Labour Court Law

Original Language Title: Arbeitsgerichtsgesetz

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Labor court law

unofficial table of contents

ArbGG

date of delivery: 03.09.1953

full quote:

" Labor court law in the version of the announcement of the 2. July 1979 (BGBl. 853, 1036), as last amended by Article 2 of the Law of 3. July 2015 (BGBl. I p. 1130) "

:Recaught by Bek. v. 2.7.1979 I 853, 1036;
Last modified by Art. 2 G v. 3.7.2015 I 1130

For details, see the Notes

Footnote

(+ + + text evidence application: 1.1.1981 + + +)
menu
(+ + + measures). on the basis of EinigVtr, see ArbGG Appendix EV;
are no longer to be applied + + +)

First part
General rules

A Non-Official Table Of Contents

§ 1 Tribunals for Work Cases

The jurisdiction in labor matters-§ § 2 to 3-is exercised by the labor courts- § § 14 to 31-, the Landesarbeitsgericht-§ § 33 to 39-and the Federal Labour Court-§ § 40 to 45-(courts for work matters). Non-official table of contents

§ 2 Jurisdiction in the judgment procedure

(1) The courts for work items are exclusively responsible for
1.
Civil litigation between collective bargaining parties or between them and third parties Collective agreements, or the existence or non-existence of collective agreements;
2.
Civil disputes between parties to the collective agreement or between them and the parties to the agreement. Third parties from unauthorised actions, in so far as these are measures for the purpose of the industrial action or questions of freedom of association, including the related activity of the associations concerned;
3.
bourgeois litigation between employees and employers
a)
from the work ratio;
b)
about the existence or non-existence of a Labor ratio;
c)
from negotiation of and aftermath of an employment relationship;
d)
from unauthorised actions, as far as these are related to the work relationship;
e)
Work papers;
4.
Civil litigation between employees or their survivors and
a)
Employers over claims made with the employment relationship in legal or immediate the economic context;
b)
Joint bodies of the collective bargaining parties or social bodies of private law on claims arising from the Employment relationships or claims related to the employment relationship in a legal or direct economic context
to the extent that there is no other court's exclusive jurisdiction;
5.
bourgeois litigation between employees or their survivors and the institution of insolvency insurance for claims on insolvency protection benefits according to the Fourth section of the first part of the law on improving occupational retirement provision;
6.
Civil litigation between employers and Entities referred to in point 4 (b) and (5) and between those bodies, unless the exclusive jurisdiction of another court is given;
7.
bourgeois litigation between development workers and development service providers under the Development Helpers Act;
8.
Civil litigation between the voluntary social or ecological year promoters or the volunteers and volunteers after the Youth Voluntary Service Act;
8a.
Civil litigation between the Federal Government or the Federal Voluntary Service or its institutions and Volunteers under the Federal Voluntary Service Act;
9.
Civil disputes between workers from joint work and from unauthorised acts, where these relate to the employment relationship;
10.
Civil litigation between disabled persons in the work area of workshops for Persons with disabilities and the institutions of the workshops from the employee-related legal relationships regulated in § 138 of the Ninth Book of the Social Code.
(2) The courts for work matters are also responsible for civil society. Legal disputes between employees and employers,
a)
the exclusive rights to Performance of an established or fixed remuneration for a worker's invention or for a technical improvement proposal pursuant to § 20 (1) of the Act on Employees ' inventions;
b)
the copyright disputes arising out of work conditions have exclusive rights to the performance of an agreed remuneration.
(3) Before the courts for Cases may not be brought under the provisions of paragraphs 1 and 2 if the claim is made with a civil lawsuit pending before a working court or at the same time as it is pending in the case of a working court. (1) and (2) in a legal or direct economic context, and where it is not the exclusive jurisdiction of another court for its assertion.(4) On the basis of an agreement, civil disputes between legal persons of private law and persons, the power of law alone or as members of the representative body of the legal person to represent them may also be concluded. shall be brought before the courts for work.(5) The judgment procedure shall take place in cases of litigation under these provisions. Non-official table of contents

§ 2a Responsibility in the decision-making procedure

(1) The courts for work items are also exclusively responsible for
1.
Affairs from the Works Constitution Act, if not for measures according to § § 119 to 121 the jurisdiction of another court is given;
2.
Matters from the Spokesperson's Committee of Foreign Affairs, insofar as not for measures in accordance with § § 34 to 36 thereof. Jurisdiction of another court is given;
3.
matters from the Co-Determination Act, the Co-Determination Act and the Third Participation Act, to the extent to which the election of representatives of the employees to the Supervisory Board and their dismise is to be decided, with the exception of the convening pursuant to Section 103 (3) of the German Stock Corporation Act;
3a.
matters from § § 94, 95, 139 of the Ninth Book Social Code,
3b.
matters from the Law on European Works Councils, unless the jurisdiction of another court is given for measures in accordance with § § 43 to 45;
3c.
matters of § § § § § § § § § § § § § § § § § § § 51 of the Vocational Training Act;
3d.
Aairs from § 10 of the Federal Volunteer Service Act;
3e.
matters from the SE-participation law 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 Stock law is to be decided;
3f.
Affairs from the SCE Participation Act of 14. August 2006 (BGBl. 1911, 1917) with the exception of § § 47 and 48 and in accordance with § § 34 to 39 only insofar as the election of representatives of the employees to the supervisory or administrative organ as well as their dismise is to be decided;
3g.
matters from the Act on employee participation 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 Share Law;
4.
The decision on the rate 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 Collectional Contract Law, a legal regulation pursuant to § 7 or § 7a of the Employees-Posting of Workers Act and a legal regulation according to § 3a of the Employees ' Admission Act;
6.
the decision on the pursuant to section 4a, paragraph 2, sentence 2 of the German collective agreements law in operation
(2) The decision-making procedure shall take place in disputes under these rules. Non-official table of contents

§ 3 Jurisdiction in other cases

The jurisdiction based on § § 2 and 2a shall also apply in cases where: the litigation is carried out by a legal successor or by a person who has the power to do so by law in place of the person entitled to the right or pledge for this purpose. Non-official table of contents

§ 4 Exclusion of labour jurisdiction

In the cases of § 2 (1) and (2), the work jurisdiction can be determined in accordance with the conditions laid down in § § 101 to 110 are excluded. Non-official table of contents

§ 5 Concept of worker

(1) Workers within the meaning of this Act are workers and employees, as well as their employees. Vocational training employees. Employees are also employed as employees and those who are equal to them (Section 1 of the Heimarbeitsgesetz vom 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. or the population of the population.(2) Officials are not employees as such.(3) Commercial agents shall be considered to be employees within the meaning of this Act only if they belong to the group of persons for which the lower limit of the contractor's contractual services may be fixed in accordance with Section 92a of the Commercial Code; and if, during the last six months of the contractual relationship, if the contract period is shorter, on average no more than EUR 1 000 per month on the basis of the contractual relationship with remuneration, including commission and replacement for have received 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 that does not give the consent of the Federal Council, adjust the respective wage and price ratios. Non-official table of contents

§ 6 Occupation of the courts for work items

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

§ 6a General provisions on the Bureau and the distribution of business

For the courts for The provisions of the Second Title of the Law of the Court of Justice shall apply in accordance with the following provisions:
1.
In the case of a working tribunal with fewer than three judge's posts, the duties of the Bureau shall be determined by the Chairman or, if two Chairmen are appointed, by the agreement of the Chairperson. If the Chair does not agree, the Bureau of the Regional Labour Court or, in so far as such does not exist, the President of the Court of Justice shall decide.
2.
a national labour court with fewer than three judges ' posts shall be exercised in consultation with the President by the President, in so far as a second chairman is present.
3.
The magistrate judge determines what judicial tasks he performs.
4.
Everyone Honorary judges may belong to a number of sprouchbodies.
5.
The chairmanship of the chambers of the labour courts will guide the judges.
name="BJNR012670953BJNE002805308 " />Non-Official Table of Contents

§ 7 Business Unit, Application of the Means

(1) A place of business shall be established in each case of each court for work, which is 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 of the Federal Labour Court and the Land Labour Courts.(2) The costs of the Labour Courts and the Land Labour Courts shall bear the land which it establishes. The costs of the Federal Labour Court are borne by the Federal Government. Non-official table of contents

§ 8 Gang of procedure

(1) In the first legal proceedings, the working courts are responsible, unless otherwise provided by law is determined.(2) In the case of the judgments of the Labour Courts, the appeal to the Land Labour Courts shall take place in accordance with Section 64 (1) of the Court of Labour.(3) The revision to the Federal Labour Court shall be held against the judgments of the Land Labour Courts in accordance with Section 72 (1).(4) The decision of the Labour Courts and its chairpersons in the decision-making procedure shall take place in accordance with § 87 of the State Labour Court.(5) The decisions of the Landesarbeitsgericht in the decision-making procedure shall take place in accordance with § 92 of the Federal Labour Court. Non-official table of contents

§ 9 General procedural rules and legal protection in case of excessive legal proceedings

(1) The procedure is in all to speed up legal proceedings.(2) The provisions of the Judicial Constitutional Law on delivery and enforcement officers, on the maintenance of the order in the session, on the court language, on the exercise of judicial business by means of referenaries and on Consultation and voting shall apply in all legal proceedings accordingly. 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). the place of the Code of Civil Procedure is replaced by the Labour Court Act.(3) The rules governing the conduct of business in the ordinary courts by judicial authorities 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 labour jurisdiction can be appointed as legal fledgles.(4) Witnesses and experts shall receive compensation or remuneration in accordance with the law on the compensation of justice and the law of compensation.(5) All decisions which may be challenged by a temporary appeal shall contain the information on the appeal. 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 information is not provided or is not properly issued, 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 event of force majeure. Non-official table of contents

§ 10 Party capability

Party-level parties in the labor court proceedings are also unions and associations of Employers as well as associations of such associations; in the cases of § 2a (1) no. 1 to 3f are also those under the Works Constitution Act, the Speaker's Committee Act, the Co-Determination Act, the Co-Determination Act, the The Third Participation Act, § 139 of the ninth Book of the Social Code, Section 51 of the Vocational Training Act and the legal regulations issued under these laws, as well as those under the Act on European Works Councils, the SE-Beteiligungsgesetz, the SCE-Participation Act and the Act on the participation of employees in a cross-border merger involved persons and bodies. 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 The activities of the association shall be extended. 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 . Non-official table of contents

§ 11 Process Representation

(1) The parties may have the legal dispute itself before the Labour Court. 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 do not apply in accordance with the provisions of paragraph 2 of this Article. representation of the creditor would be empowered, or a claim, the original creditor of which they are.(2) The parties may be represented by an attorney acting as an authorized representative. In addition, as authorised representative before the Labour Court, only
1.
employees of the A party or a company affiliated with it (Section 15 of the German Stock Corporation Act); public authorities and legal persons under public law, including those formed by them in order to carry out their public duties, may also: be represented by employees of other public authorities or legal persons under public law, including those formed by them in order to fulfil their public duties,
2.
full-year family members (§ 15 of the Tax Code, § 11 of the Life Partnership Act), persons with empowerment to the judge's office and convicts if the representation is not in the
3.
Self-employed associations of employees with social or professional-policy purpose for their work. Members,
4.
Trade unions and associations of employers and associations of such associations for their members or for other associations or groupings with a comparable orientation and its members,
5.
legal persons whose shares are all the economic property of one of the names referred to in point 4 If the legal person is exclusively the legal advice and representation of this organisation and its members or other associations or associations with a comparable orientation and its members, organisations shall be responsible for: in accordance with its statutes, and if the organization is responsible for the activities of the plenipotentiaries.
Agents who are not natural persons act through their organs and representatives of the process representative.3. The General Court rejects by means of an indisputable decision the Plenipotentiary, who are not authorized to represent them in accordance with the provisions of paragraph 2. 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) to (3) if they are not in a position to present the matter in accordance with the facts and disputes.(4) In the case of the Federal Labour Court and the State Labour Court, the parties must, except in the proceedings before a representative or requested judge and in the case of processual actions, which may be carried out before the Office of the Office of the Office of the Office, be represented by process authorised representatives. In addition to lawyers, only the organisations referred to in the second sentence of paragraph 2 (4) 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 provisions of the first and second sentences of paragraph 3 shall apply accordingly.(6) In the hearing, the parties may appear with appretions. It may be that those who, in proceedings in which the parties are able to carry out the dispute itself, are empowered to represent them in the trial as authorised representative. The court may allow other persons to assist if this is relevant and there is a need for this in the circumstances of the individual case. The provisions of the first and third sentences of paragraph 3 and paragraph 5 shall apply by analogy. 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. Non-official table of contents

§ 11a Order of a lawyer, legal aid

(1) The rules of the Code of Civil Procedure on the Legal aid and cross-border legal aid within the European Union in accordance with Directive 2003 /8/EC shall apply in accordance with procedures 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 social rights in order to simplify and standardize the procedure by means of a legal regulation. economic conditions (Section 117 (2) of the Civil Procedure Code). Non-official table of contents

§ 12 Costs

The Justice Administration Costs Act and the Justice Settlement Regulations apply accordingly, unless they are shall be applied directly. 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. Non-official table of contents

§ 12a Costing obligation

(1) The first appeal is not entitled to judgment of the obsietive party. Compensation due to time failure and reimbursement of the costs of the confiscation of a process authorised representative or assistance. 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) If, 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 a representative of the association pursuant to Article 11 (2) In the case of non-judicial costs, the party shall be deemed to have been represented in the second sentence of the second sentence of paragraph 4 and 5, 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. Non-official table of contents

§ 13 Mutual Legal Assistance

(1) The labor courts provide legal assistance to the courts for work items. If the official act is to be carried out outside the seat of a working 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 inter-procedural communications of the Office of the Court of Justice are applicable. Non-official table of contents

§ 13a International procedures

The provisions of Book 11 of the Code of Civil Procedure on Judicial Cooperation The European Union shall apply in proceedings before the courts for the purposes of work, unless otherwise provided for by this Act.

Second Part
Building the Courts for Work Cases

First Section
Labor Courts

Non-tamying Table of Contents

§ 14 Establishment and Organization

(1) Labour courts are established in the countries.(2) By law,
1.
will be ordered to set up and repeal Labor Courts;
2.
Place a Place of Justice;
3.
Changes in the delimitation the court district;
4.
the allocation of individual subject areas to a working court for the districts of several labour courts;
5.
building chambers of the labor court in other places;
6.
the transition of pending procedures to another court in the case of measures under points 1, 3 and 4 where jurisdiction is not to be based on the rules in force so far.
(3) Several countries may decide to establish a common labour court or joint Chambers of a working court or the extension of court districts beyond the national borders, also for individual subject areas, agree.(4) The competent supreme authority of the State may arrange for court days to 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 under paragraphs 1 to 5 and 3 (3), trade unions and employers ' associations are to be heard, which are of major importance for working life in the country. Non-official table of contents

§ 15 Administration and service supervision

(1) The management and supervisory authorities are responsible for the management and supervision of the service. State authority. The associations referred to in Article 14 (5) shall be heard before the general arrangements relating to the administration and the supervision of services, in so far as they are not of a purely technical nature, are to be heard.(2) The State Government may, by means of a legal regulation, carry out administrative and administrative supervision of the President of the State Labour Court or the Chairman of the Labour Court or, if there are several Chairmen, 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. Non-official table of contents

§ 16 Composition

(1) The working court consists of the required number of chairpersons and honorary members of the working party. Judges. The honorary judges are taken out of the circles of the employees and the employers, half of them.(2) Each Chamber of the Labour Court shall act in the occupation with a chairperson and each honorary judge from circles of employees and employers. Non-official table of contents

§ 17 Formation of chambers

(1) The competent supreme state authority shall determine the number of chambers after hearing the Article 5 (5).(2) Where there is a need, the Land Government may form specialist chambers by means of a regulation for the disputes of certain professions and trades and certain categories of workers. 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 jurisdiction does not fall within the scope of the shall be governed by the rules currently in force. Section 14 (5) shall apply accordingly.(3) The Land Government may transfer the authorisation provided for in paragraph 2 by means of a regulation to the competent supreme state authority. Non-official table of contents

§ 18 Appointment of the chairpersons

(1) The chairpersons shall be appointed on a proposal from the responsible supreme authority Consultation with a committee appointed in accordance with the national regulations.(2) The Committee shall be established by the competent supreme state authority. It must include representatives of trade unions and employers ' associations as well as labour courts, as defined in Section 14 (5).(3) At the same time, a Chairperson may be transferred to another Labour Court.(4)-(6) (omitted) (7) In the case of the labour courts, judges can be used on the sample and judge by order of the order. Non-official table of contents

§ 19 Permanent Representation

(1) If a working court is only occupied by a chairperson, the Bureau shall instructs the National Labour Court, a judge of his district with the permanent representation of the chairman.(2) If the temporary representation by a judge of another court is required in a working court, the Presidium of the Landesarbeitsgericht shall order a judge of his district at the latest for 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. Non-official table of contents

§ 20 Appointment of the honorary judges

(1) The honorary judges shall be appointed by the competent supreme state authority or from the body designated by the provincial government by means of a legal decree, for a period 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 deducted from the list of proposals in an appropriate proportion, taking into account the minorities, which shall be taken into account by the competent authority of the trade unions in the country, independent associations of employees with social or professional-policy purpose and associations of employers, as well as the bodies referred to in section 22 (2) (3) or their employers ' associations. Non-official table of contents

§ 21 prerequisites for appeal as a volunteer judge

(1) As a volunteer judge, employees and Employer to appoint the 25. Have completed a life year and are working or living in the district of the Labour Court.(2) The Office of the Honorary Judge is excluded,
1.
who, as a result of a judge's claim, is capable of does not have public office clothing or has been sentenced to a term of imprisonment of more than six months because of an intentional act;
2.
who is is indicted for the loss of the ability to hold public offices;
3.
who does not have the right to vote in the German Bundestag
Persons who have fallen into an asset are not to 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, who is appointed to the honorary judge in a higher legal suit, ends with the beginning of the term of office in the higher legal suit. No one may be a honorary judge of the workers 'side and the employers' side at the same time, or be called as an honorary judge in case of more than one court for work.(5) If the absence of a condition for the appointment is subsequently known or if a condition is subsequently continued, the honorary judge shall be untied at the request of the competent authority (§ 20) or on his own request from his office. The application shall be decided by the Bureau for each financial year in advance by the Board of the State Labour Court. 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 the disconnection.(6) When the honorary judge dismisses his status as an employee or employer on the grounds of reaching the age limit, paragraph 5 shall apply, subject to the proviso that the removal from the office shall be admissible only at the request of the honorary judge. Non-official table of contents

§ 22 Honorary Judge from Employer Circles

(1) Honorary Judge from Employer Circles may also , who temporarily or regularly does not employ workers at certain times of the year.(2) In the case of voluntary judges from employers ' circles, they may also be called
1.
for companies. a legal person or a population of persons appointed to represent the legal person or the whole person solely or as a member of the representative body, by virtue of the law, the statutes or the social contract
2.
Managing Director, Operations Manager or Head of Human Resources, insofar as they are entitled to recruit employees to the holding, or persons to whom Prokura or general authority;
3.
at the Federal Government, the Länder, the municipalities, the municipal associations and other public bodies, institutions and foundations of the public Officials and employees on the right according to the approximate order of the competent federal or state authority;
4.
Members and employees of associations of employers as well as members of the Board of Directors and employees of associations of such associations, if these persons are authorized to represent them by virtue of their statutes or power of attiation.
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§ 23 honorary judge from employee circles

(1) honorary judge from workers ' circles can also be who is unemployed.(2) Employees are appointed as honorary judges for members and employees of trade unions, independent associations of employees with social or professional policy purpose, and members of the board of directors and employees. Employees of unions shall be equal if these persons are authorized to represent them by virtue of their statutes or power of atonation. The same shall apply to agents who act 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 where the legal person is solely responsible for the Legal advice and representation of the members of the organisation in accordance with their statutes. Non-official table of contents

§ 24 Rejection and deposit of the volunteer judge

(1) The office of the honorary judge can refuse or laying down,
1.
who reaches the rule age limit according to the Sixth Book of Social Law has;
2.
Who, for health reasons, is prevented from properly exercising the office;
3.
Who is used by volunteer work for the general public so that he cannot be allowed to take over the office;
4.
who has served as a volunteer judge in the ten years preceding the appointment at a court for work;
5.
who believingly makes it difficult for him to make important reasons, especially the care of his family, to make the office more difficult.
(2) On the right to Rejection or deposit shall be decided by the competent authority (§ 20). The decision is final. unofficial table of contents

§ 25

(omitted) unofficial Table of contents

§ 26 Protection of Voluntary Judges

(1) No one shall be restricted in the taking-over or pursuit of the Office as a honorary judge or at a disadvantage because of the taking-over or exercise of the Office.(2) Anyone who restricts any other person in the taking-up or pursuit of his duties as an honorary judge or is disadvantaged on account of the taking-up or pursuit of the office shall be punished with imprisonment for up to one year or a fine. Non-official table of contents

§ 27 impeachment of the honorary judges

An honorary judge is at the request of the competent authority (§ 20) of his office, if he grossly violates his official duties. Section 21 (5) sentence 2 to 5 shall apply accordingly. Non-official table of contents

§ 28 Order of order against honorary judges

The board of the presidium for each financial year in advance of the National labour courts may, at the request of the chairman of the working court, not or not in time for the meeting of a honorary judge who departs from the performance of his duties, in particular without an adequate excuse appears to be a law of order. Before the application, the Chairman of the Labour Court has to listen to the honorary judge. The decision is final. Non-official table of contents

§ 29 Committee of Voluntary Judges

(1) In each court of work with more than one chamber, a committee of the Honorary judges. It consists of at least three honorary judges from among the workers 'and employers' circles in the same number who are 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, by the oldest chairman of the Labour Court.(2) Before the formation of chambers, prior to the division of the business, prior to the distribution of the honorary judges to the Chambers, and before the lists of honorary judges are drawn up, the Committee shall be oral or oral to the meetings. in writing. 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. Non-official table of contents

§ 30 Occupation of the Chambers of Specials

The honorary judges of a technical chamber are to be made up of the employees 'and the employees' circles An employer for which the technical chamber is formed is taken from. 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. Non-official table of contents

§ 31 Appointment of the honorary judges

(1) The honorary judges are to attend the meetings in accordance with the order a list drawn up by the Chairman before the beginning of the financial year or before the beginning of the term of office of newly appointed honorary judges in accordance with Section 29 (2).(2) For the use of representatives in the event of unforeseen prevention, a list of volunteers may be drawn up by voluntary judges who live or have their registered office in the place of jurisdiction or proximity. unofficial table of contents

§ 32

(omitted)

Second section
Landesarbeitsgerichte

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§ 33 Establishment and organization

In the countries, regional labor courts are established. Section 14 (2) to (5) shall apply accordingly. Non-official table of contents

§ 34 Administration and service supervision

(1) The management and supervisory authorities are responsible for the management and supervision of services. State authority. The second sentence of Article 15 (1) shall apply accordingly.(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. Non-official 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 honorary judges. The honorary judges are taken out of the circles of the employees and the employers, half of them.(2) Each chamber of the State Labour Court is active in the occupation with a chairman and a honorary judge from the circles of the employees and the employer.(3) The competent supreme state authority shall determine the number of chambers. § 17 shall apply accordingly. Non-official table of contents

§ 36 Chairperson

The President and the other chairpersons will be appointed on a proposal from the responsible supreme state authority After hearing the trade unions and associations of employers referred to in § 14 (5), they are appointed as judges for life-time in accordance with the provisions of the national law. Non-official table of contents

§ 37 Honorary Judges

(1) The honorary judges must have completed the thirtieth year of their life and are to be was at least five years honorary judges of a court for work.(2) In addition, § § 20 to 28 shall apply mutadenticly to the appointment and the position of the honorary judges as well as to the dismissal of the office and the dismissal of the office of office. Non-official table of contents

§ 38 Committee of Voluntary Judges

A committee of the honorary judges will be held at each national labour court. . The provisions of § 29 (1) sentence 2 and 3 and (2) apply accordingly. Non-official table of contents

§ 39 Appointment of the honorary judges

The honorary judges are to attend the meetings according to the order of a The list shall be drawn up by the Chairman 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. § 31 paragraph 2 is to be applied accordingly.

Third Section
Federal Labour Court

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§ 40 Establishment

(1) The Federal Labour Court has its seat in Erfurt.(1a) (omitted) (2) The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Justice, is responsible for managing and supervising the administration and supervision of services. 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. Non-official table of contents

§ 41 Composition, Senate

(1) The Federal Labour Court shall consist of the President, the required number of Chairmen of judges, professional advisors and honorary judges. The honorary judges are taken out of the circles of the employees and the employers, half of them.(2) Each Senate shall be active in the occupation with a chairperson, two professional advisers and one honorary judge from among the employees and employers ' circles.(3) The number of senates is determined by the Federal Ministry of Labour and Social Affairs in agreement with the Federal Ministry of Justice. Non-official table of contents

§ 42 Federal Judges

(1) For the appeal of the federal judges (President, Chairperson of the Judges and Professional Advisory Board) in accordance with Section 41 (1) sentence 1), the provisions of the Judge Elections Act shall apply. The Federal Ministry of Labour and Social Affairs (Federal Ministry of Labour and Social Affairs) is the competent ministry within the meaning of Section 1 (1) of the Judge Elections Act; it shall decide in consultation with the Federal Ministry of Justice.(2) The persons to be employed must have completed the thirty-fifth year of life. Non-official table of contents

§ 43 Honorary Judges

(1) The honorary judges are appointed by the Federal Ministry of Labour and Social Affairs for the Term 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 minority groups, the unions, the self-employed associations of workers with social or professional-policy purpose, and Associations of employers, which are of major importance for the working life of the Federal territory, as well as of the entities referred to in section 22 (2) No. 3.(2) The honorary judges must have completed the thirty-fifth year of their life, possess special knowledge and experience in the field of labour law and working life, and shall have at least five years ' honorary judges of a Court for work. They should have been employed for a longer period in Germany as an employee or as an employer.(3) The provisions of § § 21 to 28 and § 31 are to be applied accordingly for the appointment, position and use of the honorary judges as well as for the dismissal and the dismissal of the office, with the proviso that the provisions of § 21 (5), § § § § § § § § § § § § § § § § § § § § § § § § § § 21 27, sentence 2 and § 28, first sentence, shall be taken by the decisions of the Federal Labour Court appointed by the Praesidium for each financial year in advance of the decision. Non-official table of contents

§ 44 Consultation of the Voluntary Judges, Rules of Procedure

(1) Before the beginning of the fiscal 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 to be heard from among the circles of the employees and the employer.(2) The course of business shall be governed by a rules of procedure which the Bureau shall decide. Paragraph 1 shall apply mutatily. Non-official table of contents

§ 45 Grand Senate

(1) A large Senate is formed at the Federal Labour Court.(2) The Grand Senate decides if a Senate wishes to derogate from the decision of another Senate or the Grand Senate on a legal matter.(3) A submission to the Grand Senate shall be admissible only if the Senate, whose decision is to be dismissed, has declared, at the request of the Senate, that the Senate shall maintain its legal opinion. 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 it is considered necessary in its opinion on the further training of the law or in order to secure a uniform case-law.(5) The Grand Senate is made up of the President, a professional judge of the Senate, in which the President does not preside, and three honorary judges from among the employees and employers ' counties. In the event of a President's prevention, a judge of the Senate to which he is a member 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 shall indicate the rash.(7) The Grand Senate only decides on the legal question. He can decide without oral proceedings. Its decision is binding on the present case for the discerning Senate.

Third part
Proceedings before the Courts for Work Cases

First Section
Judgement Procedures

First Subsection
First Legal Train

A non-official table of contents

§ 46 Principle

(1) The judgment procedure applies in the civil disputes referred to in § 2 (1) to (4).(2) The provisions of the Code of Civil Procedure relating to the proceedings before the Local Courts shall apply in respect of the judgment of the first legal proceedings, provided that nothing else is determined by this law. The provisions relating to the early first date for oral proceedings and the written preliminary proceedings (§ § 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 of 1 January 2008. July to 31. August (Section 227 (3) sentence 1 of the Code of Civil Procedure) shall not apply. 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. Non-official table of contents

§ 46a method of payment

(1) The order for payment procedure before the courts for work is governed by the rules of the Civil procedure on the order for payment procedure, including the processing of machinery, provided that this law does not determine anything else. § 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, shall be responsible for the conduct of the order for payment procedure. The state governments are authorized to assign to a working court, by means of a legal order, payment procedures 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 labour court beyond the national borders.(3) The period to be taken into account in the notice of formal notice pursuant to Section 692 (1) (3) of the Code of Civil Procedure shall be one week.(4) If an objection is filed in good time and if a party requests the conduct of the oral proceedings, the court which has issued the letter of formal notice shall issue the proceedings of its own motion to the court of law, which shall be subject to the letter of formal notice in accordance with § 692 The first paragraph of paragraph 1 of the Code of Civil Procedure has been referred to. If the parties agree to the charge to be sent to a court other than the one 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 grounds for entitlement are not received in time, the date shall be determined only at the request of the defendant until the date of receipt of the claim.(5) The dispute shall be deemed to have become legally valid with the notification of the letter of formal notice if it is determined immediately after the objection of the appeal the date of the oral proceedings.(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 time limit. 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 grace, the chairman shall immediately determine the date of the oral proceedings.(7) The Federal Ministry of Labour and Social Affairs is authorized to regulate the course of proceedings by means of a regulation with the consent of the Federal Council, insofar as this is necessary for a uniform machine processing of the order for payment procedures. (procedural plan). (8) The Federal Ministry of Labour and Social Affairs is authorized to introduce forms by means of a legal regulation with the consent of the Federal Council for the simplification of the order for payment procedure and for the protection of the party to which the claim is made. In this case, different forms may 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. Non-official table of contents

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

(1) The European order for payment procedure in accordance with the Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 June 2006 1 December 2006 on the introduction of a European order for payment procedure (OJ L 327, 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 provided for by this Act.(2) For the processing of applications for the adoption and verification and the declaration of enforceability of a European order for payment pursuant to Regulation (EC) No 1896/2006, the Labour Court is responsible for the action brought before the Court of First proceedings would be responsible.(3) In the case referred to in Article 17 (1) of Regulation (EC) No 1896/2006, Article 46a (4) and (5) shall apply accordingly. The request for the conduct of the oral proceedings shall be deemed to have been submitted by the applicant. Non-official table of contents

§ 46c Submission of electronic documents

(1) As far as preparatory submissions and their facilities, applications and Statements by the parties, as well as for information, statements, opinions and statements by third parties, shall be deemed to be sufficient for recording as an 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 transmitted electronic document is not suitable for the court for processing, the sender must be notified without delay, stating the current technical framework conditions.(2) The Federal Government and the State Governments shall determine the date on which electronic documents may be submitted to the courts and the appropriate form for the processing of documents in their area by means of a regulation of 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 procedures.(3) An electronic document shall be filed as soon as the institution of the court designated for the reception has recorded it. Non-official table of contents

§ 46d Legal electronic document

To the extent that this law is applicable to the judge, the right-of-law, the official of the If the person responsible for the document is to be added to the document, the person responsible for the document shall, at the end of the document, add its name and the document to be signed by hand or the court enforceable to the court. with a qualified electronic signature. Non-official table of contents

§ 46e Electronic file

(1) The process files can 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 received in paper form and other documents shall be transferred to an electronic document for the purpose of replacing the original. The documents shall be kept, provided that they are further required in paper form, at least until the final conclusion of the procedure has been passed.(3) The electronic document shall contain the information as to when and by whom the documents have been transferred to an electronic document. Non-official table of contents

§ 46f Forms; Regulation empowerment.

The Federal Ministry of Labour and Social Affairs may be replaced by a legal regulation with Consent of the Federal Council to introduce electronic forms. 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. Non-official table of contents

§ 47 Special provisions on summons and registration *)

(1) The application must be made at least one week before the date of the date of the appointment. is delivered.(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 route and jurisdiction

(1) For the admissibility of the legal path and the type of procedure, as well as for the factual and local jurisdiction shall be governed by Sections 17 to 17b of the Law of the Court of Justice, with the following proviso:
1.
Decisions in accordance with § 17a (2) and (3) of the Courts Constitutional Law on local jurisdiction are indisputable.
2.
The decision pursuant to § 17a (4) of the Law on the Law of the Court of Justice takes place, provided that it is not only the responsibility of the local authority, even outside the oral proceedings
() disputes in accordance with § 2 (1) (3), (4a), (7), (8) and (10) and (2) shall also be the responsibility of the labour court in whose district the employee habituates, or most recently, his work, in the ordinary course of his work. . Where an ordinary place of work within the meaning of the first sentence cannot be established, the working court is responsible for the local area, from whose district the employee habitually has done his or her work, or has usually done so in the last place.(2) In the collective agreement, the parties to the collective bargaining agreement can determine the responsibility of a local labour court for
1.
bourgeois litigation between employees and employers from an employment relationship and from negotiations on the commission of an employment relationship, which is a collective agreement,
2.
Civil disputes arising out of the relationship of a joint establishment of the parties to the collective bargaining agreement to 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 where the application of the contract is governed by the the whole collective agreement between them is agreed. The restrictions laid down in Section 38 (2) and (3) of the Code of Civil Procedure shall not apply. Nonofficial table of contents

§ 48a

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§ 49 Rejection of legal persons

(1) The Chamber of the Labour Court decides on the rejection of court persons.(2) If it is unable to take a decision on the termination of the rejected member, the State Labour Court shall decide.(3) No legal remedy shall be taken against the decision. Non-official table of contents

§ 50 Delivery

(1) The verdicts shall be delivered to the office by the Office within three weeks of being sent to the office. , Section 317 (1) sentence 3 of the Code of Civil Procedure shall not apply.(2) § § 174, 178 (1) no. 2 of the Code of Civil Procedure shall be applied in accordance with the persons admitted to the process of representation in accordance with § 11.(3) (omitted) A non-official table of contents

§ 51 Personal appearance of the parties

(1) The Chairman may make the personal appearance of the Order parties in any situation of the dispute. In addition, 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 is not fully established in spite of the arrangement of her personal appearance and thereby the purpose of the order is thrusted. § 141 (3) sentences 2 and 3 of the Code of Civil Procedure shall apply accordingly. Non-official table of contents

§ 52 Public

The negotiations before the discerning court, including the taking of evidence and the proclamation of the Decision is 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. Non-official table of contents

§ 53 Powers of the Chairperson and the Voluntary Judges

(1) The powers not due to an oral hearing , unless otherwise specified, the Chairman shall not be responsible for any decisions and orders. The same applies to official acts on the basis of a legal assistance request.(2) In addition, the provisions of the Code of Civil Procedure relating to the country-court procedure shall apply in respect of the powers of the Chairman and the Voluntary Judges. Non-official table of contents

§ 54 Quality Procedure

(1) The oral proceedings shall begin with a hearing before the Chairman for the purpose of 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 can 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 date, which shall soon be held.(2) The action may be withdrawn up to the point of submission of applications without the defendant's consent. In the quality negotiation, court confessions in accordance with § 288 of the Code of Civil Procedure have a binding effect only if they have been declared Protocol. § 39, first sentence, and § 282 (3) sentence 1 of the Code of Civil Procedure shall not apply.(3) The result of the quality negotiation, in particular the conclusion of a comparison, shall be included in the minutes.(4) If 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, be the subject of an appointment for the contested decision. to determine the negotiation, which was to take place soon.(5) Both parties do not appear or negotiate in the quality negotiation, the resting of the proceedings shall be ordered. 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. Section 269 (3) to (5) of the Code of Civil Procedure shall be applied accordingly upon expiry of the period.(6) The Chairman may refer the parties to the Quality Negotiation as well as the continuation thereof before a judge (goods ichter) appointed for this purpose and not authorized by the decision. The freight ichter can use all methods of conflict resolution, including mediation. Non-official table of contents

§ 54a Mediation, out-of-court conflict resolution

(1) The court can either mediate a mediation or another Propose procedures for out-of-court conflict resolution.(2) If the parties decide to conduct a mediation or any other process of out-of-court conflict resolution, the court shall arrange for the proceedings to rest. 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. Non-official table of contents

§ 55 Exclusive decision by the chairman

(1) The chairman decides outside the proceedings alone
1.
upon withdrawal of the lawsuit;
2.
in waiving the claim;
3.
on acknowledgment of the asserted claim. Claim;
4.
in the case of a party's abiding;
4a.
on the revocation of the opposition to a Failure to attend or an enforcement decision as inadmissible;
5.
in the case of both parties ' abitions;
6.
about the jolly setting of the foreclosure;
7.
about the local Responsibility;
8.
about the suspension and arrangement of the process of fusing;
9.
if is only to be decided on the costs;
10.
in the case of a decision on a correction of the facts, unless one party has held an oral hearing on this Request;
11.
in the case of Section 11 (3), on the rejection of the authorized representative or the refusal of further representation.
(2) The Chairman may be in the Cases referred to in paragraph 1 (1), (3) and (4a) to (10) shall take a decision without oral proceedings. This shall also apply, with the consent of the parties, in the case referred to in paragraph 1 (2).(3) The Chairman shall also decide solely if a decision terminating the proceedings may be taken at the hearing directly followed by the act of conciliation and if the parties agree to a decision by the chairman The application must be included in the minutes of the application.(4) The Chairman may, before the contested trial, issue a decision of evidence to the extent that he orders
1.
a record of evidence by the requested judge;
2.
a written answer to the evidence after Section 377 (3) of the Code of Civil Procedure;
3.
The collection of official information;
4.
Party hearing;
5.
The collection of a written expert opinion.
arrangements according to paragraphs 1 to 3 and 5 may be submitted before the contested hearing run. Non-official table of contents

§ 56 Preparation of the contested negotiation

(1) The Chairman shall prepare the proceedings in question in such a way as to ensure that they are can be brought to an end as soon as possible. To this end, it shall, in so far as it appears relevant, in particular
1.
the Parties shall supplement the or explanation of their preparatory pleadings, as well as the presentation of documents and other objects suitable for the deposition of the court, in particular a time limit for the declaration of certain points in need of clarification
2.
The authorities or institutions of a public office ask for the notification of documents or official information;
3.
arranging the parties ' personal appearance;
4.
witnesses to which a party has been referring, and Inviting experts to attend oral proceedings as well as an order pursuant to Section 378 of the Code of Civil Procedure.
These measures shall notify the parties.(2) Attack and defence means brought forward only after the expiry of a period laid down in accordance with paragraph 1, second sentence, point 1, shall be permitted only if, in accordance with the free conviction of the Court of First Instance, its authorisation does not give rise to the conclusion of the dispute. or if the party apologized enough for the delay. The parties shall be informed of the consequences of the failure to meet the period laid down in the second sentence of paragraph 1. Non-official table of contents

§ 57 Negotiation before the board

(1) The negotiation is to be completed as soon as possible in an appointment. If this is not feasible, 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 sought throughout the proceedings. Non-official table of contents

§ 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 shall only be sworn in if the board considers this necessary in view of the importance of the certificate for the decision of the lawsuit. 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 an employment relationship or the representative of a trade union in an establishment can also be demonstrated by the presentation of public documents. Non-official table of contents

§ 59 Versaumnisverfahren

A party to which the judgment has been delivered may be subject to a failure to comply with the judgment within a Appeal for an emergency period of one week after delivery. 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. Non-official table of contents

§ 60 Announcement of the judgment

(1) For the delivery of the judgment, a special appointment can only be determined if the immediate delivery in the date on which it is issued, for special reasons, is not possible, in particular because the consultation can no longer take place on the day of the trial. 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 where a judgment is issued in the case of the files.(2) If the judgment is announced, the essential content of the reasons for the decision must be communicated. This shall not apply if both parties are absent; in this case, the reference to the signed judgment of the 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 Chamber is announced without the contraction of the honorary judges, the judgment of the judgment must be signed beforehand by the chairman and the honorary judges.(4) The judgment in addition to the facts and decision-making reasons shall 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 shall not, exceptionally, be the case. , 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 signed by the chairman in particular, and to be sent to the office. Non-official table of contents

§ 61 Content of the judgment

(1) The value of the dispute shall be determined by the labor court in the judgment.(2) if the judgment makes the obligation to take action, the defendant, at the request of the plaintiff, shall, at the same time, in the event that the act has not been carried out within a specified period, be paid by the Labour Court for the purpose of payment of a judgment by the Court of Labour. The Commission shall be responsible for the implementation of the Directive. The enforcement of the law pursuant to § § 887 and 888 of the Code of Civil Procedure is excluded in this case.(3) A preliminary ruling on the basis of the claim in advance is not to be regarded as an enduro part because of the appeal. Non-official table of contents

§ 61a Special process funding in termination proceedings

(1) proceedings in litigation concerning the existence of the existence, the 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 is to take place within two weeks after the action of the court.(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 be at least two weeks. shall, in the individual case, in writing, reply in writing to the application if the defendant has not yet received sufficient notice of the action or has failed to give sufficient evidence to the action.(4) The Chairman may, for a reasonable period of at least two weeks, give the plaintiff a written opinion on the plea for action.(5) Attack and defence means brought forward only after the expiry of the time limits laid down in accordance with paragraph 3 or 4 shall be permitted only if, according to the free conviction of the court, their authorisation does not delay the execution of the dispute or if the party excuses the delay enough.(6) The parties shall be informed of the consequences of the failure to meet the deadlines set under paragraph 3 or 4. Unofficial table of contents

§ 61b Action for deprivation

(1) A lawsuit for compensation in accordance with § 15 of the General Equal Treatment Act shall be levied within three months after the claim has been made in writing.(2) If several applicants claim compensation in accordance with § 15 of the General Equal Treatment Act for reasons of discrimination in the grounds of employment relationship or promotion, the employer shall, at the employer's request, the Court of Labour, in which the first action is brought, shall also have exclusive jurisdiction over the other actions. The legal disputes shall be referred to this Labour Court by its own authority; the proceedings shall be linked to the simultaneous negotiation and decision.(3) At the request of the employer, the oral proceedings shall not take place before the expiry of six months since the first action was raised. Unofficial Table Of Contents

§ 62 Forced Enforcement

(1) Judgments of the Labour Courts, which may be subject to appeal or appeal, are provisional Enforceable. If the defendant credibly claims that enforcement would bring him a disadvantage which is not to be replaced, the Labour Court, on his request, has ruled 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 invalidity. The decision on the request for the adoption of an inconsary may in urgent cases, even if the request is rejected, be taken without oral proceedings. Non-official table of contents

§ 63 Forwarding of judgments in collective agreements

Judgments which have become final and which are subject to civil litigation between the parties to the collective bargaining agreement or the existence or non-existence of the collective agreement, are soon to be the competent supreme authority of the state and the 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
Appeals Procedure

Non-official table of contents

§ 64 Principle

(1) Contrary to the judgments of the Labour Courts , unless the legal remedy of the immediate appeal is given in accordance with § 78, the appeal to the State Labour Courts shall take place.(2) The appeal can only be filed,
a)
if it is allowed in the judgment of the Labour Court ,
b)
if the value of the appeal exceeds 600 euros,
c)
in Legal disputes over the existence, non-existence or termination of an employment relationship or
d)
if it is a failure to act against which the Appeal to itself is not permitted if the appointment or connection is based on the fact that the case of culpable failure has not been located.
(3) The Labour Court has to admit the appeal if
1.
the case is of fundamental importance,
2.
The case litigation concerns
a)
between collective bargaining parties from collective agreements, or about the existence or non-existence of collective agreements,
b)
about the interpretation of a collective agreement, the scope of which extends beyond the district of a working court, or
c)
between collectively agreed parties or between these and third parties from unauthorised acts, insofar as they are measures for the purpose of the work campaign or questions of the Freedom of association, including the associated rights of association of the associations,
3.
the Labour Court in the Interpretation of a piece of law by a judgment delivered to him in the proceedings, which has been handed down for or against a party to the dispute, or from a judgment of the State Labour Court, which is in the course of the law, and the decision to be taken on of this deviation.
(3a) The decision of the Court of Labour, whether the appointment is approved or not, is to 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 may decide on the request without oral proceedings.(4) The Landesarbeitsgericht (State Labour Court) shall be bound by the authorisation.(5) If the appeal has not been admitted, the appellant has to make the value of the subject of appeal credible; it must not be admitted to the insurance of Eides instead.(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. The rules relating to the procedure before the single judge shall not apply.(7) The provisions of § 49 (1) and (3), § 50, § 51 (1), § § 52, 53, 55 (1) (1) to (9), (2) and (4), § 54 (6), § 54a, § § 56 to 59, 61 (2) and (3), and § § 62 and 63 of the rejection of court persons, Deliveries, personal appearance of the parties, public, powers of the chairman and the honorary judges, goods ichter, mediation and out-of-court conflict resolution, preparation of the contested negotiation, trial before the The Chamber, the taking of evidence, the failure procedure, the content of the judgment, the foreclosure and the sending of judgments in collective bargaining matters shall apply accordingly.(8) Appeals in litigation concerning the existence, non-existence or termination of an employment relationship shall be dealt with as a priority. Non-official table of contents

§ 65 Restriction of appeal

The Court of Appeal does not examine whether the appeal and the method of appeal are , and whether the appointment of the honorary judges is subject to procedural shortcomings or whether there are circumstances which preclude the appointment of a volunteer judge to his office. Non-official table of contents

§ 66 Filing of appeal, appointment determination

(1) The time limit for filing the appeal is one month, the deadline for the reasons for the appeal, 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 appeal is to be drawn to the deadline for response 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 is have significant reasons to do so.(2) The appointment of the oral proceedings must be determined immediately. 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. Non-official table of contents

§ 67 Admission of new means of attack and defence

(1) Attack and defence means to be used in the first legal move Rights have been rejected, shall be excluded.(2) New acts of aggression and defence which have not been brought forward in the first legal proceedings against a time limit set pursuant to Article 56 (1), second sentence, No. 1 or § 61a (3) or (4) shall only be permitted if, according to the free conviction of the National labour courts would not delay the execution of the lawsuit or if the party apologized enough for the delay. The reason for the apology is to be made credible at the request of the Landesarbeitsgericht (State Labour Court).(3) New acts of aggression and defence which, in the first legal proceedings, are not brought forward in good time, contrary to § 282 (1) of the Code of Civil Procedure, or which have not been communicated in due time, contrary to Section 282 (2) of the Code of Civil Procedure, are only if, according to the free conviction of the Landesarbeitsgericht, their authorisation would not delay the execution of the dispute or if the party had not failed to make the case in the first legal suit out of 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. Nonofficial table of contents

§ 67a

- unofficial Table of contents

§ 68 Rejection

Due to a defect in the proceedings of the Labour Court, the rejection is inadmissible. Non-official table of contents

§ 69 Judgment

(1) The verdict, together with the facts and reasons for the decision, shall be taken by all the members of the Board. sign. 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. are signed.(2) In the judgment, the presentation of the facts and, in so far as the Court of Appeal follows the reasons of the decision under appeal and determine this in its judgment, may also be waiving the reasons for the decision.(3) If the judgment is subject to the revision, the facts shall contain a repressed representation of the property and the dispute on the basis of the oral presentations of the parties. A reference to the judgment under appeal as well as to statements, minutes and other documents shall be admissible in so far as this does not make the assessment of the party introduction by the Court of Appeal much more difficult by this.(4) § 540 (1) of the Code of Civil Procedure does not apply. 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. Table of contents unofficial

§ 70

(lifted) unofficial Table of Contents

§ 71

(omitted)

Third Subsection
RevisionsProcedure

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§ 72 Principle

(1) The review of the federal labour court against the final part of a local labour court is to be taken into account in the judgment of the Federal Labour Court. Federal Labour Court or in the decision of the Federal Labour Court pursuant to Section 72a (5) sentence 2 of the Federal Labour Court. Section 64 (3a) shall apply accordingly.(2) The revision shall be allowed if
1.
is of fundamental importance to a decision-making legal matter has,
2.
the judgment of a decision of the Federal Constitutional Court, of a decision of the Joint Senate of the Supreme Courts of the Federal Republic, of a Decision of the Federal Labour Court or, as long as a decision of the Federal Labour Court has not been handed down in the legal question, by a decision of another chamber of the same State Labour Court or of another national labour court , and the decision is based on this discrepancy, or
3.
an absolute revision reason pursuant to § 547 No. 1 to 5 of the Code of Civil Procedure or a (
)
Federal Labour Court is bound by the Landesarbeitsgericht (Federal Labour Court) to approve the revision.(4) The revision shall not be admissible against judgments which are decided on the order, amendment or cancellation of an Arrest or an injunction.(5) In the case of proceedings before the Federal Labour Court, the provisions of the Code of Civil Procedure relating to the revision, with the exception of § 566, shall apply in accordance with the provisions of this Act.(6) The provisions of § 49 (1), § § 50, 52 and 53, § 57 para. 2, § 61 para. 2 and § 63 on rejection of court persons, delivery, public, powers of the chairman and the honorary judges, amicable execution of the Legal proceedings and the contents of the judgment and the sending of judgments in collective agreements shall apply accordingly. Non-official table of contents

§ 72a Non-admission complaint

(1) Non-approval of the revision by the State Labour Court can be carried out independently by Appeal is challenged.(2) The appeal shall be lodged with the Federal Labour Court in writing within a period of grace of one month after the date of delivery of the judgment which has been completed in full form. The notice of appeal shall be accompanied by a copy or certified copy of the judgment against which the revision is to be made.(3) The appeal shall be justified within a period of grace of two months from the date of service of the judgment in full form. The justification must include:
1.
The presentation of the fundamental importance of a legal question and its Decision-making survey,
2.
the designation of the decision deviating from the judgment of the State Labour Court, or
3.
the presentation of an absolute revision ground in accordance with § 547 No. 1 to 5 of the Code of Civil Procedure or the violation of the right to be heard and the decision-making sensuality the injury.
(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 Landesarbeitsgericht (State Labour Court) is not 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 deadline 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 complaint by the Federal Labour Court, the judgment becomes final.(6) If the appeal is granted, the appeal proceedings shall 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. The notification of the decision shall begin with the notification of the decision of the revision.(7) If the Landesarbeitsgericht (Landesarbeitsgericht) has infringed the appellant's right to be heard in a decisive manner, the Bundesarbeitsgericht (Bundesarbeitsgericht) may, by way of derogation from paragraph 6, in the decision to grant the appeal, the contested decision. Discontinue the judgment and refer the case back to the State Labour Court for the new trial and decision. Non-official table of contents

§ 72b Immediate appeal due to late discontinuation of the appellate judgment

(1) The final part of a national labour court may be challenged by an immediate appeal if it has not been 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. § 72a does not apply.(2) The immediate appeal shall be filed with the Federal Labour Court within an emergency period of one month and shall be justified. 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 with the expiry of five months after the date of delivery and shall be accompanied by the signatures of all the members of the Chamber of the office has been handed over.(4) The Federal Labour Court shall decide on the immediate appeal without the withdrawal of the honorary judges by a decision which can be taken without oral proceedings. A short justification shall be attached to the decision.(5) If the immediate appeal is admissible and well founded, the judgment of the Landesarbeitsgericht (State Labour Court) must be repealed and the case be referred back to the State Labour Court for the new negotiation and decision. The rejections can be made to another chamber of the State Labour Court. Non-official table of contents

§ 73 Revisionsgrounds

(1) The revision can only be based on the judgment of the Landesarbeitsgericht (Regional Court of Labour) on the Violation of a rule of law. It may not be based on the grounds of Section 72b.(2) § 65 shall apply accordingly. Non-official table of contents

§ 74 Revocation of the revision, appointment determination

(1) The deadline for revising the revision is one month, the deadline for the justification of the revision 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 justification period may be extended once up to a further month.(2) The appointment of the date for oral proceedings must be made 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. Non-official table of contents

§ 75 Judgment

(1) The effectiveness of the delivery of the judgment is not due to the presence of the honorary judges Dependent. If a verdict is announced in the absence of the honorary judges, the judgment is to be signed by all members of the discerning senate.(2) The judgment in addition to the facts and reasons of decision shall be signed by all members of the recognizing senate. Non-official table of contents

§ 76 jump revision

(1) The judgment of a court of work can be immediately taken into consideration by the appellant. If the opponent agrees in writing and if it is approved by the Labour Court on request in the judgment or subsequently by decision, the revision will be reviewed. 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 the application shall be attached.(2) The jump revision shall be permitted only if the case is of fundamental importance and legal disputes concern
1.
between collective bargaining parties from collective agreements, or the existence or non-existence of collective agreements,
2.
about the interpretation of a collective agreement, the scope of which extends beyond the county of the Landesarbeitsgericht, or
3.
between collectively agreed parties or between these and third parties from unauthorised acts, insofar as they are measures for the purpose of the work campaign or questions of the The Federal Labour Court is bound by the admission procedure.
The Federal Labour Court is bound by the admission. The refusal of authorisation shall be indisputable.(3) If the Labour Court disclaims the application for approval of the revision by decision, the notification of this decision shall start anew the course of the period of appeal, provided that the application is filed in the legal form and by the deadline and the date of the application. Declaration of consent was attached. If the Labour Court allows the revision to be made by decision, the date of delivery of that decision shall be the date of the revision period.(4) The revision cannot be based on shortcomings in the procedure.(5) The consideration of the revision and the consent shall be deemed to be waiver of the appeal if the Labour Court has allowed the revision.(6) If the Federal Labour Court rejects the case for any other negotiation and decision, the refoulement may, at its discretion, also be made to that State Labour Court, which would have been responsible for the appeal. 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. Non-official table of contents

§ 77 Revisionscomplaint

Against the decision of the Landesarbeitsgericht, which discards the appeal as inadmissible, finds the legal complaint shall only take place if the State Labour Court has approved them 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 procedure, remedy in case of violation of the right to be heard

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§ 78 complaint procedure

Regarding the appeal against decisions of the working courts or their The chairpersons shall be subject to the rules of the Code of Civil Procedure governing the appeal against decisions of the Local Courts. 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. Non-official table of contents

§ 78a remedy for violation of the right to be heard

(1) On the complaint of the right to be heard by the decision Party shall continue the proceedings if
1.
is an appeal or other appeal against the Decision not given and
2.
the court has infringed the claim of this party on a legal hearing in a decisive manner.
Against one of the The final decision does not take place before the decision.(2) The complaint must be made within a period of two weeks after the hearing of the violation of the hearing; the date of the acquisition of knowledge shall be 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 following the task of the post. The complaint shall be made in writing to the Court of First Instance, whose decision is under attack. The complaint shall indicate the decision taken and shall state the existence of the conditions set out in the first sentence of paragraph 1, point 2.(3) The opponent shall, if necessary, be given the opportunity to comment.(4) The Court of First Instance has to examine, on its own account, whether the complaint is in itself and whether it is 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 justified.(5) Where the complaint is justified, the Court of First Instance shall assist the Court of First Instance by continuing the proceedings to the extent that 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 until the pleadings may be filed.(6) The decisions referred to in paragraphs 4 and 5 shall be taken with the help of the honorary judges. The honorary judges do not work if the complaint is rejected as inadmissible or is directed against a decision that was enacted without the withdrawal of the honorary judges.(7) § 707 of the Code of Civil Procedure must be applied in accordance with the condition that the defendant makes it credible that enforcement would bring him a disadvantage that would not be replaced.(8) The decision-making procedure shall apply to paragraphs 1 to 7.

Fifth sub-section
Resuming the procedure

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§ 79

The rules of the civil procedure governing the resumption of proceedings are applicable to litigation in accordance with § 2 para. 1 to 4. The action for annulment cannot, however, be based on shortcomings in the procedure for the appointment of the honorary judges or on circumstances which rule out the appointment of a honorary judge to his office. name="BJNR012670953BJNG001300303 " />

Second Section
Decision Procedure

First Subsection
First Legal Train

A non-official table of contents

§ 80 Principle

(1) The decision-making procedure is applicable in the cases referred to in § 2a.(2) The decision-making procedure of the first legal suit shall be governed by the provisions governing the proceedings of the first legal suit relating to the ability to process, the representation of the process, the charges, dates and time limits, the rejection and exclusion of judicial staff; Orders, 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 in front of 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 chairman may apply a quality procedure, and the provisions governing the quality procedure governing the judgment of the first legal suit shall apply accordingly.(3) § 48 (1) shall apply. Non-official table of contents

§ 81 Application

(1) The procedure is initiated only upon request; the application is in writing at the Labour Court or at the office of his/her office, to the minutes of the minutes.(2) The application may be withdrawn at any time in the same form. In this case, the proceedings shall be adjusted by the Chairman of the Labour Court. The person concerned shall be informed of such an attitude, insofar as the application has been communicated to them by the Labour Court.(3) An amendment to the application shall be admissible if the other parties to the application 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. Non-official table of contents

§ 82 Local jurisdiction

(1) The labor court in whose district the operation is located is 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 Affairs Committee and the representation of employees on the Supervisory Board, the Labour Court in the district of which the company is located. The second sentence shall be deemed to apply in matters relating to the spokesperson of the General Spokesperson, the Committee of the Management Committee and the Group Spokesperson Committee.(2) In matters relating to a European Works Council, in the context of a procedure for information and consultation or of the special negotiating body, the Labour Court in whose district the undertaking or the ruling undertaking shall be responsible shall be responsible for: has its seat 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 seat of the contracting company shall be decisive.(3) In matters arising from the SE Participation Act, the Labour Court in whose district the European Company has its registered office shall be the competent court in which the European Company shall be responsible for its registration in the district of which the European Company is responsible. Seat should have.(4) In matters under the SCE Participation Act, the Labour Court in whose district the European Cooperative Society is situated is responsible; before being registered, the Labour Court in whose district the European Cooperative State is responsible shall be responsible. is to have its seat.(5) In matters relating to the law on the participation of employees in the case of a cross-border merger, the working court in whose district the company resulting from the cross-border merger shall be responsible shall be responsible for: its registered office; before being registered, the working court shall have jurisdiction in the district of which the company resulting from the cross-border merger shall have its registered office. Non-official table of contents

§ 83 Procedure

(1) The court is investigating the facts in the context of the submitted applications. 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 concerned. 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 have sufficient delay to delay the proceedings. apologized. The parties concerned shall be informed of the consequences of the failure to meet the period laid down in the first sentence.(2) In order to clarify the facts, documents may be consulted, information obtained, witnesses, experts and participants may be heard and the eye appears to be taken.(3) In the procedure, the employer, the employees and the bodies are to be heard, which according to the operating constitutional law, the speaker committee act, the co-determination act, the co-determination supplement act, the third party participation act, the § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 94, 95, 139 of the Ninth Book Social Code, Section 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 law on the participation of workers in the case of a cross-border merger in the individual case.(4) The parties concerned may express their views in writing. If a party is left untrained on cargo, 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) In the case of decisions and orders of the Labour Court or its Chairman, the appeal shall take place in accordance with § 78. Non-official table of contents

§ 83a Comparison, completion of the procedure

(1) The participants can do the whole or part of the procedure, to the minutes of the court or of the chairman or of the goods ichter, to the extent that they may have the object of the comparison, or to declare the procedure for doing so.(2) If the parties have declared the procedure to be completed, it shall be adjusted by the Chairman of the Labour Court. Section 81 (2) sentence 3 shall apply accordingly.(3) If the applicant has declared the procedure to be completed, the other parties concerned shall be required, within a period of at least two weeks to be determined by the chairman, to indicate whether they 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. Non-official table of contents

§ 84 Decision

The court 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. Non-official table of contents

§ 85 Forced enforcement

(1) Unless otherwise indicated in paragraph 2, the final decision shall be taken by final decisions of the Labour courts or court settlements, which impose an obligation on a party to enforce the enforcement of the law. 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, in accordance with the provisions of the Eighth Book of the Code of Civil Procedure, on the understanding that the person responsible for the enforcement of the obligation under the Decision shall be the debtor In the cases of § 23 (3), § 98 (5) and § § 101 and 104 of the Law on the Law of the Works Constitution, it is not possible to establish an order for the creditor's order or compulsory detention.(2) The remission of an inconsary shall be permitted. 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

(omitted)

second subsection
second legal train

unofficial table of contents

§ 87 principle

(1) The complaint against the decisions of the labour courts that end the proceedings is found in the complaint instead of the State Labour Court.(2) The appeal proceedings shall be governed by the rules governing the appeal procedure concerning the filing of the appeal and its reasons, the ability to process, the charges, the dates and the time limits, the refusal and exclusion of the court staff, Deliveries, personal appearance of the parties, public, powers of the chairman and the honorary judges, goods ichter, mediation and out-of-court conflict resolution, preparation of the contested negotiation, trial 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 of the enforcement order. Section 11 (1) to (3) and (5) shall apply mutas 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) sentences 2 and 3 and paragraph 3 shall apply accordingly.(3) In the first instance, the rights to be rejected shall be excluded. New claims which were 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 would not excuse the delay. 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) the execution of the litigation would be delayed and based on the fault of the party.(4) The filing of the appeal shall have suspensive effect; § 85 (1) sentence 2 shall remain unaffected. Non-official table of contents

§ 88 Restriction of Complaint

§ 65 applies to this application. Non-official table of contents

§ 89 Filing

(1) § 11 (4) and (5) shall apply for the filing and the justification of the appeal.(2) The notice of appeal shall refer to the decision against which the appeal is addressed and shall include the statement that the appeal is lodged against this decision. The statement of grounds of appeal must indicate which of the grounds of appeal to be found and on which 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 deemed to be 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 apply.(4) The appeal may be withdrawn at any time in the form prescribed for the lodging of the complaint. 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. Non-official table of contents

§ 90 Procedure

(1) The notice of appeal and the statement of grounds of appeal shall be sent to the parties to submit their observations. The statement shall be made by the filing of a plea in the appeal court or by an explanation of the minutes of the office of the Court of Labour, which adopted the decision under appeal.(2) § § 83 and 83a shall apply mutas to the procedure.(3) No legal remedy shall be taken against decisions and orders of the State Labour Court or its chairman. Non-official table of contents

§ 91 Decision

(1) The State Labour Court decides on the appeal by decision. A rejection is not allowed. The second sentence of paragraph 84 shall apply mutatily.(2) The decision shall, in addition to the reasons, be signed by the members of the Board and shall be notified to the parties concerned. § 69 (1) Sentence 2 applies accordingly.

Third Subsection
Third Party Law

Non-official Table of contents

§ 92 Legal complaints procedure, principle

(1) The appeal to the Federal Labour Court shall be taken against the decision of a national labour court which ends the proceedings if it is in the decision of the Federal Labour Court. Federal Labour Court or in the decision of the Federal Labour Court pursuant to § 92a sentence 2. Section 72 (1), second sentence, (2) and (3) shall apply accordingly. In the cases of Section 85 (2), the legal complaint shall not take place.(2) The appeal proceedings shall be governed by the provisions governing the revision procedure, including the establishment of the revision and its justification, the ability to process, the summons, dates and deadlines, the rejection and exclusion of judicial staff, Deliveries, personal appearance of the parties, the public, powers of the chairman and the co-sitter, amicable execution of the lawsuit, re-establishment of rights and resumption of proceedings, as well as the provisions of the § § § § 85 on the enforcement of the law, insofar as nothing else is obtained from § § 93 to 96. Section 11 (1) to (3) and (5) shall apply mutas 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 shall apply accordingly.(3) The filing of the legal complaint shall have suspensive effect. Section 85 (1) sentence 2 shall remain unaffected. Non-official table of contents

§ 92a Non-admission complaint

The non-admission of the legal complaint by the State Labour Court can be self-employed be challenged by appeal. Section 72a (2) to (7) shall apply accordingly. Non-official table of contents

§ 92b Immediate appeal due to late discontinuation of appeal decision

The decision of a National Labour Court 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 passed. Section 72b (2) to (5) shall apply accordingly. § 92a does not apply. Non-official table of contents

§ 93 Legal grounds

(1) The legal complaint can only be based on the fact that the decision of the National Labour Court is based on the non-application or incorrect application of a legal standard. It may not be based on the grounds of § 92b.(2) § 65 shall apply accordingly. Non-official table of contents

§ 94 Filing

(1) § 11 (4) and (5) shall apply for the filing and the reasons for the appeal.(2) The notice of appeal shall refer to the decision against which the appeal is addressed and shall include the declaration that the appeal against this decision shall be lodged. 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 accordingly.(3) The legal complaint 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. Non-official table of contents

§ 95 Procedure

The notice of appeal and the legal statement of appeal shall be expressed to the parties to the statement. , The statement is 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. Non-official table of contents

§ 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. Non-official table of contents

§ 96a Jump-right complaint

(1) The decision of a working court that ends the proceedings can be bypassed the right to appeal is filed directly (appeal) if the other parties agree in writing and if they are in the working court on the basis of the fundamental importance of the case on request in the the decision shall be terminated or subsequently approved 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 concerned shall be accompanied by the right of appeal, otherwise the application shall be accompanied by the appeal in the event of the end of the proceedings.(2) § 76 (2) sentence 2, 3, (3) to (6) shall apply accordingly.

Fourth subsection
Decision-making in special cases

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§ 97 Decision on the collective bargaining agreement or collective bargaining agreement

(1) In the cases of § 2a (1) no. 4, the procedure shall be applied at the request of a the association of employees or of employers or of the supreme labour authority of the federal government or the supreme labour authority of a country in whose territory the activity of the association extends.(2) In the case of proceedings pursuant to Section 2a (1) point 4, the Landesarbeitsgericht (State Labour Court) in whose district the association, over whose tariff competence or tariff responsibility is to be decided, has its registered office.(2a) § 80 (1), 2 (1) and (3), § 81, 83 (1) and (2) to (4), § § 83a, 84 sentence 1 and 2, § 90 (3), § 91 (2) and § § 92 to 96 are to be applied in accordance with the procedure. Section 11 (4) and (5) shall apply mutas to the representation of the parties concerned.(3) The final decision on the collective wage or tariff responsibility of an association shall be effective for and against any person. The provision of § 63 on the sending of judgments shall apply mutas to the final decisions of courts for work matters in the proceedings pursuant to Section 2a (1) (4).(4) In the cases of Section 2a (1) (4), a resumption of proceedings shall also take place if the decision on the rate of pay or collective bargaining is based on the fact that a party intentionally makes inaccurate statements or statements . § 581 of the Code of Civil Procedure does not apply.(5) If the decision of a dispute 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 the decision procedure has been completed in accordance with Article 2a (1) (4) to suspend. 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. Non-official table of contents

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

(1) In the cases Section 2a, paragraph 1, point 5, the procedure shall be initiated at the request
1.
any natural or Legal person or
2.
a union or an association of employers,
which, after publication of the declaration of general liability or of the The right to be violated or to be infringed in the foreseeable future by means of the declaration of general liability or the legal regulation or its application in its rights.(2) In the case of 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, shall be the competent authority.(3) § 80 (1), 2 (1) and (3), § 81, 83 (1) and (2) to (4), § § 83a, 84 sentence 1 and 2, § 90 (3), § 91 (2) and § § 92 to 96 are to be applied in accordance with the procedure. Section 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 validity of a general liability declaration or a legal regulation acts for and against all persons. 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 full in writing, in full form, or electronically transmitted. To the extent that a declaration of general liability or a legal regulation is legally established as being effective or ineffective, the decision formula shall be made known by the Federal Supreme Labour Office in the Federal Gazette.(5) In the cases referred to in Article 2a (1) (5), the procedure shall be resumed even if the decision on the effectiveness of a general liability declaration or of a regulation is based on the fact that a party has intentionally made inaccurate statements or statements. § 581 of the Code of Civil Procedure does not apply.(6) If the decision of a dispute depends on whether a general liability declaration or a regulation is effective, the court has to suspend the procedure until the decision procedure has been carried out in accordance with Section 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). Non-official table of contents

§ 99 Decision on the collective agreement applicable in operation pursuant to § 4a (2) sentence 2 of the collective agreement law.

(1) In the cases referred to in Article 2a (1) (6) shall be initiated at the request of a party to collective agreements of a colliding collective agreement.(2) § § 80 to 82 (1), first sentence, § § 83 to 84 and 87 to 96a are to be applied 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 German Collective Bargaining Agreement, acts for and against everyone.(4) In the cases of Section 2a (1) (6), a retrial shall be resumed even if the decision on the collective agreement applicable in operation pursuant to Section 4a (2), second sentence of the collective agreement law, is based on the fact that a Participant intentionally made inaccurate statements or statements. § 581 of the Code of Civil Procedure does not apply. unofficial table of contents

§ 100

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§ 100 Decision concerning the filling of the installation site

(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 concerned within two weeks of receipt of the request and shall be notified to the parties concerned at the latest within four weeks of that date.(2) The decision of the Chairman shall be made to the Landesarbeitsgericht (State Labour Court). 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. No appeal will be made against its decisions.

Part
Arbitration contract in work disputes

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§ 101 Principle

(1) For civil disputes between collective bargaining parties from collective agreements, or the existence or non-existence of Collective agreements may exclude the parties to the collective agreement in general or in individual cases by the express agreement that the decision is to be made by an arbitral tribunal.(2) In the case of civil disputes arising out of an employment relationship governed by a collective agreement, the parties to the collective agreement may, by means of the express agreement, exclude the right to work in the collective agreement by virtue of the express agreement that the The decision is to be made by an arbitral tribunal, if the personal scope of the collective agreement consists mainly of stage artists, filmmakers 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. Negotiation of the main thing healed.(3) The provisions of the Code of Civil Procedure relating to the arbitral proceedings shall not apply in the case of work. Non-tampering table of contents

§ 102 Invocation of the process

(1) The working court is called for a lawsuit for which the parties are the collective agreement has concluded an arbitration agreement, the court has to dismiss the action as inadmissible if the defendant is based on the arbitration agreement.(2) The defendant may not rely on the arbitration contract,
1.
if in a case where the The parties to the dispute shall appoint the members of the arbitral tribunal, the plaintiff has complied with this obligation, but the defendant did not make the appointment within one week of the plaintiff's request;
2.
if in a case where 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 is not formed and the time-limit set by the chairman of the Court of Labour to form the arbitral tribunal has been fruitlessly passed by the parties to the arbitration agreement;
3.
if the after the arbitral contract, the arbitral tribunal shall delay the execution of the proceedings and the time limit set by the chairman of the court for the execution of the proceedings has been fruitlessly passed;
4.
if the arbitral tribunal indicates to the parties of the dispute that the award of an award is impossible.
(3) In the cases referred to in paragraph 2 (2) and (2) 3 the time limit shall be determined at the request of the plaintiff by the chairman of the labour court, which would be responsible for the assertion of the claim.(4) If the defendant is unable to rely on the arbitration agreement in accordance with paragraph 2, a arbitral decision of the dispute shall be excluded on the basis of the arbitration agreement. Non-official table of contents

§ 103 Composition of the arbitral tribunal

(1) The arbitral tribunal must be composed of an equal number of employees and of In addition, they may belong to impartiality. Persons who do not have the ability to hold public office clothing as a result of the right to judge may not be members of the public office.(2) Members of the Arbitration Court may be refused under the same conditions that entitle the Court to reject a judge.(3) The Chamber of the Labour Court, which would be responsible for the assertion of the claim, decides on the objection. 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. Non-official table of contents

§ 104 Procedure before the arbitral tribunal

The proceedings before the arbitral tribunal shall be governed by the provisions of § § 105 to 110 and the Arbitration agreement, otherwise in accordance with the discretion of the arbitral tribunal. Non-official table of contents

§ 105 Consultation of the parties

(1) The parties to the dispute are to be heard before the award is due.(2) The hearing shall take place orally. The parties have to appear in person or be represented by an authorized representative provided with written authority. The authentication of the full-power certificate cannot be required. The provision of section 11 (1) to (3) shall apply mutas to the extent to which the arbitration agreement does not determine otherwise.(3) If a party fails to do so in the trial or if it does not express its opinion in spite of a request, the obligation to be heard shall be sufficient. Non-official table of contents

§ 106 Evidence of evidence

(1) The arbitral tribunal may collect evidence to the extent that the evidence is provided to it . Witnesses and experts may not insult the arbitral tribunal, do not require or accept any oath-related insurance.(2) If the arbitral tribunal considers it necessary to raise the evidence which cannot be carried out, it shall request the chairman of the labour court or, if this is more appropriate for reasons of the local situation, the chairman of the labour court or, if so, The district court in whose district the taking of evidence is to take place. Accordingly, proceedings shall be taken if the arbitral tribunal considers the insult of a witness or expert to be appropriate in accordance with Section 58 (2) sentence 1, or if an icy party hearing is deemed to be relevant. 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. Non-official table of contents

§ 107 Comparison

A comparison that is closed before the arbitral tribunal is given with the day of its arrival of to sign the dispute between the parties to the dispute and the members of the arbitral tribunal. Unofficial Table Of Contents

§ 108 Arbitration

(1) The arbitration award shall be subject to a simple majority of the votes of the members of the arbitral tribunal, if the arbitral contract does not determine anything else.(2) The award of the award shall be signed by the members of the arbitral tribunal, stating the day of its due date, and shall be justified in writing, unless the parties expressly waive the written statement of reasons. Any party to the dispute shall be awarded a copy of the award, signed by the chief negotiator. The delivery can be made 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 files 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

§ 109 Forced Enforcement

(1) Forced enforcement shall be taken from the arbitration award or from a before the Court of Arbitration closed only if the arbitral award or the comparison had been declared enforceable by the chairman of the labour court who would be responsible for the assertion of the claim. 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 until such time as this dispute has been completed.(2) The decision of the Chairman shall be final. It shall be sent to the parties. Unofficial table of contents

§ 110 Waiver

(1) The appeal may be revoked for the award of the award,
1.
if the arbitration case was not allowed;
2.
if the award is based on the violation of a legal norm;
3.
if the prerequisites under which the restitution proceedings would be admissible against a court judgment pursuant to § 580 (1) to (6) of the Code of Civil Procedure.
(2) The court of labour is responsible for the action, which would be responsible for the assertion of the claim.(3) The action shall 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 begin 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 take place , after ten years of notification of the award, the action shall be unlawfully unlawfully.(4) If the award of the award is declared enforceable, the judgment in the judgment giving the action shall also be the subject of the annulment of the declaration of enforceability.

Part Five of the
Transition-and Final rules

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§ 111 Change of rules

(1) As far as other legislation is applicable, other Courts, authorities or bodies responsible for decision or settlement of work matters shall be replaced by the Labour Courts. This shall not apply to seamen's offices in so far as they are responsible for the provisional decision of work items.(2) In order to resolve disputes between trainees and apprentices from an existing vocational training relationship, the craft trades can be used in the craft sector, and in other cases the competent authorities within the meaning of the Vocational Training Act. They shall be composed of committees to which employers and employees must belong in the same number. The Committee has to listen to the parties orally. If the plea he has received is not recognised by both parties within a week, a complaint 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. Non-official table of contents

§ 112 Transitional rules

For decision-making procedures in accordance with § 2a, paragraph 1, point 4, which is up to the end of the 15th § 97 shall continue in the version valid on this date until the conclusion of the proceedings by a final decision. Nonofficial table of contents

§ 113

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§ 114

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§ 115

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§ 116

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§ 117 Procedures in the event of disagreements of the administrations involved.

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§ 118

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