Labour Court Law

Original Language Title: Arbeitsgerichtsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/arbgg/BJNR012670953.html

Labour Court law ArbGG Ausfertigung date: 03.09.1953 full quotation: "Labour Court Act as amended by the notice of July 2, 1979 (BGBl. I S. 853, 1036), most recently by article 2 of the law of July 3, 2015 (BGBl. I p. 1130) has been changed" stand: Neugefasst by BEK. v. 2.7.1979 I 853, 1036;
 
As last amended by article 2 G v. 3.7.2015 I 1130 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1981 +++) (+++ requirements due to EinigVtr cf. ArbGG annex EV;)
the requirements are no longer applicable +++) part I General provisions article 1 courts for labour disputes the jurisdiction in labour matters - §§ 2 to 3 - is exercised by - sections 14 through 31 - labour courts, the Landesarbeitsgericht - articles 33 to 39 - and the Federal Labor Court - §§ 40-45 - (courts for labour disputes).

§ 2 responsibility in the decision procedure (1) the courts for labour disputes have exclusive jurisdiction 1 civil disputes between parties of the collective agreement or between them and third parties from collective agreements or the existence or non-existence of collective agreements;
2. civil litigation between tariffähigen parties or between them and third parties from tort, in the case of measures for the purpose of the labour struggle or to questions of freedom of association including the right of the related activity of associations;
3. civil law disputes between workers and employers a) of employment;
(b) about the existence or non-existence of an employment relationship;
(c) from negotiations about the entering into an employment relationship and its aftermath;
(d) from tort, as far as this with the employment relationship in the context are available;
(e) about working papers;
4. civil legal disputes between employees or their survivors and a) employers over claims relating to the employment relationship in legal or immediate economic context;
b) common facilities of the social partners or social institutions of private law claims arising from an employment relationship or claims related to the employment relationship in legal or immediate economic context, if not the exclusive jurisdiction of another court is given;
5. civil law disputes between employees or their survivors, and the institution of insolvency insurance claims to benefits the insolvency protection after the fourth section of the first part of the law to improve the occupational retirement provision;
6 civil legal disputes between employers and institutions referred to in point 4 (b) and paragraph 5, as well as between these bodies, if not the exclusive jurisdiction of another court is given;
7 civil litigation between aid workers and providers of development services under the Peace Corps Act;
8 civil disputes between the institutions of the voluntary social or ecological year or locations and volunteers after the Youth Act willing to;
8A. civil litigation between the federal or the locations of the Federal voluntary service or their carriers and volunteers after the voluntary service act;
9 civil disputes between workers from joint work and from tort, as far as these relate to the employment relationship in the context;
10 civil disputes between disabled persons in the work area of workshops for disabled people and the carriers of the workshops from the workers similar legal relations governed by § 138 of the ninth book of the social code.
(2) the courts for labour disputes are also responsible for civil law disputes between workers and employers, a) who only claims to power a determined or fixed compensation for an employee invention or a technical improvement proposal according to § 20 para 1 of the Act on employees inventions to be the subject;
(b) who have as copyright litigation of employment only claims to power an agreed remuneration to the subject.
(3) before the courts for labour disputes 1 and 2 falling disputes can not be placed also under paragraphs, if entitled with a pending at an employment tribunal or pending at the same time increasing civil disputes of the kind referred to in paragraphs 1 and 2 in legal or immediate economic context and its pursuit is not the exclusive jurisdiction of another court.
(4) on the basis of an agreement, also civil disputes between legal entities of private law and persons who are alone or called to their representation as members of the representative body of the legal person by operation of law, can be brought before the courts for labour disputes.
(5) in litigation under these regulations the decision process takes place.

§ 2a jurisdiction in the decision-making procedure (1) the courts for labour disputes are also solely responsible for 1 matters under the works Constitution Act, as far as measures to its paragraphs 119 to 121 the jurisdiction of another court is not given;
2. Affairs spokesman Committee Act, insofar as measures after its sections 34 to 36 the jurisdiction of another court is not given;
3. matters of the German co-determination Act, the codetermination supplementary Act and the one-third participation Act, to decide on the election of representatives of employees in the Supervisory Board and their removal with the exception of dismissal according to § 103 par. 3 of the Stock Corporation Act is;
3A. matters from the sections 94, 95, 139 of the ninth book of social code, 3B. matters of the law on European works councils, if not for measures after its sections 43 to 45 the jurisdiction of another court is given;
3 c. matters § 51 of the vocational training Act;
3D. Affairs from section 10 of the Federal volunteer service act;
3E. Affairs from the SE participation Act of 22 December 2004 (BGBl. I S. 3675, 3686) with the exception of sections 45 and 46 and to decide on the election of representatives of employees in the supervisory or administrative organ, as well as their dismissal with the exception of dismissal according to § 103 par. 3 of the Stock Corporation Act is only to the extent that after the articles 34 to 39.
3F. Affairs from the SCE participation Act of August 14, 2006 (BGBl. I S. 1911, 1917) with the exception of sections 47 and 48 and paragraphs 34 to 39 is only insofar as to decide on the election of representatives of employees in the supervisory or administrative organ, as well as their dismissal;
3 g. matters from the Act on the participation of employees in a cross-border merger by December 21, 2006 (BGBl. I S. 3332) with the exception of sections 34 and 35 and to decide on the election of representatives of employees in the supervisory or administrative organ, as well as their dismissal with the exception of dismissal according to § 103 par. 3 of the Stock Corporation Act is only to the extent, under the sections 23 to 28.
4. the decision on the collective ability and collective responsibility of Association;
5. the decision on the validity of a declaration of universal application according to § 5 of the collective agreement Act, a legal regulation according to § 7 or § 7a of the workers Arbeitnehmer‑entsendegesetz and a legal regulation according to § 3a of the employees transfer Act;
6. the decision on the collective agreement applicable under Section 4a (2) sentence 2 of the collective agreement law in operation.
(2) in proceedings under these regulations the decision process takes place.

Section 3 jurisdiction in other cases the jurisdiction established in the § 2 and 2a is also in cases where the dispute is led by a successor in title or by a person who is entitled by operation of law in place of the objectively justified or committed for this purpose.

§ 4 exclusion of labour jurisdiction in the cases of § 2 para 1 and 2 in accordance with §§ 101-110 be excluded work jurisdiction after can.

Article 5 term of the employee are (1) workers in the meaning of this law workers and employees, as well as for their vocational training workers. Workers in home work deemed to be workers and the them equal (section 1 of the home work Act of 14 March 1951 - Bundesgesetzbl.) I p. 191-) as well as other persons who are to be regarded due to their economic dependency as employee-like persons. People who are alone or as members of the representative body to represent the legal person or the whole of the person called kraft law, articles of association or partnership agreement are not considered workers in enterprises of a legal person or a person whole.
(2) civil servants are not employees as such.
(3) trade representative only apply as workers within the meaning of this law, six months of the contract, for short-term contract during this, the average if they belong to the Group of persons for which the lower bound of the contractual obligations of the contractor can be set according to section 92a of the commercial code, and if they last month not more than 1,000 euros on the basis of the contractual relationship to remuneration including Commission and obtained compensation for expenses incurred in the regular business operations. The Federal Ministry of labour and Social Affairs and the Ministry of Justice can customize the payment limit specified in sentence 1 the respective wage and price conditions in agreement with the Federal Ministry of Economics and technology by legal Ordinance which shall not require the consent of the Federal Council.

§ 6 the courts for labour disputes are cast of courts for labour disputes (1) with professional judges and staffed with volunteer judges from the circles of workers and employers.
(2) (dropped out) § 6a General Bureau and the business distribution for the courts for labour disputes rules on the rules of the second title of the courts act to in compliance with the following provisions according to: the Presidium by the Chairman are 1 a labour court with less than three judges position or, if ordered two Chairmen are perceived in the agreement of the Chairman. Unite the Chairmen, the Presidium of the regional labour court shall decide or, where such a, the President of this Court.
2. a country labour court with less than three judges position the Presidium by the President are, as far as there is a second head, perceived in consultation with this.
3. the monitor judge determines which judicial tasks it carries out.
4. each honorary judge can belong to multiple casting bodies.
5th the professional judges presiding in the Chambers of labour courts.

§ 7 Office, raising the financing (1) any court for labour disputes is established a secretariat which is occupied with the requisite number of Registrar. The establishment of the Office determined the Federal Ministry of labour and Social Affairs in consultation with the Federal Ministry of Justice in the Federal Labour Court. The establishment of the Office when the labor courts and district labour court determines the Supreme authority of the country.
(2) the country that built them the costs of the labour courts and the National Labor Court. The Federal Government bears the cost of the Federal Labour Court.

§ Are 8 speed of the process (1) In the first instance the labour courts jurisdiction, unless otherwise provided by law.
(2) decisions of labour courts, the appeal to the Labour Court of the country takes place pursuant to § 64 paragraph 1.
(3) against the rulings of the National Labor Court, the revision of the Federal Labour Court takes place in accordance with article 72, paragraph 1.
(4) against the decisions of the labour courts and its Chairman in the decision-making procedure, the appeal to the Labour Court of the country takes place pursuant to the section 87.
(5) against the decisions of the national labour court in the decision-making procedure, the appeal to the Federal Labor Court takes place in accordance with of article 92.

§ 9 General procedural rules and redress for excessively long court proceedings (1) the procedure is to accelerate in all instances.
(2) the Court Constitution law about delivery and enforcement officials, the maintenance of order in the meeting about the language of the courts, the perception of judicial business through legal and consulting and voting shall apply in all instances. Are the provisions of seventeenth title of the judiciary law shall apply mutatis mutandis, that the place of the Oberlandesgericht the Landesarbeitsgericht, in place of the Federal Court the Federal Labor Court and the Labour Court law takes the place of the civil procedure code.
(3) the requirements concerning the perception of the business in the ordinary courts by registrars shall apply in all instances. As registrars, only officials can be ordered, have passed the Registrar's examination or the examination for the higher service at the work jurisdiction.
(4) witnesses and experts get a compensation or remuneration according to the rates and Compensation Act.
(5) all decisions actionable with a temporary appeal contain the instruction on the cross-appeal. If an appeal is not specified, a corresponding notice shall be granted. The deadline for an appeal begins only when the party or the person concerned about the appeal, and the Court in which the appeal to insert is the address of the Court and to observe a time limit and form is been taught in writing. The instruction is under or incorrectly issued, so the appeal is permitted only within one year of notification of the decision, unless the appeal before the end of the year as a result of force majeure was impossible or an instruction is then done, that an appeal was not given; Article 234 para. 1, 2, and section 236, paragraph 2, of the code of civil procedure shall apply mutatis mutandis in the event of force majeure.

§ 10 party ability Parteifähig in the employment procedure are also trade unions and associations of employers and associations of such organisations; in the cases of § 2a para 1 No. 1-3f are also after the works Constitution Act, the spokesman Committee law, the German co-determination Act, the codetermination supplementary Act, the one-third participation Act, the section 139 of the ninth book of the social code, § 51 of the vocational training Act and the regulations issued to these laws as well as according to the law on European works councils, the SE participation Act, the SCE participation Act and persons and organisations involved involved in the Act on the participation of employees in a cross-border merger. Also the participating associations of workers and employers, as well as the Supreme authority of the work of the Federal Government or of those countries on whose scope extends the activities of the Association are party proceedings in the employment procedure in the cases of § 2a para 1 No. 4. The Supreme work authority of the Federal Government or the Supreme labour authority in a country are the party proceedings in the employment process in the cases of § 2a para 1 No. 5 as far as you are transferring rights according to § 5 paragraph 6 of the collective agreement Act.

§ 11 litigation (1) that parties may lead the dispute even before the Labour Court. Parties who file a claim foreign or assigned to them for the purpose of confiscation on behalf money, must be represented by a lawyer acting as agent would be authorized or collect a claim, whose original creditor they are not in accordance with paragraph 2 on the representation of the creditor.
(2) the parties may be represented by a lawyer acting as agent. In addition are acting as agents in the Labour Court authorized representation only 1 employees of the party or a related company (§ 15 of the companies Act); Authorities and legal entities of public law, including the associations formed by them to carry out their public tasks can be represented also by employees of other authorities or legal persons of governed by public law including the associations formed by them to carry out their public tasks 2 adult family members (§ 15 of the tax code, section 11 of the life partnership Act), people with the qualification of judgeship and armed comrades, is the representative in connection with a remunerated activity , 3 independent associations of workers with social or professional political purpose for its members, 4. trade unions and associations of employers and associations of such associations for their members or other associations or associations with similar orientation and whose members, 5 legal persons, whose shares all in the economic ownership one of the organizations referred to in paragraph 4, if the legal person only the legal advice and legal representation in this organization and its members, or other associations or associations with similar orientation and its members According to its statutes performs, and if the organisation of the activity of the agent is liable.
Agents, which are not natural persons Act authorized representatives through their institutions and with legal representation.
(3) the Court rejects agents, which are not entitled to representation in accordance with paragraph 2, by means of an unchallengeable order. Procedural acts of a non-authorized agent and deliveries or notices to these agents are effective up to its rejection. The Court can in paragraph 2 to represent properly sentence 2 No. 1 to 3 designated agent by means of an unchallengeable order prohibiting more representation if they are not in the position, the property and military relationship.
(4) before the Federal Labour Court and the Labour Court must be represented represented by the parties, except in the procedure before a designated or requested judge and in actions, which can be made before the Registrar of the Office. As agents only, you are 2 No. 4 except lawyers in paragraph 2 set and 5 designated organizations approved. They have to act in proceedings before the Federal Labour Court by persons with the qualification of judgeship. A party who is entitled according to the sentence of 2 to represent can represent themselves; Sentence 3 shall remain unaffected.
(5) judges shall not occur acting before the Court as they are. Honorary judges may, except in the cases of paragraph 2 2 No. 1, not occur set before a composition, they are. Paragraph 3 sentences 1 and 2 shall apply mutatis mutandis.
(6) during the proceedings, the parties with advisers can appear. Assistance can be in proceedings in which the parties can cause the dispute itself, as Plenipotentiary to the representation in the proceedings shall be entitled. The Court may allow persons other than assistance, if this is relevant, and according to the circumstances of each is a need for this. Paragraph 3 sentence shall apply 1 and 3 and paragraph 5. The assisted by is put forward by the party, insofar as it is not from this is immediately revoked or corrected.

§ 11a appointment of a lawyer, legal aid (1) the provisions of the code of civil procedure, legal aid and cross-border legal aid within the European Union under Directive 2003/8/EC shall apply in proceedings before the courts for labour disputes.
(2) the Federal Ministry of labour and Social Affairs is authorized, the simplification and standardization of the procedure by decree with the consent of the Federal Council to introduce forms for the Declaration of the Party on their personal and economic circumstances (§ 117 paragraph 2 of the code of civil procedure).

§ 12 the justice administrative law and judicial recovery order shall apply costs, insofar as they do not directly apply. Confiscation of the judicial and administrative costs the law enforcement authorities of the administration of Justice or otherwise by law authorities help Office the courts for labour disputes, insofar as they perform these tasks rather than their own. Enforcement authority is for the claims which arise at the Federal Labor Court, the judicial recovery point of the Federal Labour Court.

§ 12a cost transfer duty (1) judgment procedure at first instance is not entitled of the prevailing party to compensation due to omission of the time and reimbursement of expenses for the approval of a procurator or procurator. Prior to the conclusion of the agreement on the representation, it is pointing to the exclusion of the reimbursement of costs pursuant to sentence 1. Sentence 1 does not apply to costs incurred by the defendant as a result, that the plaintiff has called a Court of ordinary jurisdiction, general administrative jurisdiction, financial or social courts and this referred the dispute to the Labour Court.
(2) if the cost relatively split at the second and third instance judgement according to article 92, paragraph 1, of the code of civil procedure and one party by a lawyer, is the other party by a representative of the association according to article 11, paragraph 2, sentence 2 No. 4 and 5 representing this party with regard to the extrajudicial costs is so to provide, as if it would have been represented by a lawyer. For reimbursement are to only to the extent you, as their costs in some cases are actually adults.

§ 13 legal assistance (1) the labour courts afford the courts for labour disputes legal aid. The official act outside of the seat of a Labour Tribunal is to carry out, the District Court provides legal assistance.
(2) the rules of the courts act on mutual legal assistance and of the introductory act to the Judiciary Act on procedure Cross-messages from Office due to find appropriate application.

The provisions of book 11 of the code of civil procedure on judicial cooperation in the European Union apply § 13a international procedure in proceedings before the courts for labour disputes, unless the law States otherwise.
Part II establishment of courts for labour disputes of first section labour courts § 14 are construction and Organization (1) in the countries labour courts built.
(2) by law are 1 arranged the establishment and repeal of a Labour Tribunal;
2. the transfer of the seat of a court;
3. changes in the delimitation of the judicial districts;
4. the assignment of individual subjects to a Labour Court for the districts of several labour courts;
5. the establishment of Chambers of the Court in other places;
6. the transition of pending proceedings to another court when measures pursuant to paragraphs 1, 3 and 4, if the jurisdiction will not vary according to the existing regulations.
(3) several countries can agree the establishment of a common labour tribunal or joint chambers of a Labour Tribunal or the extension of jurisdictions beyond the borders, also for individual subjects.
(4) the Supreme State authority may order that court days are held outside the seat of the Court. The provincial government can determine by decree that court day outside the seat of the Labour Tribunal will be held. The provincial government can confer the empowerment pursuant to sentence 2 by Decree on the Supreme authority of the country.
(5) in the preparation of legal provisions referred to in paragraph 2 No. 1 to 5 and paragraph 3 are trade unions and associations of employers, the essential for working life in the territory have to listen.

Article 15 management and supervision (1) the transactions of the Affairs and administration leads the Supreme authority of the country. Before the adoption of General measures relating to the management and supervision, as far as they are not purely technical in nature, you are in § 14 para 5 to hear these associations.
(2) the Government may by regulation business of management and supervisory the President of the National Labor Court or the Chairman of the labour court or, if there are several heads, one of them transferred. The provincial government can confer the empowerment pursuant to sentence 1 by Legislative Decree on the Supreme authority of the country.

§ 16 composition (1) the Labour Court consists of the required number of honorary and presiding judges. The honorary judges be taken according to half of the circles of the workers and the employers.
(2) each Chamber of the Labour Court is active in the occupation with a Chairman and an honorary judge from circles of workers and employers.

§ 17 formation of Chambers (1) the Supreme authority of the country determines the number of Chambers after consulting the associations referred to in article 14, paragraph 5.
(2) where there is a need, the State Government can make law regulation of the disputes of certain professions and industry and certain groups of workers trade Chambers. The jurisdiction of a specialised Chamber can be extended by regulation to the districts of other labour courts or parts of them if the extension for a relevant promotion or faster execution of the procedure is appropriate. The regulations on the basis of the sentences 1 and 2 to regulate transition pending proceedings on another court, provided that the arrangements for the relevant registration of procedures are appropriate and the responsibility will not vary according to the existing regulations. § 14 para 5 shall apply accordingly.
(3) the State Government onto the authorization under paragraph 2 by a regulation the Supreme authority of the country.

§ 18 appointment of chairpersons of (1) the Chairman will be top on a proposal from the competent authority of the country ordered after consultation with a Committee in accordance with the national regulations.
(2) the Committee is establishing of the Supreme Land authorities. Representatives of trade unions referred to in article 14, par. 5 and associations of employers, as well as the work jurisdiction must belong to same compared him.
(3) an additional judgeship to a labour court can be transmitted at the same time a Chairperson.
(4) - (6) (dropped out) (7) judges can be used in the labour courts on trial and judge force order.

§ 19 permanent representation
(1) a Labour Court only with a Chairman is occupied, the Bureau of the regional labour court asked a judge of his district with the permanent representation of the Chairman.
(2) the temporary representation by a judge of another court is necessary at an employment tribunal, so the Bureau of the regional labour court asked a judge of his district for two months at the latest with the representation. In urgent cases the President of the Landesarbeitsgericht in place of the Bureau can appoint a temporary representative. The reasons for the taken arrangement are in writing.

For a period of five years called § 20 appointment of honorary judges (1) the honorary judges are of the Supreme Land authorities or by the Authority appointed by the State Government by Decree. The provincial government can confer the empowerment pursuant to sentence 1 by Legislative Decree on the Supreme authority of the country.
(2) the honorary judges are commensurate cheaper considering of minorities from the proposal list to refer to, the competent authority of the unions existing in the country, independent associations of workers with sozial - or by employers, as well as by the section 22 par. 2 No. 3 designated authorities or their employer associations submitted professional political purpose and associations.

Section 21 (1) as are prerequisites for the appointment as an honorary judge volunteer judges to appoint employees and employers, who have reached the age of 25 and are active in the District of the labour court or live.
(2) is excluded from the Office of the honorary judge, who has the ability to the clothing of public office not 1 as a result Richter's controller or to a term of imprisonment of more than six months; been convicted of a deliberate act
2. who is accused for an offence, which can have the loss of capacity to the clothing of public offices resulted;
3. who does not have the right to vote to the German Bundestag.
People who are into financial collapse, should not be appointed as a volunteer judge.
(3) officers and employees of a court for labour disputes may not be appointed as a volunteer judge.
(4) the Office of the honorary judge, who is appointed the honorary judge at a higher instance, ends with the beginning of the term at the higher instance. No one shall be at the same time an honorary judge of the workers and the employers side or be appointed as an honorary judge in more than one court for labour disputes.
(5) the lack of a requirement for the appointment will be known later or a requirement falls later on, is the honorary judge at the request of the competent authority (article 20) or own request by his Office to release. She decides on the request by the Bureau for each financial year in advance certain Chamber of the country's Labour Court. Before deciding, the volunteer judges is to hear. The decision is final. The Chamber competent pursuant to sentence 2 may order that the volunteer judges not to attract is until a decision on the delivery of the Office.
(6) the volunteer judge loses his capacity as an employee or employer due to reaching the age limit, paragraph 5 with the proviso applies that is allowed for the delivery by the Office only at the request of the honorary judge.

Section 22 of volunteer judges from districts of the employer (1) volunteer judges from circles which employers can also be, who employs no workers on a temporary basis or regularly at certain times of the year.
(2) Honorary judges from circles of the employer can also appointed are 1 companies a legal person or a person whole persons who are alone or as members of the representative body to represent the legal person or the whole of the person appointed by law, statute or memorandum of Association;
2. Managing Director, Manager or human resources manager, insofar as they are entitled to the recruitment of employees in the operation of, or persons power of attorney or general power of Attorney is granted;
3. when the Federal Government, the countries, the municipalities, the municipal associations and other bodies, institutions and foundations under public law officials and employees closer arrangement the competent Supreme Federal Government - or State authority;
4. members and employees of associations of employers as well as officers and employees associations of such associations, if these persons statutes or power of Attorney for the representative have the power.

§ 23 of volunteer judges from circles of workers (1) volunteer judges from circles which workers can also be, who is unemployed.
(2) the workers are available for the appointment as a volunteer judge members and employees of unions, by independent associations of workers with social or professional political purpose as well as Board members and employees of associations of trade unions equal, if these persons statutes or power of Attorney for the representative have the power. The same applies to agents, who act as employees of legal persons, their Anteile all is one of the organizations referred to in sentence 1 the economic property, and if the entity carries out only the legal advice and legal representation of the members of the organization according to its articles of Association.

§ 24 reject rejection and resignation of the honorary judges Office (1) that can honorary judge or lay down, 1 who the age has achieved after the sixth book of the social code
2. who is prevented from it for health reasons, to perform the duties properly;
3. who is taken by volunteering for the general public to claim, that the taking of Office can be expected to him
4. who has worked years before as an honorary judge in a court for labour disputes in the ten of the appeal;
5. who is credible, that him important reasons, in particular the care for his family, which impede the exercise of the Office particularly.
(2) the competent authority (article 20) decide permission to the rejection or stoppage. The decision is final.

§ 25 (dropped out) 26 protection of honorary judges (1) § nobody in the acquisition or exercise of the Office as a volunteer judge limited or may due to the acquisition or exercise of the Office are at a disadvantage.
(2) Whoever one other limited in the acquisition or exercise of his duties as an honorary judge or disadvantaged due to the acquisition or exercise of the Office, is punishable by up to one year or punished with fines.

§ 27 ouster of the honorary judges is an honorary judge at the request of the competent authority (section 20) to impeach if he grossly violates his official duty. § 21 par. 5 sentence 2 to 5 shall apply accordingly.

§ 28 fine against volunteer judges who can in advance certain Chamber of the Labour Court at the request of the Chairman of the Labour Court against an honorary judge, who evades the fulfilment of his obligations, especially without sufficient excuse not or not timely for the meetings appears by the Bureau for each financial year a fine set. Prior to the application, the Chairman of the Labour Court has to hear the honorary judge. The decision is final.

Article 29 Committee of honorary judges (1) at every labour court with more than a Chamber is formed a Committee of volunteer judges. It consists of at least three volunteer judges from the circles of workers and employers in equal numbers, elected by the honorary judges from the employee and the employer in separate election circles. The Committee meets under the direction of the monitor or, if one is absent or indisposed, the longest-serving Chairman of the Industrial Tribunal.
(2) the Committee is before the formation of Chambers, before the allocation of business, prior to the distribution of the honorary judges to the Chambers and prior to the installation of the lists through the use of honorary judges to meetings to hear verbally or in writing. He can convey the wishes of honorary judges the President of the Labour Court and the authorities (§ 15) leading the Affairs and administration.

§ 30 occupation the trade chambers the honorary judges of a trade Chamber should be collected from the circles of the workers and the employers, for the trade Chamber is formed. Are for disputes in section 22 par. 2 No. 2 designated employees trade chambers made, so these employees as volunteer judges from districts of the employer may belong to them. Is a specialized Chamber pursuant to § 17 para 2 has jurisdiction, so the honorary judge of this Chamber from the districts of labour courts should be appointed, the trade Chamber is responsible for their districts.

Article 31 attraction of honorary judges
(1) the honorary judges shall be used to the meetings according to the order of a list, that prepares the Chairman before the start of the financial year, or before the beginning of the term of Office of newly appointed an honorary judge in accordance with § 29 par. 2.
(2) for appointing representatives in unforeseen absence a help list can be honorary judges, that live or have offices at the seat of the Court or close.

§ 32 (fallen away) second section Landesarbeitsgericht § 33 establishment and organization in countries be built Landesarbeitsgericht. § 14 para 2 to 5 shall apply accordingly.

Section 34 management and supervision (1) the transactions of the Affairs and administration leads the Supreme authority of the country. § 15 para 1 sentence 2 shall apply accordingly.
(2) the State Government can transfer Ordinance President of the Landesarbeitsgericht transactions of administration and supervision. The provincial government can confer the empowerment pursuant to sentence 1 by Legislative Decree on the Supreme authority of the country.

Section 35 composition, formation of Chambers (1) the Landesarbeitsgericht consists of the President, the required number of another Chairman and honorary judges. The honorary judges be taken according to half of the circles of the workers and the employers.
(2) each Chamber of the Landesarbeitsgericht is active in the occupation with a Chairman and a volunteer judges from the circles of the workers and the employers.
(3) the Supreme authority of the country determines the number of Chambers. Article 17 shall apply mutatis mutandis.

Section 36 Chairman are the President and the other leaders on the proposal of the Supreme Land authorities after hearing ordered trade unions referred to and associations of employers as a judge on lifetime in accordance with the national regulations in § 14 para 5.

§ 37 volunteer judges (1) who must volunteer judges have completed the thirtieth year of life and should have been at least five years-honorary judge of a court for labour disputes.
(2) In addition, you apply for the appointment and status of honorary judges as well as for the dismissal and the official delivery articles 20 to 28, according to.

Section 38 Committee of volunteer judges at each Landesarbeitsgericht is formed a Committee of volunteer judges. The provisions of § 29 par. 1 sentence 2 and 3 and paragraph 2 shall apply mutatis mutandis.

§ 39 use of the honorary judge the honorary judges shall be used to the meetings according to the order of a list, that prepares the Chairman before the start of the financial year, or before the term of Office of newly appointed an honorary judge in accordance with § 38 clause 2. § 31 para 2 shall apply accordingly.
Third section of Federal Labour Court § 40 establishment (1) the Federal Labour Court has its headquarters in Erfurt.
(1a) (dropped out) (2) the transactions of the Affairs and administration leads the Federal Ministry of labour and Social Affairs in consultation with the Federal Ministry of Justice. The Federal Ministry of labour and Social Affairs onto transactions of administration and internal affairs in agreement with the Federal Ministry of justice the President of the Federal Labour Court.

Section 41 composition, Senate (1) the Federal Labour Court consists of the President, the requisite number of presiding judges of judicial professional assessors, as well as honorary judges. The honorary judges be taken according to half of the circles of the workers and the employers.
(2) every Senate is in the cast with a Chairman who engaged two Professional judicial assessors and ever an honorary judge from the circles of the workers and the employers.
(3) the number of the Senate determines the Federal Ministry of labour and Social Affairs in consultation with the Federal Ministry of Justice.

Section 42 for the appointment of federal judges (President, presiding judge and judicial professional assessors according to § 41 para 1 sentence 1), the judge election law regulations apply federal judge (1). Responsible Department in the sense of § 1 para 1 of the judge election law is the Federal Ministry of labour and Social Affairs; It shall decide in consultation with the Federal Ministry of Justice.
(2) the persons to be based must have completed the age of thirty.

Volunteer judges (1) are Honorary judges appointed § 43 of the Federal Ministry for labour and Social Affairs for a period of five years. You are to refer to the proposal list, which have the essential for the working life of the Federal territory, as well as by the section 22 par. 2 No. 3 have been submitted to designated authorities by the trade unions, the independent associations of workers with social or professional political purpose and associations of employers, in the proportion considering of minorities from cheaper.
(2) the honorary judges must have reached the age of thirty, special knowledge and experience in the field of labour law and of working life and should have been at least five years-honorary judge of a court for labour disputes. You should have been long time working in Germany as an employee or as an employer.
(3) for the appeal, position and use the honorary judge, as well as for the dismissal and the official delivery the provisions of sections 21 to 28 and of article 31 are indeed apply mutatis mutandis with the proviso that in § 21 para 5, § 27 clause 2 and section 28, sentence 1 are taken referred to decisions by the Senate of the Federal Labour Court in advance given by the Bureau for each financial year.

Section 44 to hear hearing honorary judges, rules of procedure (1) before are, distributed at the beginning of the fiscal year the local businesses and the Professional judicial assessor and the honorary judges assigned to the individual divisions and the great Senate per the two oldest life honorary judges from the circles of the workers and the employers.
(2) the business is governed by rules of procedure which decides the Presidency. Paragraph 1 shall apply mutatis mutandis.

Article 45 large Senate (1) at the Federal Labour Court made a great Senate.
(2) the great Senate decides if a Senate in a rights issue want to deviate from the decision of other Senate or the great Senate.
(3) a submission to the great Senate is allowed only if the Senate, whose decision to be derogated from, on request of the discerning Senate has stated that he is sticking to his legal opinion. Can the Senate, whose decision to be derogated from, no longer deals due to a change of the business distribution plan with the legal issue be, joins the Senate in its place, which is now responsible for the business distribution scheme for the case where by way of derogation decided. The respective Senate decides on the request and the response by decision in the judgments required cast.
(4) the trial Senate may submit a question of fundamental importance to the great Senate to decide if thats required considers training of law or to ensure a unified case law.
(5) the great Senate consists of the President, ever one professional judge of the Senate, in which the President will not Chair, and three volunteer judges from the circles of workers and employers. An absence of the President is a professional judge of the Senate, which he joined in his place.
(6) the members and representatives are appointed by the Bureau for a year. Chairman of the great Senate leads the President in preventing the longest-serving member. Vote the vote of the Chairman shall be decisive.
(7) the great Senate decides only on the legal question. He can decide without oral proceedings. His decision is binding in the present case for the discerning Senate.
Third part of proceedings before the courts for labour disputes first section first judgment procedure first instance section 46 subsection principle (1) the judgment process takes in the in § 2 para 1 to 4 designated application civil litigation.
(2) the rules of civil procedure on proceedings before the district courts shall apply for the first instance judgment procedure, unless the law States otherwise. Does not apply the rules on the early first date for the hearing and the written preliminary proceedings (articles 275 to 277 of the code of civil procedure), on the simplified procedure (article 495a of the civil procedure code) on the documents and Exchange process (§§ 592-605a of the code of civil procedure), the decision without oral proceedings (section 128 paragraph 2 of the code of civil procedure) and on the transfer of appointments in the period from 1 July to 31 August (§ 227 para 3 sentence 1 of the code of civil procedure). Section 127, paragraph 2, of the code of civil procedure shall apply with the proviso that the immediate complaint with stock protection disputes is allowed regardless of the value.

section 46a Dunning procedure
(1) the rules of civil procedure on the order for payment procedure including machining shall apply for the procedure before the courts for labour disputes, unless the law States otherwise. Section 690 para 3 sentence 2 of the code of civil procedure shall not apply.
(2) the Labour Court that would be responsible for the action brought in the judgment process is responsible for the implementation of the order for payment procedure. The State Governments be empowered to assign a labour courts by legal regulation procedure for the districts of several labour courts. The assignment can be limited to procedure that will be machined. The State Governments can transfer by regulation to the competent Supreme authority of the country the empowerment. Several countries can agree on the work jurisdiction beyond the country's borders.
(3) the period to be no. 3 of the code of civil procedure in the order for payment pursuant to section 692 para 1 is one week.
(4) if timely appealed and sought a party that so is conducting the hearing, the Court that issued the order for payment, the dispute by virtue of the Court that number 1 of the code of civil procedure has been described in the order for payment pursuant to section 692, paragraph 1. The parties require the sale to another as the Court referred to in the order for payment, in accordance the tax there is. The Secretariat has to abandon the applicant without delay, in writing to substantiate his claim within two weeks. On receipt of the claim grounds, the Chairman shall designate the date for the hearing. Enters the justification of the claim in a timely manner, the date only at the request of the defendant is determined to her entrance.
(5) the dispute is considered to become sub judice with delivery of the payment order, if immediately after collection of the opposition date for oral proceedings is determined.
(6) in the case of objection, the Court officio to check for the appeal to be admissible and whether it is inserted in the legal form and deadline. Lacking one of these requirements, so the opposition as inadmissible to discard. The opposition is admissible, the Office has to abandon the applicant without delay, in writing to substantiate his claim within two weeks. After the statement period, the Chairman shall immediately forward to the hearing.
(7) the Federal Ministry of labour and Social Affairs is authorized to regulate the procedure, insofar as this is necessary for a consistent machining of the order for payment procedure (process flow chart) by decree with the consent of the Federal Council.
(8) the Federal Ministry of labour and Social Affairs is empowered to introduce forms by decree with the consent of the Federal Council to simplify the procedure and to the protection of the party claimed. While different forms can be introduced for order for payment proceedings courts which machining procedures, and for order for payment procedure courts, that the process not machining. The Decree may provide for an electronic form; Set 2-4 of the code of civil procedure shall apply accordingly § 130 c.

Article 46 b European order for payment procedure under Regulation (EC) No. 1896/2006 (1) for the European order for payment procedure under Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (OJ EU no. L 399 p. 1) apply the provisions of section 5 of book 11 of the code of civil procedure accordingly, unless the law States otherwise.
(2) the processing of applications for adoption and review, as well as the Declaration of enforceability of a European order for payment under Regulation (EC) no 1896/2006 is responsible for the Labour Court, which would be responsible for the action brought in the judgment procedures.
(3) in the case of article 17 paragraph 1 of Regulation (EC) No. 1896/2006 shall apply according to section 46a (4) and 5. The request to conduct the hearing shall be as by the applicant.

section 46c submission of electronic documents (1) as far as preparatory pleadings and their systems for applications and declarations of the parties, as well as for information, third-party, the written form is provided statements, reports and statements, satisfies this form the recording as an electronic document, if this is suitable for processing by the Court. The verantwortende person is provided with a qualified electronic signature according to the signature law the document. A transmitted electronic document for the Court for processing is not suitable, this is the sender, indicating the current technical conditions must be notified immediately.
(2) the Federal Government and the State governments determine the date from which electronic documents to the courts can be submitted, and the form appropriate for the processing of documents for their area by a regulation. The State Governments can transfer by regulation to the competent Supreme authority of the country the empowerment. The approval of the electronic form can be limited to individual courts or procedure.
(3) a document is filed, if it has been recorded by the establishment of the Court to receive certain.

§ 46 d legal electronic document as far as this law prescribes the handwritten signature of the judge, the Registrar, the Registrar of the Office or the bailiff, is sufficient to this form of recording an electronic document, add their name to the responsible persons at the end of the document and sign the document with a qualified electronic signature.

§ 46e electronic file (1) the court documents can be done electronically. The Federal Government and the State governments determine the date from which electronic records are in progress as well as the applicable for this organizational and technical framework for the education, management, and retention of electronic files for their area by a regulation. The State Governments can transfer by regulation to the competent Supreme authority of the country the empowerment. The approval of the electronic record may be limited to individual courts or procedure.
(2) paper submitted documents and other documents will be transferred to the replacement of the original in an electronic document. The documents are, if they are required in paper form, to be kept at least until the final conclusion of the proceedings.
(3) the electronic document must contain the notice when and by whom the documents in an electronic document have been transferred.

§ 46f forms; Regulation empowering the Ministry of labour and Social Affairs may make electronic forms by decree with the consent of the Federal Council. The Decree may determine that the information contained in the forms wholly or partly in a structured machine-readable form is to submit. The forms are to provide a communication platform to be determined in the regulation on the Internet to use. The decree to determine that identification of the form user by way of derogation by section 46 c paragraph 3 by use of the electronic proof of identity according to § 18 can be the identity card Act or article 78 paragraph 5 of the residence Act.

§ 47 special provisions relating to cargo and entering an appearance *) (1) the summons must be delivered with at least a week in before the deadline.
(2) a request to the defendant, to express, in writing to the complaint is normally not.

Section 48 courts and jurisdiction (1) for the admissibility of the legal process and the nature of the proceedings, as well as for the substantive and territorial jurisdiction shall apply the §§ 17-17b of the Judicature Act with the following conditions: 1. decisions according to Article 17a, paragraph 2 and 3 of the judiciary law on territorial jurisdiction are final.
2. the decision is issued under section 17a, paragraph 4 of the courts act, provided that he has not only territorial jurisdiction for the subject matter, also outside the hearing by the Board.
(1a) for disputes pursuant to section 2 para 1 No. 3, 4a, 7, 8 and 10, and paragraph 2 is also the labour court responsible, in whose district the worker habitually carries out his work or last habitually. It is not an ordinary place of work within the meaning of sentence 1, the Labour Court is jurisdiction, whose district in the employee habitually carries out his work or last habitually.
(2) the social partners can set the collective agreement 1 civil disputes between workers and employers from a work contract and negotiations about the entering into an employment relationship that is defined by a collective agreement, the work jurisdiction itself locally incompetent 2. civil legal disputes arising from the relationship of a joint institution of the social partners to the workers or employers.
In the scope of a collective agreement pursuant to sentence 1 No. 1 apply the collective agreement provisions on the territorial jurisdiction of labour between non-tariff-bound employers and workers if the application of the entire collective agreement between them has been agreed. The restrictions provided for in article 38, paragraph 2 and 3 of the code of civil procedure shall not apply.

§ 48a - article 49 rejection of court people (1) beyond the rejection of Court persons decides the Chamber of the Labour Court.
(2) it is incapable of decision by the departure of rejected Member, shall decide the country's Labour Court.
(3) against the decision, no appeal will be held.

§ 50 delivery (1) the judgments are delivered officio within three weeks since submission to the Secretariat. Section 317 (1) sentence 3 of the code of civil procedure shall not apply.
(2) sections 174, 178 par. 1 No. 2 of the civil procedure code are that pursuant to section 11 on legal representation legal persons according to apply to.
(3) (dropped out) § 51 personal appearance of the parties (1) who can chair the personal appearance of the parties in any position of the dispute place. In addition the provisions of § 141 apply paragraph 2 and 3 of the code of civil procedure.
(2) the Chairman may refuse the authorisation of a representative if the party despite their personal appearance arrangement has not unfounded and thus the purpose of the arrangement is thwarted. § 141 para 3 sentence 2 and 3 of the code of civil procedure finds appropriate application.

Article 52 public negotiations before the discerning Court including the taking of evidence and the announcement of the decision is public. The labour court may exclude the public for the transaction or for a part of the negotiation, if get is a threat to public order, State security, or a threat to morality by the public, or if a party applies for the exclusion of the public because industrial, business or invention mysteries; made to the subject of the proceedings or of the taking of evidence In addition, § is 171b of the Judicature Act apply mutatis mutandis. In the conciliation proceedings, it may exclude the public also for reasons of expediency. § 169 set 2, as well as the paragraphs 173 to 175 of the judiciary law shall apply accordingly.

Article 53 powers of the President and the honorary judge (1) that not on the basis of an oral hearing decisions and orders the Chairman alone shall, as far as nothing else is determined,. The same applies for official acts on the basis of a request for assistance.
(2) In addition, the rules of civil procedure on the a apply to the powers of the President and the honorary judge procedures according to.

§ 54 conciliation proceedings (1) the hearing begins with a hearing to the Chairman for the purpose of amicable agreement between the parties (quality negotiation). The President has to discuss the entire military relationship with the parties under free appreciation of all the circumstances. To the investigation of the facts of the case he may do all acts, which can be done immediately. Formal hearings are excluded. The Chairman can continue in a further meeting, to take place immediately has the quality proceedings with the consent of the parties.
(2) the complaint may be withdrawn up to the characters of claims without the consent of the defendant. Judicial confessions stated in the quality proceedings have only binding effect according to section 288 of the code of civil procedure, if they have been declared to log. Section 39, sentence 1 and section 282 paragraph 3 sentence 1 of the code of civil procedure shall not apply.
(3) the result of the quality proceedings, in particular the conclusion of a settlement, is to record in the minutes.
(4) a party at the quality proceedings does not appear or the goodness of negotiation is unsuccessful, the more negotiating joins directly or it is if hindrances preclude the further proceedings to determine appointment to contested proceedings; This has to take place immediately.
(5) appear or not to negotiate both parties in the negotiation of the goodness, is the rest of the procedure to order. At the request of a party is to contested proceedings to determine. This application can be made only within six months after the trial of goodness. After the deadline, § 269 para 3 to 5 of the code of civil procedure is apply mutatis mutandis.
(6) the Chairman can refer to the parties for the quality negotiation, as well as its continuation before a designated and not decision-makers judge (judge of quality). The quality of judges can use all methods of dispute resolution including mediation.

§ 54a mediation and out-of-court conflict settlement (1) the Court may make the Parties propose a mediation or another procedure of out-of-court dispute resolution.
(2) the parties to carry out a mediation or other process of out-of-court conflict resolution, decide the court orders the rest of the procedure. At the request of a party is appointment to the hearing to determine. In addition the Court takes the procedure again after three months, unless the parties demonstrate consistently that a mediation or a non-judicial dispute resolution is still operated.

Article 55 alone decision by the Chairman (1) outside the contested proceedings alone if the Chairman decides 1. with the withdrawal of the complaint;
2. in the waiver of the claim in question;
3. in acknowledgement of the asserted claim;
4. in the case of default of a party.
4A. through the fault of the opposition against a judgment or a writ as inadmissible;
5. in the case of late payment of both parties;
6. about the interim adjustment of enforcement;
7. about the territorial jurisdiction;
8. on the suspension and order the suspension of the procedure;
9. When is to decide only on the costs.
10. in deciding on a correction of fact structure, as far as not a Party requested a hearing thereon;
11. in the case of section 11 subsection 3 on the refusal of the agent or the prohibition of further representation.
(2) the Chairman can meet in the cases of paragraph 1-10 a decision without oral proceedings Nos. 1, 3, and 4a. This applies with the consent of the parties in the case of paragraph 1 No. 2 (3) determining Chairman also alone, when in the negotiation, which join directly in the quality hearing, a decision be stopped the procedure may be and the parties unanimously request a decision by the Chairman; the application must be in the transcript.
(4) the Chairman may adopt a decision of proof before the contested proceedings, unless he arranges 1 a taking of evidence by the requested court;
2. a written answer to the question of proof according to § 377, paragraph 3 of the code of civil procedure;
3. obtaining official information;
4. a party questioning;
5. obtaining a written expert opinion.
Orders can be carried out number 1 to 3 and 5 before the contested proceedings.

Article 56 preparation of contested proceedings (1) the Chairman has to prepare the contentious negotiations, that it can be carried in a date to end. To this end he, as far as it is relevant should, in particular 1 the parties the addition or explanation of their preparatory pleadings as well as the presentation of documents and others to the stoppage in court give up appropriate objects, in particular, a deadline to explain certain requiring clarification points set.
2. authorities or holder of public office to release documents or to grant official information request;
3. the personal appearance of the parties order;
4. witnesses on which a party has obtained, and invite experts to the hearing, as well as an arrangement meeting according to section 378 of the code of civil procedure.
By these measures, the parties are to notify.
(2) purpose of attack and defence, that only after one after paragraph 1 sentence 2 No. 1 time-limit to be made, are only to allow, if after the free conviction of the Court their approval would not delay the settlement of the dispute, or if the party enough to excuse the delay. The parties are set about the consequences of the failure to meet pursuant to paragraph 1 to teach 2 No. 1 limit.

§ Negotiating before the Chamber (1) is the transaction as possible at a date to finish 57. This is not feasible, particularly because evidence is not immediately occur, is the date for further negotiation, which will soon join, immediately to announce.
(2) the amicable settlement of the dispute should be sought during the whole procedure.

Section 58 taking of evidence (1) insofar as the evidence at the court location is possible, is it before the Board. In other cases, the taking of evidence, without prejudice to article 13, can be transferred to the Chairman.
(2) witnesses and experts are sworn only if the Chamber considers this in terms of the importance of the testimony for the resolution of the dispute necessary. In the case of section 377 subsection 3 of the code of civil procedure, the affidavit is required only if the Board considers it necessary for the same reason.
(3) in particular on the number of members in an employment relationship or the Vertretensein of a Trade Union in a proof can be commenced by the presentation of public documents.

§ 59 judgment against a judgment can a party against which the judgment has been obtained, insert opposition within a period of grace of one week after its delivery. The opposition is filed in writing or by making a statement to the minutes of the Office at the Labour Court. This is the party at the same time with the delivery of the decision in writing to point out. § 345 of the code of civil procedure shall remain unaffected.

Section 60 the judgment (1) to which the judgment a particular date can be only determined when the immediate announcement is not possible due to special reasons in the appointment, on the basis of which it is issued, in particular because the advice can no longer take place on the day of the trial. The announcement date is applied beyond just over three weeks, if important reasons, in particular the extent or the difficulty of the case so require. This applies also in cases where a judgment is issued according to the files.
(2) if the judgment is the essential content of the reasons for the decision to be communicated. This does not apply when both parties are absent; in this case, the reference to the signed ruling formula is sufficient.
(3) the effectiveness of the proclamation is not dependent on the presence of the honorary judge. Ruling formula announced a decision precipitated by the Chamber without approval of the honorary judges, is so previously by the Chairman and the honorary judges to sign.
(4) the judgment in addition to facts and reasons for the decision is to be signed by the Chairman. The judgment not announced in the appointment, in the oral procedure is closed, so it must be drawn up at the announcement in full form. A ruling, which is the date in which the hearing is closed, will be announced before the expiry of three weeks, reckoned from the date of delivery to fully drafted to provide the Secretariat. can this exceptionally not be done, the judgment signed by the Chairman is within this period without sending facts and reasons for the decision of the Office. In this case are to make facts and reasons for the decision immediately afterwards, especially be signed by the Chairman and to provide the Secretariat.

§ 61 contents of judgment (1) the value of the dispute is the Labour Court in the judgment fixed.
(2) the judgment speaks of the obligation to perform of an Act, the defendant at the request of the plaintiff is at the same time in the event that the action within a specified period is made to pay compensation to be determined by the labour court discretion. Enforcement is excluded in this case according to §§ 887 and 888 of the civil procedure code.
(3) over Zwischenurteil ultimate advance the cause of the claim is to look at because of the appeal as a final judgment.

Special process support in dismissal procedures (1) procedure § 61a in legal disputes concerning the existence, non-existence or the termination of an employment relationship are that in accordance with the following rules as a priority to do.
(2) the quality Conference should take place within two weeks after the action was brought.
(3) grade negotiation is unsuccessful or is the procedure not in an immediately subsequent further negotiation is completed, the Chairman urged the defendant to reciprocate the action if the defendant still not or not sufficiently replied to the complaint in writing within a reasonable period, which must be at least two weeks, in particular evidence.
(4) the Chairman may lay to the written opinion on the defence the claimant a reasonable period of time, which is required at least two weeks.
(5) attack and defense, which only submitted after expiry of the deadlines pursuant to paragraph 3 or 4, are only to allow, if after the free conviction of the Court their approval not to delay the settlement of the dispute, or if the party enough to excuse the delay.
(6) the parties are to teach about the consequences of failure to comply with the time limits pursuant to paragraph 3 or 4.

§ 61b due to discrimination (1) a claim for compensation pursuant to § 15 of the General equal treatment Act must lodge a complaint within three months after the claim has been made in writing,.
(2) make multiple candidates due to discrimination against the establishment of an employment relationship or from advancing a compensation according to § 15 of the General equal treatment act judicially claim, so the Labour Court, where the first action is raised, is exclusively responsible for the other charges at the request of the employer. The legal disputes are by virtue of this labour court to refer; the processes must be connected to the simultaneous negotiation and decision.
(3) the hearing before the expiration of six months since bringing the first action held at the request of the employer.

§ 62 foreclosure (1) judgments of the labour courts against the objection or appeal is allowed, is provisionally enforceable. The defendant makes it believable that the execution would bring him a disadvantage not to be replaced, the Labour Court at his request has the provisional enforceability in the judgment to exclude. In the cases of § 707 1 and 719 para 1 of the code of civil procedure, enforcement only under same condition can be set. The setting of the levy of execution pursuant to sentence 3 is without guarantee. The decision was made by means of an unchallengeable order.
(2) in the other, the provisions of the eighth book of the code of civil procedure shall apply to enforcement of the arrest and the preliminary injunction. The decision on the request for a temporary injunction may be in urgent cases, even then, if the application be rejected, without oral proceedings.

§ 63 final judgments are issued by civil litigation between social partners of the collective agreement or of the existence or non-existence of the collective agreement, delivery of judgments in terms of collective agreement are immediately received to send the Supreme Land authorities and the Federal Ministry of labour and Social Affairs in the full form or electronically. The land administration of Justice is the Supreme authority of the country are so to transmit copies of the judgment or the judgment in electronic form of the highest labour authority of the country.
Second subsection appeal article 64 principle (1) decisions of labour courts takes place, as far as the cross-appeal of the instant appeal is not given according to section 78, the appeal to the Labour Court of the country.
(2) the appeal may be lodged only, a) if it has been approved in the judgment of the Labour Court, b) if the value of the subject of the complaint exceeds 600 euros, c) in legal disputes concerning the existence, the non-existence or the termination of an employment relationship or d) in the case of a default judgment, against the opposition is not permitted is, if the appeal or connection appeal is based on , that the case of culpable failure to comply had not been.
(3) the Labour Court has the vocation to admit, if 1 fundamental importance has the case, 2. litigation case concerns a) between social partners in collective agreements or of the existence or non-existence of collective agreements, b) about the interpretation of a collective agreement, whose scope extends over the District of a Labour Tribunal, or c) between tariffähigen parties or between them and third parties from tort , as far as it's measures for the purpose of the labour struggle or to questions of freedom of association including the right of the related activity of associations, or 3 departs the Labour Court in the interpretation of a legislative provision by a ruling presented to it in the procedure that has been rendered for or against one party of the dispute, or by a ruling of the Landesarbeitsgericht parent at the instance and the decision is based on this deviation.
(3a) to record the decision of the Labour Court, whether the appeal is admitted or not admitted in the tenor of the judgment. Is this there have been no, a corresponding addition may be requested within two weeks of the judgment. The Chamber without hearing may decide on the request.
(4) the national labour court is bound by the admission.
(5) the appeal has not been approved, has the appellant to make the value of the subject-matter of the complaint; in lieu of oath he must be not admitted to the insurance.
(6) for the procedure before the Labour Court of the country as far as this act otherwise apply, in accordance with the rules of civil procedure on the appeal. The rules governing the procedure before the single judge shall not apply.
(7) the provisions of § 49 para 1 and 3, § 50, § 51 para 1, §§ 52, 53, 55 paragraph 1 No. 1 to 9, para. 2 and 4, § 54 paragraph 6, § 54a, of sections 56 to 59, 61 para 2 and 3 and of sections 62 and 63 beyond rejection of court people, deliveries, personal appearance of the parties, public, powers of the President and the honorary judge , Grade judges, mediation and out-of-court conflict settlement, preparing the contested proceedings, proceedings before the Board, evidence, judgment, content of the judgment, execution and transmission of judgments in terms of the collective agreement shall apply mutatis mutandis.
(8) appeals in legal disputes concerning the existence, the non-existence or the termination of an employment relationship are to do as a priority.

Section 65 restriction of appeal the Court of appeal does not check whether followed legal action and the nature of the proceedings are allowed, and whether the appeal are undermined the honorary judges procedural problems or circumstances have prevailed, that exclude the appointment of honorary judges to his Office.

§ 66 insertion of the appointment, date determination (1) the time limit for lodging an appeal is one month, the deadline for the establishment of appeal two months. Both time limits commence with the delivery of the judgment in complete form, but no later than at the end of five months after its promulgation. The appeal must be answered within a time limit of one month from notification of the appeal reasons. With the delivery of the grounds of appeal, the appeal defendant on the deadline for the appeal answering is noted. The periods to the grounds of appeal and the appeal answering may be extended once by the Chairman at the request, when his free opinion, the dispute is not delayed by the extension, or if the party sets out significant causes.
(2) the determination of the date for oral proceedings must be made without delay. Section 522, paragraph 1, of the civil procedure code shall remain unaffected; the rejection of the appeal without oral proceedings is issued by decision of the Chairman. Section 522, paragraph 2 and 3 of the code of civil procedure shall not apply.

Section 67 approval new attack and defense remain excluded (1) attack and defense that have rightly been rejected at first instance.
(2) new attack and defense, that this not have been put forward no. 1 or § 61a section 3 or 4 deadline set at first instance contrary to one according to article 56, paragraph 1, sentence 2, are only to allow, if after the free conviction of the Landesarbeitsgericht their admission would not delay the settlement of the dispute, or if the party enough to excuse the delay. The excuse is to make credible at the request of the country's Labour Court.
(3) new attack and defense, which in time brought the code of civil procedure or communicated in a timely manner contrary to section 282 paragraph 2 of the code of civil procedure at first instance contrary to section 282 paragraph 1 are to allow only if their registration after the free conviction of the Landesarbeitsgericht would not delay the settlement of the dispute, or if the party had put forward at first instance not from gross negligence.
(4) if the submissions of new attack and defense to is allowed paragraphs 2 and 3, these are by the appellant in the grounds of appeal, to submit by the defending party in response to the appeal. Are they later put forward, they are only to admit if they have arisen after the grounds of appeal or appeal answering or late submissions free conviction of the country Labor Court would not delay the settlement of the dispute or not based on fault of the party.

§ 67a - § 68 remittal due of a defect in the proceedings of the Labour Court is not permitted the remittal.

§ To sign 69 judgment (1) that is judgment in addition to facts and reasons for the decision of all members of the Chamber. Article 60 par. 1-3 and subsection 4 is set 2 to 4 apply mutatis mutandis with the proviso, that the time limit pursuant to paragraph 4 sentence 3 is four weeks and to sign facts and reasons for the decision of all members of the Chamber are in the case of paragraph 4 sentence 4.
(2) in its judgment may by representation of fact structure and, as far as the Court of appeals follows the grounds of the contested decision and this determines in its judgment, apart from the representation of the reasons for the decision.
(3) the revision shall judgment be permitted the offence to contain a summary representation of fact and case on the basis of the oral presentations of the parties. A reference to the judgment and character sets, protocols and other documents is permitted, as far as this assessment of party submissions is not significantly hampered by the Court of Cassation.
(4) § 540 paragraph 1 of the code of civil procedure shall not apply. section 313a para 1 sentence 2 of the code of civil procedure is mutatis mutandis with the proviso that any reasons for the decision is necessary if the parties have waived them; In addition, the articles 313a and 313 b of the code of civil procedure are correspondingly applicable.

Article 70 (repealed) section 71 (dropped out) third subsection revision procedure § 72 principle (1) against the judgment of a National Labor Court is the revision of the Federal Labor Court instead, if it is approved in the judgment of the labour court or the decision of the Federal Labor Court after section 72a, paragraph 5, sentence 2. § 64 paragraph 3a is apply mutatis mutandis.
(2) that revision is to admit when a decision significant legal issue 1 has fundamental importance, 2. the judgment of a decision of the Constitutional Court, by decision of the Joint Senate of the Supreme courts of the Federal Government, by a decision of the Federal Labor Court or, as long as a decision of the Federal Labor Court in the legal issue has not acted, differs from a decision of another Board of the same district labour court or a higher labor courts in other and based the decision on this deviation or 3. a absolute revision reason in accordance with § 547 No. 1 to 5 the code of civil procedure or a decision significant violation of the right to be heard is made and there is.
(3) the Federal Labour Court is bound by the approval of the revision through the work of the Court.
(4) against the decisions by which the arrangement, amendment or revocation of an arrest or an injunction will be decided, the revision is not allowed.
(5) for the procedure before the Federal Labour Court shall apply, unless the law States otherwise, in accordance with the rules of civil procedure on the revision with the exception of the section 566.
(6) the provisions of § 49 para 1, § 50, 52 and 53, section 57 paragraph 2, § 61 para 2 and § 63 of rejection of court people, delivery, public, powers of the President and the honorary judge, amicable settlement of the dispute, as well as content of the judgment and transmittal of judgments in terms of the collective agreement shall apply mutatis mutandis.

§ 72a rejection appeal (1) the non-admission of the revision by the Landesarbeitsgericht can independently be challenged by appeal.
(2) the appeal is in the Federal Labour Court within a period of grace of one month of notification of the judgment in complete form in writing to insert. A copy or certified copy of the judgment to be attached to the notice of appeal, revision should be made against that.
(3) the complaint is within a period of grace of two months from notification of the judgment in full form to establish. The justification must include: 1 to outline the fundamental importance of a question of law and its relevance, 2. the designation of the decision deviates from the judgment of the Labour Court, or 3. presenting an absolute revision reason according to § 547 No. 1 through 5 of the code of civil procedure or the violation of the right to be heard and the relevance of the injury.
(4) the appeal has suspensive effect. The provisions of section 719, paragraph 2 and 3 of the code of civil procedure are apply mutatis mutandis.
(5) the Labour Court is not empowered to change his decision. The Federal Labor Court decides with the assistance of the honorary judges decision, which can be issued without oral proceedings. The honorary judges not involved when the non-admission complaint as inadmissible is discarded because it is not permitted or inserted not in the statutory form and time limit, and justified. A short rationale should be attached to the decision. A justification may be waived if it would not be suitable to clarify the conditions to contribute, including a revision to allow is, or if the appeal is allowed. With the rejection of the complaint by the Federal Labor Court, the judgment becomes legally binding.
(6) the appeal if allowed, the appeal proceedings as the revision process will be continued. In this case, the form and timely appeal the rejection considered filing the revision. The revision rationale period starts with the notification of the decision.
(7) the Landesarbeitsgericht violated the entitlement of the appellant to be heard in decision way, so the Federal Labour Court can of paragraph 6 in the surrounding place of the appeal decision notwithstanding annul the contested judgment and refer back the case for a new hearing and decision to the Landesarbeitsgericht.

section 72B immediate complaints about delayed dismissal of the appeal ruling (1) the final judgement of a National Labor Court can be challenged by immediate appeal if it has been completely drafted within five months after its promulgation and accidentally passed the Office with the signatures of all members of the Chamber. Article 72a shall not apply.
(2) the immediate appeal is to insert within a period of grace of one month at the Federal Labour Court and justify. The period begins at the end of five months after the judgment of the Labour Court. § 9 section 5 does not apply.
(3) the immediate appeal is filed by filing a notice of appeal. The notice of appeal must contain the name of the contested decision and the statement that appeal against this decision will set. The complaint can be justified just so that the verdict of the country Labor Court with five months after the announcement has been not yet fully drafted and passed the Office provided with the signatures of all members of the Chamber.
(4) the Federal Labor Court without involvement of the honorary judges decides on the immediate appeal decision, which can be issued without oral proceedings. A short rationale should be attached to the decision.
(5) the immediate appeal is admissible and well founded, is to pick up the judgment of the Labour Court and to remit the case for a new hearing and decision on the work of the Court. The remittal can be made to a different Chamber of the Landesarbeitsgericht.

§ 73 audit reasons (1) who can audit are supported only that the judgment of the Labour Court is based on the breach of a rule of law. She may not be based on the reasons of § 72 b.
(2) § 65 finds appropriate application.

§ 74 appeals before the revision date determination (1) the term for submitting the revision is one month, the deadline for the establishment of the revision of two months. Both time limits commence with the delivery of the judgment in complete form, but no later than at the end of five months after its promulgation. The audit rationale period may be extended once up to another month.
(2) the determination of the date for oral proceedings must be made without delay. Section 552, paragraph 1, of the code of civil procedure shall remain unaffected. The warp of the review without oral proceedings is issued by resolution of the Senate and without approval of the volunteer judges.

§ 75 judgment (1) the effectiveness of delivery of judgment is not dependent on the presence of the honorary judge. Announced a verdict in the absence of the honorary judges, the ruling formula is so previously by all members of the discerning Senate to sign.
(2) the judgment in addition to facts and reasons for the decision is be signed by all members of the discerning Senate.

§ 76 jump revision (1) against a decision of a Labour Tribunal can see ignoring the appeal immediately inserted the revision be (jump revision) if the opponent agrees in writing, and if it is approved by the Labour Court on application by the judgment or subsequently by decision. The request is within a period of grace of one month of notification of the judgment in complete form in writing. The consent of the opponent is, if the revision in the decision is approved, the revision type, otherwise attach to the application.
(2) that jump revision is to admit only when the case is of fundamental importance and concerns litigation 1 between social partners from collective agreements or of the existence or non-existence of agreements of collective, 2. the interpretation of a collective agreement, whose scope extends over the District of the Landesarbeitsgericht, or 3. tariffähigen parties or between them and third parties from tort, unless it involves measures for the purpose of the labour struggle or to questions of freedom of association including the right of the related activity of associations is.
The Federal Labor Court is bound by the admission. The refusal of admission is final.
(3) the Labour Court rejected the request for approval the revision by decision, so the running of the period of appeal again, starts with the notification of this decision if the application in the legal form and deadline and was attached to the Declaration of consent. The labour court decision allows the revision of the running of the revision period begins with the notification of this decision.
(4) the revision may not be based on defects of the process.
(5) filing the revision and approval of deemed abandonment of the appeal, if the Labour Court has approved the revision.
(6) the Federal Labour Court refers back the thing to the other negotiating and decision, so the remittal can be discretion also to the Landesarbeitsgericht, that would have been responsible for the appointment. In this case, the same principles apply to the procedure before the Landesarbeitsgericht, as if the dispute on a properly appeal at the Labour Court of the land would become pending. The Labour Court and the Labour Court have the ratio decidendi which is based, to consider also its decision repealing. By filing the revision under paragraph 1, the Office of the clerk of the Federal Labour Court, the Labour Court has to give message immediately.

§ 77 revision appeal against decision of the regional labour court, which takes the appeal as inadmissible discards, the appeal only took place, if the district labour court has approved it in the decision. § 72 para 2 applies for the registration of the appeal. The Federal Labor Court without approval of the honorary judges decides on the appeal. The rules of civil procedure on the appeal shall apply mutatis mutandis.
Fourth subsection appeal proceedings, remedies for infringement of the right to a fair hearing section 78 complaints procedure with respect to the complaint against decisions of labour courts or their Chairmen shall apply governing the appeal against decisions of the district courts rules of civil procedure. § 72 para 2 applies for the registration of the appeal. The instant appeal the country work without involvement of the honorary judge of the appeal court the Federal Labour Court.

§ 78a remedy for breach of the right to be heard (1) on the complaint of the Party complained the decision is the procedure to continue, if 1 an appeal or an another appeal against the decision is not given, and 2. the Court has violated the claim of this party to a fair hearing decision much.
Against a decision prior to the final decision the complaint does not take place.
(2) the complaint is within a period of grace of two weeks after knowledge of the violation of the rights of the defence; the time of obtaining of knowledge is to make credible. After one year of notification of the contested decision, the complaint may be filed. Informally communicated decisions are given with the third day after the post known as task. The complaint is in writing to raise, whose ruling is attacked at the Court. The complaint must identify the contested decision and the existence of the in paragraph 1 sentence 1 No. 2 where the conditions set out.
(3) is the opponent, if necessary, be given the opportunity to comment.
(4) the Court Office to examine whether the complaint is admissible and whether it is raised in the legal form and deadline. Lacking one of these requirements, so is to the complaint as inadmissible. The complaint is unfounded, the Court rejects them. The decision was made by means of an unchallengeable order. The decision to be established shortly.
(5) if the complaint is justified, so the Court helps out her by it continues the procedure, insofar as this is necessary due to the complaint. The procedure is returned in the location where it was before the close of the oral procedure. section 343 of the code of civil procedure shall apply mutatis mutandis. In written proceedings the timing to the pleadings can be filed takes the place of conclusion of the oral proceedings.
(6) decisions are made under paragraphs 4 and 5 with the assistance of the honorary judge. The honorary judges not involved when the complaint as inadmissible is dropped or directed against a decision, issued without involvement of volunteer judges.
(7) section 707 of the civil procedure code is provided to apply, accordingly, that the defendant makes credible that the execution would bring him a disadvantage not to be replaced.
(8) the decision process paragraphs apply to 1 corresponding to 7.
Fifth subsection retrial article 79 the rules of civil procedure on the resumption of the procedure shall apply for disputes according to § 2 para 1 to 4. However, annulment may not be based on defects of the procedure for the appointment of the honorary judge or on circumstances that exclude the appointment of honorary judges to his Office.
Second section of first procedure first instance section 80 subsection principle (1) the decision-making process takes in the section 2a designated application cases.
(2) the key for the first instance judgment procedure process capability, legal representation, charges, schedules and deadlines, rejection and exclusion rules on for the decision-making procedures of the first instance court people, deliveries, personal appearance of the parties, public, powers of the President and the honorary judges, mediation and out-of-court conflict settlement, preparing the contested proceedings, proceedings before the Board, evidence, amicable settlement of proceedings, restitutio in integrum and resumption of the proceedings according to; as far as nothing else results from the paragraphs 81 to 84. The Chairman may fix a conciliation; the decisive for the judgment procedure of at first instance relating to the conciliation proceedings shall apply mutatis mutandis.
(3) article 48, paragraph 1 finds appropriate application.

Article 81 application (1) that will process initiated only upon request; the application must be submitted in writing to the labour court or at his Office, to attach to the transcript of oral.
(2) the request may be withdrawn at any time in the same form. In this case, the procedure by the Chairman of the Labour Court is set. The setting is to give, so far as the application is notified to them by the Labour Court involved knowledge.
(3) an amendment of the application is admissible, if the other parties agree or the Court deems relevant the change. The consent of the parties to the amendment of the application is considered to have been granted if the parties themselves, have admitted without contradicting in the brief or in the hearing on the amended application. The decision, that an amendment of the application does not exist or is allowed, is incontestable.

Article 82 territorial jurisdiction (1) the Labour Court, in whose district the is located is responsible. The Labour Court is responsible in matters of group works Council, of the group works Council, the overall representation of youth or the total youth and apprentice representation, of the Economic Committee and the representation of employees in the Supervisory Board, where the company has its headquarters. Sentence 2 shall apply accordingly in Affairs of the total spokesman Committee, Committee on corporate spokesman and Committee group spokesman.
(2) in matters of a European Works Council, in the context of a procedure for the information and consultation, or of the special negotiating body, the Labour Court is responsible, in whose district the company or the dominant company is established according to § 2 of the law on European works councils. When an agreement according to article 41 paragraph 1 to 7 of the law on European works councils, the seat of the contracting company is decisive.
(3) in matters from the SE participation Act, the Labour Court is responsible in whose district, the European company has its seat; the Labour Court is responsible before its registration, European society should have their headquarters in the district.
(4) in matters under the SCE participation Act the Labour Court is responsible, in whose district the European cooperative society is established; the Labour Court is responsible before its registration, in whose district the European cooperative society should have their headquarters.
(5) in matters under the Act on the participation of employees in a cross-border merger the Labour Court is responsible, in the district, the company resulting from the cross-border merger has its seat; the Labour Court is responsible before its registration, in whose district the company resulting from the cross-border merger shall have their seat.

Section 83 procedure (1) the Court explored the issue in the context of the applications by virtue. The parties to the proceedings have to participate in the investigation of the facts of the case.
(1a) which can leader set a deadline for their submissions stakeholders. After the expiry of a time limit pursuant to sentence 1, submissions can be assigned back if after the free conviction of the Court its approval would delay the completion of the decision-making process and the party insufficient excuse the delay. The parties are to teach about the consequences of failure to comply with the time limit pursuant to sentence 1.
(2) to clarify the facts of the case, documents can be viewed, information obtained, heard witnesses, experts and stakeholders and conquered the inspection.
(3) in the process, the employer, the workers and the offices are to listen to the works Constitution Act, the speakers Committee Act, the co-determination Act, the codetermination supplementary Act, the one-third participation Act, the sections 94, 95, 139 of the ninth book of social code, the section 18a of the vocational training Act and the regulations issued to these laws, as well as according to the law on European works councils, the SE participation Act, the SCE participation Act and the Act on the participation of employees in a cross-border merger in the individual case are involved in.
(4) the parties can comment in writing. A comer on charge remains your out, so is the duty to consult is sufficient; This is noted in the summons. With the consent of the parties, the Court without oral proceedings may decide.
(5) against decisions and orders of the Court or its Chairman, the appeal takes place in accordance with the § 78.

§ 83a comparison, execution of the procedure (1) the parties to the proceedings wholly or partly to do, close a comparison to the transcript of the Court or the Chairman or of the judge of the quality, as far as they can have on the subject of the comparison, or explain the procedure done.
(2) the parties have the procedure done explains, it is so by the Chairman of the industrial tribunal to set. Section 81 subsection 2 sentence 3 shall apply accordingly.
(3) has stated the applicant the procedure done the other interested parties are to ask within a period to be determined by the Chairman of at least two weeks, to know whether they approve the registration. The agreement is considered to have been granted if the person concerned not manifests itself within the period specified by the Chairman.

§ 84 decision the Court decides his free, derived from the overall result of the procedure is convinced. The decision must be in writing. § 60 shall apply accordingly.

§ 85 enforcement (1) unless otherwise stated in paragraph 2, from final decisions of labour courts or judicial comparisons, by an obligation imposed on a party, the enforcement takes place. Decisions of labour courts in financial disputes is provisionally enforceable; § 62 para 1 sentence 2 to 5 shall apply accordingly. The provisions of the eighth book of the code of civil procedure accordingly subject to the proviso that the obligated party after the decision, who may require the fulfilment of commitments on the basis of the decision is considered as debtors, creditors and in the cases of § 23 paragraph 3, article 98 para 5 as well as of articles 101 and 104 of the works Constitution Act a fixing by regulatory or detention is not apply to enforcement.
(2) the adoption of an interim injunction is allowed. The provisions of the eighth book of the code of civil procedure of the interim injunction procedure shall apply mutatis mutandis with the proviso that the rulings by a decision of the Chamber, required deliveries are made by virtue and a claim for damages does not exist according to § 945 of the code of civil procedure in matters of the works Constitution Act.

§ 86 (dropped out) second second instance section 87 subsection principle (1) against the decisions taken be stopped the procedure which takes the labour courts the appeal to the Labour Court of the country instead.
(2) the governing the appeals procedure relating to the filing of the appeal and their reasoning about process capability, cargo, dates and deadlines, rejection and exclusion of persons in court apply for the appeal proceedings deliveries, personal appearance of the parties, public, powers of the President and the honorary judge, grade judges, mediation and out-of-court conflict settlement, preparing the contested proceedings, proceedings before the Board, evidence, amicable settlement of the dispute , Restitutio in integrum and reopening of the case and the provisions of section 85 of the enforcement accordingly. § 11 para 1 to 3 and 5 shall apply accordingly for the representation of the parties involved. The request may be withdrawn at any time with the consent of the other parties; Section 81, paragraph 2, sentence 2 and 3 and paragraph 3 shall apply accordingly.
(3) in first instance rightly rejected submissions closed. New submissions for this para 1a limit not raised before at first instance violates one after section 83, can be rejected if its admission would delay the completion of the decision-making process free conviction of the Landesarbeitsgericht and the person concerned not enough sorry for the delay. As far as new submissions is permitted pursuant to sentence 2, it must present the appellant in the statement of grounds, the respondent in answer to the complaint. It is later made it can be shown back, if the opportunity to present it before the appeal or complaint answer emerged and late submissions free conviction of the country Labor Court would delay the settlement of the dispute and is based on the fault of the person concerned.
(4) the appeal has suspensive effect; § 85 para 1 sentence 2 shall remain unaffected.

§ 88 finds appropriate application restriction of appeal section 65.

§ 89 filing (1) applies the appeal and support the appeal according to § 11 par. 4 and 5.
(2) the notice of appeal must refer to the decision against which the appeal is directed, and contain the Declaration, that the complaint is lodged against this decision. The grounds of appeal must specify on what grounds of appeal to leading in the individual as well as on what new facts supported the complaint.
(3) the complaint in the legal form or deadline is inserted or substantiated, to dismiss it as inadmissible. The decision can be issued without a prior oral hearing by the Chairman; He is unassailable. He shall be notified to the appellant. Section 522, paragraph 2 and 3 of the code of civil procedure is not applicable.
(4) the complaint may be withdrawn at any time in the form prescribed for their filing. In case of withdrawal, the Chairman provides the procedure. He is knowledge the parties thereof, insofar as the complaint has been made to them.

Article 90 procedure (1) that notice of appeal and the statement of grounds the parties to the statement delivered. The utterance is made by filing a pleading in the Court of appeal or by declaration to the minutes of the Court of work, which adopted the contested decision.
(2) for the procedure, the § are to apply section 83 and 83a.
(3) against decisions and orders of the district labour court or its Chairman, held no appeal.

§ Determines the Landesarbeitsgericht 91 decision (1) the complaint by decision. A referral back is not allowed. Section 84, sentence 2 shall apply accordingly.
(2) the decision together with reasons is be signed by the members of the Chamber and to make to the parties. Section 69, paragraph 1, sentence 2 shall apply accordingly.
Third subsection third instance § 92 appeal procedure, principle (1) counterclockwise, the procedure is terminating decision a district labour court the appeal at the Federal Labor Court instead, if left to the decision of the labour court or the decision of the Federal Labor Court pursuant to section 92a set 2. Article 72, paragraph 1, sentence 2, para 2 and 3 shall apply accordingly. In the cases of § 85 para 2 the appeal does not take place.
(2) the governing the revision procedures relating to appeals before the revision and their justification, process capability, cargo, dates and deadlines, rejection and exclusion of court people, deliveries, apply for the appeal procedure personal appearance of the parties, public, powers of the Chairman and the assessor, amicable settlement of the dispute, restitutio in integrum and reopening of the case and the provisions of section 85 of the enforcement according to , as far as nothing else arises from the sections 93 to 96. § 11 para 1 to 3 and 5 shall apply accordingly for the representation of the parties involved. The request may be withdrawn at any time with the consent of the other parties; Section 81, paragraph 2, sentence 2 and 3 shall apply accordingly.
(3) the filing of the appeal has suspensive effect. § 85 para 1 sentence 2 shall remain unaffected.

§ 92a admission appeal the rejection of the appeal by the country's labour court can be challenged by complaint independently. § 72a para 2 to 7 shall apply accordingly.

§ 92 b instant dismissal complaint delayed the appeal decision of a National Labor Court's decision according to § 91 can be challenged by immediate appeal if it has been completely drafted within five months after its promulgation and accidentally passed the Office with the signatures of all members of the Chamber. section 72 shall apply mutatis b para 2 to 5. section 92a does not apply.

§ 93 appeal reasons (1) who can appeal be supported, just, that the decision of the Labour Court is based on the non-application or the incorrect application of a rule of law. She may not be based on the grounds of section 92 b.
(2) § 65 finds appropriate application.

§ 94 appeal (1) applies to the appeal and reasons for the appeal according to § 11 par. 4 and 5.
(2) the right of appeal must refer to the decision against which the appeal is directed, and contain the Declaration, that the appeal will lodged against this decision. The grounds of appeal must indicate to what extent the amendment of the contested decision is sought, which provisions are to be injured and what the injury should be. Section 74, paragraph 2 shall apply accordingly.
(3) the appeal may be withdrawn at any time in the form prescribed for their filing. In case of withdrawal, the Chairman provides the procedure. He gives knowledge the parties thereof, unless the appeal has been made to them.

Section 95 procedure which right of appeal and the right of appeal the parties to the statement delivered. The utterance is made by filing a pleading in the Federal Labour Court or by declaration to the minutes of the Office of the national labour court that adopted the contested decision. From a participant statement arrives in time, so this does not preclude the continuation of the procedure. § 83a shall apply accordingly.

§ Decides the appeal 96 decision (1), the Federal Labor Court, by decision. The paragraphs 562, 563 of the code of civil procedure shall apply mutatis mutandis.
(2) the decision together with reasons is be signed by all members of the Senate and to make to the parties.

§ 96a jump (1) appeal against the decision of a Labour Tribunal be stopped the procedure can be inserted immediately appeal in maltreatment of the Appeals Board (jump appeal), if the other parties agree in writing to, and if it is approved by the Labour Court because of fundamental importance of the case on request in the process terminating decision or subsequently by separate decision. The request is within a period of grace of one month of notification of the decision taken in complete form in writing. The consent of the other parties is when the crack appeal in the process terminating decision is approved, the right of appeal, otherwise attach to the application.
(2) section 76, paragraph 2, sentence 2, 3, paragraph 3 to 6 shall apply accordingly.
Fourth subsection decision-making procedure in special cases § 97 decision on the collective ability or collective responsibility of an organisation
(1) in the cases of § 2a para 1 No. 4, the procedure at the request of a spatially and materially competent organisation of workers or employers or the Supreme Labour Board of the Federation or the Supreme Labour Board of a country on whose territory extends the activities of the Association, is initiated.
(2) proceedings according to § 2a para 1 number 4 the Landesarbeitsgericht is responsible for, in whose district the Association about their collective ability or collective responsibility is to decide, is established.
(2a) for the procedure, article 80, paragraph 1 shall be applied 2 sentence 1 and paragraph 3, § 84 set 1 and 2, article 90, paragraph 3, article 91, paragraph 2, and paragraphs 92 to 96, according to § 81, 83 (1) and 2-4, § 83a,. § 11 paragraph 4 and 5 shall apply accordingly for the representation of the parties involved.
(3) the final decision on the collective ability or collective responsibility of an organisation acts anyone for and against. The provision of § 63 over the transmission of judgments shall apply accordingly for the final decisions of courts for labour disputes in proceedings pursuant to § 2a para 1 No. 4 (4) in the cases of § 2a para 1 No. 4 a retrial occurs even if the decision on the collective ability or collective responsibility based on the fact that a party has made intentionally false information or statements. section 581 of the code of civil procedure shall not apply.
(5) the resolution of a dispute depends on whether an association tariffähig or whether the collective responsibility of the Association is given, the Court has the procedure up to the completion of the decision-making process for exposing § 2a para 1 No. 4. In the case of sentence 1, the parties of the dispute in the decision-making procedures are eligible according to § 2a para 1 No. 4.

Article 98 decision on the validity of a declaration of universal application or a regulation (1) in the cases of § 2a para 1 No. 5 is initiated the procedure on request 1 any natural or legal person, or 2. a trade union or an Association of employers who claims after publication of notice of declaring or the Ordinance, by the declaring or decree or applying their rights violated or to be injured in the foreseeable.
(2) proceedings pursuant to section 2a paragraph 1 No. 5 the Landesarbeitsgericht is responsible for, in whose district the authority is established, which has declared the collective agreement for universal application or issued the Decree.
(3) for the procedure, article 80, paragraph 1 are to apply 2 sentence 1 and paragraph 3, § 84 set 1 and 2, article 90, paragraph 3, article 91, paragraph 2, and paragraphs 92 to 96 according to § 81, 83 (1) and 2-4, § 83a. § 11 paragraph 4 and 5 shall apply accordingly for the representation of the parties involved. In the process, the authority that has declared the collective agreement for universal application or issued the Decree, is involved.
(4) the final decision on the validity of a declaration of universal application or a decree anyone looks for and against. Final decisions by courts for labour disputes in the procedure are according to § 2a para 1 number 5 immediately received to send the Supreme Labour Board of the Federal Government in full form or electronically. As far as a declaration of universal application or a regulation is determined legally as effective or ineffective, the decision formula by the highest labour authority of the Federal Government in the Federal Gazette is known to do.
(5) in the cases of § 2a para 1 No. 5, a retrial occurs also when the decision on the validity of a declaration of universal application or a decree based on the fact that a party has made intentionally false information or statements. section 581 of the code of civil procedure shall not apply.
(6) the resolution of a dispute depends on whether a declaration of universal application or a legal regulation is effective, the Court has the procedure up to the completion of the decision-making process for number 5 to suspend Article 2a, paragraph 1. In the case of sentence 1, the parties of the dispute in the decision-making procedures are eligible according to Article 2a, paragraph 1, point 5.

§ 99 decision on the applicable under Section 4a (2) sentence 2 of the collective agreement law in operation agreement (1) in the cases of § 2a para 1 No. 6 is initiated the proceedings on application by a collective agreement party of a conflicting collective agreement.
(2) for the procedure, the sections 80 to 82 paragraph 1 sentence 1 are appropriately apply the paragraphs 83 to 84 and 87-96a.
(3) the final decision on the collective agreement applicable under Section 4a (2) sentence 2 of the collective agreement law in operation everyone looks for and against.
(4) in the cases of § 2a para 1 No. 6, a retrial occurs also when deciding which according to Section 4a (2) sentence 2 of the collective agreement law in operation applicable collective agreement based on the fact that an actor has made intentionally false information or statements. section 581 of the code of civil procedure shall not apply.

section 100 (dropped out) section 100 decision over the occupation of the conciliation (1) in the cases of § 76 para 2 sentence 2 and 3 of the works Constitution Act decide the Chairman alone. Due to lack jurisdiction of the conciliation, applications can only be rejected if the conciliation is obviously incompetent. They apply to the procedure §§ 80 to 84, according to. The Einlassungs - and appearance time limits amount to 48 hours. A judge may only be ordered to the Chairman of the conciliation, if it is excluded because of the business he is concerned with the review, the interpretation or the application of saying the conciliation. The decision of the Chairman is to be served the parties within two weeks after receipt of the application; He shall be notified to the parties at the latest within four weeks after that date.
(2) against the decisions of the Chairman held the appeal to the Labour Court of the country. The appeal is to insert within a period of two weeks and to justify. § 87 par. 2 and 3, and that relating to the proceeding sections 88 to 90 para 1 and 2, and article 91, paragraph 1 and 2 according to with the proviso that the Chairman takes the place of the Chamber of the country's Labour Court. Against whose decisions no appeal takes place.
Fourth part of arbitration in labor disputes § 101 principle (1) civil disputes between social partners from collective agreements or of the existence or non-existence of collective agreements to the parties of the collective agreement the work jurisdiction exclude General or individual cases through the explicit agreement that the decision should be a Court of arbitration.
(2) for civil litigation from an employment relationship, which is determined by a collective agreement, the parties of the collective agreement can the work jurisdiction in the collective agreement by the express agreement exclude, that the decision by a Court of arbitration to be taken when the personal scope of the collective agreement includes mostly stage performers, filmmakers or artists. The agreement applies only to tariff-bound people. It extends to parties whose Verhältnisse regulate itself for other reasons under the collective agreement, if the parties expressly and in writing agreed. the lack of form is cured by appearing on the arbitration hearing the main proceedings.
(3) the provisions of the code of civil procedure of the arbitration procedure shall not apply in terms of work.

§ 102 objection is that have called Labor Court because of a dispute, for which the parties of the collective bargaining agreement signed an arbitration, so has to reject the Court dismiss the application as inadmissible if the defendant claims on the arbitration plea (1).
(2) the defendant cannot rely on the arbitration, 1 if in a case where the parties to the dispute to appoint themselves the members of the Tribunal have the plaintiffs of this obligation is fulfilled, the defendant has made the appointment but not within one week after the request of the plaintiff;
2. If in a case in which not parties, but the parties of the agreement have to appoint the members of the arbitral tribunal, the arbitral tribunal is not formed and the deadline for the formation of the arbitral tribunal has has elapsed; the parties of the agreement by the President of the Labour Court
3. If formed after the arbitration, the Tribunal delayed the implementation of the procedure and the deadline for the implementation of the procedure fruitlessly; passed him by the Chairman of the Industrial Tribunal
4. If the arbitral tribunal the parties of the contentious legal relationship indicates that the submission of an arbitral ruling is impossible.
(3) in the cases of paragraph 2, points 2 and 3 is the determination of the time limit at the request of the plaintiff by the Chairman of the Labour Court, which would be responsible for the claim.
(4) if the defendant appointed under paragraph 2 not on the arbitration, an arbitration decision of the dispute on the basis of the agreement is excluded.

§ 103 composition of the Arbitration Tribunal
(1) the Tribunal must consist of an equal number of workers and employers; also he can be impartial. People who do not have the ability to the clothing of public offices as a result Richter saying, may not belong to him.
(2) members of the Arbitration Tribunal may be rejected under the same conditions which entitle to the rejection of a judge.
(3) over the rejection decides the Chamber of the Labour Court, which would be responsible for the claim. Before the decision, the parties to the dispute and that rejected is a member of the Arbitration Tribunal are to hear. The Chairman of the industrial tribunal decides whether they are to hear verbally or in writing. The hearing takes place before the Chamber. Held no appeal against the decision.

Proceedings before the arbitration is governed the proceedings before the Court of arbitration by the paragraphs 105 to 110 and the arbitration, in addition free § 104 according to the discretion of the arbitral tribunal.

§ 105 hearing the parties are (1) before of the precipitation of the award to hear the parties in dispute.
(2) the consultation is done orally. The parties have to appear in person or to be represented by a representative with written authorization. Legalization of power of attorney document may not be required. The provision of § 11 para 1 to 3 shall apply mutatis mutandis, as far as the arbitration is not otherwise determined.
(3) a party in the negotiations is your or not they take despite requests, so is the duty to consult is sufficient.

Taking of evidence (1) that arbitration can raise evidence § 106, insofar as the evidence be provided him. Witnesses and experts can not beeidigen the Tribunal, does not require affidavits or accept.
(2) the Tribunal keeps a gathering of evidence necessary, that may not make it, so it asked the Chairman of Labour Court to carrying out or, if this is more appropriate for reasons of the local situation, the District Court in whose district the taking of evidence should be. Accordingly is to proceed, if the arbitral tribunal the swearing of witnesses or experts in accordance with section 58 subsection 2 sentence 1 for necessary or a formal party questioning deemed relevant. The applicable expenses resulting from the legal assistance are to replace the Court; Appropriate apply article 22, paragraph 1, and section 29 of the Act of the court costs.

Section 107 comparison is a settlement before the Court of arbitration to sign, stating the day of his conclusion by the parties to the dispute and the members of the arbitral tribunal.

Section 108 Award (1) the arbitration award is by a simple majority of the votes of the members of the arbitral tribunal if the arbitration otherwise.
(2) the arbitrator is to sign, stating the day of its precipitation by the members of the Tribunal and must be justified in writing if the parties do not expressly waive written justification. A copy of the award signed by the head of negotiation shall be notified to each party to the dispute. Service may be effected by registered letter against acknowledgement of receipt.
(3) a copy of the award signed by the head of the negotiating to be deposited at the Labour Court that would be competent for the assertion of the claim. The files of the Arbitration Court or parts of the files can be deposited there.
(4) the award has the same effects as a final judgment of the Labour Court among the parties.

§ 109 enforcement (1) enforcement from the arbitral award or a comparison concluded before the arbitration only takes place if the arbitration award or the comparison of the Chairman of the Labour Court, which would be responsible for the claim, has been declared to be enforceable. The Chairman has to hear the opponent before the Declaration. Detected that is charged with annulment of the award, the decision is to the settlement of this dispute to suspend.
(2) the decision of the President is final. Shall be notified to the parties.

Section 110 repeal action (1) for annulment of the award can be charged with, 1 if the arbitration procedure was inadmissible;
2. If the arbitration award is based on a violation of a rule of law;
3. If the conditions are met, under which a judicial judgment according to § 580 No. 1 to 6 of the civil procedure code the restitution claim allowed would be.
(2) for the action, the Labour Court is responsible, which would be responsible for the claim.
(3) the action is to rise within a period of grace of two weeks. The period begins in the cases of paragraph 1 Nos. 1 and 2 with the service of the arbitral award. In the case of paragraph 1 No. 3 begin with the legal force of the judgment which pronounces the conviction for the offence, or with the date on which the party is known, the introduction or the procedure can not be carried out; After the expiration of ten years from the service of the arbitral award on is calculated, the complaint inadmissible.
(4) the arbitration award for enforceability is explained, the suspension of the Declaration of enforceability to pronounce shall in the judgment in the place of the action.
Part five transitional and final provisions § 111 amendments of regulations (1) as far as other courts, authorities or bodies for decision or settlement of labour disputes are responsible under other legislation, be replaced by the labour courts. This does not apply for sailor offices, they are responsible to the preliminary decision by labour disputes.
(2) for the resolution of disputes between trainers and trainees out of existing vocational training relationships the craft guilds, can make in the field of handicraft in addition committees the competent authorities within the meaning of the vocational training Act, which must belong to the employers and workers in equal numbers. The Committee has to consult the parties orally. Is the saying of him precipitated is recognized within a week by both parties, an action before the competent labour court may be filed within two weeks after a spell. § 9 paragraph 5 shall apply mutatis mutandis. The proceedings before the Committee must be headed in all cases of complaint. Comparisons that are closed before the Committee, and sayings of the Committee, which are recognized by both sides, the execution will take place. The sections 107 and 109 shall apply mutatis mutandis.

§ 112 transitional arrangements for decision making procedure according to § 2a para 1 number 4, which is valid until the expiry of the 15 August 2014 pending have been made, section 97 in force on this day up to the end of the procedure with a final decision on.

§ 113 (dropped out) section 114 (dropped out) section 115 (dropped out) section 116 (dropped out) § 117 procedures when disagreements of the administrations involved as far as in the cases of sections 40 and 41 the not is agreement, will decide the Federal Government.

section 118 (dropped out) section 119 (dropped out) section 120 (dropped out) § 121 (dropped out) section 121a (dropped out) article 122 (dropped out) Annex 1 (dropped out) Appendix 2 (dropped out)