an employment relationship shall be dealt with as a matter of priority in accordance with the following provisions. (2) The quality negotiation shall be carried out within two weeks after the date of the (3) If the quality negotiation is unsuccessful or if the proceedings are not concluded in a subsequent further negotiation, the Chairman shall request the defendant within a reasonable period of time, which shall: shall be at least two weeks, in detail in writing of the evidence (4) The Chairman may submit to the applicant a reasonable period of time, which must be at least two weeks, for written observations to be submitted to the applicant. (5) Attack and defence means brought forward only after the expiry of the time limits set in accordance with paragraph 3 or 4 shall be permitted only if, in accordance with the free conviction of the Court of First Instance, its authorisation is to be granted by the Court of First Instance The parties do not delay the proceedings or if the party apologised enough for the delay. (6) The parties to be lecturing on the consequences of the failure to meet the deadlines laid down in paragraph 3 or 4. Unofficial table of contents

Section 61b Action for deprivation

(1) A claim for compensation in accordance with § 15 of the General Equal Treatment Act must be brought within three months after the claim has been made in writing. (2) Make several applicants for deprivation in the case of the In the case of an employment relationship or promotion, compensation in accordance with Article 15 of the General Equal Treatment Act (Equal Treatment Act), the working court at which the first action is brought shall be the case at the request of the employer, shall also be responsible for the rest of the action. The legal disputes shall be referred to this Labour Court by its own motion; the proceedings shall be linked to the simultaneous negotiation and decision. (3) At the request of the employer, the oral proceedings shall not be held before the expiry of six months. months since the first action was taken. Unofficial table of contents

Section 62 Forced enforcement

(1) Judgments of the Labour Courts, against which opposition or appeal are admissible, are provisionally enforceable. If the defendant credibly claims that enforcement would bring him a disadvantage which is not to be replaced, the Labour Court shall, on his request, rule out the provisional enforceability in the judgment. In the cases of Section 707 (1) and Section 719 (1) of the Code of Civil Procedure, the compulsory execution can only be set under the same condition. The enforcement of the enforcement according to sentence 3 shall be carried out without any guarantee of security. The decision shall be taken by means of an indisputable decision. (2) The provisions of the Eighth Book of the Code of Civil Procedure shall apply to the enforcement of enforcement, including the Arrests and the interim incontestable conditions. The decision on the request for the adoption of an inconsary may, in urgent cases, even if the application is rejected, be taken without oral proceedings. Unofficial table of contents

Section 63 Transmission of judgments in collective agreements

Final judgments handed down in civil disputes between collective bargaining parties arising from the collective agreement or the existence or non-existence of the collective agreement are soon to be the competent supreme state authority and the competent authority. Federal Ministry of Labour and Social Affairs in full form to be sent in writing or sent electronically. If the competent supreme state authority is the Land Justice Administration, the original copies or the judgment in electronic form shall also be transmitted to the supreme labour authority of the country.

Second subsection
Appointment procedure

Unofficial table of contents

§ 64 Principle

(1) In the case of the judgments of the Labour Courts, unless the right of appeal is given in accordance with § 78, the appeal to the national labour courts takes place. (2) The appeal can only be appealed.
a)
if it has been approved in the judgment of the Labour Court,
b)
if the value of the appeal exceeds 600 euros,
c)
in litigation concerning the existence, non-existence or termination of an employment relationship, or
d)
in the case of a judgment in default, against which the objection to itself is not permitted, if the appeal or convocation is based on the fact that the case of culpable failings did not have a preoccupation.
(3) The working court shall have the right to appeal if:
1.
the fundamental importance of the case,
2.
the case of legal disputes
a)
between collective bargaining parties from collective agreements or the existence or non-existence of collective agreements,
b)
on the interpretation of a collective agreement, the scope of which extends beyond the district of a working court, or
c)
between collective parties or between them and third parties from unauthorised acts, in so far as it relates to measures for the purpose of the industrial action or to freedom of association, including the related the right of the associations to be operated, or
3.
the working court, in the interpretation of a piece of legislation, deviates from a judgment handed down to him in the proceedings, which has been handed down for or against a party to the dispute, or a judgment of the lower-ranking national labour court in the legal proceedings and the decision is based on that deviation.
(3a) The decision of the Court of Labour, whether the appeal is approved or not, should be included in the judgment of the judgment. If this is not the case, a corresponding supplement may be requested within two weeks from the date of delivery of the judgment. The board can decide on the application without oral proceedings. (4) The State Labour Court is bound by the admission. (5) If the appeal has not been admitted, the appellant has credibly added the value of the subject of appeal to the appeal. (6) In the case of proceedings before the national labour courts, the provisions of the Code of Civil Procedure relating to the appointment shall apply in accordance with the provisions of this Act. § 49 (1) and (3), § 50, § 51 (1), § § 52, 53, 55 (1) No. 1 to 9, (2) and (4), § 54 (6), § 54a, § § 54a, § § 56 bis 59, 61 § § § 54a (2) and (3) and § § 62 and 63 on the rejection of court persons, orders, personal appearance of the parties, the public, powers of the chairman and the honorary judges, goods ichter, mediation and out-of-court Conflict resolution, preparation of the contested proceedings, trial before the chamber, taking of evidence, (8) Appeals in litigation concerning the existence, non-existence or termination of an employment relationship shall apply in accordance with the provisions of the Agreement, the contents of the judgment, the compulsory execution and the consignment of judgments in matters of collective bargaining. are to be given priority. Unofficial table of contents

Section 65 Restriction of appeal

The Court of Appeal does not examine whether the right of appeal and the method of procedure are admissible and whether the appeal of the honorary judges has been subject to procedural shortcomings or whether there are circumstances in which the appointment of a honorary person is subject to the appeal of a voluntary. Rule out the judge to his office. Unofficial table of contents

Section 66 Filing of the appointment, appointment

(1) The time limit for the filing of the appeal shall be one month, the time limit for the reasons for the appeal shall be two months. Both deadlines shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months after the delivery. The appointment must be answered within a period of one month from the date of notification of the grounds for appeal. The appellant's appellant is to be informed of the time limit for the reply to the appeal by the notification of the grounds for appeal. The time limits for the reasons for appeal and for the defence of appeal may be extended by the chairman once upon request, if, according to his free conviction, the lawsuit is not delayed by the extension or if the party (2) The appointment of the oral proceedings must be made without delay. Section 522 (1) of the Code of Civil Procedure shall remain unaffected; the revocation of the appeal without oral proceedings shall be taken by decision of the Chairman. Section 522 (2) and (3) of the Code of Civil Procedure shall not apply. Unofficial table of contents

Section 67 Approval of new means of attack and defence

(1) Attack and defence means which were rightly rejected in the first legal proceedings shall be excluded. (2) New acts of aggression and defence which, in the first legal proceedings, shall be contrary to a sentence for this purpose pursuant to § 56 (1) sentence 2 no. 1 or § 61a (3) or (4) have not been brought forward, shall only be permitted if, in accordance with the free conviction of the State Labour Court, their authorisation would not delay the execution of the dispute or if the party had sufficient delay to delay the delay apologized. The reason for the apology is to be made credible at the request of the Landesarbeitsgericht. (3) New acts of attack and defence, which are not brought forward in good time in the first legal proceedings contrary to § 282 (1) of the Code of Civil Procedure or contrary to § 282 Paragraph 2 of the Code of Civil Procedure has not been communicated in due time, shall only be permitted if, in accordance with the free conviction of the State Labour Court, its authorisation would not delay the execution of the dispute or if the party has the right to In the first legal suit, he had not failed to refrain from gross negligence. (4) In so far as the introduction of new means of attack and defence is admissible pursuant to paragraphs 2 and 3, these are to be provided by the appellant in the grounds of appeal, from the appellant in the reply to the profession. If they are brought forward later, they shall be admitted only if they have been created after the grounds of appeal or the response to the appeal or if the late submission of the decision of the Landesarbeitsgericht (Landesarbeitsgericht) is not the subject of the Legal proceedings would not be delayed or not based on the fault of the party. Unofficial table of contents

§ 67a

- Unofficial table of contents

Section 68 Rejection

Because of a defect in the proceedings of the Labour Court, the refoulement is inadmissible. Unofficial table of contents

Section 69 Judgment

(1) The judgment in addition to the facts and reasons of decision shall be signed by all the members of the Board. Section 60 (1) to (3) and (4) sentences 2 to 4 shall be applied in accordance with the proviso that the period referred to in the fourth sentence of paragraph 4 shall be four weeks and, in the case of paragraph 4, sentence 4, the facts and the reasons for the decision shall be taken by all the members of the Board. (2) In the judgment may be subject to the presentation of the facts and, in so far as the Court of Appeal follows the reasons of the decision under appeal and the judgment states in its judgment, also the presentation of the reasons for the decision (3) If the verdict is to be reviewed, the case shall be subject to a repressed Presentation of the property and dispute on the basis of the oral presentations of the parties. A reference to the judgment under appeal as well as to submissions, minutes and other documents is admissible in so far as this does not make the assessment of the party introduction by the Court of Appeal much more difficult. (4) § 540 (1) of the Civil procedure rules are not applicable. Article 313a (1), second sentence, of the Code of Civil Procedure shall apply in accordance with the provisions of the Code of Civil Procedure, which shall not require any reasons if the parties have waived them; in other respects, Sections 313a and 313b of the Code of Civil Procedure shall be applied accordingly. applicable. Unofficial table of contents

Section 70

(repealed) Unofficial table of contents

Section 71

(dropped)

Third Subsection
Revision Procedure

Unofficial table of contents

Section 72 Principle

(1) The revision to the Federal Labour Court shall take place against the final part of a national labour court if it has been approved in the judgment of the Landesarbeitsgericht (Federal Labour Court) or in the decision of the Federal Labour Court pursuant to Section 72a (5) sentence 2. Section 64 (3a) shall apply mutatily. (2) The revision shall be permitted if:
1.
is of fundamental importance to a decision-making legal matter,
2.
judgment of a decision of the Federal Constitutional Court, of a decision of the Joint Senate of the Supreme Courts of the Federation, of a decision of the Federal Labour Court or, as long as a decision of the Federal Labor Court is not a matter of law, differs from a decision of another Chamber of the same State Labour Court or of another State Labour Court, and the decision is based on that derogation, or
3.
an absolute revision ground pursuant to § 547 (1) to (5) of the Code of Civil Procedure or a significant infringement of the right to be heard is made and is in the process of being brought before the court.
(3) The Federal Labour Court is bound by the State Labour Court's approval of the revision. (4) Against judgments that are decided on the order, amendment or annulment of an Arrests or an injunction, the (5) For proceedings before the Federal Labour Court, insofar as this law does not determine otherwise, the provisions of the Code of Civil Procedure relating to the revision, with the exception of § 566, apply. (6) The provisions of § 49 Par. 1, § § 50, 52 and 53, § 57 (2), § 61 (2) and § 63 of the rejection of Legal persons, service, public, powers of the chairperson and the honorary judges, amicable execution of the legal dispute and the content of the judgment and the sending of judgments in collective agreements shall apply accordingly. Unofficial table of contents

Section 72a Non-admission complaint

(1) Non-approval of the revision by the State Labour Court can be appealed independently by appeal. (2) The appeal is filed with the Federal Labour Court within an emergency period of one month after the delivery of the in complete form to submit a written judgment in writing. The notice of appeal shall be accompanied by a copy or certified copy of the judgment against which the review is to be filed. (3) The appeal shall be filed within a period of grace of two months from the date of notification of the document in full form. to justify the reasons for the judgment. The justification must include:
1.
the presentation of the fundamental importance of a legal matter and its relevance to decision-making,
2.
the designation of the decision deviating from the judgment of the State Labour Court, or
3.
the presentation of an absolute revision ground pursuant to § 547 (1) to (5) of the Code of Civil Procedure or the violation of the right to be heard and the decision-making reliability of the breach.
(4) The lodging of the appeal shall have suspensive effect. The provisions of Section 719 (2) and (3) of the Code of Civil Procedure shall be applied accordingly. (5) The State Labour Court shall not be entitled to amend its decision. The Federal Labour Court decides, with the help of the honorary judges, by a decision which can be taken without oral proceedings. The honorary judges do not act when the non-admission complaint is rejected as inadmissible, because it is not subject to the law or not in the legal form and period of time and is well founded. A short justification shall be attached to the decision. A justification may be waited if it is not appropriate to contribute to the clarification of the conditions under which a revision is to be accepted or if the complaint is accepted. With the rejection of the appeal by the Federal Labour Court, the judgment becomes final. (6) If the appeal is granted, the appeal proceedings will be continued as a revision procedure. In this case, the application of the non-admission complaint shall be deemed to have been submitted in a timely and timely manner as a consideration of the revision. With the notification of the decision, the Revisionsoning period commences. (7) If the Landesarbeitsgericht (Landesarbeitsgericht) has infringed the appellant's claim for a right to be heard in a decisive manner, the Federal Labour Court may, by way of derogation, of paragraph 6, in the decision which is the subject of the appeal, cancel the judgment under appeal and refer the dispute back to the State Labour Court for the new proceedings and the decision. Unofficial table of contents

Section 72b Immediate appeal due to late suspension of the appellate judgment

(1) The final part of a national labour court may be challenged by an immediate appeal if it is not fully drafted within five months of the date of delivery and provided with the signatures of all the members of the Chamber of office has been handed over. § 72a does not apply. (2) The immediate appeal is to be filed with the Federal Labour Court within a period of notice of one month and to justify it. The deadline shall begin with the expiry of five months after the judgment of the State Labour Court has been announced. Section 9 (5) shall not apply. (3) The immediate appeal shall be lodged by filing a notice of appeal. The notice of appeal must contain the name of the contested decision and the statement that a complaint is lodged against that decision. The appeal may only be justified by the fact that the judgment of the State Labour Court has not yet been fully drawn up at the end of five months after the date of delivery and shall be accompanied by the signatures of all the members of the Chamber. (4) The Federal Labour Court decides on the immediate appeal without the withdrawal of the honorary judges by a decision which can be taken without oral proceedings. The decision is to be accompanied by a brief explanatory statement. (5) If the immediate appeal is admissible and well founded, the judgment of the Landesarbeitsgericht (State Labour Court) must be annulled and the case for the new hearing and decision to the Landesarbeitsgericht (State Labour Court) to be remitted. The rejections can be made to another chamber of the State Labour Court. Unofficial table of contents

Section 73 Revisionsgrounds

(1) The revision can only be based on the fact that the judgment of the State Labour Court is based on the violation of a legal standard. It cannot be based on the grounds of § 72b. (2) § 65 applies accordingly. Unofficial table of contents

Section 74 Filing of the revision, appointment determination

(1) The time limit for the consideration of the revision shall be one month, the time limit for the justification of the revision shall be two months. Both deadlines shall begin with the delivery of the judgment in full form, but at the latest with the expiry of five months after the delivery. The revision period may be extended once up to a further month. (2) The appointment of the oral proceedings must be determined immediately. Section 552 (1) of the Code of Civil Procedure shall remain unaffected. The revision of the revision without oral proceedings is carried out by decision of the Senate and without the contraction of the honorary judges. Unofficial table of contents

Section 75 Judgment

(1) The effectiveness of the proclamation of the judgment is not dependent on the presence of the honorary judges. If a verdict is announced in the absence of the honorary judges, the judgment is to be signed by all the members of the discerning Senate in advance. (2) The verdict, together with the facts and the reasons for the decision, is of all to sign members of the discerning senate. Unofficial table of contents

§ 76-jump revision

(1) In the case of the judgment of a working court, the revision can be immediately brought into consideration (jump revision) if the opponent agrees in writing and if the opponent has the right of appeal in the judgment or retrospectively. shall be approved by decision. The application shall be made in writing within a period of grace of one month after the date of delivery of the judgment which has been completed in full. The consent of the opponent is, if the revision is permitted in the judgment, the revision copy, otherwise to be attached to the application. (2) The jump revision is to be allowed only if the case has fundamental meaning and litigation Concerns
1.
between collective bargaining parties from collective agreements or the existence or non-existence of collective agreements,
2.
on the interpretation of a collective agreement, the scope of which extends beyond the district of the Landesarbeitsgericht (regional court of labour), or
3.
between collective parties or between them and third parties from unauthorised acts, in so far as it relates to measures for the purpose of the industrial action or to freedom of association, including the related The right of the associations to be operated.
The Federal Labour Court is bound by the admission. The rejection of the authorization shall be indisputable. (3) If the working court rejects the application for approval of the revision by decision, the notification of this decision shall begin again the course of the period of appeal, provided that the application in the the legal form and time limit and the declaration of consent was attached. (4) The revision cannot be based on defects of the procedure. (5) The filing of the revision and the approval of the revision shall not be based on any shortcomings of the procedure. shall be deemed to be a waiver of the appeal if the Labour Court has admitted the revision. (6) If the Federal Labour Court rejects the case for any other negotiation and decision, the refoulement may, at its discretion, also apply to: the Landesarbeitsgericht (State Labour Court) which would have been responsible for the appointment. In this case, the same principles apply to the proceedings before the Landesarbeitsgericht (Landesarbeitsgericht), as if the dispute had been brought before the Landesarbeitsgericht (Regional Labour Court) in order to appeal. The Labour Court and the Landesarbeitsgericht (Labour Court) have also taken the legal assessment on which the annulment is based on their decision. The office of the Federal Labour Court shall immediately notify the Office of the Labour Court of filing the revision in accordance with paragraph 1. Unofficial table of contents

Section 77 Revisionscomplaint

The decision of the Regional Labour Court, which dismises the appeal as inadmissible, only takes place if the Landesarbeitsgericht admitted to the decision in the decision. Section 72 (2) shall apply mutas to the admission of the appeal. The Federal Labour Court decides on the legal complaint without the grant of the honorary judges. The provisions of the Code of Civil Procedure on the Legal Complaint shall apply accordingly.

Fourth subsection
Appeal proceedings, remedial action in the event of violation of the right to be heard

Unofficial table of contents

Section 78 Appeal procedure

With regard to the appeal against decisions of the Labour Courts or their chairpersons, the provisions of the Code of Civil Procedure governing the appeal against decisions of the Local Courts shall apply accordingly. Section 72 (2) shall apply mutas to the admission of the appeal. The Federal Labour Court decides on the immediate appeal without the execution of the honorary judges, on the legal complaint the Federal Labour Court. Unofficial table of contents

Section 78a remedial action in case of violation of the right to be heard

(1) The proceedings of the party complained of by the decision shall continue to be followed if:
1.
an appeal or any other appeal against the decision is not given and
2.
the Court of First Instance infringed the right of the Party to its right to be heard in a substantial manner.
The complaint does not take place against a decision which precedes the final decision. (2) The complaint is to be made within a period of emergency of two weeks after knowledge of the violation of the legal hearing; the date of the acquisition of knowledge is to make it credible. After the expiry of a year since the contested decision has been announced, the complaint can no longer be levied. Decisions notified in a formless form shall be deemed to have been notified to the post of mail with the third day after the assignment. The complaint shall be made in writing to the Court of First Instance, whose decision is under attack. (3) The opponent shall, if necessary, be given the opportunity to give an opinion. (4) The Court of First Instance has to do so from its own motion. (4) The Court of First Instance has to do so by its own check whether the complaint is in itself and whether it is collected in the legal form and in the time limit. If there is a lack of one of these requirements, the complaint shall be rejected as inadmissible. If the beet is unfounded, the court rejects it. The decision shall be taken by means of an indisputable decision. The decision is to be briefly explained. (5) If the complaint is well founded, the court will assist the court by continuing the proceedings, insofar as this is necessary on the basis of the complaint. The procedure shall be returned to the situation in which it was before the end of the oral proceedings. Section 343 of the Code of Civil Procedure shall apply accordingly. In written proceedings, the date of the oral proceedings shall be replaced by the date on which the pleadings may be submitted. (6) The decisions referred to in paragraphs 4 and 5 shall take place with the aid of the honorary person. Judge. The honorary judges do not work if the complaint is rejected as inadmissible or is directed against a decision which has been issued without the need for the honorary judges. (7) § 707 of the Code of Civil Procedure is under the (8) The decision-making procedure shall apply to paragraphs 1 to 7. The application shall be subject to the conditions laid down in paragraphs 1 to 7.

Fifth Subsection
Resumption of proceedings

Unofficial table of contents

§ 79

The provisions of the Code of Civil Procedure relating to the resumption of proceedings shall apply in accordance with Article 2 (1) to (4) in the case of litigation. However, the action for annulment cannot be based on shortcomings in the procedure in the appeal of the honorary judges or on circumstances which preclude the appointment of a volunteer judge to his office.

Second section
Decision-making procedures

First subsection
First legal action

Unofficial table of contents

§ 80 Principle

(1) The decision-making procedure shall apply in the cases referred to in § 2a. (2) For the decision-making procedure of the first legal suit, the provisions governing the proceedings of the first legal suit relating to the proceedings of the first legal suit shall apply, representation of the process, Charges, dates and deadlines, rejection and exclusion of court personnel, deliveries, personal appearance of the parties, public, powers of the chairman and the honorary judges, mediation and out-of-court Conflict resolution, preparation of the contested negotiation, negotiation before the Chamber, taking of evidence, amicable execution of the proceedings, re-establishment of the proceedings in accordance with the previous stand and the resumption of proceedings accordingly; insofar as nothing else arises from § § 81 to 84. The chairperson may apply a quality procedure; the provisions governing the quality procedure governing the judgment procedure of the first legal suit shall apply accordingly. (3) § 48 (1) shall apply mutaficly. Unofficial table of contents

§ 81 Application

(1) The proceedings shall only be initiated upon request; the application shall be submitted in writing to the Labour Court or orally to the minutes of his office. (2) The application may be withdrawn at any time in the same form. In such a case, the proceedings shall be adjusted by the Chairman of the Labour Court. The person concerned shall be informed of the cessation, in so far as the request has been communicated to them by the working court. (3) An amendment to the request shall be admissible if the other parties agree or the court considers the amendment to be relevant. . The consent of the parties to the amendment of the application shall be deemed to have been granted if the parties have admitted, without contradicting, in a plea or at the oral proceedings on the amended request. The decision that an amendment to the application is not available or is authorised shall be unquestionable. Unofficial table of contents

Section 82 Local competence

(1) The working court in whose district the holding is situated shall be responsible. In matters relating to the General Works Council, the Group Works Council, the overall youth representation or the overall youth and trainee representation, the Economic Committee and the representation of employees on the Supervisory Board, the Labour Court is in the district of which the company is located. The second sentence shall be deemed to apply in matters relating to the spokesperson's general committee, the company spokesperson's committee and the group spokesperson's committee. (2) In matters of a European works council, in the context of a procedure for informing and The hearing or the special negotiating body shall have jurisdiction in the working court in whose district the company or the ruling undertaking has its registered office in accordance with Section 2 of the Act on European Works Councils. In the case of an agreement pursuant to § 41 (1) to (7) of the Act on European Works Councils, the registered office of the contracting company is decisive. (3) In matters arising out of the SE participation law, the Labour Court is responsible in the district of which the company is responsible. the European Company has its registered office; before being registered, the Labour Court in whose district the European Company is to have its registered office is responsible. (4) In matters according to the SCE Participation Act, the Labour Court is in the district of which the European Cooperative Society is situated; Registration is the responsibility of the working court in whose district the European Cooperative Society is to be established. (5) In matters under the law on the participation of employees in the case of cross-border mergers, the the working court in whose district the company resulting from the cross-border merger has its registered office; before being registered, the working court shall be responsible, in the district of which the latter shall be responsible for the cross-border merger that is to be based on the society in question. Unofficial table of contents

§ 83 Procedure

(1) The Court of First Instance shall investigate the facts in the context of the applications submitted by the Office. The parties involved in the proceedings shall be involved in the clarification of the facts. (1a) The Chairman may set a time limit for the parties to bring the matter before the party. After the expiry of a period set in accordance with the first sentence, the case may be rejected if, in the absence of a conviction of the Court of First Instance, its authorisation would delay the execution of the decision-making procedure and the party concerned did not sufficiently delay the delay. apologized. The parties concerned shall be informed of the consequences of the delay in the period set in accordance with the first sentence. (2) For the clarification of the facts, documents may be consulted, information obtained, witnesses, experts and participants may be heard and the appearance of the eye may be heard. (3) In the procedure, the employer, the employees and the bodies are to be heard, which according to the Law on the Works Constitution, the Speaker's Committee Act, the Codetermination Act, the Co-Determination Act, the The Third Participation Act, § § 94, 95, 139 of the Ninth Book of the Social Code, the § 18a of the Vocational Training Act and the legal regulations issued under these laws, as well as under the Act on European Works Councils, the SE Participation Act, the SCE Investment Act and the Act on the participation of employees in the a cross-border merger is involved in the individual case. (4) The parties concerned may submit their comments in writing. If a party is left untrained on a charge, the obligation to be heard shall be sufficient; this shall be indicated in the summons. With the consent of the parties involved, the court may decide without oral proceedings. (5) The appeal shall take place against decisions and orders of the Labour Court or its chairman in accordance with § 78. Unofficial table of contents

§ 83a Comparison, execution of the proceedings

(1) The parties concerned may, in order to complete the procedure in whole or in part, conclude a comparison with the minutes of the settlement of the court or of the chairman or the person concerned, in so far as they may have the object of the comparison, or (2) If the parties have declared the procedure to be completed, it must be stopped by the Chairman of the Labour Court. (3) If the applicant has declared the proceedings to be completed, the other parties shall be required, within a period of at least two weeks to be determined by the chairman, to inform the applicant whether: agree to the execution. The consent shall be deemed to have been granted if the party concerned does not express his views within the time limit specified by the chairman. Unofficial table of contents

Section 84 Decision

The Court of First Instance decides on its free conviction, which is obtained from the overall result of the proceedings. The decision shall be drawn up in writing. § 60 shall apply accordingly. Unofficial table of contents

§ 85 Forced enforcement

(1) Unless otherwise indicated in paragraph 2, the final decisions of the labour courts or court settlements, which impose an obligation on a party, shall take place on the basis of compulsory enforcement. Decisions of the Labour Courts in property disputes are provisionally enforceable; § 62 (1) sentence 2 to 5 shall apply accordingly. The provisions of the Eighth Book of Civil Procedure shall apply in accordance with the provisions of the Eighth Book of Civil Procedure, provided that, after the decision has been taken, the debtor shall be the debtor, the person responsible for the fulfilment of the obligation under the decision (2) The remission of an incarnate is not to take place in the cases of § 23 (3), § 98 (5) and § § 101 and 104 of the German Works Constitution Act. (2) allowed. In accordance with the procedure laid down in the Eighth Book of the Code of Civil Procedure, the provisions of the Eighth Book shall apply in accordance with the proviso that the decisions shall be taken by decision of the Board, and the necessary deliveries shall be made on the basis of an office of official authority. and a claim for compensation in accordance with § 945 of the Code of Civil Procedure in matters of the Works Constitution Act does not exist. Unofficial table of contents

§ 86

(dropped)

Second subsection
Second legal train

Unofficial table of contents

Section 87 Principle

(1) The appeal to the State Labour Court shall take place against the decisions of the Labour Courts which terminate the proceedings. (2) The appeal proceedings shall be subject to the provisions governing the appeal proceedings concerning the lodging of appeal. , and its justification, on process capability, charges, dates and deadlines, rejection and exclusion of court persons, deliveries, personal appearance of the parties, public, powers of the chairman and the honorary judges, Freight, mediation and out-of-court conflict resolution, Preparation of the proceedings at issue, proceedings before the Chamber, taking of evidence, amicable execution of the lawsuit, re-establishment of rights and resumption of proceedings, as well as the provisions of § 85 on the Enforcement accordingly. § 11 (1) to (3) and (5) shall apply to the representation of the parties concerned. The application may be withdrawn at any time with the consent of the other parties concerned; § 81 (2) sentence 2 and 3 and paragraph 3 shall apply accordingly. (3) The first instance of right of reprimand shall be excluded. A new claim which was not brought forward in the first legal proceedings against a time limit set in accordance with Section 83 (1a) may be rejected if, according to the free conviction of the State Labour Court, its admission to the application of the It would delay the decision-making process and the party concerned not apologize enough. Where new arguments are admissible pursuant to sentence 2, the appellant must, in the statement of grounds of appeal, present to the respondent in the reply to the respondent. If it is put forward later, it may be rejected if the possibility arose before the statement of grounds of appeal or the responsability of the respondent arose and if the late submission was made in accordance with the free conviction of the Landesarbeitsgericht (State Labour Court) (4) The lodging of the appeal shall have suspensive effect; § 85 (1) sentence 2 shall remain unaffected. Unofficial table of contents

Section 88 Restriction of appeal

§ 65 shall apply accordingly. Unofficial table of contents

Section 89 Einlaying

(1) For the purpose of lodging and justifying the appeal, Section 11 (4) and (5) shall apply accordingly. (2) The notice of appeal must refer to the decision against which the appeal is addressed and contain the statement that the appeal against this decision is the case. is inserted. The statement of grounds of appeal must indicate which in the individual grounds of appeal to be found and on what new facts the appeal is based. (3) If the appeal is not filed or justified in the legal form or time limit, it shall be to be rejected as inadmissible. The decision may be taken without prior oral proceedings by the chairman; it shall be unquestionable. It shall be notified to the complainant. Section 522 (2) and (3) of the Code of Civil Procedure shall not be applicable. (4) The appeal may be withdrawn at any time in the form prescribed for its consideration. In the event of withdrawal, the Chairman shall establish the procedure. He shall inform the parties thereof, insofar as the complaint has been delivered to them. Unofficial table of contents

§ 90 Procedure

(1) The notice of appeal and the statement of grounds of appeal shall be sent to the parties concerned for the expression of the notice. The statement is made by the filing of a plea in the appeal court or by an explanation of the minutes of the office of the labour court which issued the contested decision. (2) For the proceedings, § § 83 and 83a are (3) No appeal shall be made against decisions and injunctions of the Regional Labour Court or its Chairman. Unofficial table of contents

Section 91 Decision

(1) The State Labour Court shall decide on the appeal by decision. A rejection is not allowed. (2) The decision shall be to be signed by the members of the Board and shall be sent to the parties concerned. The second sentence of Section 69 (1) shall apply accordingly.

Third Subsection
Third legal suit

Unofficial table of contents

Section 92 Legal complaints procedure, principle

(1) The appeal to the Federal Labour Court shall be held against the decision of a national labour court which ends the proceedings if, in the decision of the Landesarbeitsgericht (Regional Labour Court) or in the decision of the Federal Labour Court (Bundesarbeitsgericht) in accordance with § 92a sentence 2 shall be approved. Section 72 (1), second sentence, (2) and (3) shall apply accordingly. In the cases of Section 85 (2), the legal complaint shall not be held. (2) The provisions governing the appeal proceedings shall apply to the appeal proceedings relating to the filing of the revision and its reasons, process capability, summons, dates and time limits, refusal and exclusion of court personnel, statements, personal appearance of the parties, public, powers of the chairman and the co-sitter, amicable execution of the lawsuit, re-establishment of rights in the previous stand and the reopening of the procedure and the provisions of Section 85 on the Enforcement of the law in accordance with § § 93 to 96 does not result in anything else. § 11 (1) to (3) and (5) shall apply to the representation of the parties concerned. The application may be withdrawn at any time with the consent of the other parties; § 81 (2) sentence 2 and 3 shall apply accordingly. (3) The filing of the legal complaint shall have suspensive effect. Section 85 (1) sentence 2 shall remain unaffected. Unofficial table of contents

Section 92a Non-admission complaint

The failure to grant the legal complaint by the State Labour Court can be appealed independently by appeal. Section 72a (2) to (7) shall apply accordingly. Unofficial table of contents

Section 92b Immediate appeal due to late suspension of the appeal decision

The decision of a regional court of work in accordance with § 91 may be challenged by an immediate appeal if it is not fully drafted within five months of the date of delivery and provided with the signatures of all the members of the board of the office has been handed over. Section 72b (2) to (5) shall apply accordingly. § 92a does not apply. Unofficial table of contents

Section 93 Legal complaints

(1) The appeal may only be based on the fact that the decision of the State Labour Court is based on the non-application or incorrect application of a legal standard. It cannot be based on the grounds of § 92b. (2) § 65 shall apply accordingly. Unofficial table of contents

Section 94 Filing

(1) For the purpose of filing and justifying the appeal, the provisions of Section 11 (4) and (5) shall apply. (2) The appeal must refer to the decision against which the right to appeal is addressed and shall include the declaration that the decision shall be taken against the latter. Decision the appeal was filed. The justification for the appeal must indicate the extent to which the amendment to the contested decision is requested, which provisions are to be infringed and where the infringement is to exist. Section 74 (2) shall apply mutas. (3) The right of appeal may be withdrawn at any time in the form prescribed for its consideration. In the event of withdrawal, the Chairman shall establish the procedure. He shall inform the parties thereof as far as the legal complaint has been delivered to them. Unofficial table of contents

§ 95 Procedure

The legal notice of appeal and the legal statement of appeal shall be sent to the parties concerned for the expression of their opinions. The statement shall be made by the filing of a written plea with the Federal Labour Court or by a statement of the minutes of the office of the Landesarbeitsgericht (Regional Labour Court), which adopted the contested decision. If the person concerned fails to submit the statement in good time, this shall not prevent the proceedings from proceeding. § 83a shall apply accordingly. Unofficial table of contents

Section 96 Decision

(1) The Federal Labour Court decides on the legal complaint by decision. § § 562, 563 of the Code of Civil Procedure shall apply accordingly. (2) The decision shall be signed by all the members of the Senate and shall be sent to the parties concerned. Unofficial table of contents

§ 96a jump rights complaint

(1) The decision of a working court which ends the proceedings may be appealed directly to the appeal of appeal (jump-right appeal) if the other parties agree in writing and if the other parties agree to the decision of the court of appeal. The Court of Labour, on the basis of the fundamental importance of the case, shall be admitted, on request, in the decision terminating the proceedings or subsequently by a separate decision. The application must be made in writing within a period of one month after the date of notification of the decision in full form. The consent of the other parties involved is, if the jump-right complaint is admitted in the decision-ending decision, the legal notice of appeal, otherwise the application shall be attached. (2) § 76 para. 2 sentence 2, 3, para. 3 to 6 shall be accordingly ,

Fourth subsection
Decision-making procedures in special cases

Unofficial table of contents

Section 97 Decision on the rate of collective bargaining or collective bargaining of an association

(1) In the cases of Section 2a (1) (4), the proceedings shall be made at the request of a spatially and objectively competent association of employees or of employers or of the top employment authority of the federal government or of the supreme labour authority of a country, (2) For proceedings pursuant to Section 2a (1) (4), the Landesarbeitsgericht (State Labour Court) shall be responsible for the association, in the district of which the association shall be responsible for the collective wage or collective bargaining agreement of the association. (2a) § 80 (1), (2) sentence 1 and paragraph 3, § § § § § 80 (1), § § 80 (1), 81, 83 (1) and (2) to (4), § 83a, 84 sentence 1 and 2, § 90 (3), 91 (2) and § § 92 to 96. § 11 (4) and (5) shall apply mutas to the representation of the parties concerned. (3) The final decision on the collective wage or collective bargaining responsibility of an association is effective for and against everyone. The provision of § 63 on the sending of judgments shall be valid in accordance with the final decisions of courts for work matters in the proceedings pursuant to Section 2a (1) no. 4. (4) In the cases of Section 2a (1) no. 4, a resumption of the This procedure shall also take place even if the decision on the rate of collective bargaining or collective bargaining is based on the fact that a party has deliberately made incorrect statements or statements. § 581 of the Code of Civil Procedure does not apply. (5) If the decision of a lawsuit depends on whether an association is subject to collective agreements or whether the association's collective bargaining is satisfied, the court has the procedure until it has been completed. of the decision-making procedure pursuant to Section 2a (1) (4). In the case of the first sentence, the parties to the dispute shall also be entitled to apply in the decision-making procedure in accordance with Section 2a (1) no. Unofficial table of contents

Section 98 Decision on the validity of a general liability declaration or a legal regulation

(1) In the cases referred to in Article 2a (1) (5), the procedure shall be initiated upon request
1.
any natural or legal person, or
2.
of a union or of an association of employers,
which, after publication of the declaration of general liability or of the legal regulation, makes use of the general liability declaration or the legal regulation or its application in respect of its rights or infringes in the foreseeable future, (2) For proceedings pursuant to Section 2a (1) point 5, the Landesarbeitsgericht (State Labour Court) in whose district the authority has its registered office, which has declared the collective agreement to be generally binding, or which has adopted the decree-law. (3) For the purpose of Procedures are § 80 (1), 2 sentence 1 and (3), § § 81, 83 (1) and 2 to 4, § § 83a, 84 sentence 1 and 2, § 90 (3), § 91 (2) and § § 92 to 96 accordingly. § 11 (4) and (5) shall apply mutas to the representation of the parties concerned. In the procedure, the authority which has declared the collective agreement to be generally binding or which has adopted the regulation is party to it. (4) The final decision on the effectiveness of a general liability declaration or a decision of a Legal regulation works for and against everyone. Final decisions of courts for work matters in the proceedings pursuant to Section 2a (1) (5) shall be sent to the Federal Supreme Labour Office in complete form in writing or to be transmitted electronically in full. To the extent that a declaration of general liability or a legal regulation is legally established as effective or ineffective, the decision formula shall be made known by the Federal Supreme Labour Office in the Federal Gazette (Bundesanzeiger). (5) In the cases Section 2a, paragraph 1, point 5, shall be resumed even if the decision on the effectiveness of a declaration of general liability or of a regulation is based on the fact that a party deliberately imparts inaccurate Information or statements made. § 581 of the Code of Civil Procedure does not apply. (6) If the decision of a dispute depends on whether a declaration of general liability or a decree of law is effective, the court has the right to do so until the court has been satisfied. to suspend the decision-making procedure pursuant to Article 2a (1) (5). In the case of the first sentence, the parties to the dispute shall also be entitled to apply in the decision-making procedure pursuant to Section 2a (1) (5). Unofficial table of contents

Section 99 Decision on the collective agreement applicable in operation pursuant to Article 4a (2), second sentence, of the German Collective Agreements Act

(1) In the cases referred to in Section 2a (1) (6), the proceedings shall be initiated at the request of a party to a collective agreement of a collective agreement. (2) § § 80 to 82 (1), first sentence, § § 83 to 84 and 87 to 96a shall apply in accordance with the procedure. (3) The final decision on the collective agreement applicable in operation pursuant to Section 4a (2), second sentence, of the Law on collective agreements acts for and against everyone. (4) In the cases of Section 2a (1) (6), a resumption of the Procedure also instead of if the decision on the according to § 4a (2) sentence 2 of the collective bargaining law in operation, the collective agreement shall be based on the fact that a party has intentionally made inaccurate statements or statements. § 581 of the Code of Civil Procedure does not apply. Unofficial table of contents

§ 100

(dropped) Unofficial table of contents

Section 100 Decision on the occupation of the unit of integration

(1) In the cases of § 76 (2) sentence 2 and 3 of the Works Constitution Act, the Chairman shall decide alone. In view of the lack of competence of the entity, applications can only be rejected if the unit is manifestly uncompetent. § § 80 to 84 shall apply mutas to the procedure. The entry and charge periods are 48 hours. A judge may only be appointed to the chairman of the agreement if, on the basis of the distribution of the business, it is excluded that he is to be referred to the review, interpretation or application of the information desk. The decision of the chairman shall be notified to the parties within two weeks of receipt of the request and shall be notified to the parties concerned no later than four weeks after that date. (2) The complaint to the Regional Labour Court shall be held by the Chairperson. The appeal shall be filed within a period of two weeks and shall be justified. § 87 (2) and (3) and sections 88 to 90 (1) and (2) as well as § 91 (1) and (2) shall apply in accordance with the procedure provided that the Chamber of the Landesarbeitsgericht (Regional Labour Court) is replaced by the Chairman. There is no legal remedy against its decisions.

Fourth part
Arbitration contract in labour disputes

Unofficial table of contents

§ 101 Principle

(1) For civil disputes between subcontracting parties in collective agreements or the existence or non-existence of collective agreements, the parties to the collective agreement may, in general or in the case of individual cases, be subject to the right of work. by the express agreement that the decision is to be made by an arbitral tribunal. (2) For civil disputes arising from an employment relationship governed by a collective agreement, the parties to the dispute may be excluded. Collective agreements the labour jurisdiction in the collective agreement by the express agreement that the decision should be made by an arbitral tribunal, if the personal scope of the collective agreement consists mainly of stage artists, film-makers or artists. The agreement shall apply only to persons with a collective bargaining agreement. It extends to parties whose circumstances are governed by the collective agreement for other reasons, if the parties have agreed to this expressly and in writing; the lack of form shall be due to the arbitration of the arbitration court. (3) The provisions of the Code of Civil Procedure relating to the arbitral proceedings shall not apply in the case of work. Unofficial table of contents

Section 102 Process hindering objection

(1) If the Labour Court is called upon for a dispute in respect of which the parties to the collective agreement have concluded an arbitration agreement, the Court of First Instance shall dismiss the action as inadmissible if the defendant is on the arbitral contract (2) The defendant may not rely on the arbitration contract,
1.
if, in a case in which the parties to the dispute itself have to appoint the members of the arbitral tribunal, the plaintiff has complied with that duty, but the defendant does not make the appointment within one week of the plaintiff's request has;
2.
if in a case in which not the parties to the dispute but the parties to the arbitral contract have to appoint the members of the arbitral tribunal, the arbitral tribunal shall not be formed and the arbitral tribunal shall be appointed by the chairman of the arbitral tribunal. The Court of Arbitration has passed fruitlessly in order to form the arbitral tribunal;
3.
if the arbitral tribunal formed in accordance with the arbitration agreement delays the implementation of the proceedings and the deadline for carrying out the proceedings, set by the chairman of the court of work, has been fruitlessly passed;
4.
if the arbitral tribunal indicates to the parties to the dispute that the award of an award is impossible.
(3) In the cases referred to in points 2 and 3 of paragraph 2, the time-limit shall be determined at the request of the plaintiff by the chairman of the labour court who would have jurisdiction to assert the claim. (4) The defendant may not, in accordance with paragraph 2, apply: The arbitral contract shall be ruled out by a arbitral decision of the litigation. Unofficial table of contents

Section 103 Composition of the arbitral tribunal

(1) The arbitral tribunal must consist of an equal number of employees and of employers; moreover, it may belong to impartiality. Persons who, as a result of judicial proceedings, do not have the ability to hold public offices may not belong to it. (2) Members of the Arbitration Court may be refused under the same conditions as those for the rejection of a judge (3) The Chamber of the Labour Court, which would be responsible for the assertion of the claim, decides on the rejection. Before the decision is taken, the parties to the dispute and the rejected member of the arbitral tribunal shall be heard. The Chairman of the Labour Court decides whether to listen orally or in writing. The oral hearing shall be held in front of the Chamber. No legal remedy shall be taken against the decision. Unofficial table of contents

§ 104 Procedure before the arbitral tribunal

The proceedings before the arbitral tribunal shall be governed by the provisions of Sections 105 to 110 and the Arbitration Treaty, and in other cases by the discretion of the arbitral tribunal. Unofficial table of contents

Section 105 Consultation of the parties

(1) The parties to the dispute shall be heard before the award of the award. (2) The hearing shall be conducted orally. The parties have to appear in person or be represented by an authorized representative provided with written authority. The certification of the full-power certificate cannot be required. The provision of Section 11 (1) to (3) shall apply mutalogically to the extent to which the arbitral contract is not otherwise determined. (3) If a party fails to attend the hearing or if it does not express itself in spite of a request, the obligation to be heard shall be sufficient. Unofficial table of contents

Section 106 Taking of evidence

(1) The arbitral tribunal may collect evidence to the extent that the evidence is made available to him. Witnesses and experts may not insult the arbitral tribunal, do not claim or receive any oath. (2) If the arbitral tribunal considers a proof of evidence to be necessary which it cannot carry out, it shall ask for the The chairman of the labour court or, if this is more appropriate for reasons of the local situation, the district court in whose district the taking of evidence is to be carried out. Accordingly, proceedings shall be taken if the arbitral tribunal considers the insult of a witness or expert in accordance with § 58 (2) sentence 1 to be necessary or an icy party hearing to be pertinent. The legal expenses arising from legal assistance shall be replaced by the court; Section 22 (1) and Section 29 of the Law on Legal Law shall apply accordingly. Unofficial table of contents

Section 107 Comparison

A settlement closed before the arbitral tribunal shall be signed by the parties to the dispute and the members of the arbitral tribunal, indicating the date of its arrival. Unofficial table of contents

Section 108 Arbitration

(1) The arbitral award shall be given by a simple majority of the votes of the members of the arbitral tribunal, unless the arbitral contract determines otherwise. (2) The award of the award shall be given by the members of the arbitral tribunal, indicating the day of its settlement. shall be signed and shall be justified in writing, unless the parties expressly waive the written justification. Any party to the dispute shall be awarded a copy of the award, signed by the chief negotiator. The delivery may be effected by registered letter against a return note. (3) A copy of the award, signed by the chief negotiator, shall be laid down in the working court which would be responsible for the assertion of the claim. . The acts of the arbitral tribunal or parts of the files may also be deposited there. (4) The arbitral award shall have the same effects among the parties as a final judgment of the Labour Court. Unofficial table of contents

Section 109 Enforcement

(1) Forced enforcement shall take place from the award of the award or from a settlement concluded before the arbitral tribunal only if the award of the award or the comparison of the chairman of the court of work, which is for the assertion of the claim. has been declared to be enforceable. The chairman has to hear the opponent before the statement. If it is proved that the award of the award has been annulled, the decision shall be suspended pending the completion of this dispute. (2) The decision of the Chairman shall be final. It shall be sent to the parties. Unofficial table of contents

Section 110-raising of the lift

(1) The withdrawal of the award may be subject to the action of the Court of Appeal,
1.
if the arbitration procedure was inadmissible;
2.
if the arbitral award is based on a violation of a rule of law;
3.
if the conditions under which a court judgment under Section 580 (1) to (6) of the Code of Civil Procedure would be admissible would be eligible for the restitution action.
(2) The court of labour is responsible for the action, which would be responsible for the assertion of the claim. (3) The action must be brought within a period of two weeks. The period shall commence in the cases referred to in paragraph 1 (1) and (2) with the notification of the award. In the case referred to in paragraph 1 (3), it shall commend with the legal force of the judgment which expresses the conviction for the offence or on the date on which the party has become aware that the initiation or implementation of the proceedings does not apply. (4) If the award of the award is declared enforceable, the judgment of the Court of Appeal shall also be subject to the annulment of the award of the award. Declaration of enforceability.

Fifth Part
Transitional and final provisions

Unofficial table of contents

Section 111 Amendment of provisions

(1) Where, under other legislation, other courts, authorities or bodies are competent to decide or resolve cases of work, the working courts shall be replaced by their place of work. This does not apply to seamen's offices in so far as they are responsible for the provisional decision of work matters. (2) To settle disputes between trainees and trainees from an existing vocational training relationship, in the area of the craft trades, and in other cases the competent bodies within the meaning of the Vocational Training Act form committees to which employers and employees must belong in the same number. The Committee has to listen to the parties orally. If the plea that he has received is not recognised by both parties within a week, an action may be brought before the competent labour court within two weeks of the date of the claim. Section 9 (5) shall apply accordingly. The action must in all cases be preceded by the proceedings before the Committee. From comparisons concluded before the Committee and from the spells of the committee recognised by both parties, the enforcement of the compulsory enforcement shall take place. § § 107 and 109 shall apply accordingly. Unofficial table of contents

Section 112 Transitional arrangements

In the case of a decision-making procedure pursuant to Section 2a (1) (4), which have been pending before the expiry of 15 August 2014, § 97 shall continue in the version valid on that date until the conclusion of the procedure by a final decision. Unofficial table of contents

Section 113

(dropped) Unofficial table of contents

Section 114

(dropped) Unofficial table of contents

§ 115

(dropped) Unofficial table of contents

Section 116

(dropped) Unofficial table of contents

Section 117 Procedure in the event of disagreement between the administrations involved

Insofar as the agreement is not reached in the cases of § § 40 and 41, the Federal Government shall decide. Unofficial table of contents

Section 118

(dropped) Unofficial table of contents

§ 119

(dropped) Unofficial table of contents

§ 120

(dropped) Unofficial table of contents

Section 121

(dropped) Unofficial table of contents

Section 121a

(dropped) Unofficial table of contents

§ 122

(dropped) Unofficial table of contents

Appendix 1

(dropped) Unofficial table of contents

Appendix 2

(dropped)