Regulation on the determination and coverage of the labour demand in accordance with the Employment Protection Act (ArbSV)

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ArbSV

Date of completion: 30.05.1989

Full quote:

" Regulation on the identification and coverage of the labour demand in accordance with the Labour Protection Act of 30 May 1989 (BGBl. 1071), as last amended by Article 11 of the Law of 19 November 2004 (BGBl I). 2902).

Status:

Last amended by Art. 11 G v. 19.11.2004 I 2902

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 16.6.1989 + + +) Unofficial table of contents

Input formula

On the basis of § 34 of the Employment Protection Act of 9 July 1968 (BGBl. I p. 787), the Federal Government is responsible for: Unofficial table of contents

§ 1 requirement, requirement notification

(1) The competent federal and state authorities recommend in the preparation and implementation of their measures in the field of civil defence, the competent federal authorities also in the field of military defense, the private employers within the scope of the Employment Protection Act (§ 4 of the Act),

1.

to determine the replacement and additional requirements for workers for which, in the case of Article 3 of the Employment Protection Act, measures pursuant to § 2 (2) and (3) of this Act are possible, and to register with the relevant agency for work, insofar as it is required by: intra-company measures cannot be compensated; and

2.

the competent agency for work to indicate subsequent changes in needs.

They shall ensure that the measures referred to in the first sentence are carried out by the public employers in their sphere of competence for their authorities, departments, establishments and bodies. (2) Before the conditions for the (§ 3 of the Act), the competent federal and state authorities should only recommend the determination and registration of the labour force requirements or work towards the requirement setting and notification if the Labour demand after entry of the conditions of § 3 of the The Employment Protection Act is not likely to be identified and notified in good time and therefore jeopardises the coverage of the labour supply needs. Unofficial table of contents

§ 2 Permanent Agency for Work

The Agency shall be responsible for the receipt of the requirement notification and of the changes indicating the employment service or the employment service in the district of which the agency is responsible. Unofficial table of contents

§ 3 Collection of requirements

(1) The competent Agency for Work shall, in particular, identify the needs for the collection of needs.

1.

the name or name and address of the employer and of the position authorised to recruit workers;

2.

the name or name and address of the employment agency provided for;

3.

the number and, where necessary, sex of the employees requested,

4.

the nature of the employment envisaged,

5.

the specific knowledge and skills required for employment,

6.

the essential conditions for the employment relationship,

7.

Place of work presence.

(2) In addition, the Agency shall determine the date of entry and the probable duration of employment (Article 3 of the Act). Unofficial table of contents

§ 4 Demand cover, principle of voluntary nature

The Agency for Work shall take all necessary measures to ensure that the declared and expected future demand for labour can be met after the conditions for ensuring the provision of labour (§ 3 of the Law). Obligations in employment relationships under the Employment Protection Act are to be provided and implemented only to the extent that sufficient volunteers cannot be obtained in sufficient time to meet the needs of the labour force (§ 1 of the German Labour Code). Law). Unofficial table of contents

§ 5 Priority use of non-shipyard

In order to meet the needs of the labour force, if and to the extent that this is possible without drawbacks for the timely and appropriate implementation of the tasks within the scope of the Employment Protection Act (§ 4 of the Act), first of all the To communicate or to oblige persons who do not engage in gainful employment. If there are not enough non-employed persons within the Agency's district for work, it is necessary to try to meet the needs of non-employed workers from districts of neighbouring agencies for work as far as possible. Unofficial table of contents

§ 6 Distribution of labour force

(1) If the labour force needs are not met or cannot be covered in time with persons who do not pursue gainful employment, the active labour force shall be distributed. At the same time, the Agency for Work has to take into account the persons who work outside the scope of the Employment Protection Act (§ 4 of the Law) before taking back to persons who are in the The scope of the Employment Protection Act is concerned. (2) If the employees are to be used for other purposes, employees or employees must be selected as employees whose use is the work and the interests of the employees in question. (3) The Agency for Work shall decide on the distribution of the labour force according to the urgency of the needs. Priority is given to the need for manpower for tasks which

1.

the production and maintenance of the operational capability of the armed forces,

2.

the production and maintenance of the police's operational capability, including the Federal Border Guard,

3.

the production and maintenance of the operational capacity of the civil protection units and bodies; or

4.

the supply of essential goods and services to the civilian population, including their health care

(4) Before its decision on the distribution of the labour force, the Agency for Labour shall consult the Labour Force Committee at the Agency for Labour (§ 8), unless the immediate decision is in the public interest. If the Agency has decided to work without prior consultation of the Labour Force Committee, the Committee shall be immediately informed. Unofficial table of contents

Section 7 Decision of the Agency for Work

(1) The Agency for Work shall decide on the coverage of the declared labour demand if the applicant requests the Agency to work after the conditions for ensuring the provision of work (§ 3 of the Law) are met by the Agency. (2) The Agency for Work shall notify the applicant of its decision under the first sentence of paragraph 1. A negative decision shall be justified in writing. If an objection is made against the decision, the office of the Federal Employment Agency commissioned by the Executive Board of the Federal Employment Agency with the performance of the tasks shall have before the decision on the contradiction of the service of the Federal Employment Agency (Bundesagentur für Arbeit). the existing Labour Force Committee (§ 9). Unofficial table of contents

§ 8 Labour Force Committee at the Agency for Work

(1) A labour force committee shall be formed at each agency for work. (2) The members of the Labour Committee shall each be a personally appointed representative or a personally appointed representative.

1.

the Authority of the general administration at the level of the district in whose territory the Agency has its head office,

2.

the location management in whose area the Agency has its head office,

3.

the employees-and the employers ' group in the Agency's Administrative Committee for Work.

Each member has at least two personally appointed alternates. (3) Paragraph 2, first sentence, No. 1 shall apply to the agencies for work Berlin, Bremen and Hamburg, with the proviso that the Labour Force Committees of these agencies shall apply to: Work as a member of a representative or representative of the country in whose territory the Agency has its head office. (4) The Labour Force Committee shall be convened as required by the Management of the Agency for Work. It must be convened if two members of the Labour Force Committee are required to do so. The meetings of the Committee are led by a member of the Executive Board of the Employment Agency. (5) The Member of the Executive Board of the Employment Agency has to be added to the work of the Labour Committee

1.

representatives of employers or of those authorised to recruit workers who have registered a need or who are to be withdrawn from the labour market pursuant to Article 6 (2) of this Directive;

2.

Representatives of the competent federal and state authorities, the authorities of the general administration at the county level, as well as the municipalities and municipal associations in the district of the Agency for Work, which are not members of the Labour Force Committee with one member shall be represented, and

3.

other representatives of expert bodies,

if and where necessary, or require two members of the Labour Force Committee. The authorities of the general administration at the district level referred to in the first sentence of the first sentence of the first subparagraph shall also be added to the deliberations at the request of the authorities. Unofficial table of contents

§ 9 Labour Force Committees at the bodies responsible for the work of the Executive Board of the Federal Employment Agency

(1) A labour force committee shall be formed in each department responsible for the performance of tasks pursuant to section 7 (2) of the Executive Board of the Federal Employment Agency. (2) The members of the Labour Force Committee shall each be a representative of each of the members of the Labour Force Committee. or a personally appointed representative

1.

of the countries whose territory belongs to the district of the service,

2.

the administration of the conscription area in whose area of responsibility the office is situated;

3.

the employee and the employers ' group in the administrative committee of the service.

Each member shall have at least two personally appointed alternates. (3) The Labour Force Committee shall be convened by the Executive Board of the Federal Employment Agency as required. It must be convened if two members of the Labour Force Committee are required to do so. The meetings of the Committee shall direct the person appointed by the Chairman of the Executive Board of the Federal Employment Agency. (4) Section 8 (5) shall apply accordingly. Unofficial table of contents

Section 10 Further tasks of the Labour Force Committees and the Federal Employment Agency

(1) The Labour Force Committee at the Agency for Work shall, without prejudice to its task in accordance with Article 6 (4), have the Agency for Work in Planning for the Safeguarding of Work Services for the purposes of Defence, including the protection of the To advise civilians. In particular, it has to propose measures to identify and meet the needs of the labour force and to promote cooperation between the Agency for work with authorities, businesses and other bodies involved. (2) The Agency for Work has the The Labour Force Committee on a regular basis

1.

the application of the labour demand,

2.

of its preparatory measures taken before the conditions for ensuring the provision of labour (Article 3 of the Law) for the purpose of meeting the requirements of the labour force; and

3.

The coverage of the labour demand after entry of the conditions for the safeguarding of labour services (§ 3 of the law)

(3) The provisions of paragraphs 1 and 2 shall apply to the Labour Force Committee in accordance with Section 7 (2), with the performance of the tasks assigned to it, and for the assigned service. Unofficial table of contents

§ 11 Compensation and outsourcing

Members of the Labour Force Committees, their alternates and persons who are involved in the deliberations pursuant to Section 8 (5) (3) and (4) in conjunction with Section 8 (5) (3) shall be granted the participation in meetings of the Labour Force Committees. Labour committees

1.

Replacement of the resulting cash expenses, provided that they are not entitled to travel expenses according to the rules of the travel cost law for federal civil servants or according to relevant national legal regulations, and

2.

Compensation for lost earnings or loss of time.

The provisions of the Articles of Association of the Federal Employment Agency shall apply to compensation and outsourcing according to the first sentence of the first sentence of the Federal Agency for the Compensation of Organ Members and the Principles for the refund issued by the Management Board. of the cash outlays to the members of the institutions of the Federal Employment Agency, in which the Labour Force Committees at the Agencies for Work shall correspond to the Administrative Committees of the Employment Agencies and the Labour Force Committees at the , the management committees responsible for the management of the Services. Unofficial table of contents

§ 12 Entry into force

This Regulation shall enter into force on the day after the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.