Law To The Treaty Between The Federal Republic Of Germany And The Swiss Confederation Concerning The Settlement Of Issues, Which Established The Board Of Directors Of In The Federal Republic Of Germany To The Operation Of Border Plants On The Rhine...
Original Language Title: Gesetz zu dem Vertrag zwischen der Bundesrepublik Deutschland und der Schweizerischen Eidgenossenschaft über die Regelung von Fragen, welche die Aufsichtsräte der in der Bundesrepublik Deutschland zum Betrieb von Grenzkraftwerken am Rhein errichtete...
Read the untranslated law here: http://www.gesetze-im-internet.de/aufsratabkcheg/BJNR202629957.html
Law to the Treaty between the Federal Republic of Germany and the Swiss Confederation concerning the settlement of issues, which the Board of Directors of public companies built by border plants on the Rhine in the Federal Republic of Germany to the operating concern AufsRatAbkCHEG Ausfertigung date: 13.05.1957 full quotation: "law to the Treaty between the Federal Republic of Germany and the Swiss Confederation concerning the regulation of questions related to the supervisory boards of public companies built in the Federal Republic of Germany to the operation of border plants on the Rhine in the in the Federal Law Gazette Part III ", Outline number 801-4, adjusted version published, most recently by article 2 section 5 of the Act of March 2, 1974 (BGBl. I p. 469) has been changed" stand: last amended by art. 2 § 5 G v. 2.3.1974 I 469 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1 1.1975 +++) type 1 which in Bonn on 6 December 1955 signed Treaty between the Federal Republic of Germany and the Swiss Confederation concerning the regulation of questions , which relate to the supervisory boards of the companies established in the Federal Republic of Germany to the operation of border plants on the Rhine, is approved. The Treaty will be published below.
Type 2 on the basis of the reservation to article 2 of the Treaty is for companies located within the territorial scope of this Act, whose business is the German-Swiss border power plants on the Rhine, provides as follows: article 1 (1) attend all meetings of the supervisory board two employee representatives, with typically more than 150 workers three employee representatives consulted and without voting rights in companies can participate in company with usually no more than 150 workers. The employee representatives can participate in the meetings of the committees of the Supervisory Board if the Chairman of the Supervisory Board determines otherwise.
(2) the employee representatives are to all sessions in which they can participate referred to in paragraph 1 to invite.
(3) employee representatives are not members of the Supervisory Board.
§ 2 (1) workers representatives are elected in General, direct, secret and same choice for the duration of four years.
(2) eligible to vote are all employees of the company who have completed 18 years of age.
(3) all eligible workers of the company, who have reached the age of 21 are can be selected. A worker and an employee must reside under a company employee representatives.
(4) the councils and workers can make nominations. Each proposal must contain not more names than the double number of representatives to be elected. The nominations of workers must be signed by at least one-tenth of eligible employees of the company.
(5) the appointment of a representative of the workers may be revoked by decision of eligible workers before the election period at the request of the works councils or by at least one-fifth of eligible employees of the company. The decision requires a majority consisting of at least three-fourths of the votes cast. Paragraph 1 shall apply accordingly for the decision-making process.
Employee representatives receive no other remuneration section 3 as an expense allowance to be fixed by the general meeting. Necessary failure of working hours as a result of participation in the sessions does not entitle to reduction of earnings.
§ 4 the employee representatives have confidential data or operating and business secrets, which are known them due to their activity as employee representatives and referred to by the Chairman of the Supervisory Board expressly as secret, even after the termination of their appointment or after their retirement from the company to maintain silence to anyone.
§ 5 (1) who illegally a foreign industrial or business secret revealed, that he is in his capacity as employee representatives become known and been referred by the Chairman of the Supervisory Board expressly for secrecy, is punishable by up to one year or fined punished.
(2) is the culprit for a fee or with the intention of enriching himself or another or to harm another, the penalty is up to two years or a fine of imprisonment. Shall be similarly punished, who fraudulently exploited a secret of the kind referred to in paragraph 1, to whose secrecy is obliged pursuant to paragraph 1.
(3) the Act will be prosecuted only at the request of the company.
§ 6 to control the elections referred to in § 2 and voting shall be adopted by the Federal Government by legal regulation, which requires not the consent of the Federal Council, relating to a) the preparation of the election, in particular the appointment of the Election Committee and the preparation of voter lists, b) the deadline for the consultation of the voter lists and the collection of oppositions, c) the nominations and the deadline for their submission , d) the choice ausschreiben and the deadlines for his announcement, e) voting, f) the determination of the election results and the deadlines for his announcement, g) contesting the election, h) the retention of the offing, i) the revocation of appointment of the employee representatives.
§ 7 (1) the labour courts have exclusive jurisdiction to decide on a) eligibility and eligibility, b) the implementation of the election of the employee representatives and the vote on the revocation of the appointment of a representative of employees, c) appeals against the election of worker representative and appeals against the vote of the revocation of the appointment of a representative of the workers.
(2) the provisions of the Labour Court Act on the decision procedure for cases of the works Constitution Act apply.
Type 3 this Act applies also in the Federal State of Berlin unless the Land Berlin determines the application of this Act. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I P. 1).
Type 4 (1) this law with the exception of article 2 on the day after its promulgation into force. Article 2 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, is to announce in the Federal Law Gazette.
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