Law on the Treaty between the Federal Republic of Germany and the Swiss Confederation on the settlement of matters relating to the supervisory boards of those established in the Federal Republic of Germany for the operation of border power plants on the Rhine Stock companies concern

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Date of completion: 13.05.1957

Full quote:

" Act concerning the Treaty between the Federal Republic of Germany and the Swiss Confederation on the settlement of questions raised by the Supervisory Boards of those established in the Federal Republic of Germany for the operation of border power plants on the Rhine Stock companies concern in the revised version published in the Bundesgesetzblatt part III, outline number 801-4, the latest by Article 2 § 5 of the Law of 2 March 1974 (BGBl. I p. 469).

Status:

Last amended by Art. 2 § 5 G v. 2.3.1974 I 469

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text validity from: 1. 1.1975 + + +)

Species 1

The contract signed in Bonn on 6 December 1955 between the Federal Republic of Germany and the Swiss Confederation on the settlement of questions relating to the supervisory boards of those in the Federal Republic of Germany concerning the operation of Joint stock companies established on the Rhine border power plants are agreed. The contract shall be published below.

Type 2

On the basis of the reservation provided for in Article 2 of the Treaty, the following shall be determined for public limited-liability companies located within the scope of this Act, the subject matter of which is the operation of the German-Swiss border power plants on the Rhine: Unofficial table of contents

§ 1

(1) At all meetings of the Supervisory Board, in undertakings with as a rule no more than 150 employees, two employee representatives, in undertakings with more than 150 employees, may advise three workers ' representatives, and without Vote right. Employees 'representatives may participate in meetings of the Supervisory Board's committees if the chairman of the Supervisory Board does not determine otherwise. (2) The employees' representatives shall be at all meetings in which they participate in accordance with paragraph 1. (3) The employee representatives are not members of the Supervisory Board. Unofficial table of contents

§ 2

(1) The employees ' representatives shall be elected in general, secret, equal and direct elections for a period of four years. (2) All employees of the company shall be entitled to vote, which shall be the 18. (3) All eligible employees of the company are eligible to be eligible for the 21. Have completed their life year. A worker and an employee must be among the employee representatives of a company. (4) The works councils and the employees can make election proposals. Each election proposal shall not contain more than twice the number of representatives to be elected. The employee's nominations must be signed by at least one-tenth of the company's eligible employees. (5) The appointment of an employee representative may be made before the end of the election period at the request of the works councils or of at least one fifth of the eligible employees of the undertaking shall be revoked by the decision of the workers entitled to vote. The decision shall require a majority which shall comprise at least three quarters of the votes cast. Paragraph 1 shall apply mutas to the decision-making procedure. Unofficial table of contents

§ 3

The employees ' representatives do not receive any remuneration other than compensation to be determined by the general meeting. The necessary failure of working time as a result of participation in the meetings does not entice the worker to reduce the amount of the work. Unofficial table of contents

§ 4

The representatives of the employees shall have confidential information or business secrets, which have become known to them for their duties as employee representatives and which are expressly referred to by the chairman of the supervisory board as secret. , even after the termination of their order or after their departure from the undertaking, they have not been silent towards any person. Unofficial table of contents

§ 5

(1) Anyone who discloses a foreign trade or business secret which has become known to him in his capacity as employee representative and which has been expressly designated by the chairman of the supervisory board as being in need of secrecy shall be provided with: Imprisonment of up to one year or a fine. (2) If the offender is against payment or in order to enrich himself or another person or to harm another person, the sentence shall be punishable by imprisonment for up to two years, or Fine. Likewise, it shall be punished who shall be responsible for a secret of the kind referred to in paragraph 1, the secrecy of which he is obliged to keep under paragraph 1. (3) The act shall only be pursued at the request of the company. Unofficial table of contents

§ 6

In order to regulate the elections and votes referred to in § 2, the Federal Government shall adopt legislation which does not require the approval of the Federal Council, by means of a regulation on the

a)

the preparation of the election, in particular the appointment of the electoral board and the list of voter lists,

b)

the time limit for inspection of the voter lists and the collection of objections;

c)

the election proposals and the deadline for their submission,

d)

the letter of election and the time limits for its publication,

e)

the vote,

f)

the determination of the results of the vote and the time limits for its publication,

g)

the challenge of choice,

h)

the storage of the electoral markets;

i)

the revocation of the appointment of the employee representatives.

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§ 7

(1) The working courts shall be solely responsible for the decision on:

a)

the right to vote and to eligibility,

b)

the conduct of the election of the representatives of the employees and of the vote on the withdrawal of the appointment of an employee representative;

c)

the dispute over the election of employee representatives and the dispute over the revocation of the appointment of an employee representative.

(2) The provisions of the Labour Court Act concerning the decision-making procedure for the cases of the German Works Constitution Act shall apply.

Art 3

This law shall also apply in the Land of Berlin, provided that the Land Berlin determines the application of this law. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1).

Species 4

(1) This Act shall enter into force, with the exception of Article 2, on the day following its announcement. Article 2 shall enter into force on the date of entry into force of the Treaty. (2) The date on which the Treaty enters into force in accordance with its Article 4 shall be published in the Federal Law Gazly.