Regulation On The Identification And Coverage Of The Labour Demand According To The Work Safety Law

Original Language Title: Verordnung über die Feststellung und Deckung des Arbeitskräftebedarfs nach dem Arbeitssicherstellungsgesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/arbsv/BJNR010710989.html

Regulation on the identification and coverage of the labour demand according to the work safety Act (ArbSV) ArbSV Ausfertigung date: 30.05.1989 full quotation: "regulation on the identification and coverage of the labour demand according to the work safety law by May 30, 1989 (BGBl. I S. 1071), most recently by article 11 of the law of 19 November 2004 (BGBl. I S. 2902) has been changed" stand: last amended by article 11 G v. BMBF I 2902 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 16.6.1989 +++) input formula on the basis of § 34 of the work safety act of July 9, 1968 (Federal Law Gazette I p. 787) ordered the Federal Government: § 1 needs assessment, required registration (1) the technically competent federal and land authorities recommend private employers within the scope of the work safety law (§ 4 of the Act) in the preparation and implementation of measures in the field of civil defense, the technically competent federal authorities in the field of military defense, , 1 replacement and additional demand for workers, for which in the case of section 3 of the Employment Security Act measures referred to in paragraph 2 are possible Nos. 2 and 3 of this Act, to determine and to display subsequent changes of the demand to the competent agency for work to login as far as through internal measures can not be compensated, and 2. the competent agency for work.
You would like to work towards that the measures referred to in sentence 1 public employers their competence for their authorities, departments, companies and institutions will be carried out.
(2) prior to the introduction of the requirements to ensure the provision of services (section 3 of the Act), the technically competent federal and land authorities should only recommend the establishment and registration of the labour demand or work on the identification of need for and registration, if the demand after the occurrence of the conditions of section 3 of the employment guarantee Act can be expected to not or not timely detected and logged in and therefore the coverage of the labour demand is put at risk.

§ 2 responsible agency of work for the acceptance of the registration of need for and the ad of change in is responsible the employment agency, in whose district the employment agency or employment business is located.

§ 3 acquisition of requirements (1) the competent employment agency has when collecting the needs in particular to determine 1 name or designation and address of the employer and of the authority entitled to the adjustment of workers, 2. name or designation and address of intended employment position, 3. number and, where appropriate, gender of requested workers, 4. kind of intended employment, 5 the special knowledge required for employment and skills , 6 conditions essential for employment, 7 place of commencement of work.
(2) the conditions for the guarantee of work performed ahead of (section 3 of the Act), the employment agency to determine the date of commencement of work and the expected duration of employment also has.

Section 4 requirement, principle of voluntary agency work meets all necessary measures, so that the pending and expected more demand for labour can be met after the occurrence of the conditions to ensure the provision of services (section 3 of the Act). Obligations in labour relations according to the work safety law are to be provided only to the extent and making, as for the worker needs not or not timely enough volunteers can be obtained (§ 1 of the law).

§ 5 economically are primary attraction for the needs of the labour force, if and insofar as this is possible without disadvantages for the timely and proper execution of tasks in the scope of the work safety law (§ 4 of the Act), to convey the persons first or to commit, which exert no gainful employment. Are not enough inactive available within the District of the employment agency, to try to meet the demand as far as possible with non-active labor from districts of neighboring agencies for work.

Distribution of the labour force (1) the demand can't § 6 or covered in a timely manner with people who will, exert no gainful employment, shall distribute the employed workforce. It has the Agency to take into account the persons who exercise an activity outside the scope of the work safety law (§ 4 of the Act), before she draws on persons who are employed in the scope of the work safety law. Section 5, sentence 2 shall apply accordingly.
(2) must workers be used to otherwise use from establishments or services, workers are so as to select, which attracting the least affected the work process and the interests of the workers in these establishments or services.
(3) the Agency will decide the distribution of the labour force according to the urgency of the needs for work. Priority is 2. manufacturing and maintaining the operational capability of the police including the BGS, 3. manufacturing and maintaining the operational readiness of units and facilities serve civil protection or 4. supplying civilians with essential supplies and services including their health care, labor tasks, the 1st manufacturing and maintaining the operational capability of the armed forces.
(4) the employment agency has to hear the Labor Committee in the Agency (section 8) before taking a decision on the distribution of the labour force, unless the immediate decision is in the public interest. The Agency decided to work without prior consultation with the Labor Committee, the Committee is so to inform without delay.

§ 7 decision of the Agency for work (1) the agency work will decide on the registered labour force needs, when the reporter calls on the Agency for work after the occurrence of the conditions to ensure the provision of services (section 3 of the Act), to meet the demand.
(2) the Agency has the reporter to announce his decision pursuant to paragraph 1 sentence 1. A decision has to be justified. Objection is raised against the decision, as has the services responsible for the performance of duties by the Board of Directors of the federal employment agency, the Federal Agency for work before the decision on the opposition to hear the Labour Committee (§ 9) with her.

8 Labour Committee to the Agency for work (1) in every employment agency a Labour Committee is formed section.
(2) members of the Labor Committee are personally named representatives or a person named representative 1 of the authority of General Administration at the district level in their area, the employment agency is headquartered, 2. the site management area in which the Agency established, 3. the workers and the employers group in the Management Committee of the employment agency.
Each Member has at least two personally named representative or representatives.
(3) paragraph 2 sentence 1 No. 1 shall apply to the agencies for work Berlin, Bremen and Hamburg with the proviso that a representative or a representative of the country belongs to the worker committees of these agencies for work as a member, in whose territory the employment agency is headquartered.
(4) the Labour Committee shall be convened by the Board of management of the employment agency as needed. It must be convened if two worker Committee members ask for it. A member of the Executive Board of the employment agency chairs the meetings of the Committee.
(5) the Member of the Management Board of the employment agency has to the deliberations of the Labour Committee be consulted 1 representative of the employer or of bodies entitled to the adjustment of workers who have signed a demand or workers should be revoked pursuant to section 6 para 2 2 representatives of professionally competent federal and land authorities, the authorities of the General Administration on the district level as well as the municipalities and associations of municipalities in the District of the employment agency , which are represented in the workforce Committee with one Member, and 3 other representative of expert bodies, if and insofar as this is necessary or ask two members of the Labor Committee. The authorities of the General Administration at the district level to set are 1 No. 2 to the deliberations also at their request be consulted.

9 labour committees appointed by the Board of Directors of the federal employment agency offices (1) each Department by the Board of Directors of the Federal agency charged with carrying out the tasks pursuant to § 7 para 2 a Labour Committee is formed section.
(2) members of the Labor Committee are personally named representative or a personally named representative from 1 of the countries, their area to the District of the station include, 2nd military district administration, under whose jurisdiction the service body is established, 3. the workers and the employers group in the Management Committee of the Department.
Each Member has at least two personally named representative or representatives.
(3) the Labour Committee is convened by the Board of Directors of the federal employment agency as needed. It must be convened if two worker Committee members ask for it. The person appointed by the Chairman of the Board of the federal employment agency chairs the meetings of the Committee.
(4) article 8, paragraph 5 shall apply mutatis mutandis.

§ 10 other tasks of the worker committees and the Federal Agency for work (1) the Labour Committee of the employment agency has to advise the Agency in planning to ensure work performed for purposes of Defense including the protection of civilians according to section 6 para 4 without prejudice to his task. He has to propose in particular measures to identify and meet the labour needs and with authorities, companies and other stakeholders to promote the cooperation of the employment agency.
(2) the Agency has the manpower Committee regularly on the level 1 registration of labour demand to teach 2. its preparatory measures taken prior to the introduction of the requirements for ensuring work benefits (section 3 of the Act) for the needs of the labour force and 3rd labour needs after the occurrence of the conditions to ensure the provision of services (section 3 of the Act).
(3) paragraphs 1 and 2 shall apply mutatis mutandis for the Labour Committee of the Department appointed pursuant to section 7 para 2 with the performance of the duties and for the contracted services.

§ 11 compensation and reimbursement of expenses the members of labour committees, their Deputy and who according to § 8 para 5 No. 3 are brought to the discussions no. 3 and § 9 para 4 in conjunction with article 8, par. 5, get with participation in the workforce committees 1 replacement of them applicable incurred, provided that they are not entitled to reimbursement of travel costs according to the law of travel expenses for federal civil servants or by corresponding national provisions applicable , and 2 compensation for loss of earnings or loss of time.
The statutes of the Federal agency rules for compensation and reimbursement of expenses pursuant to sentence 1 for work on the compensation and reimbursement of expenses for Board members and the principles adopted by the Board of Directors for the reimbursement of applicable expenses to the members of the organs of the federal employment agency. While the worker committees at the employment agencies comply with the management committees of the employment agencies and the labor committees in the commissioned services the management committees of the contracted services.

Article 12 entry into force this regulation enters into force on the day after the announcement.

Concluding formula the Federal Council has approved.