Works Constitution Act

Original Language Title: Betriebsverfassungsgesetz

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Operating Constitutional Law

Non-official table of contents

BetrVG

Date of issue: 15.01.1972

Full quote:

" Works Constitution Act in the version of the Notice of 25. September 2001 (BGBl. 2518), as last amended by Article 3 (4) of the Law of 20 June 2003. April 2013 (BGBl. I p. 868) "

:Recaught by Bek. v. 25.9.2001 I 2518;
last modified by Art. 3 para. 4 G v. 20.4.2013 I 868

For details, see the Notes
§ 21a idF d menu for details. Art. 1 No. 51 G v. 23.7.2001 I 1852 serves the implementation of Article 6 of Council Directive 2001 /23/EC of 12 June 2001. March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfers of undertakings, businesses or parts of businesses (OJ L 327, 31.12.2001, EC No L 82 p. 16). § 75 idF d. Art. 1 No. 51 G v. 23.7.2001 I 1852 partly serves the implementation of Council Directive 2000 /78/EC of 27 June 2001. November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 327, 28.12.2000, p. EC No 16).

footnote

(+ + + text-proof from: 1.1.1975 + + +)
(+ + + measures due to EinigVtr cf. BetrVG Appendix EV;
no longer apply gem. Art. 109, No. 3, Buchst. a
DBuchst. hh G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)
(+ + + Official notes of the norm provider on EC law:
Implementation of the
EGRL 23/2001 (CELEX Nr: 301L0023)
EGRL 78/2000 (CELEX Nr: 300L0078) see G v. 23.7.2001 I 1852 + + +)

unofficial table of contents

content overview

First partGeneral rules§ § 1 to 6
Second partWorks Council, Operating Assembly, General Works Council and Group Works Council§ § 7 to 59a
First sectionComposition and selection of works council§ § 7 bis 20
Second sectionworks council term of office§ § 21 to 25
Third section Management of the Works Council§ § 26 to 41
Fourth SectionOperating Assembly§ § 42 to 46
Fifth SectionTotal Works Council§ § 47 to 53
Sixth SectionGroup Works Council § § 54 to 59a
Third partYouth and trainee representation§ § 60 to 73b
 First sectionOperating youth and trainee representation§ § 60 to 71
Second sectionTotal youth and youth Image representation§ § 72 to 73
Third sectionGroup youth and trainee representation§ § 73a to 73b
fourth partworker participation and participation§ § 74 to 113
first SectionGeneral§ § 74 to 80
Second sectionworker's right to participate in and appeal§ § 81 bis 86a
Third SectionSocial Affairs§ § 87 to 89
Fourth Section Design of workplace, work flow and work environment§ § 90 to 91
Fifth sectionPersonal affairs§ § § § § § § § § § § § § § § § § § § § § § § § 92 to 105
First subsectionGeneral personnel matters§ § 92 to 95
Second SubsectionVocational Training§ § 96 to 98
Third SubsectionPersonal individual measures§ § 99 bis 105
Sixth SectionEconomic Affairs§ § 106 to 113
First Subsection Information in Economic Affairs§ § 106 to 110
Second SubsectionOperating Changes§ § 111 bis 113
Fifth PartSpecific rules for individual modes of operation§ § 114 to 118
First sectionMaritime§ § 114 to 116
Second sectionAviation§ 117
Third sectionTendence businesses and religious communities§ 118
Sixth Part Strait and Penal Money rules§ § 119 to 121
Seventh partChange of laws§ § 122 up to 124
Eighth PartTransitional and final rules§ § 125 to 132

First Part
General Rules

Non-Official Table of Contents

§ 1 Establishment of Works councils

(1) Works councils are elected in establishments with, as a rule, at least five permanent permanent employees, of which three are eligible. This also applies to joint operations of several companies.(2) A joint operation of several companies is suspected if
1.
is used to track work-related The purpose of the operation is to jointly use the equipment and the employees of the undertakings, or
2.
the division of a company has the consequence that the company is responsible for the The operation of one or more operating parts is assigned to a different company involved in the division, without the organization of the operation concerned changing significantly.
Non-official table of contents

§ 2 Position of trade unions and employers ' associations

(1) Employers and works councils work in accordance with the applicable collective agreements together with the trade unions and employers ' associations represented on the holding, for the benefit of the employees and the holding.(2) In order to carry out the tasks and powers of the trade unions represented in the operation, the agents of the trade unions represented in the holding shall be granted access to the holding after informing the employer or his representative, in so far as they do not are contrary to the essential requirements of the operating procedure, mandatory safety regulations or the protection of trade secrets.(3) The tasks of the trade unions and the employers ' associations, in particular the exercise of the interests of their members, shall not be affected by this law. Non-official table of contents

§ 3 Deviating regulations

(1) By collective agreement, you can determine:
1.
for companies with multiple enterprises
a)
the creation of an enterprise-level works council, or
b)
the summary of holdings,
if this facilitates the formation of works councils or a proper perception of the interests of employees
2.
for companies and groups, insofar as they are organized by product or project-related business units (divisions) and the management of the division also serves Decisions taken in matters subject to participation, the formation of works councils in the divisions (SpartenWorks Councils), if this serves the proper performance of the tasks of the works council;
3.
other employee representation structures, as far as this is due in particular due to the company, company or group organization or due to other forms of cooperation of (a) an effective and appropriate representation of workers ' interests;
4.
additional company constitutional bodies (working groups), which shall: the cross-company cooperation of employee representatives;
5.
additional company constitutional representations of the employees, which are the Cooperation between the works council and employees.
(2) In the cases referred to in paragraph 1 (1), (2), (4) or (5), there is no collective agreement and no other collective agreement is applicable, the scheme may be concluded by operating agreement. shall be taken.(3) If, in the case referred to in paragraph 1 (1) (a), there is no collective agreement and there is no works council in the undertaking, the employees may, by majority of votes, decide to elect a single company's works council. The vote may be taken by at least three persons entitled to vote in the undertaking or by a trade union represented in the undertaking.(4) Unless the collective agreement or the operating agreement determines otherwise, the rules referred to in paragraph 1 (1) (1) to (3) shall be applied for the first time at the next regular works council election, unless there is no works council or it is not other reasons require re-election of the works council. Where the collective agreement or the operating agreement provides for a different date of election, the term of office of existing works councils, which shall be replaced by the provisions of paragraph 1 (1) (1) to (3), shall end with the announcement of the result of the election.(5) The Organizational Units of Organizational Structures formed pursuant to a collective agreement or an operating agreement referred to in paragraph 1 (1) to (3) shall be deemed to be establishments within the meaning of this Act. The provisions on the rights and obligations of the works council and the legal status of its members shall apply to the employees ' representatives formed in them. Non-official table of contents

§ 4 Operating parts, micro-enterprises

(1) Operating parts are considered to be independent enterprises if they satisfy the requirements of § § 4. 1 para. 1 sentence 1 and
1.
remote from the main operation, or
2.
by role and organization are independent.
The employees of an operating part, in which no own works council exists, can be formless with a majority of votes Decide to participate in the election of the works council in the main holding; § 3 para. 3 sentence 2 shall apply accordingly. The vote may also be taken by the works council of the main establishment. The decision shall be notified to the works council of the main establishment no later than 10 weeks before the end of its term of office. Sentences 2 to 4 shall apply mutas to the revocation of the decision.(2) Companies that do not meet the requirements of § 1 (1) sentence 1 shall be assigned to the main establishment. Non-official table of contents

§ 5 Employees

(1) Workers (employees) in the sense of this law are workers and Employed persons, including those employed for their vocational training, whether they are employed, in the field of external service or by teleworking. Workers employed in homework are also considered to be employees who work in the main cause of the operation. The employees are also civil servants (civil servants), soldiers (soldiers) and public service employees, including those employed for their vocational training, who are organised in companies under private law. Companies are active.(2) A worker within the meaning of this Act shall not apply to
1.
in establishments of a legal person who shall: Members of the institution that is called to represent the legal entity;
2.
the members of an open trading company or the members any other person as a whole, insofar as they are appointed by the law, the statutes or the social contract to represent the whole person or to the management, in their establishments;
3.
People whose employment does not primarily serve their acquisition, but is primarily determined by motivations of a charitable or religious nature;
4.
People whose employment does not primarily serve their acquisition and who mainly deals with their healing, re-accutation, moral improvement or education
5.
the spouse, the life partner, relative and the first degree of marriage, who live in a domestic community with the employer.
(3) This law shall not apply to managerial staff, unless expressly stated otherwise in the case. A senior employee is who, according to the employment contract and the company's position in the company or in operation,
1.
Self-employed recruitment and dismissal of workers employed in the company or in the operations department is entitled or
2.
General authority or prokura has and the Prokura is also not insignificant in relation to the employer, or
3.
regularly performs other tasks relating to the stock and development of the the undertaking or an establishment is of importance and the fulfilment of which requires particular experience and knowledge if, in so doing, it either makes the decisions essentially free of instructions or has a significant influence on it; this may also be be given in particular by virtue of legislation, plans or guidelines and in cooperation with other senior executives.
For the officials and soldiers referred to in the third sentence of paragraph 1, the sentences 1 and 2 shall apply. accordingly.(4) In case of doubt, the leading employee referred to in paragraph 3 (3) shall be who
1.
on the occasion of the last election of the Works councils, the spokesperson's committee or members of the supervisory board of the employees or by a final court decision has been assigned to the executive employees or
2.
a management level where mainly senior executives are represented in the company, or
3.
a regular annual work fee that is common for senior executives in the company, or,
4.
if you still have doubts about the application of the number 3, receive a regular annual salary that is three times the reference amount in accordance with § 18 of the Fourth Book Social Code exceeds.
Non-official table of contents

§ 6

(omitted)

Second part
Works Council, Operating Assembly, Total And Group Works Council

First section
Composition and choice of works council

A non-official table of contents

§ 7 Election Permission

All employees of the holding are entitled to vote, the 18. Have completed their life year. If employees of another employer are left to work for work, they shall be entitled to vote if they are used for more than three months in operation. Unofficial Table Of Contents

§ 8 Eligibility

(1) All eligible voters who belong to the holding for six months or are eligible to be eligible to do so are eligible to be eligible for a home-based service. Employees in the main business have worked for the company. This six-month period of service shall be counted as periods in which the employee has previously been a member of another company of the same undertaking or group of undertakings (Section 18 (1) of the German Stock Corporation Act). It is not possible to choose who, as a result of criminal conviction, does not have the ability to obtain rights from public elections.(2) If the holding is less than six months, by way of derogation from the provision in paragraph 1 above the six-month operating membership, those employees who are employed in the initiation of the works council election shall be eligible; and meet the other eligibility requirements. Non-official table of contents

§ 9 Number of members of the works council *)

The works council consists of companies with a typically
5 to 20 eligible employees from one person,
21 to 50 eligible employees from 3 members,
51 eligible employees
to 100 employees from 5 members,
101 to 200 employees from 7 members,
201 to 400 employees from 9 members,
401 to 700 employees from 11 members,
701 to 1,000 employees from 13 members,
1,001 to 1,500 employees from 15 members,
1,501 to 2,000 employees from 17 members,
2,001 to 2,500 employees from 19 members,
2,501 to 3,000 employees from 21 members,
3,001 to 3,500 employees from 23 members,
3,501 to 4,000 employees from 25 members,
4.001 up to 4,500 employees from 27 members,
4,501 to 5,000 employees from 29 members,
5,001 to 6,000 employees from 31 members,
6,001 to 7,000 employees from 33 members,
7,001 to 9,000 employees from 35 Members.
In enterprises with more than 9,000 employees, the number of members of the works council increases by 2 members for each of the further 3,000 employees.
-----
*)
Pursuant to Article 14, sentence 2, of the Law on the Reform of the Works Constitution Act (BetrVerf Reform Act) of 23. July 2001 (BGBl. I p. 1852), § 9 (Article 1 (8) of the BetrVerf Reform Act) applies to works councils existing at the time of entry into force only when they are re-elected.
unofficial table of contents

§ 10

(omitted) A non-official table of contents

§ 11 Reduced number of members of the works council

If an operation does not have the sufficient number of eligible employees, the number of members of the works council is to the next lower operating size. unofficial table of contents

§ 12

(omitted) unofficial Table of contents

§ 13 Time of the works council elections

(1) The regular works council elections are held every four years in the time of 1. March to 31. -May instead. They are to be initiated at the same time as the regular elections in accordance with Section 5 (1) of the Speaker's Committee.(2) Outside this time, the works council shall be elected if
1.
with the expiry of 24 months, from the date of the The number of workers employed on a regular basis has risen by half, but at least by fifty, increased or decreased,
2.
the total number of employees. Members of the works council have fallen below the prescribed number of members of the works council after all spare members have entered,
3.
the works council with the majority of its members have decided to resign,
4.
the works council election has been successfully contested,
5.
the works council is resolved by a court decision or
6.
in operation a works council .
(3) If, outside the period laid down for the regular works council elections, a selection of works council elections has taken place, the works council shall be elected in the next period of the regular works council elections following the election to be re-elected. If the term of office of the works council has not yet been one year at the beginning of the period fixed for the regular works council elections, the works council shall be re-elected during the next period of the regular works council elections. Non-official table of contents

§ 14 Electoral Regulations

(1) The works council is elected in secret and direct election.(2) The election shall be based on the principles of proportional representation. It shall be carried out in accordance with the principles of majority voting if only one nomination is submitted or if the works council is to be elected under the simplified electoral procedure in accordance with Section 14a.(3) In order to elect the works council, the employees entitled to vote and the trade unions represented on the holding may make election proposals.(4) Any nomination of the employee must be signed by at least one twentieth of the workers entitled to vote, but at least three persons entitled to vote; in establishments with generally up to twenty persons entitled to vote shall be sufficient for signature by two persons entitled to vote. In any case, the signing by fifty persons entitled to vote shall be sufficient.(5) Each nomination of a union must be signed by two representatives. Non-official table of contents

§ 14a Simplified voting procedure for small businesses

(1) In establishments with generally five to fifty eligible voters, Employees are elected to the works council in a two-stage procedure. At a first election meeting, the electoral board is elected in accordance with § 17a No. 3. At a second election meeting, the works council will be elected in secret and direct election. This election meeting will take place one week after the election meeting to elect the electoral board.(2) Electoral proposals may be made until the end of the election meeting for election of the electoral board according to § 17a No. 3; for election proposals of the employees § 14 para. 4 with the proviso that for election proposals, which are only at this election meeting , no written form is required.(3) If the electoral board is appointed in establishments with generally five to fifty employees entitled to vote in accordance with § 17a No. 1 in conjunction with § 16 of the Works Council, the General Works Council or the Group Works Council or in accordance with Section 17a No. 4 of the Labour Court, By way of derogation from the first sentence of paragraph 1 and 2, the works council shall be elected by secret ballot and direct election at only one election meeting. Election proposals may be made for election of the works council until one week before the election meeting; Section 14 (4) shall remain unchanged.(4) eligible employees who are unable to participate in the election meeting for the election of the works council shall be given the opportunity to vote in writing.(5) In establishments with generally 51 to 100 employees entitled to vote, the electoral officer and the employer may agree to apply the simplified electoral procedure. Non-official table of contents

§ 15 Composition by type of work and sexes *)

(1) The works council should be as close as possible to workers in the various organisational sectors and the different types of employment of workers engaged in the operation.(2) The gender, which is in the workforce in the minority, must be represented at least according to its numerical ratio in the works council, if it consists of at least three members.
-----
*)
Pursuant to Article 14, sentence 2, of the Law on the Reform of the Works Constitution Act (BetrVerf Reform Act) of 23. July 2001 (BGBl. In 1852), § 15 (Article 1 (13) of the BetrVerf Reform Act) applies to works councils existing during the period of the occurrence of the event only when they are re-elected.
Non-official table of contents

§ 16 Order of the electoral board

(1) No later than ten weeks before the end of his term of office, the Works council consisting of three electoral board members and one of them as chairperson. The works council may increase the number of electoral board members if this is necessary for the proper implementation of the election. In any case, the electoral board must consist of an odd number of members. A substitute member may be appointed for each member of the electoral board in the event of his/her prevention. In companies with female and male employees, women and men are to be members of the electoral head. Any trade union represented on the holding may also send a non-voting member to the electoral board as a non-voting member, unless a member of the electoral board is a member of the voting board.(2) If no electoral board exists eight weeks before the end of the term of office of the works council, the working court shall appoint him at the request of at least three persons entitled to vote or of a trade union represented in the holding; paragraph 1 shall apply accordingly. Proposals for the composition of the electoral board may be made in the application. The working court may appoint members of a union represented on the holding who are not employees of the holding to appoint members of the electoral board for holdings with, as a rule, more than 20 employees entitled to vote, if: this is necessary for the proper conduct of the election.(3) If there is no electoral board eight weeks before the end of the term of office of the works council, the General Works Council may also appoint the Board of Directors or the Group Works Council to appoint the electoral board. Paragraph 1 shall apply mutatily. Non-official table of contents

§ 17 Order of the electoral board in establishments without a works council

(1) Consists of a holding in which the conditions of the § 1 para. 1 sentence 1 fulfilled, no works council, so orders the General Works Council or, if one does not exist, the Group Works Council an electoral board. Section 16 (1) shall apply accordingly.(2) If there is neither a General Works Council nor a Group Works Council, a Board of Directors shall be elected by a majority of the employees present in a business meeting; Section 16 (1) shall apply accordingly. The same shall apply if the General Works Council or Group Works Council undertakes the appointment of the electoral board in accordance with paragraph 1.(3) Three eligible employees of the holding or a trade union represented on the holding may be invited to this General Assembly and make proposals for the composition of the electoral board.(4) If, in spite of the invitation, no operating meeting is held or if the General Assembly does not elect an electoral board, the working court shall appoint him at the request of at least three persons entitled to vote or of a working party represented on the holding. Union. Section 16 (2) shall apply accordingly. Non-official table of contents

§ 17a Order of the electoral board in the simplified electoral procedure

In the case of § 14a, § § 16 and 17 are to be found with the following Application:
1.
The period of the first sentence of § 16 (1) shall be four weeks, and that of section 16 (2) 1, paragraph 3, sentence 1 shortened to three weeks.
2.
§ 16 para. 1 sentence 2 and 3 does not apply.
3.
In the cases of § 17 para. 2, the electoral board is elected by the majority of the employees present in an election meeting. For the invitation to the election meeting, Section 17 (3) shall apply.
4.
§ 17 (4) applies accordingly if, despite the invitation, no election meeting takes place or on no electoral board is elected.
Non-official table of contents

§ 18 Preparation and implementation of the election

(1) The The electoral officer shall immediately initiate the election, carry out the election and establish the result of the election. If the electoral board does not comply with this obligation, the Labour Court shall, at the request of the works council, replace it with at least three persons entitled to vote or a trade union represented on the holding. Section 16 (2) shall apply accordingly.(2) If it is doubtful whether an organizational unit capable of operating is available, the employer, each participating works council, each participating electoral board or a trade union represented in the holding shall be entitled to a decision of the working court. apply.(3) As soon as the election has been concluded, the electoral body shall publicly accept the counting of the votes, shall establish the result thereof in a minutes and shall inform the employees of the holding. The employer and the trade unions represented on the holding shall be sent a copy of the voting document. Non-official table of contents

§ 18a Allocation of senior executives in elections

(1) Are the elections in accordance with Section 13 (1) and Section 5 (1) of the The electoral board shall inform each other immediately after the voters ' lists have been drawn up, but no later than two weeks before the elections, which employees shall inform the election boards of the management staff; this shall also apply if the elections are initiated at the same time without the existence of a statutory obligation. In so far as there is no agreement between the electoral board on the allocation, they shall try to reach an agreement in a joint meeting. To the extent that an agreement is reached, the employees shall be entered in the relevant voter list in accordance with their assignment.(2) Insofar as an agreement is not reached, an intermediary shall, at the latest one week before the start of the elections, try to reach an agreement between the electoral authorities on the assignment. The employer shall assist the intermediary at his request, in particular to provide the necessary information and to make available the necessary documents. If the attempt at understanding remains unsuccessful, the intermediary decides, after consulting with the employer. The third sentence of paragraph 1 shall apply accordingly.(3) The person of the mediator must agree to the electoral board. Only one employee of the holding company or another company of the company or group or the employer can be appointed to the intermediary. If an agreement is not reached, the electoral authorities shall each propose a person as a mediator; the decision shall be taken to decide who shall act as a mediator.(4) If an election under Section 13 (1) or (2) is not initiated at the same time as the Speaker's Committee, the Board of Electoral Board shall inform the Speaker Committee in accordance with the first sentence of the first sentence of the first sentence of paragraph 1. To the extent that there is no agreement on the assignment, the spokesperson's committee shall appoint members to participate in the allocation process instead of the electoral board. If the election pursuant to Section 5 (1) or (2) of the Spokesperson's Committee Act does not initiate an election in accordance with this Act at the same time, the sentences 1 and 2 shall apply accordingly to the works council.(5) The legal path shall not be excluded by the assignment. The challenge of the election of the works council or of the election according to the Spokesperson's Committee is excluded, insofar as it is based on the fact that the assignment has been erroneous. Sentence 2 shall not apply to the extent that the assignment is manifestly defective. Non-official table of contents

§ 19 Wahlanferespect

(1) The choice may be appealed to the Labour Court if there are significant provisions on the the right to vote, the eligibility or the electoral procedure has been infringed and a correction has not been made, unless the result of the breach has not been able to change or influence the outcome of the election.(2) At least three persons entitled to vote, a trade union represented on the holding or the employer shall be entitled to challenge the dispute. The vote shall be admissible only within a period of two weeks from the date of the announcement of the result of the election. Non-official table of contents

§ 20 Electoral protection and election costs

(1) No one may hinder the election of the works council. In particular, no worker may be restricted in the exercise of active and passive voting rights.(2) No one shall be allowed to influence the choice of the works council by adding or threatening any disadvantages or by granting or promising benefits.(3) The costs of the election shall be borne by the employer. Failure of working time required to exercise the right to vote, to exercise at the head of the election or to act as a mediator (§ 18a), does not entice the employer to reduce the amount of the work. name="BJNR000130972BJNG000402308 " />

Second Section
Operations Council Term

Non-official table of contents

§ 21 Term of office

The regular term of office of the works council is four years. The term of office shall begin with the announcement of the results of the election or, if there is still an works council at that date, with the expiry of the term of office of the works council. The term of office shall end at the latest by 31 December May of the year in which the regular works council elections take place according to § 13 (1). In the case of Section 13 (3) sentence 2, the term of office shall expire at the latest on 31 December 2014. May of the year, in which the works council is to be re-elected. In the cases of Section 13 (2) Nos. 1 and 2, the term of office shall end with the announcement of the election result of the newly elected works council. Non-official table of contents

§ 21a Transitional Mandate *)

(1) If a holding is split, its works council remains in office and conducts the business for the operating parts allocated to him until now, insofar as they satisfy the conditions of § 1 (1) sentence 1 and are not incorporated into a holding in which an works council exists (transitional mandate). In particular, the works council shall immediately appoint electoral board members. The transitional mandate shall end as soon as a new works council is elected in the operating parts and the result of the election is announced, but at the latest six months after the division becomes effective. The transitional mandate may be extended by a further six months by means of a collective agreement or an operating agreement.(2) Where holdings or parts of a holding are combined into one holding, the works council of the largest holding or part of the holding in accordance with the number of eligible employees shall have the transitional mandate true. Paragraph 1 shall apply mutatily.(3) Paragraphs 1 and 2 shall also apply where the division or aggregation of holdings and parts of operations is carried out in the context of an operation sale or a conversion under the conversion law.
-----
*)
This rule is used for the implementation of Article 6 of Council Directive 2001 /23/EC of the 12. March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfers of undertakings, businesses or parts of businesses (OJ L 327, 31.12.2001, EC No L 82 p. 16).
Non-official table of contents

§ 21b residual mandate

If an operation is carried out by decommissioning, division or merger, its Works council for as long as it is required to exercise the rights of participation and co-determination related thereto. Non-official table of contents

§ 22 Continuation of the operations of the works council

In the cases of § 13 para. 2 no. 1 to 3, the works council shall carry out the following: Business continues until the new works council is elected and the election result is announced. Non-official table of contents

§ 23 Violation of statutory obligations

(1) At least one quarter of the eligible employees, the employer, or a union represented on the holding may apply to the working court for the exclusion of a member from the works council or the dissolution of the works council on account of gross violation of his legal obligations. A member may also be excluded from the works council.(2) If the works council is dissolved, the working court shall immediately set up an electoral board for the re-election. Section 16 (2) shall apply accordingly.(3) The works council or a trade union represented on the holding may, in the event of gross violations by the employer against its obligations under this Act, apply to the Labour Court to give the employer the right to refrain from an act which: To tolerate an act or to perform an act. If the employer is acting against the obligation imposed on him by a final court decision to refrain from an act or to tolerate the taking of an act, he shall be acting on request from the labour court on the grounds of each To condemn, after prior threat, an order for a monetary policy. If the employer does not carry out the act imposed on him by a legally binding court decision, it shall be recognized on application by the labour court that he is to be held responsible for taking the act by periodic penalty payment. Eligible for application are the works council or a trade union represented on the holding. The maximum amount of the order and the penalty payments is 10,000 euros. Non-official table of contents

§ 24 Erdeleting membership

The membership in the works council is extinguished by
1.
expiration of the term,
2.
Filing the operational rate,
3.
termination of the work relationship,
4.
Loss Of Eligibility,
5.
Exclusion from the Works Council or dissolution of the Works Council due to a court decision,
6.
court decision on the determination of non-eligibility at the end of the period referred to in section 19 (2), unless the defect is no longer available.
unofficial table of contents

§ 25 surrogate members

(1) a member of the works council will be elected, so A substitute member. This shall apply mutagenically to the deputiation of a temporarily prevented member of the works council.(2) In the light of Section 15 (2), the replacement members shall be taken from the non-elected employees of those lists of proposals to which the members to be replaced belong. Where a list of proposals has been exhausted, the replacement member shall be taken from the list of proposals to which, in accordance with the principles of proportional representation, the next seat would be omitted. If the retired or prevented member is elected in accordance with the principles of the majority vote, the order of the substitute members shall be determined taking into account Section 15 (2) according to the amount of the votes obtained.

Third Section
Business Board Management

Non-official table of contents

§ 26 Chairman

(1) The works council shall elect the chairman and his deputy from among its members.(2) The chairman of the works council or, in the case of his prevention, his deputy shall represent the works council within the framework of the decisions which it has taken. In order to receive statements to be made to the works council, the chairman of the works council or, in the case of his prevention, his deputy is entitled to do so. A non-official table of contents

§ 27 Operating Committee

(1) If a works council has nine or more members, it shall form an operating committee. The operating committee consists of the chairman of the works council, its deputies, and on works councils with
9 to 15 Members
from 3 other committee members,
17 to 23 Members
from 5 other committee members,
25 to 35 Members
from 7 other committee members,
37 or more Members
from 9 other members of the committee.

The other members of the committee will be elected by the works council from its center in secret ballot and after the The principles of proportional representation are chosen. If only one nomination is made, the election shall be made in accordance with the principles of majority voting. If the other committee members are elected in accordance with the principles of proportional representation, the convening shall be convened by decision of the works council, which shall be taken by secret ballot and a majority of three-quarters of the votes of the members of the Works council is required.(2) The operating committee shall carry out the day-to-day operations of the works council. The works council may, by a majority of the votes of its members, delegate tasks to the works committee for the purpose of self-discharge; this shall not apply to the conclusion of operating agreements. The transmission needs the written form. The sentences 2 and 3 shall apply mutaly to the revocation of the delegation of tasks.(3) Works councils with fewer than nine members may transfer the current business to the chairman of the works council or other works council members. Non-official table of contents

§ 28 Transfer of tasks to committees

(1) The works council can be used in establishments with more than 100 employees They shall form committees and carry out certain tasks. Section 27 (1) sentences 3 to 5 shall apply mutas to the choice and dismise of the members of the committee. If an operating committee is formed, the works council may delegate tasks to the committees for independent execution; section 27 (2) sentences 2 to 4 shall apply accordingly.(2) Paragraph 1 shall apply mutatily to the transfer of tasks to the members of the works council in committees whose members are appointed by the works council and by the employer. Non-official table of contents

§ 28a Transfer of tasks to working groups

(1) In establishments with more than 100 employees, the works council can be the majority of the votes cast by its members shall transfer certain tasks to working parties, in accordance with a framework agreement to be concluded with the employer. The tasks must be in the context of the activities to be carried out by the working group. The transmission needs the written form. In the case of the revocation of the transfer, the first sentence of the first half sentence and the third sentence shall apply.(2) The working party may conclude agreements with the employer within the scope of the tasks assigned to it; an agreement shall require the majority of the votes of the group members. § 77 shall apply accordingly. If the employer and the working group are not able to agree on a matter, the works council shall be entitled to the right of participation. Non-official table of contents

§ 29 Convocation of sittings

(1) Before the end of a week after the election day, the electoral board held the members of the Works council to be convened for the election prescribed in accordance with section 26 (1). The chairman of the electoral board chairs the meeting until the works council has appointed an election leader from its midst.(2) The Chairperson of the Works Council shall convene the other meetings. It sets the agenda and conducts the trial. The Chairman shall invite the members of the works council to the meetings in good time on the agenda of the agenda. This also applies to the representatives of the severely disabled persons and to the representatives of young people and trainees, insofar as they have a right to participate in the works council meeting. If a member of the works council or of the youth and trainee representative cannot participate in the meeting, it shall inform the chairman without delay, stating the reasons. The chairman has to charge the substitute member for an prevented member of the works council or for an prevented youth and trainee representative.(3) The Chairman shall convene a meeting and place on the agenda the subject matter of which a request for advice is requested, if a quarter of the members of the works council or of the employer apply.(4) The employer shall take part in the meetings which are scheduled for his request and at the meetings to which he is expressly invited. He may add a representative of the association of the employers to which he is a member. Non-official table of contents

§ 30 Works Council sessions

The sessions of the works council are usually held during working hours. When setting up works council meetings, the works council has to take account of the operational needs. The employer shall be notified beforehand of the date of the meeting. The meetings of the works council are not public. Non-official table of contents

§ 31 Participation of trade unions

At the request of a quarter of the members of the works council, a representative may be the trade union represented in the works council at the meetings; in this case, the date of the meeting and the agenda of the union shall be communicated in good time. Non-official table of contents

§ 32 Participation of severely disabled representatives

The representative of the severely disabled (§ 94 of the ninth book of the Social Code) may participate in all meetings of the works council. Non-official table of contents

§ 33 Decisions of the works council

(1) The decisions of the works council shall be taken unless otherwise specified in this law. shall be determined by a majority of the votes of the members present. In the event of a tie, an application shall be rejected.(2) The works council shall be subject to a quorum only if at least half of the members of the works council participate in the decision-making process; substitution by substitute members is permitted.(3) If the youth and trainee representatives take part in the decision-making process, the votes of the youth and trainee representatives shall be counted in the determination of the majority of votes. Non-official table of contents

§ 34 minutes of session

(1) A minutes shall be recorded for each negotiation of the works council, which shall be at least the text of the decisions and the majority of the votes with which they are taken. The minutes shall be signed by the chairman and one other member. The minutes shall be accompanied by a list of attendance, in which each participant will have to register on their own.(2) If the employer or a representative of a trade union has taken part in the meeting, the corresponding part of the minutes shall be handed out to him in writing. Objections to the minutes shall be made without delay in writing; they shall be accompanied by the minutes.(3) The members of the works council shall have the right to see the documents of the works council and its committees at any time. Non-official table of contents

§ 35 Suspension of decisions

(1) considers the majority of the youth and trainee representation or the majority of the In the event of a decision of the works council as a significant impairment of the important interests of the employees represented by it, the decision shall be taken at its request for a period of one week from the date of the decision taken by the works council. decision-making to be suspended so that an understanding can be made during this period, possibly with the help of the trade unions represented on the holding.(2) After the expiry of the period, a new decision shall be taken on the matter. If the first decision is confirmed, the request for suspension cannot be repeated; this shall also apply if the first decision is amended only insignificantly. Unofficial table of contents

§ 36 Rules of Procedure

Other provisions on management should be laid down in a written procedure , which shall act by a majority of the votes of its members. Non-official table of contents

§ 37 honorary activity, work failure

(1) The members of the works council shall carry out their duties free of charge as Honorary Office.(2) The members of the works council shall be exempted from their professional activities without any reduction in the amount of the work, if and to the extent necessary to ensure the proper performance of their duties in accordance with the scope and nature of the establishment.(3) In order to compensate for work-rate activities, which are to be carried out outside working time for operational reasons, the works council member shall be entitled to the corresponding work exemption in the form of a payment of the pay. Due to the different working hours of the members of the works council, the operating rate cannot be carried out within the personal working hours due to the different working hours. The exemption from work must be granted before the end of a month; if it is not possible for operational reasons, the time spent is to be remunerated such as multi-time work.(4) The remuneration of members of the works council, including a period of one year after the end of the term of office, shall not be less than the remuneration of comparable workers with a professional professional Development. This also applies to general contributions from the employer.(5) Where there are no compelling operational needs, members of the works council, including a period of one year after the end of the term of office, may be employed only with activities relating to the activities referred to in paragraph 4 are equivalent to those referred to in Article 4.(6) Paragraphs 2 and 3 shall apply mutatily to participation in training and educational events to the extent that such knowledge imparts knowledge necessary for the work of the works council. Operational reasons within the meaning of paragraph 3 shall also be provided where the training of the member of the works council is carried out outside of his working time due to special features of the organisation of working time, in which case the extent of the Entitlement to compensation, including the exemption provided for in paragraph 2 per day of schooling, limits the working time of a full-time employee. The works council has to take into account the operational needs in determining the time situation of participation in training and educational events. He/she has to inform the employer of the participation and the timing of the training and educational events in good time. If the employer considers that the operational needs are not sufficiently taken into account, he may refer the case to the deposit. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(7) Without prejudice to the provisions of paragraph 6, each member of the works council shall be entitled, during his regular term of office, to a paid exemption for a total of three weeks in order to attend training and educational events organised by the After consultation with the top organizations of the trade unions and the employers ' associations, the competent top labour authority in the country has been recognized as appropriate. The entitlement to the first sentence shall be increased to four weeks for employees who, for the first time, take over the office of a member of the works council and who were not previously representatives of the youth and trainees. Paragraph 6, sentences 2 to 6 shall apply. Non-official table of contents

§ 38 exemptions

(1) At least one of their professional activities is to be exempted in companies with as a rule

200 to 500member of a work council member,
501 to 900Workers 2 Works Council members,
901 to 1,500Workers 3 Members of the Works Council,
1.501 to 2000Workers 4 Works Council members,
2.001 to 3,000employees 5 members of the works council,
3.001 to 4,000employees 6 Members of the Works Council,
4.001 to 5.000Employees 7 Works Council Members,
5.001 to 6,000workers 8 members of the works council,
6.001 to 7,000employees 9 Members of the Works Council,
7.001 to 8,000Workers 10 Works Council Members,
8.001 to 9,000Employees 11 Works Council members,
9.001 to 10,000Employees 12 Members of the Works Council.

In companies with more than 10,000 employees, a further member of the works council is to be exempted for each of the further 2,000 employees. Exemptions can also be made in the form of partial exemptions. These may not, taken together, exceed the scope of the exemptions set out in sentences 1 and 2. By means of a collective agreement or an operating agreement, other arrangements can be agreed on the exemption.(2) The members of the works council which are to be released shall be elected by the works council from its centre in secret ballot and in accordance with the principles of proportional representation, after consultation with the employer. If only one nomination is made, the election shall be made in accordance with the principles of the majority vote; if only one member of the works council is to be exempted, the member shall be elected by simple majority voting. The works council shall disclose the names of the vacancy to the employer. If the employer considers that an exemption is not justifiable, he may, within a period of two weeks after the date of the announcement, refer the matter to the installation. The agreement between the employer and the works council will be replaced by the agreement of the unification office. If the agreement confirms the concerns of the employer, it must also comply with the protection of minorities within the meaning of the first sentence in the determination of another member of the works council to be released. If the employer does not call the agreement, his consent shall be deemed to have been granted after the expiry of the two-week period. Section 27 (1) sentence 5 shall apply mutas to the convening of the convocation.(3) The period for the further payment of the work charge to be measured in accordance with section 37 (4) and for the employment pursuant to section 37 (5) shall be increased for members of the works council which were exempted three full consecutive terms of office, to two Years after the end of the term of office.(4) Freiposted members of the works council may not be excluded from internal and non-operational vocational training measures. Within one year of the termination of the exemption of a member of the works council, the member of the works council shall be given the opportunity, within the scope of the possibilities of the holding, to obtain a normal professional development which is not subject to an exemption from the exemption. For members of the works council, which have been exempted three full consecutive terms, the period after sentence 2 shall be increased to two years. Non-official table of contents

§ 39 Office hours

(1) The works council can set up office hours during working hours. Time and place are to be agreed with the employer. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(2) If the youth and trainees ' representatives do not carry out their own office hours, then a member of the youth and trainee representative body may take part in the office hours of the works council in order to advise the employees referred to in section 60 (1).(3) The failure of working time, which is necessary to visit the office hours or through any other use of the works council, does not entice the employer to reduce the employee's pay. Non-official table of contents

§ 40 costs and expenses of the works council

(1) The costs incurred by the works council are borne by the Employer.(2) For the meetings, the office hours and the current management, the employer has to make available spaces, factual means, information and communication technology as well as office personnel in the required scope. Non-official table of contents

§ 41 Reaction prohibition

The collection and performance of contributions by employees for the purposes of the works council is inadmissible.

Fourth Section
Operating Assembly

Non-tampering Table of Contents

§ 42 Composition, The General Assembly, Department Meeting

(1) The General Assembly consists of the employees of the holding; it is chaired by the Chairman of the Works Council. It's not public. If, due to the nature of the holding, an assembly of all workers cannot take place at the same time, partial meetings shall be carried out.(2) In the event of a discussion of the specific needs of workers, employees are to be combined in organisational or geographical terms by the works council at departmental meetings. The departmental meeting is led by a member of the works council, which belongs to a participating part of the company as a worker. The provisions of the second sentence of paragraph 1 shall apply mutatily. Non-official table of contents

§ 43 Regular operational and departmental meetings

(1) The works council once in each calendar quarter has a To convene the Annual General Meeting and to report on its activities in the Assembly. If the conditions of § 42 (2) sentence 1 are met, the works council shall, in each calendar year, carry out two of the annual meetings of the works referred to in the first sentence as departmental meetings. The department meetings should take place at the same time as possible. The works council may, in each calendar half-year, carry out a further business meeting or, if the conditions of section 42 (2), first sentence are available, once further departmental meetings, if this appears to be appropriate for special reasons.(2) The employer shall be invited to the holding and distribution meetings on the notice of the agenda. He is entitled to speak in the meetings. The employer or his representative shall, at least once in each calendar year, in a general meeting on staff and social services, including the status of equality between women and men, in operation and the integration of the -to report on the economic situation and development of the holding and on the environmental protection of the company, in so far as this does not endanger operating or trade secrets.(3) The works council shall be entitled and, at the request of the employer or at least a quarter of the eligible employees, shall be obliged to convene a business meeting and to include the requested item on the agenda . From the date of the meetings, which take place at the request of the employer, it shall be agreed in good time.(4) At the request of a trade union represented on the holding, the works council must convene a business meeting in accordance with the first sentence of paragraph 1 before the expiry of two weeks after the date of receipt of the application if there is no business meeting in the preceding calendar half-year and no department meetings have been carried out. Non-official table of contents

§ 44 Time and loss of earnings

(1) The persons referred to in § § 14a, 17 and 43 (1) and who, at the request of the Employers of convened assemblies shall be held during working hours, unless the nature of the holding requires a different arrangement. The period of participation in these meetings, including the additional transit times, shall be paid to employees, such as working time. This shall apply even if the assemblies take place outside the working time because of the nature of the holding; the cost of the costs incurred by the employees by participating in these meetings shall be reimbursed by the employer.(2) Other operating or departmental meetings shall be held outside working time. This may be dismissed in agreement with the employer; in agreement with the employer during working hours, the employer does not entitle the employer to reduce the remuneration of the employees. Non-official table of contents

§ 45 Topics of the operational and departmental assemblies

The holding and department meetings may be matters including such tariff policy, social policy, environmental and economic issues, as well as issues relating to the promotion of gender equality and the reconciliation of family and economic activity and the integration of the persons employed in the holding shall treat foreign workers directly concerned with the holding or its employees; the principles of Article 74 (2) shall apply. The operational and departmental meetings may submit applications to the works council and give its opinion on its decisions. Non-official table of contents

§ 46 Envoy of the Associations

(1) At the holding meetings or department meetings, representatives of the in-service Trade unions represented. If the employer takes part in meetings of the holding or department, he or she may draw up a representative of the association of the employers of which he is a member.(2) The time and agenda of the operational or departmental meetings shall be notified in writing to the trade unions represented on the works council in good time.

Fifth section
Total Works Council

Non-official table of contents

§ 47 Conditions of establishment, number of members, vote weight *)

(1) If there are several works councils in a company, a total works council is to be established.(2) Each Works Council shall be sent to the General Works Council with up to three members of one of its members; each Works Council with more than three members shall send two of its members. The sexes are to be taken into account appropriately.(3) The works council shall appoint at least one substitute member for each member of the General Works Council and shall determine the order of the offspring.(4) By way of collective agreement or operating agreement, the number of members of the General Works Council may be regulated by way of derogation from the first sentence of paragraph 2.(5) In accordance with the first sentence of paragraph 2, if the total works council is more than forty members, and if there is no collective agreement in accordance with paragraph 4, an operating agreement shall be concluded between the General Works Council and the employer on the number of members of the total works council. To conclude the General Works Council, which stipulates that works councils of a number of companies of a company that are connected to each other regionally or by similar interests shall jointly send members to the General Works Council.(6) If agreement is not reached in the case referred to in paragraph 5, a unit to be established for the whole enterprise shall decide. The agreement between the employer and the General Works Council replaces the agreement between the company and the company.(7) Each member of the General Works Council shall have as many votes as in the establishment in which it has been elected, eligible employees in the voters ' list. If the works council sends several members, the votes shall be proportional to the votes of the members of the works council.(8) If a member of the General Works Council has been sent to a number of holdings, it shall have as many votes as in the establishments for which it is posted, registered workers in the electoral lists; several members shall be posted , the second sentence of paragraph 7 shall apply accordingly.(9) In the case of members of the General Works Council, which have been posted from a joint operation of several undertakings, the provisions of paragraphs 7 and 8 may be subject to a collective agreement or an operating agreement.
-----
+)
Pursuant to Article 14, sentence 2, of the Law on the Reform of the Works Constitution Act (BetrVerf Reform Act) of 23. July 2001 (BGBl. I p. 1852), § 47 (2) (Article 1 No. 35 (a) of the BetrVerf Reform Act) applies to works councils existing at the time of entry into force only when they are re-elected.
unofficial table of contents

§ 48 Exclusion of total works council members

At least one quarter of the eligible employees of the Company, the employer, the General Works Council or a trade union represented in the Company may apply to the Labour Court for the exclusion of a member from the General Works Council for gross violation of his legal obligations. Non-official table of contents

§ 49 Erdeleting the membership

The membership in the General Works Council ends with the deletion of the membership in the Works council, through the establishment of office, by exclusion from the General Works Council due to a judicial decision or a dismise by the works council. Non-official table of contents

§ 50 Responsibility

(1) The General Works Council is responsible for dealing with matters that are The general undertaking or several holdings cannot be regulated by the individual works councils within their establishments; its responsibility also extends to holdings without works councils. It is not superordinated to the individual works councils.(2) The Works Council, acting by a majority of its members, may instruate the General Works Council to deal with a matter for him. The works council may reserve the right to decide. Section 27 (2) sentences 3 and 4 shall apply accordingly. Non-official table of contents

§ 51 Management Board

(1) § 25 (1), § § 26, 27 (2) and (3), § 28 (1) sentence 1 shall apply to the entire works council. 3, para. 2, § § 30, 31, 34, 35, 36, 37 para. 1 to 3 as well as § § 40 and 41 accordingly. Section 27 (1) shall apply accordingly, with the proviso that the General Works Committee shall be composed of the Chairman of the General Works Council, its alternates and, in the case of total works councils, with
9 to 16 members
from 3 other committee members,
17 to 24 Members
from 5 other committee members,
25 to 36 Members
from 7 other committee members,
more than 36 Members
from 9 other members of the

.(2) If a total works council is to be set up, the works council of the head office of the undertaking or, in so far as such a works council does not exist, the works council of the largest holding in accordance with the number of employees entitled to vote, shall have the choice of: To invite the Chairman and Vice-Chairman of the General Works Council. The Chairman of the inviting works council has to chair the meeting until the General Works Council has appointed an election leader from its midst. Section 29 (2) to (4) shall apply accordingly.(3) The decisions of the General Works Council shall, unless otherwise specified, be taken by a majority of the votes of the members present. In the event of a tie, an application shall be rejected. The General Works Council shall have a quorum only if at least half of its members participate in the decision-making process and the participants represent at least half of all votes; substitute members are allowed to delegate them. Section 33 (3) shall apply accordingly.(4) § 33 (1) and (2) shall apply to the decision-making of the General Works Committee and other committees of the General Works Council.(5) The provisions relating to the rights and obligations of the works council shall apply in accordance with the General Works Council, insofar as this Act does not contain any specific provisions. Non-official table of contents

§ 52 Participation of the total disability representation

The overall disability representation (§ 97 para. 1 of the ninth book) Social Code) can participate in all meetings of the General Works Council in an advisory capacity. Non-official table of contents

§ 53 Works Council Assembly

(1) At least once in each calendar year, the General Works Council shall have the Chairpersons and the Vice-Chairmen of the Works Councils and the other members of the Works Committees shall be convened for a meeting. By way of derogation from the first sentence, the works council may, by way of derogation from the first sentence, send other Members to the Assembly, in so far as it does not exceed the total number of participants in the case referred to in the first sentence.(2) In the Works Council meeting,
1.
has a total works council Activity report,
2.
the entreprent of a report on human and social welfare, including the state of equality between women and men in the enterprise, the integration of foreign workers employed in the enterprise, the economic situation and the development of the enterprise, and environmental protection issues in undertakings, insofar as they do not provide business and commercial secrets at risk,
.(3) The General Works Council may carry out the Works Council meeting in the form of sub-assemblies. In addition, § 42 (1) sentence 1 second sentence and sentence 2, § 43 (2) sentence 1 and 2, as well as § § 45 and 46 apply accordingly.

Sixth Section
Group Works Council

Non-Official Table of Contents

§ 54 Establishment of the Group Works Council

(1) For a Group (Section 18 (1) of the German Stock Corporation Act), decisions of the Group individual works councils are set up by a group works council. The construction requires the approval of the total works councils of the group companies, in which a total of more than 50 of the hundreds of employees of the group companies are employed.(2) If only one works council exists in a group company, it shall carry out the tasks of an overall works council in accordance with the provisions of this section. Non-official table of contents

§ 55 Composition of the Group Works Council, vote weight

(1) Each member of the Group Works Council shall send each Total Works Council of two of its members. The sexes are to be taken into account appropriately.(2) The General Works Council shall appoint at least one substitute member for each member of the Group Works Council and shall determine the order in which they are to be relocated.(3) Each member of the Group Works Council shall be responsible for the votes of the members of the General Works Council, which shall be sent.(4) By way of collective agreement or operating agreement, the membership of the Group Works Council may be regulated by way of derogation from the first sentence of paragraph 1. Section 47 (5) to (9) shall apply accordingly. Non-official table of contents

§ 56 Exclusion of members of the Group Works Council

At least one quarter of the eligible employees of the Group companies, the employer, the Group Works Council or a trade union represented within the Group may, in the working court, exclude a member from the Group Works Council on account of gross violation of his legal obligations apply. Non-official table of contents

§ 57 Erdeleting membership

The membership of the Group Works Council ends with the deletion of the membership in the The General Works Council, by taking up office, by exclusion from the Group Works Council due to a judicial decision or a dismise by the General Works Council. Non-official table of contents

§ 58 Jurisdiction

(1) The Group Works Council is responsible for dealing with matters relating to the Group or to the Group. relate to a number of Group companies and cannot be regulated by each of the total works councils within their companies; in this respect, its competence also extends to undertakings which have not formed an overall works council, as well as to companies of the Group companies without works councils. It is not superordinated to the individual works councils.(2) The General Works Council may, by a majority of the votes of its members, instruate the Group Works Council to deal with a matter for him. The General Works Council may reserve the right to take decisions. Section 27 (2) sentences 3 and 4 shall apply accordingly. Non-official table of contents

§ 59 Management Board

(1) For the Group Works Council, § 25 (1), § § 26, 27 (2) and (3), § 28 (1) sentence 1 and 3, para. 2, § § 30, 31, 34, 35, 36, 37 (1) to (3), as well as § § 40, 41 and 51 (1) sentence 2 and (3) to (5).(2) If a Group Works Council is to be set up, the General Works Council of the dominant undertaking or, in so far as such a total works council does not exist, the General Works Council of the largest number of eligible employees shall be the largest To invite Group companies to the election of the Chairman and Vice-Chairman of the Group Works Council. The Chairman of the inviting General Works Council has to chair the meeting until the Group Works Council has appointed an election leader from its midst. Section 29 (2) to (4) shall apply accordingly. Non-official table of contents

§ 59a Participation of the Group Severely Disabled Employees

The group of severely disabled employees (§ 97 para. 2 of the Ninth of the German Ninth) Book Social Code) can participate in all meetings of the Group Works Council.

Third part
Youth and trainee representation

First Section
Operational Youth and Apprentite Representation

Non-official Table of Contents

§ 60 Establishment and Task

(1) In companies with as a rule at least five employees, who are the 18. (young workers) or who are employed for their vocational training and 25 years of age. Youth and Trainees ' Representatives are elected for their full year.(2) The representation of young people and trainees shall, in accordance with the following provisions, take account of the specific needs of the employees referred to in paragraph 1. Non-official table of contents

§ 61 Electoral eligibility and eligibility

(1) All employees of the holding referred to in Section 60 (1) are entitled to vote.(2) All employees of the holding shall be eligible to be eligible for the 25. § 8 (1) sentence 3 shall apply. Members of the works council cannot be elected to youth and trainee representatives. Non-official table of contents

§ 62 Number of representatives of young people and trainees, composition of youth and trainee representation

(1) Representation of young people and trainees consists of a person referred to in
60 (1) of the employees
to in Article 60 (1) of the employees referred to in Article 60 (1) of the employees referred to in § 60 (1) of the employees referred to in § 60 (1) of the employees of 3 members,
51 to 150 of the employees referred to in § 60 ( Article 60 (1) employees of 5 members,
151 to 300 of the employees referred to in § 60 (1) of the employees of 7 members,
301 to 500 of the employees referred to in § 60 (1) of the employees of 9 members,
501 to 700 of the employees referred to in § 60 para. 1 , of the employees referred to in Article 60 (1), the employees of 11 members,
701 to 1,000 of the employees of 13 members referred to in § 60 (1), more
1,000 employees of 15 members referred to in § 60 (1).(2) The representation of young people and trainees shall be composed as far as possible of representatives of the various types of employment and training occupations of the employees referred to in Article 60 (1) of the establishment.(3) The gender, which is in the minority under the employees referred to in § 60 (1), must be represented at least in accordance with its numerical value in the representation of young people and trainees, if they are made up of at least three Members. Non-official table of contents

§ 63 Electoral Regulations

(1) The youth and trainee representation is elected by secret ballot.(2) Not later than eight weeks before the end of the term of office of the youth and trainee representation, the works council shall appoint the electoral board and its chairman. For the election of the youth and trainee representatives, § 14 (2) to (5), § 16 (1) sentences 4 to 6, § 18 (1) sentence 1 and (3) and § § 19 and 20 apply accordingly.(3) The works council does not order the electoral board, or not at least six weeks before the end of the term of office of the youth and trainee representation, or if the electoral board does not comply with its obligation pursuant to section 18 (1) sentence 1, the provisions of section 16 (1) shall apply. 2, sentence 1 and 2, para. 3, sentence 1 and § 18 (1) sentence 2; the application to the Labour Court may also be filed by young workers.(4) In establishments with as a rule five to fifty of the employees referred to in § 60 (1), Section 14a shall also apply accordingly. In the case referred to in the first sentence of paragraph 2, the time limit for the appointment of the electoral board shall be reduced to four weeks and, in the case of paragraph 3, sentence 1, to three weeks.(5) In establishments with the employees referred to in Rule 51 to 100 of the employees referred to in § 60 (1), Section 14a (5) applies accordingly. Non-official table of contents

§ 64 Date of elections and term of office

(1) The regular elections of the youth and trainee representation are all found two years in the time of 1. October to 30. November. For the election of the youth and trainee representation outside of this period, § 13 para. 2 no. 2 to 6 and para. 3 shall apply accordingly.(2) The regular term of office of the youth and trainee representation is two years. The term of office shall begin with the announcement of the results of the election or, if there is still a youth and trainee representation at that time, with the expiry of the term of office of the person. The term of office shall end at the latest by the 30 November of the year in which, in accordance with the first sentence of paragraph 1, the regular elections take place. In the case of section 13 (3) sentence 2, the term of office shall expire at the latest by 30. November of the year, in which the youth and trainee representation is to be re-elected. In the case of Section 13 (2) No. 2, the term of office shall end with the announcement of the election result of the newly elected youth and trainee representation.(3) A member of the youth and trainee representation, who during the term of office shall be the 25. Until the end of the term of office, member of the youth and trainee representation will remain. Non-official table of contents

§ 65 Management Board

(1) For the representation of young people and trainees, § 23 (1), § § 24, 25, 26, 28 (1) Sentences 1 and 2, § § 30, 31, 33 (1) and (2), as well as § § 34, 36, 37, 40 and 41.(2) The representation of young people and trainees may, after agreement of the works council, hold meetings; § 29 shall apply accordingly. The Chairman of the Works Council or a member of the works council may participate in these meetings. A non-official table of contents

§ 66 Suspension of decisions of the works council

(1) The majority of the youth and trainee representatives consider a The decision of the works council as a significant impairment of important interests of the employees referred to in Article 60 (1) shall be suspended on their request for a period of one week so that an agreement is reached within that period, where appropriate, with the help of the trade unions represented on the holding.(2) Where the first decision is confirmed, the request for suspension cannot be repeated; this shall also apply where the first decision is amended only insignificantly. Non-official table of contents

§ 67 Participation in works council meetings

(1) The representation of youth and trainee can be held at all works council meetings Send a representative. Where matters relating in particular to the employees referred to in Article 60 (1) are dealt with, the entire youth and trainee representation shall have a right to participate in these items on the agenda.(2) The youth and trainee representatives shall have the right to vote, insofar as the decisions of the works council to be taken mainly concern the employees referred to in § 60 (1).(3) The representation of young people and trainees may apply to the works council to place on the next agenda matters which are particularly concerned with the employees referred to in § 60 (1) and on which they have been advising them. The works council is to forward matters relating in particular to the employees referred to in section 60 (1) to the youth and trainee representation for advice. Non-official table of contents

§ 68 Participation in joint meetings

The works council has the youth and trainee representation for meetings between the employer and the works council when matters relating in particular to the employees referred to in Article 60 (1) are dealt with. Non-official table of contents

§ 69 Office hours

In establishments that generally employ more than fifty of the employees referred to in § 60 (1), Youth and trainee representatives can set up office hours during working hours. Time and place are to be agreed by works councils and employers. Section 39 (1) sentences 3 and 4 and (3) shall apply accordingly. The Chairman of the Works Council or an appointed member of the works council can take part in the office hours of the youth and trainee representation. Non-official table of contents

§ 70 General tasks

(1) The youth and trainee representation has the following general tasks:
1.
Measures that serve the employees referred to in § 60 paragraph 1 above, in particular in matters of Vocational training and the take-over of the employees to their vocational training in an employment relationship, to apply to the works council;
1a.
Measures to enforce the to apply for actual equality of the employees referred to in § 60 (1) in accordance with § 80 (1) (2a) and (2b) of the works council;
2.
to ensure that: the laws, regulations, accident prevention provisions, collective agreements and operating agreements in force in favour of the employees referred to in Article 60 (1) are carried out;
3.
Suggestions of employees referred to in § 60 paragraph 1, in particular in questions of vocational education and training, and, if they appear to be entitled, at the works council to a Work to do so. The representation of young people and trainees shall inform the employees referred to in § 60 (1) above the status and the outcome of the negotiations;
4.
To promote the integration of foreign workers, referred to in § 60 (1), and to apply for appropriate measures at the works council.
(2) To carry out their tasks, the representation of youth and trainees is to be carried out by the to inform the works council in a timely and comprehensive manner. The representation of young people and trainees may require the works council to make the necessary documents available for the performance of their tasks. Non-official table of contents

§ 71 Youth and trainees ' meeting

The representation of youth and trainees can be made before or after each In agreement with the works council, the General Assembly convenes an in-company youth and trainee meeting. In agreement with the works council and employer, the company ' s youth and trainee meeting can also be convened at another time. § 43 (2) sentence 1 and 2, § § 44 to 46 and § 65 (2) sentence 2 apply accordingly.

Second section
Total youth and trainee representation

Non-official table of contents

§ 72 Conditions of establishment, number of members, vote weight

(1) Existence in a company several youth and An overall youth and trainee representation is to be established.(2) In the total youth and trainee representation, each youth and trainee representative shall send a member.(3) The representation of young people and trainees shall appoint at least one substitute member for the member of the overall youth and trainee representation and shall determine the sequence of the post-back.(4) By way of collective agreement or operating agreement, the number of members of the total youth and trainee representation may be regulated by way of derogation from paragraph 2.(5) In accordance with paragraph 2 of the total youth and trainee representation, if more than twenty members are present and there is no collective agreement in accordance with paragraph 4, an operating agreement shall be concluded between the General Works Council and the employer on the To conclude the number of members of the total youth and trainee representation, in which it is determined that youth and trainee representatives of several companies of a company that are connected to each other regionally or by similar interests , are members of the total youth and trainee representation.(6) If agreement is not reached in the case referred to in paragraph 5, a unit to be established for the whole enterprise shall decide. The agreement between the employer and the General Works Council replaces the agreement between the company and the company.(7) Each member of the overall youth and trainee representation has as many votes as in the establishment in which it was elected, employees referred to in section 60 (1) are entered in the voters ' list. If a member of the total youth and trainee representation has been sent to several establishments, it has as many votes as in the companies for which it is posted, in the lists of voters referred to in section 60 (1), are entered in the voter lists. If a number of members of the youth and trainee representation have been sent, the votes shall be proportional to the votes as set out in the first sentence.(8) For members of the overall representation of young people and trainees who have been posted from a joint operation of a number of undertakings, derogations may be made by means of collective agreements or agreements concluded in accordance with the provisions of paragraph 7. Non-official table of contents

§ 73 Management and application of other regulations

(1) The total youth and trainee representation can be To hold meetings of the General Works Council. The Chairman of the General Works Council or a member of the General Works Council may attend the meetings.§ 25 (1), § § 26, 28 (1) sentence 1, § § 30, 31, 34, 36, 37 (1) to (3), § § 40, 41, 48, 49, 50, 51 (2) to (5) and § § 66 to 68 shall apply mutatily to the representation of the entire youth and trainee representation. name="BJNR000130972BJNG003101308 " />

Third Section
Group Youth and Trainees Representation

Non-official Table of contents

§ 73a Prerequisite of establishment, number of members, voting weight

(1) Existence in a group (Section 18 (1) of the German Stock Corporation Act) several total youth and trainees ' representatives can be determined by decisions of the individual members of the group. A group of young people and trainees are set up to represent young people and trainees in the form of youth and trainees. The establishment requires the approval of the total youth and trainee representation of the group companies, in which a total of at least 75 of the hundreds of employees referred to in § 60 (1) are employed. If there is only one youth and trainee representation in a group company, it shall carry out the tasks of an overall youth and trainee representation in accordance with the provisions of this section.(2) In the Group's youth and trainee representation, every overall youth and trainee representation sends one of its members. It shall appoint at least one substitute member for each member, and shall determine the order of the offspring.(3) Each member of the group-youth and trainee-representation has as many votes as the members of the sending total youth and trainee representation have in total votes.(4) § 72 (4) to (8) shall apply accordingly. Non-official table of contents

§ 73b Management and application of other regulations

(1) The group's youth and trainee representation can be Agreement of the Group Works Council meetings. The Chairman or a member of the Group Works Council may attend the meetings.§ 25 (1), § § 26, 28 (1) sentence 1, § § 30, 31, 34, 36, 37 (1) to 3, § § 40, 41, 51 (3) to 5, § § 56, 57, 58, 59 (2) and § § 66 to 68 shall apply mutas., name="BJNR000130972BJNG001202308 " />

Part Four
Participation and Co-Determination of Workers

First section
General

Non-Official Table of Contents

§ 74 Principles of Cooperation

(1) Employers and works council should be at least once a month Meeting meeting. They have to negotiate on contentious issues with the serious will to reach agreement, and to make proposals for settling disagreements.(2) Measures of the industrial action between the employer and the works council are inadmissible; the labour disputes of collective parties are not affected by this. Employers and works councils have to refrain from operations which affect the work flow or the peace of the establishment. They shall refrain from any party political activity on the holding; the treatment of matters of a political, social, environmental and economic nature directly affecting the holding or its workers shall be treated in accordance with the provisions of the following: This shall not affect it.(3) Employees who take over tasks under this Act shall not be restricted in operation for their trade union even in operation. Non-official table of contents

§ 75 Principles for the treatment of members of the company

(1) The employer and the works council must ensure that: all persons engaged in the holding are treated in accordance with the principles of law and equity, in particular that any discrimination against persons on grounds of their racial or ethnic origin, descent or other origin shall be treated as such, of their nationality, religion or belief, disability, age, political or trade union activity or recruitment, or because of their gender or sexual identity.(2) Employers and works councils have to protect and promote the free development of the personality of the workers employed in the holding. They have to promote the independence and self-initiative of workers and working groups. Non-official table of contents

§ 76 Einigungsstelle

(1) To settle disagreements between the employer and the works council, The General Works Council or Group Works Council is to be formed as required by a single entity. A permanent settlement can be established by means of an operating agreement.(2) The unit shall consist of an equal number of seats appointed by the employer and the works council, and a non-partisan chairman, on whose person both sides have to agree. If an agreement is not reached on the person of the chairman, the working court shall appoint him. This decision shall also be taken if no agreement is reached on the number of co-sitters.(3) The entity shall take immediate action. It shall take its decisions after oral deliberation with a majority of votes. In the decision-making process, the chairman shall first abstain; if a majority of votes does not materiate, the chairman shall take part in the new decision-making after further deliberation. The decisions of the resolution are to be written down in writing, to be signed by the chairman, and to be assigned to the employer and the works council.(4) Further details of the procedure may be settled before the settlement by the operating agreement.(5) In cases where the agreement between the employer and the works council is replaced by the agreement of the conciliation body, the unit shall act on the request of one of the sides. If a page does not appoint any members or if the members mentioned by a page remain remote despite the timely invitation of the meeting, the chairman and the members who have been published shall decide on their own in accordance with the provisions of paragraph 3. The entity shall take its decisions at its reasonable discretion, taking due account of the interests of the establishment and the workers concerned. The exceeding of the limits of discretion can only be asserted by the employer or the works council within a period of two weeks, from the date of delivery of the decision, to the working court.(6) In addition, the unit of integration will only work if both parties apply for it or if they agree with their action. In these cases, the agreement between the employer and the works council replaces the agreement only if both parties have been subject to the claim in advance or have subsequently accepted it.(7) In so far as the legal path has been established in accordance with other provisions, it shall not be ruled out by the saying of the unit of entry.(8) A collective agreement may determine that a tariff-based dispute settlement body shall be replaced by the unit referred to in paragraph 1. Non-official table of contents

§ 76a Cost of the installation site

(1) The cost of the unit is borne by the employer.(2) The members of the office of establishment belonging to the holding shall not receive any remuneration for their activities; § 37 (2) and (3) shall apply accordingly. Where the entity is to be set up to settle disagreements between the employer and the General Works Council or the Group Works Council, the first sentence shall apply to the two-seater members of the undertaking or of a group undertaking. accordingly.(3) The chairman and the co-sitters of the unit of entry which do not belong to the persons referred to in paragraph 2 shall be entitled to remuneration for their activities vis-à-vis the employer. The amount of the remuneration shall be determined in accordance with the principles set out in the third sentence of paragraph 4.(4) The Federal Ministry of Labour and Social Affairs may regulate the remuneration provided for in paragraph 3 by means of a legal regulation. Maximum rates shall be fixed in the remuneration system. In particular, the time required to take account of the difficulty of the dispute and a loss of earnings are to be taken into consideration. The remuneration of the co-sitters shall be lower than that of the chairman. In setting the maximum rates, account shall be taken of the legitimate interests of the members of the institution of the institution and of the employer.(5) Paragraph 3 and a remuneration system referred to in paragraph 4 may be dismissed by collective agreement or by an operating agreement where a collective agreement permits or does not apply to a collective agreement. Non-official table of contents

§ 77 Implementation of joint decisions, operating agreements

(1) Agreements between the works council and the employer, even if they are based on a saying of the Einigungsstelle (Einigungsstelle), the employer shall carry out the procedure, unless otherwise agreed in the individual case. The works council must not intervene in the management of the holding by unilateral acts.(2) Operating arrangements shall be decided jointly by the works council and the employer and shall be laid down in writing. They are to be signed by both sides, except where the operating arrangements are based on a saying of the agreement. The employer shall interpret the operating arrangements at a suitable point in the holding.(3) Labour charges and other working conditions, which are governed by collective agreements or are usually regulated, cannot be the subject of an operating agreement. This shall not apply if a collective agreement expressly permits the conclusion of supplementary operating agreements.(4) Operating agreements shall apply directly and compulsorly. If employees are granted rights under the operating agreement, they shall not be allowed to surrender them only with the consent of the works council. The effect of these rights is excluded. Exclusion periods for their assertion are only permitted in so far as they are agreed in a collective agreement or an operating agreement; the same shall apply to the abbreviation of the limitation periods.(5) Operating agreements may, unless otherwise agreed, be terminated with a period of three months.(6) Upon expiry of an operating agreement, their rules shall continue to apply in matters in which the agreement between the employer and the works council may be replaced by the agreement of the conciliation body until such time as they are replaced by another agreement. Non-official table of contents

§ 78 Protection provisions

The members of the Works Council, the General Works Council, the Group Works Council, the Youth and Representation, the representative representation of the entire youth and trainee, the group youth and trainee representation, the economic committee, the on-board representation, the Maritime Works Council, the representatives of the employees referred to in Section 3 (1), The office of settlement, a collective redress (Section 76 (8)) and an operating appeal body (§ 86) as well as persons providing information (§ 80 (2) sentence 3) may not be disturbed or impeded in the performance of their duties. They shall not be disadvantaged or favoured because of their activities, including their professional development. Non-official table of contents

§ 78a Protection of apprentices in special cases

(1) The employer intends to make a trainee, the member of the Youth and trainees ' representatives, the works council, the on-board representation or the Maritime Works Council, after the end of the vocational training relationship, is not to assume an employment relationship for an indefinite period of time, he has this three months before To inform the apprentier in writing of the termination of the vocational training relationship.(2) In the last three months before the end of the vocational training relationship, a trainee referred to in paragraph 1 requires the employer to continue employment in writing, between the trainee and the employer following the completion of the vocational training. the vocational training relationship is based on an employment relationship indefinitely. In particular, § 37 (4) and (5) shall apply accordingly to this employment relationship.(3) Paragraphs 1 and 2 shall also apply if the vocational training relationship ends before the end of one year after the end of the term of office of the youth and trainee representation, the works council, the on-board representation or the Maritime Works Council.(4) The employer may apply to the Labour Court at the latest by the end of two weeks after the end of the vocational training relationship,
1.
to determine that a work relationship is not justified under paragraph 2 or 3, or
2.
already in accordance with the provisions of paragraph 2 or 3,
if there are facts on the basis of which the employer cannot be expected to continue to be employed in the light of all the circumstances. In the proceedings before the Labour Court, the works council, the on-board representation, the Maritime Works Council, and members of the youth and trainee representatives are also those involved.(5) Paragraphs 2 to 4 shall apply irrespective of whether the employer has complied with the obligation to provide a notification in accordance with paragraph 1. Non-official table of contents

§ 79 Confidentiality obligation

(1) The members and the replacement members of the works council are obligated, operating or Commercial secrets, which have become known to them on account of their belonging to the works council and which have been expressly designated by the employer as being in need of secrecy, cannot be disclosed and not to be used. This shall also apply after the withdrawal from the works council. The obligation shall not apply to members of the works council. Furthermore, it does not apply to the General Works Council, the Group Works Council, the Board Representative, the Maritime Works Council and the employee representatives on the Supervisory Board, as well as in the proceedings before the settlement office, the collective bargaining office (§ 76 Abs. 8) or an operating complaint body (§ 86). (2) Paragraph 1 shall apply mutatily to the members and replacement members of the General Works Council, the Group Works Council, the Youth and Trainees ' Representatives, the Total Youth and Representation of the company-youth and trainees ' representation, of the Economic Committee, of the on-board representation, of the Maritime Works Council, of the representatives of the employees, the offices of the employees, the offices of the employees, the collective bargaining office, the collective bargaining office Dispute resolution (Section 76 (8)) and an operating complaint body (§ 86) as well as for the representatives of trade unions or employers ' associations. Non-official table of contents

§ 80 General tasks

(1) The works council has the following general tasks:
1.
to ensure that the laws, regulations, and regulations that apply to the workers are Accident prevention regulations, collective agreements and operating agreements are carried out;
2.
Measures to be taken by the company and the workforce at the employer's apply;
2a.
enforcing effective equality between women and men, in particular recruitment, employment, education, training and further education and career advancement;
2b.
To promote the reconciliation of family and employment;
3.
To receive suggestions from employees and youth and trainees ' representatives and, if they are entitled to do so, through negotiations with the employer on a (i) to inform the workers concerned of the situation and outcome of the negotiations;
4.
the integration of severely disabled persons and the workers concerned. other particularly vulnerable persons;
5.
to prepare and implement the choice of a youth and trainee representation, and to use it for the to work closely together to promote the interests of the employees referred to in § 60 (1); it can request proposals and opinions from the youth and trainee representation;
6.
promoting the employment of older workers in operation;
7.
the integration of foreign workers to encourage workers in the establishment and understanding between them and the German workers, as well as to apply for measures to combat racism and xenophobia in operation;
8.
promoting and securing employment in the enterprise;
9.
Work-protection measures and the
() In order to carry out its tasks under this Act, the works council shall be informed in a timely and comprehensive manner by the employer; the information shall also cover the employment of: Persons who are not in a working relationship with the employer. At the request of the works council, the documents necessary for carrying out its duties shall be made available to the works council at any time; within this framework, the operating committee or a committee formed in accordance with section 28 shall be entitled to include in the lists of the works council Gross wages and salaries to gain insight. In so far as it is necessary for the proper performance of the duties of the works council, the employer shall make available to him knowledgeable employees as information staff; in this connection he shall take into account the proposals of the works council, to the extent that operational needs are not in conflict.(3) In carrying out its tasks, the works council may, in accordance with a detailed agreement with the employer, consult experts to the extent that this is necessary for the proper performance of its tasks.(4) For the obligation of confidentiality of respondents and experts, § 79 applies accordingly.

Second section
worker's right of participation and right of appeal

Non-official table of contents

§ 81 Employer's teaching and discussion obligation

(1) The employer has the employee over the job and to inform them of the nature of their activities and their classification in the operation of the establishment. Before commencement of employment, he/she shall have the worker concerned with the accident and health hazards to which he/she is subject in the case of employment, as well as the measures and facilities to be taken to avert these risks and which, in accordance with Article 10 (2) of the Measures taken in the field of occupational safety and health.(2) The worker shall be informed of changes in his/her working area in good time. Paragraph 1 shall apply mutatily.(3) In establishments where there is no works council, the employer shall consult the workers on any measures which may have an impact on the safety and health of workers.(4) The employer shall have the worker, through the measures provided for in the planning of technical installations, working procedures and work processes or jobs, and their effects on his workplace, the working environment as well as to the content and nature of its activities. As soon as it is established that the activity of the worker is likely to change and that his professional knowledge and skills are not sufficient to fulfil his/her duties, the employer shall discuss with the worker the professional knowledge of the worker and skills in the context of operational possibilities can be adapted to future requirements. The worker may, in the course of the discussion, be accompanied by a member of the works council. Non-official table of contents

§ 82 worker's right of consultation and discussion

(1) The employee has the right to do business in the workplace. Matters relating to his/her person shall be heard by the persons responsible for this purpose in accordance with the organisation of the establishment. It is entitled to comment on measures taken by the employer concerning him, and to make proposals for the design of the workplace and the working process.(2) The employee may require him to explain the calculation and composition of his/her pay and that he will discuss with him the assessment of his achievements and the possibilities of his professional development during the holding. He may be a member of the Works Council. The member of the works council shall keep silent on the contents of these negotiations, insofar as it is not exempted from this obligation by the employee on a case-by-case basis. Non-official table of contents

§ 83 Inview to the personnel files

(1) The employee has the right to inspect the personnel files that are held over him. . He may also join a member of the works council for this purpose. The member of the works council shall keep silent on the contents of the personnel file, insofar as it is not released by the employee on a case-by-case basis.(2) Declarations by the worker on the content of the personnel file shall be accompanied by his/her request. Non-official table of contents

§ 84 Rights of appeal

(1) Any worker has the right to complain to the competent authorities of the establishment, if it is disadvantaged or unfairly treated or otherwise adversely affected by the employer or by employees of the holding. He/she may add a member of the works council to support or mediation.(2) The employer shall have the right to make a decision on the treatment of the complaint and, in so far as he deems the complaint to be entitled, to remedy the complaint.(3) Because of the levying of a complaint, it is not possible for the employee to suffer any disadvantages. Non-official table of contents

§ 85 Treatment of complaints by the works council

(1) The works council has complaints from employees , and, if it is deemed to be entitled to do so, to assist the employer with a remedy.(2) In case of disagreement between the works council and the employer concerning the entitlement of the complaint, the works council may call the deposit. The agreement between the employer and the works council will be replaced by the agreement of the unification office. This shall not apply in so far as the subject-matter of the complaint is a legal claim.(3) The employer shall inform the works council of the handling of the complaint. Section 84 (2) shall remain unaffected. Non-official table of contents

§ 86 Supplementary agreements

The details of the agreement can be found in the agreement or in the operating agreement. Complaints procedure are regulated. In this case, it can be determined that in the cases of § 85 (2), an operating complaint body is to be replaced by the institution of the unit of employment. Non-official table of contents

§ 86a employees ' right of proposal

Each employee has the right to consult the works council on matters relating to advice . If a proposal of at least 5 is supported by the hundred employees of the holding, the works council shall put it on the agenda of an works council meeting within two months.

Third party Section
Social Affairs

Non-official table of contents

§ 87 Co-determination rights

(1) The works council has, as far as possible there is no legal or collective agreement to participate in the following matters:
1.
Questions about the operation and behavior of the workers in operation;
2.
Start and end of the daily working time, including breaks and the distribution of working time to the individual days of the week;
3.
temporarily shortening or extending the working hours. Operating hours;
4.
Time, place and type of payment of work charges;
5.
Setting up general holiday principles and the holiday plan, as well as setting the time of the holiday for individual employees, if between the employer and the workers involved are not obtained;
6.
The introduction and use of technical equipment intended to do so, the behaviour or the Monitoring the performance of workers;
7.
Regulations on the prevention of accidents at work and occupational diseases and on health protection in the context of the
8.
The form, design and management of social facilities, the scope of which is on the holding, and the Company or Group is limited;
9.
Allocation and termination of living rooms, which are used by the employees in consideration of the existence of an employment relationship. , as well as the general definition of the terms and conditions of use;
10.
Questions relating to the organization of operating pay, in particular the establishment of Remuneration principles and the introduction and application of new pay methods and their modification;
11.
Setting the chord and premium rates and comparable Performance-related charges, including monetary factors;
12.
Principles of operational proposal management;
13.
Principles on the execution of group work; group work within the meaning of this provision is available if a group of employees is a group of employees within the framework of the operational work sequence (
)
there is no agreement on a matter under paragraph 1, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office. Non-official table of contents

§ 88 Voluntary Operating Agreements

In particular, the operating agreement can be used to regulate
1.
Additional measures to prevent work accidents and health damage;
1a.
Measures of operational environmental protection;
2.
the establishment of social facilities, the Scope of action is limited to operations, the company or the Group;
3.
Measures to promote wealth formation;
4.
Measures to integrate foreign workers as well as fight racism and xenophobia on the holding.
unofficial table of contents

§ 89 Work and operational environment protection

(1) The works council has to work to ensure that the regulations on occupational health and safety and accident prevention in operation as well as in operational environmental protection. In the fight against accident and health hazards, he has the authorities responsible for occupational safety and health, the institutions of the statutory accident insurance and the other relevant bodies by means of stimulation, advice and information on the health and safety of the health insurance industry. support.(2) The employer and the bodies referred to in the second sentence of paragraph 1 shall be obliged to the works council or the members of the works council designated by him in respect of all surveys relating to the protection of work or accident prevention. and to ask questions and in case of accident investigations. The employer shall also be responsible to the works council for all surveys and questions relating to occupational environmental protection and shall immediately inform him of occupational safety, accident prevention and occupational environmental protection. shall be communicated to the competent authorities and to the competent authorities.(3) All personnel and organisational measures as well as all the operational structures, spaces, technical installations, working procedures, work processes and jobs are to be considered as an occupational environmental protection within the meaning of this law. that are used to protect the environment.(4) At meetings of the employer with the security officers within the scope of section 22 (2) of the Seventh Book of the Social Code, members of the works council shall participate in the meetings of the works council.(5) The works council shall receive from the employer the minutes of investigations, visits and meetings to which it is to be added in accordance with paragraphs 2 and 4.(6) The employer shall issue to the works council a copy of the accident display to be signed by the works council pursuant to Section 193 (5) of the Seventh Book of the Social Code.

Fourth Section
Design from workplace, workflow, and work environment

unofficial table of contents

§ 90 teaching and consulting rights

The Employer has the works council on the planning
1.
of new, rebuilding and extension buildings of Factory, administration and other premises,
2.
of technical installations,
3.
of work processes and workflows, or
4.
workplaces
in good time on template of the necessary documents.(2) The employer shall consult with the works council on the measures provided for and their effects on the workers, in particular on the nature of their work and on the resulting requirements for workers in a timely manner that: Proposals and concerns of the works council can be taken into account in the planning process. Employers and works councils should also take into account the secured work science findings on the human-friendly design of the work. Non-official table of contents

§ 91 Right of co-determination

The employees are changed by changes in the jobs, the work flow, or the Where the working environment clearly contradict the established scientific knowledge of the human rights organization of the work, the works council may take appropriate measures to prevent the work being carried out, Demand mitigation or compensation of the burden. If an agreement is not reached, the settlement body shall decide. The appeal of the unifying site replaces the agreement between the employer and the works council.

Fifth section
Personnel matters

First
General Human Affairs Subsection

Non-official table of contents

§ 92 Personnel Planning

(1) The Employer , the works council on staff planning, in particular on the current and future staffing needs and on the resulting staff measures and measures, shall be given timely and comprehensive information on the basis of documents . It has to consult with the works council on the nature and extent of the measures required and on the prevention of hardship.(2) The works council may make proposals to the employer for the introduction of personnel planning and its implementation.(3) Paragraphs 1 and 2 shall apply mutatily to measures within the meaning of Article 80 (1) (2a) and (2b), in particular for the establishment and implementation of measures to promote equality between women and men. Non-official table of contents

§ 92a Employment backup

(1) The works council can submit proposals to the employer to secure and promote the Make employment. These may include, in particular, the flexible organisation of working time, the promotion of part-time work and part-time work, new forms of work organisation, changes in working methods and work processes, the qualification of workers, Alternatives to the outsourcing of work or its award to other companies, as well as to the production and investment programme.(2) The employer has to advise the proposals with the works council. If the employer considers the proposals of the works council to be unsuitable, he must justify this; in establishments with more than 100 employees, the explanatory statement shall be made in writing. The employer or the works council may be accompanied by a representative of the Federal Employment Agency for the deliberations. Non-official table of contents

§ 93 Job tendering

The works council can require that jobs to be filled in general or for certain types of activities prior to their occupation within the holding. Non-official table of contents

§ 94 Personnel questionnaire, assessment principles

(1) Staff questionnaire is subject to the approval of the works council. If agreement is not reached on the content of the agreement, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(2) Paragraph 1 shall apply in accordance with personal information in written employment contracts which are to be used in general for the holding and for the establishment of general principles of assessment. Unofficial table of contents

§ 95 Selection Policies

(1) Policy on the personal selection in settings, dislocations, regroupings, and Announcements shall be subject to the approval of the works council. If agreement is not reached on the directives or their content, the agreement shall be decided upon at the request of the employer. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(2) In establishments with more than 500 employees, the works council may require the establishment of directives on the technical and personal conditions and social aspects to be observed in the case of measures referred to in the first sentence of paragraph 1. If an agreement is not reached on the directives or their content, the resolution shall be decided. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(3) A translation within the meaning of this Act shall be the allocation of another work area which is likely to exceed a period of one month, or which is associated with a significant change in the circumstances under which the work is to be carried out. If, according to the peculiarity of their employment relationship, workers are not normally employed permanently at a particular workplace, the provision of the workplace in question shall not be regarded as a translation. name="BJNR000130972BJNG001902308 " />

Second Subsection
Vocational Training

Non-official table of contents

§ 96 Promotion of the Vocational training

(1) In the context of operational staff planning and in cooperation with the authorities responsible for vocational training and the bodies responsible for the promotion of vocational training, the employer and the works council shall have the vocational training of workers. , At the request of the works council, the employer must identify the need for vocational training and consult with him on questions relating to the vocational training of the employees of the establishment. The works council can make suggestions for this.(2) The employer and the works council must ensure that, taking into account the operational needs of the employees, the participation in occupational or non-operational vocational training measures is made possible. They also have to take into account the concerns of older workers, part-time workers and workers with family responsibilities. Non-official table of contents

§ 97 Institutions and measures of vocational education and training

(1) The employer shall have the works council on the establishment and Provision of operational training facilities, the introduction of operational vocational training measures and participation in non-operational vocational training measures.(2) If the employer has planned or carried out measures which result in the activities of the workers concerned changing and their professional knowledge and skills no longer being sufficient to fulfil their duties, the employer shall: To be a member of the Works Council in the introduction of vocational training measures. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office. Non-official table of contents

§ 98 Implementation of operational training measures

(1) The works council has been responsible for the implementation of measures of in-company vocational training.(2) The works council may object to the appointment of a person responsible for the performance of vocational training or to require the person to be appointed if he/she is responsible for the personal or professional, in particular vocational and occupational pedagogical Suitability in the sense of the Vocational Training Act does not possess or neglect its tasks.(3) In the case of vocational training, the employer shall carry out operational vocational training measures, or shall be free, or shall bear the costs incurred by the participation of employees in such measures, for non-operational vocational training measures in whole or in part, the works council may make proposals for the participation of employees or groups of employees of the establishment in these measures of vocational training.(4) If agreement is not reached in the case referred to in paragraph 1 or via the participants proposed by the works council in accordance with paragraph 3, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(5) If an agreement is not reached in the case referred to in paragraph 2, the works council may ask the working court to give up the employer, to refrain from placing the order or to carry out the dismise. If the employer concurs with the appointment of a final court decision, he shall, at the request of the works council, be condemned by the labour court for ordering after a prior threat to a law of order; the The maximum order of the order amounts to 10,000 euros. If the employer fails to comply with a legally binding court decision, the working court, at the request of the works council, must recognize that the employer is to be held responsible for the convocation by means of periodic penalty payments; the employer The maximum amount of the penalty shall be EUR 250 for each day of the infringement. The provisions of the Vocational Training Act on the Order of Vocational Training remain unaffected.(6) Paragraphs 1 to 5 shall apply if the employer carries out other training activities in operation.

Third sub-section
Personnel individual measures

Non-official table of contents

§ 99 Co-determination in individual personnel measures

(1) In companies with generally more than twenty eligible persons The employer shall inform the works council before any setting, grouping, regrouping and transfer, to submit the necessary application documents and to provide information on the person of the parties concerned; he shall have the following information: to provide the works council with information on the effects of the planned measure and to obtain the approval of the works council on the planned measure, on presentation of the necessary documents. In the case of recruitment and dislocation, the employer shall communicate in particular the intended workplace and the intended grouping. The members of the works council shall be obliged to inform them of the personal circumstances and matters of the workers made known in the context of the personnel measures referred to in the first and second sentences of sentences 1 and 2, of their importance or their content, in accordance with of confidential treatment, not to remain silent; § 79 (1) sentences 2 to 4 shall apply accordingly.(2) The works council may refuse to consent if
1.
the personnel measure against a law, a a regulation, an accident prevention provision or a provision in a collective agreement or an operating agreement, or a court decision or an administrative order,
2.
the personal action would be in violation of a policy under § 95,
3.
which is a violation of the law , there is concern that workers employed in the operation of the operation will be terminated or that there are other disadvantages, without this being justified for operational or personal reasons, and shall be considered to be a disadvantage in the case of indefinite recruitment, also the failure to take account of an equally suitable temporary employee,
4.
the worker concerned by the staff measure without being justified on the grounds of operational or employee-related reasons,
5.
a requirement according to § 93 Call for tender remained in service or
6.
the concern is based on the facts of the facts that the prospective applicant for the personnel measure or employees are likely to disturb the business peace by unlawful conduct or by gross violation of the principles contained in Section 75 (1), in particular by means of racist or xenophobic activity.
(3) Denied the If the works council consent, it shall inform the employer in writing, stating the reasons within one week of being informed by the employer. If the works council does not inform the employer in writing of the refusal of its consent within the time limit, the agreement shall be deemed to have been granted.(4) If the works council refuses its consent, the employer may apply to the Labour Court to replace the consent. Non-official table of contents

§ 100 Preliminary personnel measures

(1) The employer can, if necessary for objective reasons, urgently need , the personnel measure within the meaning of Section 99 (1) sentence 1 shall be carried out on a provisional basis before the works council has expressed its opinion or if it has refused to consent. The employer has to inform the employee about the legal situation.(2) The employer shall immediately inform the works council of the provisional staff measure. If the works council denies that the measure is urgently required on objective grounds, it shall inform the employer immediately. In this case, the employer may only maintain the provisional staff measure if, within three days of the working court, he requests the replacement of the approval of the works council and the determination that the measure should be taken out of It was a matter of urgency.(3) If, by a final decision, the Court of First Instance departs from the replacement of the consent of the works council or finds it legally binding that the measure was manifestly not urgently necessary for objective reasons, the provisional Personal action with the expiry of two weeks according to the legal force of the decision. From that date on, the staff measure must not be maintained. Non-official table of contents

§ 101 Forced money

The employer carries out a personal measure within the meaning of section 99 (1) sentence 1 without the consent of the If he or she maintains a provisional staff measure contrary to § 100 para. 2 sentence 3 or para. 3, the works council may ask the working court to give the employer the right to cancel the personnel measure. If, contrary to a legally binding court decision, the employer does not lift the staff measure, the working court, at the request of the works council, must recognize that the employer is responsible for the annulment of the measure by means of penalty payments. is to be held. The maximum amount of the penalty shall be EUR 250 for each day of the infringement. Non-official table of contents

§ 102 Co-determination on dismissals

(1) The works council is to be heard before any notice. The employer shall inform him of the reasons for the dismissal. A notice of dismissal without hearing the works council is ineffective.(2) If the Works Council has concerns about a proper termination of the contract, it shall inform the employer in writing at the latest within one week, stating the reasons for the termination. If it does not express its opinion within this period, its consent to the termination shall be deemed to have been granted. If the works council has concerns about an extraordinary termination, it shall inform the employer in writing without delay, but at the latest within three days, of the reasons for the termination of the contract. The works council shall, in so far as it appears necessary, hear the workers concerned prior to its opinion. Section 99 (1) sentence 3 shall apply accordingly.(3) The works council may object to the ordinary notice of termination within the period of the first sentence of paragraph 2, if
1.
The employer has not, or has not taken sufficient account of, the social aspects of selecting the worker to be announced,
2.
the termination violates a policy in accordance with § 95,
3.
the employee to be announced on a ,
4.
the continued employment of the worker in the same holding or in another enterprise of the enterprise,
4.
Reasonable retraining or further training measures are possible or
5.
a further employment of the employee under amended contractual conditions is possible and the
() In spite of the fact that the works council has contradicted the termination of the contract in accordance with the provisions of paragraph 3, the employee has to give a copy of the opinion of the employer to the employee with the notice of termination of the notice of termination. To direct works councils.(5) If the works council has contradicted a proper notice of termination in the correct way and correctly, and if the employee has brought an action to the effect that the employment relationship has not been dissolved by the termination, according to the termination protection act, he/she shall The employer shall, at the employee's request, continue to employ the worker at the end of the period of notice until the final conclusion of the dispute with unchanged working conditions has been completed. At the request of the employer, the court may, by means of an inoperative disposition, release it from the obligation to continue employment in accordance with sentence 1, if
1.
the employee's lawsuit does not offer sufficient prospect of success or seems willingly, or
2.
the worker's continued employment would lead to an unreasonable economic burden on the employer, or
3.
the contradiction of the works council was obviously unfounded.
(6) Employers and works councils can agree that dismissals require the approval of the works council and In the event of disagreement on the authorization of the non-division of consent, the agreement shall be decided by the agreement.(7) The provisions concerning the participation of the works council in accordance with the law on protection of dismissal remain unaffected. Unofficial table of contents

§ 103 Extraordinary dismissal and dismissal in special cases

(1) The extraordinary cancellation of members of the works council, the representation of youth and trainees, the on-board representation and the Maritime Works Council, the electoral board and the election candidates shall require the approval of the works council.(2) If the works council refuses its consent, the working court may, at the request of the employer, replace it if the extraordinary termination is justified in the light of all the circumstances. In the proceedings before the Labour Court, the worker concerned shall be involved.(3) The translation of the persons referred to in paragraph 1, which would lead to a loss of office or eligibility, shall be subject to the approval of the works council; this shall not apply if the worker concerned agrees with the translation. Paragraph 2 shall apply in accordance with the proviso that the working court may replace the consent to the translation, if it also takes account of the position of the worker concerned in the operational constitutional position of the worker concerned. operational reasons. Unofficial Table Of Contents

§ 104 Removal of Disruptive Workers

If a worker has been wreted by illegal behavior or by a rough Failure of the principles contained in § 75 (1), in particular by means of racist or xenophobic actuations, repeatedly disturbingly disturb the operating peace, the works council may require the employer to dismiss or replace it. If the Labour Court makes a request by the works council to give the employer the right to dismiss or transfer it, and the employer does not lead the dismissal or the transfer of a final judicial decision against the employer. , at the request of the works council, it shall be recognized by the Labour Court that it is to be held responsible for taking the dismissal or the transfer by penalty payment. The maximum amount of the penalty shall be EUR 250 for each day of the infringement. Unofficial table of contents

§ 105 Conducting Employees

An intended cessation or personell change of a person referred to in Article 5 (3)

Sixth Section
Economic Affairs

First Subsection
Information in Economic Affairs

Non-official table of contents

§ 106 Economic Committee

(1) In all Enterprises with generally more than one hundred permanent employees shall be an economic committee to be formed. The Committee on Economic and Social Affairs has the task of advising economic affairs with the business owner and informing the works council.(2) The contractor shall inform the Economic Committee in a timely and comprehensive manner on the economic affairs of the undertaking, on presentation of the necessary documents, insofar as this does not cover the business and business secrets of the undertaking. of the company, as well as the resulting impact on human resources planning. In the cases referred to in paragraph 3 (9a), the required documents shall include, in particular, an indication of the potential acquirer and his/her intentions with regard to the future business of the undertaking and the consequent nature of the undertaking ' s activities. Effects on employees; the same applies if a bidding process is carried out in the run-up to the takeover of the company.(3) In particular, economic matters within the meaning of this provision include
1.
the economic and financial situation of the enterprise;
2.
the production and sales situation;
3.
the Production and Investment Program;
4.
Rationalization Project;
5.
Manufacturing and working methods, in particular the introduction of new working methods;
5a.
Questions of the environmental protection;
6.
the limitation or decommissioning of businesses or parts of businesses;
7.
the laying of businesses or parts of businesses;
8.
the merger or the division of Enterprise or enterprise;
9.
the change of the operational organization or operational purpose;
9a.
the acquisition of the company when this is related to the acquisition of the control, as well as
10.
other Operations and projects which are likely to affect the interests of the employees of the company.
Non-official table of contents

§ 107 Order and composition of the Economic Committee

(1) The Economic Committee shall consist of at least three and no more than seven members who must belong to the enterprise, including at least one member of the works council. Members of the Economic Committee may also be appointed to the employees referred to in § 5 (3). Members shall have the professional and personal aptitude necessary for the performance of their duties.(2) The members of the Economic Committee shall be appointed by the works council for the duration of his term of office. Where an overall works council exists, it shall determine the members of the Economic Committee; in this case, the term of office of the members shall expire at the time when the term of office of the majority of the members of the General Works Council, which shall be the subject of the provision have been authorized to participate, has expired. The members of the Committee on Economic and Monetary Affairs may be dismissed at any time, and the provisions of sentences 1 and 2 shall apply mutaly to the convening.3. The works council, acting by a majority of its members, may decide to delegate the tasks of the Economic Committee to a committee of the works council. The number of members of the Committee may not exceed the number of members of the operating committee. The works council may, however, appoint other employees, including the officers referred to in Article 5 (3), to the Committee up to the same number as the Committee; for the decision-making procedure, the first sentence shall apply. § 79 shall apply mutagens to the obligation to conceal the other employees referred to in sentence 3. The amendment and revocation of the decisions referred to in sentences 1 to 3 shall require the same majority of votes as for the decisions taken in accordance with the terms of sentences 1 to 3. Where a total works council is established in a company, it shall decide on the other way in which the tasks of the Committee on Economic and Monetary Affairs are to be carried out; the rates 1 to 5 shall apply accordingly. Non-official table of contents

§ 108 Sessions

(1) The Economic Committee is to meet once a month.(2) The business committee shall participate in meetings of the Economic Committee. He may add knowledgeable employees of the company, including the employees referred to in Section 5 (3). § 80 (3) and (4) shall apply mutagens to the obligation to draw up and to ensure the confidentiality of experts.(3) The members of the Economic Affairs Committee shall be entitled to inspect the documents to be submitted pursuant to Section 106 (2).(4) The Committee on Economic and Economic Affairs shall report to the works council immediately and in full on each meeting.(5) The annual accounts shall be explained to the Economic Committee with the participation of the works council.(6) If the works council or the General Works Council has decided otherwise to carry out the tasks of the Economic Committee, paragraphs 1 to 5 shall apply mutatily. Non-official table of contents

§ 109 Settlement of disagreements

Will provide information on the economic affairs of the company in the § 106, contrary to the request of the Economic Committee, does not grant, in good time or only insufficiently, and if an agreement is not reached between the entrepellant and the works council, the settlement body shall decide. The agreement between the employer and the works council will be replaced by the agreement of the unification office. The entity may, if necessary for its decision, consult experts; Section 80 (4) shall apply accordingly. If the works council or the General Works Council has decided otherwise to carry out the tasks of the Committee on Economic and Monetary Affairs, then the first sentence shall apply accordingly. Non-official table of contents

§ 109a Corporate takeover

In the case of companies that do not have a business committee, in the case of section 106 (3) no. 9a of the works council to participate in accordance with § 106 (1) and (2); § 109 shall apply accordingly. Non-official table of contents

§ 110 Information for employees

(1) In companies with generally more than 1,000 employees, Employees shall, at least once in each calendar quarter after prior consultation with the Economic Committee or the bodies referred to in Article 107 (3) and the Works Council, have the employees in writing on the economic To inform the situation and development of the company.(2) In undertakings which do not satisfy the conditions set out in paragraph 1 but which normally employ more than twenty permanent employees entitled to vote, paragraph 1 shall apply with the proviso that the information to be provided to employees may be effected orally. If an economic committee is not to be set up in these companies, the information shall be provided after prior consultation with the works council.

Second Subsection
Operating Changes

unofficial table of contents

§ 111 operational changes

In companies with generally more than 20 eligible employees, the To inform the works council of any proposed changes in operations which may lead to significant disadvantages for the workforce or significant parts of the workforce, in a timely and comprehensive manner and with the planned changes in the operation, including: advising the works council. The works council may, in companies with more than 300 employees, consult an adviser for its assistance; § 80 (4) shall apply accordingly; moreover, section 80 (3) shall not be affected.
1.
Restriction and decommissioning of the entire operation shall be deemed to be operational changes within the meaning of sentence 1. or of significant operating parts,
2.
Transfer of the whole operation or of major operating parts,
3.
merger with other businesses or the division of businesses,
4.
fundamental changes to the Operational organization, operational or operating assets,
5.
Introduction of fundamentally new working methods and manufacturing techniques.
Non-Official Table of Contents

§ 112 Interests of Interests of Change of Change, Social Plan

(1) Comes between Business and Business Council Compensation of interests concerning the planned change of operation shall be established in writing and shall be signed by the contractor and the works council. The same is true of an agreement on compensation or the alleviation of the economic disadvantages suffered by workers as a result of the planned change in the operation (social plan). The social plan has the effect of an operating agreement. Section 77 (3) shall not apply to the social plan.(2) If a balance of interests is not established via the planned change of operation or an agreement on the social plan, the entrepre or the works council may request the management board of the Federal Employment Agency for mediation, the board of directors may the task is transferred to other staff members of the Federal Employment Agency. If no mediation request is made or if the mediation attempt remains inconclusive, the entrepellant or the works council can call the deposit. At the request of the Chairman of the Federal Employment Agency, a member of the Executive Board of the Federal Employment Agency or a staff member of the Federal Employment Agency appointed by the Executive Board of the Federal Employment Agency shall take part in the hearing.(3) Entrepreneurs and works councils shall make proposals to the conciliation body to settle disagreements on the balance of interests and the social plan. The conciliation body has to try to reach agreement between the parties. If an agreement is reached, it shall be established in writing and shall be signed by the parties and by the chairman.(4) If agreement is not reached on the social plan, the unit shall decide on the establishment of a social plan. The agreement between the employer and the works council will be replaced by the agreement of the unification office.(5) In its decision referred to in paragraph 4, the entity must take account both of the social interests of the workers concerned and of the economic viability of its decision for the undertaking. Within the framework of cheap discretion, the unit of integration has to be guided in particular by the following principles:
1.
It is intended to compensate for or mitigate economic disadvantages, in particular by reducing income, eliminating special benefits or loss of service occupational pension schemes, removal costs or increased travel costs, services which, as a rule, take account of the circumstances of the individual case.
2.
to take account of the prospects of the workers concerned in the labour market. It is intended to exclude workers from benefits which can be further employed in a reasonable employment relationship in the same establishment or in another company of the undertaking or of a company belonging to the group and which Rejecting further employment; the possible continued employment in another place does not justify the unacceptability of itself.
2a.
It is intended in particular that the 3.
3.
It has been the case with the third book of the Social Security Code.
3.
The overall amount of social plan benefits must be paid to ensure that the continued existence of the company or the remaining jobs after the operation of the company changes are not endangered.
A non-official table of contents

§ 112a Enforceable social plan in case of staff reduction, new start-ups

(1) Consists of a planned change of operation within the meaning of § 111 sentence 3 no. 1 alone in the Dismissal of workers, § 112 (4) and (5) shall apply only if
1.
in establishments with in as a rule fewer than 60 employees 20 of the hundred of the regularly employed workers, but at least 6 employees,
2.
in enterprises with as a rule at least 60 and fewer than 250 employees 20 of the hundred of the regular employees or at least 37 employees,
3.
in enterprises with as a rule at least 250 employees and less than 500 employees 15 of the hundred of the regular employees or at least 60 employees,
4.
in enterprises with as a rule at least 500 employees 10 of the hundred of the regularly employed workers, but at least 60 workers
should be made redundant for operational reasons. The dismissal also applies to the withdrawal of employees from the employer on the grounds of cancellation contracts, which is the reason for the change in the company's business.(2) § 112 (4) and (5) shall not apply to establishments of a company in the first four years after its establishment. This does not apply to start-ups in the context of the legal restructuring of companies and groups. The starting date for the establishment is the admission of a gainful employment, which is to be communicated to the tax office pursuant to § 138 of the Tax Code. Non-official table of contents

§ 113 Night Ice Balance

(1) The business owner is in a position to compensate for the planned change of operation without the need for a change of interest. for compelling reasons, employees who are dismissed as a result of this derogation may bring an action before the Labour Court with the application to condemn the employer for the payment of severance payments; § 10 of the termination protection act shall apply accordingly.(2) As a result of a derogation provided for in paragraph 1, workers suffer from other economic disadvantages, the trader shall have to compensate for these disadvantages up to a period of twelve months.(3) Paragraphs 1 and 2 shall apply mutatily if the trader carries out a planned change of operation in accordance with § 111 without having attempted to balance the interests with the works council and, as a result of the measure, workers are dismissed or other economic disadvantages.

Fifth Part
Special Rules for Single Operating Types

First Section
Seeschifffahrt

Non-official table of contents

§ 114 Principles

(1) On maritime shipping companies and their businesses, this is the Law shall apply unless otherwise provided by the provisions of this Section.(2) Maritime undertakings within the meaning of this Act shall be a company which operates merchant shipping and has its registered office within the scope of this Act. For the purposes of this Section, a maritime undertaking shall also operate as a correspondent shipowner, contract shipowner, supplier or, on the basis of a similar legal relationship, ships used for purchase by sea shipping if he/she is an employer. of the master and of the crew members, or in the majority of the duties of the employer.3. Maritime operations within the meaning of this Act shall apply to all ships of a maritime undertaking, including the vessels referred to in the second sentence of paragraph 2.(4) Ships within the meaning of this Act are carriers which, in accordance with the law of the flag of law, lead the flag of the Federal Republic of Germany. Ships which normally return to the headquarters of a farm within 24 hours after leaving the country shall be considered as part of the land operation of the maritime undertaking.(5) Youth and trainees ' representatives shall be formed only for the land holdings of sea shipping companies.(6) Members of the crew within the meaning of this Act are those employed in a maritime or vocational training relationship with a seagoing company, with the exception of the master. Senior employees within the meaning of Section 5 (3) of this Act are only the captains. Non-official table of contents

§ 115 On-board representation

(1) On ships that usually occupy at least five eligible crew members. , of which three are selectable, an on-board representation is chosen. The rules on the rights and obligations of the works council and the legal status of its members shall apply to the on-board representation, insofar as this law or other legal provisions do not provide otherwise.(2) The rules governing the choice and composition of the works council shall apply with the following conditions:
1.
Eligible are all crew members of the ship.
2.
The crew members of the Ship which is 18 years old on election day. A year and a year have been a crew member of a ship which, according to the flag law, carries the flag of the Federal Republic. § 8 para. 1 sentence 3 remains unaffected.
3.
The on-board representation is on board ships with as a rule

5 to 20 Eligible Crew Members
from a person,
21 to 75 Eligible Crew Members
from three members,
Over 75 Eligible crew members
made up of five members.
4.
(omitted)
5.
§ 13 Paragraphs 1 and 3 shall not apply. The on-board representation shall be re-elected before the end of its term of office under the conditions set out in section 13 (2) no. 2 to 5.
6.
The members of the crew entitled to vote by a majority of the votes, may decide to elect the on-board representation within 24 hours.
7.
The period referred to in § 16 (1) sentence 1 shall be based on two weeks, the time limit referred to in § 16 (2) sentence 1 shall be reduced to one week.
8.
The on-board representation in the office shall not be given an electoral board in good time, or If there is no on-board representation, the electoral board shall be elected by the majority of the members of the crew present in an on-board assembly; Section 17 (3) shall apply accordingly. If, for reasons of maintenance of the proper operation of the ship, an on-board meeting cannot take place, the master may, at the request of three persons entitled to vote, appoint the electoral board. If the captain does not order the electoral board, the Maritime Works Council shall be entitled to appoint the electoral board. The rules on the appointment of the electoral board by the Labour Court remain unaffected.
9.
The deadline for the election of the electoral board begins for crew members. The vessel shall, for the first time, enter a port within the scope of this Act or a port in which a SeemannOffice is located, after the date of the announcement of the result of the vote. The electoral challenge can also be explained in the protocol of the Seemannsamtes. If the election is challenged with the on-board representation, the Seemannsamt pulls the voting documents on board. The declaration of appeal and the drawn-in election documents shall be forwarded by the SeemannOffice immediately to the working court responsible for the dispute.
(3) The term of office of the on-board representation shall be subject to § § 21, 22 to 25 with the provision of Application that
1.
is a year of office,
2.
The membership of the onboard office also ends when the crew member ends the service on board, unless it is on board before the end of the term of office according to point 1
(4) § § 26 to 36, § 37 (1) to (3) and § § 39 to 41 shall apply to the management of the onboard representation. Section 40 (2) must be applied with the proviso that, in the extent necessary for its activities, the onboard representative shall also use the means set up to link the ship to the shipping company for the accelerated transmission of messages. can take.(5) § § 42 to 46 of the General Assembly shall apply to the assembly of the crew members of a ship (on-board assembly). At the request of the on-board representation, the master of the on-board assembly shall report on the voyage and related matters. It has to answer questions concerning the operation of the ship, the voyage of ships and the safety of ships.(6) § § 47 to 59 of the General Works Council and the Group Works Council shall not apply to the on-board representation.(7) § § 74 to 105 on the participation and participation of employees shall apply to the on-board representation with the following conditions:
1.
The on-board representation is responsible for the handling of matters subject to the participation and participation of the works council, which are subject to the on-board operation or the crew members of the ship and whose rules are the responsibility of the master on the basis of legal provisions or of the powers conferred upon him by the shipping company.
2.
If there is no agreement between the captain and the onboard representation in a matter of participation or co-determination of the onboard representation, the matter may be shall be delivered to the Maritime Works Council by the on-board representation. The Maritime Works Council shall inform the on-board representation of the further handling of the matter. On-board representation and captain shall only be allowed to call the registration office or the labour court if a Maritime Works Council is not elected.
3.
The on-board representation and the master can , within the limits of their responsibilities, conclude on-board The provisions relating to operating agreements shall apply in accordance with on-board agreements. On-board agreements are inadmissible in so far as a matter is governed by an operating agreement between the Maritime Works Council and the employer.
4.
In matters, which are subject to the co-determination of the on-board representation, the master, even if an agreement with the on-board representation has not yet been reached, may make provisional arrangements if this is urgent for the maintenance of the proper operation of the ship is required. The crew members affected by the order shall be aware of the preliminary nature of the scheme. To the extent that the provisional arrangement does not comply with the final regulation, the shipping company has to compensate for the disadvantages caused by the provisional arrangement to the crew members.
5.
The onboard representation has the right to have regular and comprehensive information about the ship's operation. The required documents shall be submitted to the on-board representation. Ship operations include, in particular, ship safety, itineraries, estimated arrival and departure times, and cargo to be transported.
6.
The master's representative shall require the master to inspect the ship's diaries on board. In cases where the master makes a registration on matters which are subject to the participation or participation of the onboard representation, the master may require a copy of the registration and make statements on the ship ' s diary. In cases where an agreement between the master and the on-board representation is not reached on a matter subject to the participation or participation of the onboard representative, the on-board representation may declare this to the ship ' s diary and A copy of this registration is required.
7.
The responsibility of the on-board representation in the context of occupational safety and health also relates to ship safety and to the Cooperation with the relevant authorities and other relevant bodies.
Non-official table of contents

§ 116 Sea Works Council

(1) Maritime works councils are elected by sea operators. The rules on the rights and obligations of the works council and the legal status of its members shall apply to the Maritime Works Councils, in so far as this law or other legal provisions do not give effect to another.(2) The rules governing the choice, composition and term of office of the works council shall apply with the following conditions:
1.
Eligible for the Maritime Works Council are all crew members belonging to the sea shipping company.
2.
For dialing to the Maritime Works Council, § 8 applies, with the proviso that
a)
in sea shipping companies, which include more than eight ships, or in which more than 250 crew members are usually employed, only according to § 115 para. 2 no. 2 eligible members of the crew are eligible;
b)
in cases where the conditions of subparagraph (a) are not available, only employees who are eligible under section 8 of the Have a choice in the land operation of the shipping company, unless the employer agrees with the choice of crew members.
3.
The Maritime Works Council consists of a person, 401 to 800 persons entitled to vote in Seeoperated, with the rule 5 to 400 eligible crew members from three Members, more than 800 eligible members of the crew from five members.
4.
A nomination is valid if, in the case of Section 14 (4) Sentence 1, first half-sentence
5.
§ 14a is not applicable.
6.
The period referred to in § 16 (1) sentence 1 is extended to three months, the time limit referred to in § 16 (2) sentence 1.
7.
The members of the electoral board can also be employed in the land-use of the shipping company. Section 17 (2) to (4) shall not apply. If there is no Marine Works Council, the General Works Council or, if not, the Group Works Council shall appoint the electoral board. If there is neither a General Works Council nor a Group Works Council, the electoral board is appointed jointly by the employer and the trade unions represented by the Seebetrieb; the same shall apply if the General Works Council or the Group Works Council orders the order of the electoral board as set out in sentence 3. If employers and unions do not agree, the Labour Court shall appoint him at the request of the employer, a trade union represented in the maritime sector, or of at least three members of the crew entitled to vote. Section 16 (2) sentences 2 and 3 shall apply accordingly.
8.
The deadline for the election of the crew in accordance with Section 19 (2) shall begin on board members of the crew if the ship has been notified after the announcement of the for the first time, a port within the scope of this Act or a port in which a SeemannOffice has its seat. After the expiry of three months since the announcement of the result of the election, a declaration of electoral law is inadmissible. The electoral challenge can also be explained in the protocol of the Seemannsamtes. The Declaration of Appeal shall be forwarded immediately by the SeemannOffice to the working court responsible for the dispute.
9.
The membership of the Maritime Works Council shall end, if the Maritime Works Council is composed of crew members, even if the member of the Maritime Works Council is no longer a crew member. The property as a crew member shall not be affected by the activity in the Maritime Works Council or by an employment pursuant to paragraph 3 no. 2.
(3) § § 26 to 41 on the management of the works council shall be found on the Maritime Works Council with The following shall apply:
1.
In matters in which the Maritime Works Council under this Act within a specified period of time, by way of derogation from Article 33 (2), it may take a decision without regard to the number of members who have been in the meeting, if the members have been summoned properly
2.
As far as the members of the Maritime Works Council are not to be exempted, they are to be employed in such a way that they are not prevented by their activities, the tasks of the Maritime Works Council. The workplace is intended to correspond to the skills and knowledge of the member of the Maritime Works Council and his previous professional position. The place of work shall be determined by agreement with the Maritime Works Council. If an agreement is not reached on the determination of the workplace, the settlement body shall decide. The appeal of the settlement replaces the agreement between the employer and the Maritime Works Council.
3.
The members of the Maritime Works Council, who are crew members, is the This year will also continue to be paid when they are employed in the country holding. It shall be appropriate to depart appropriate measures. If the new workplace is higher, the salary corresponding to that job must be paid.
4.
Taking into account the local conditions, it is possible to pay the job. The accommodation of the crew members elected to the Maritime Works Council shall be subject to a settlement between the Maritime Works Council and the employer if the place of work is not located at the place of residence. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the Maritime Works Council replaces the agreement between the employer and the Maritime Works Council.
5.
The Maritime Works Council has the right to ship any ship belonging to the Maritime Company. in the course of his duties, as well as to attend the meetings of the on-board representation. Section 115 (7) (5) sentence 1 shall apply accordingly.
6.
If a ship is located in a port within the scope of this Act, the Maritime Works Council shall be able to: Inform the captain's office hours on board and carry out board meetings of the crew members.
7.
If a ship is running within a calendar year no port within the scope of this law, points 5 and 6 shall apply to European ports. The locks of the North-East Sea are not considered as ports.
8.
In agreement with the employer, office hours and on-board meetings may vary, notwithstanding points 6 and 7, also carried out in other ship ports of the ship, if there is an urgent need for this. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the Maritime Works Council replaces the agreement between the employer and the Maritime Works Council.
(4) § § 42 to 46 of the Annual General Assembly shall not apply to the operation of the sea.(5) In the case of maritime operations, the Maritime Works Council shall carry out the duties, powers and duties assigned to the works council in Sections 47 to 59 of the works council.(6) § § 74 to 113 on the participation and participation of employees shall apply to the Maritime Works Council, subject to the following conditions:
1.
The Maritime Works Council is responsible for the treatment of matters subject to the participation or participation of the works council under this Act,
a)
all or several ships of the sea operation or crew of all or more ships of maritime operations,
b)
which have been submitted by the on-board representation pursuant to § 115 (7) (2), or
c)
for which the on-board representation is not responsible according to § 115 paragraph 7 no. 1
2.
The The Maritime Works Council shall be regularly and fully informed of the shipping operation of the maritime transport company. The required documents are to be submitted to it.

Second section
Aviation

unofficial table of contents

§ 117 apply to aviation

(1) This law applies to air carriers ' landholdings.(2) In the case of air carrier workers employed in flight operations, a representation may be established by collective agreement. The collective agreement may provide for derogations from this law by means of the cooperation of this representation with the representatives of the employees of the airlines of the air carrier, which are to be set up under this Act. name="BJNR000130972BJNG002702308 " />

Third Section
Tendenzbetriebe and Religious Communities

Non-official Table of contents

§ 118 Application for Tendenzers and Religious Communities

(1) For companies and businesses that are directly and predominantly
1.
political, coalitionolitic, confessional, charitable, educational, scientific or artistic determinations or
2.
The purposes of reporting or expression to which Article 5 (1) sentence 2 of the Basic Law applies
do not comply with the provisions of this Act. Use, in so far as the nature of the undertaking or of the holding is contrary to that. § § 106 to 110 are not to apply § § 111 to 113 only to the extent that they regulate the compensation or the alleviation of economic disadvantages for the employees as a result of changes in the company's operating conditions.(2) This law does not apply to religious communities and their charitable and educational institutions, without prejudice to their legal form.

Sixth part of
Criminal and Penal Regulations

unofficial table of contents

§ 119 criminal offences against operating constitutional bodies and their members

(1) with custodial sentences up to one Year or fine is punished who
1.
an election of the works council, the youth and Representation, representation, the Maritime Works Council or the representations of the employees referred to in Article 3 (1) Nos. 1 to 3 or 5 hinders or by the addition or threat of handicaps or by granting or undertaking the promise of Benefits,
2.
the activities of the works council, the overall works council, the group works council, the youth and trainee representation, the total youth and Representation of the company-youth and trainees 'representation, the on-board representation, the Maritime Works Council, the employees' representations referred to in § 3 (1), the office of entry, the collective agreements referred to in Article 76 (8). Conciliation body, the operational complaint body or the Economic Committee referred to in Article 86 obstructs or interferes with it, or
3.
a member or a member of the Economic Committee. Substitute member of the works council, the general works council, the group works council, the youth and trainee representation, the total youth and trainee representation, the group youth and trainee representation, the on-board representation, the The Maritime Works Council, the employees ' representations referred to in Article 3 (1), the settlement body, the conciliation body referred to in Article 76 (8), the company complaint body referred to in Article 86, or the Economic Committee for its (
)
act is only at the request of the Works Council, the General Works Council, the Group Works Council, the Board of Directors, and the Board of Directors, the Board of Directors, the Board of Directors, the Board of Directors, the Board of Directors, the Board of Directors, the Group Works Council, the Board of Directors, of the Maritime Works Council, one of the representations of the employees, of the electoral board, of the entrepre or of a trade union represented on the holding, referred to in section 3 (1). Unofficial table of contents

§ 120 Violation of secrets

(1) Any unauthorised disclosure of a foreign operating or business secrecy to him or her of its property as
1.
Member or substitute member of the works council or any of the members of the works council in § 79 para. 2
2.
Representative of a union or employers ' association,
3.
Experts who have been consulted by the works council pursuant to § 80 (3) or have been consulted by the unit under Section 109, sentence 3,
3a.
Adviser who has been added by the works council pursuant to § 111 sentence 2,
3b.
The information person who is responsible for the Works council pursuant to § 80 (2) sentence 3 has been made available, or
4.
Employees who are employees of the works council pursuant to § 107 (3) sentence 3 or by the Economic Committee In accordance with Section 108 (2) sentence 2,
has become known and has been expressly referred to by the employer as being in need of secrecy, shall be punished with imprisonment of up to one year or a fine.(2) Likewise, it shall be punished who unduly discloses a foreign secret of a worker, including a secret belonging to his personal life, which he or she has in his capacity as a member or a substitute member of the works council; or one of the bodies referred to in Article 79 (2) has become known and is to be kept silent under the provisions of this Act.(3) If the offender is against payment or in order to enrich himself or another or to harm another person, the penalty shall be punishable by imprisonment of up to two years or a fine. Likewise, it shall be punished who shall devote unauthorised persons to a foreign secret, in particular an operational or commercial secret, to the secrecy of which he is bound by paragraphs 1 or 2.(4) Paragraphs 1 to 3 shall also apply where the offender reveals or utilises the foreign secret after the death of the person concerned without authorisation.(5) The deed shall only be pursued at the request of the injured person. If the injured person dies, the right of application shall be applied to the relatives in accordance with Section 77 (2) of the Penal Code, if the secret belongs to the personal life of the injured person; in other cases, the heirs shall be informed of the heirs. If the perpetrator reveals the secret after the death of the person concerned, the sentence 2 shall apply mutatily. Non-official table of contents

§ 121 Bußmonetary provisions

(1) Contrary to law, who is one of the first sentence of § 90 (1), 2 sentence 1, § 92 (1) sentence 1 also in The connection with paragraph 3, section 99 (1), § 106 (2), § 108 (5), § 110 or § 111 of the information or disclosure requirements does not fulfil, truthfully, incomplete or late.(2) The administrative offence can be punished with a fine of up to ten thousand euros.

Seventh part
Change of laws

A non-official table of contents

§ 122

(Change of Civil Code)
(backgroundless) A non-official table of contents

§ 123

(amendment of the termination protection act)
(unopposed) unofficial table of contents

§ 124

(amendment to labor court law)
(unequal)

eighth part
transition-and Final rules

Non-official table of contents

§ 125 First-time elections under this law

(1) The first time Council elections in accordance with § 13, paragraph 1, take place in 1972.(2) The first-time elections of the youth and trainee representation pursuant to Article 64 (1) sentence 1 shall take place in 1988. The term of office of the youth representation ends with the announcement of the election result of the newly elected youth and trainee representation, at the latest by the 30. November 1988.(3) On elections of the works council, the on-board representation, the Maritime Works Council and the youth and trainee representation, which shall be held after the 28. The first Regulation on the Implementation of the Works Constitution Act of 16 July 2001 will be launched in July 2001. January 1972 (BGBl. 49), as last amended by Regulation vm 16. January 1995 (BGBl. 43), the Second Regulation on the Implementation of the Law on the Constitution of the European Union of 24. October 1972 (BGBl. 2029), as last amended by the Regulation of 28 June 2008. September 1989 (BGBl. 1795) and the Regulation on the conduct of the works council elections in the postal companies of 26 January 2011. June 1995 (BGBl. 871) until such time as they are amended accordingly.(4) In addition to the simplified voting procedure in accordance with Section 14a, the First Regulation on the implementation of the Law on the Law of the Works Constitution shall apply, until such time as amended with the following measures:
1.
The deadline for the election meeting's invitation to elect the electoral board in accordance with Section 14a (1) of the Act is at least seven days. The invitation must include the place, day and time of the election meeting, as well as the indication that election proposals for the election of the works council can be made by the end of this election assembly (Section 14a (2) of the Act).
2.
§ 3 will apply as follows:
a)
In the In the case of Section 14a (1) of the Act, the electoral board at the election meeting shall issue the election letter. The opposition period in accordance with § 3 para. 2 no. 3 shall be reduced to three days. The indication in accordance with § 3 paragraph 2 no. 4 must contain the number of minimum seats of sex in the minority (§ 15 para. 2 of the law). By way of derogation from Section 3 (2) No. 7, the election proposals shall be submitted to the election board for election of the electoral board. In addition to Section 3 (2) No. 10, the electoral code shall specify the place, day and time of the subsequent vote (Section 14a (4) of the Law).
b)
In the case of Section 14a (3) of the The Electoral Committee shall immediately issue the election letter with the measures referred to in point (a) to § 3 (2) (3), (4) and (10). By way of derogation from § 3 (2) (7), the election proposals must be submitted to the electoral board at the latest one week before the election meeting (section 14a (3) sentence 2 of the law)
3.
The opposition period of § 4 (1) is shortened to three days.
4.
§ § 6 to 8 and § 10 paragraph 2 appropriate application, with the proviso that the election will be made on the basis of election proposals. In the case of Section 14a (1) of the Act, the election proposals must be submitted to the election of the electoral board before the election meeting; in the case of section 14a (3) of the Act, the election proposals shall be submitted no later than one week before the election. Election of the Works Council (Section 14a (3) sentence 2 of the Act) to the Electoral Board.
5.
§ 9 does not apply.
6.
The election process is subject to § § 21ff. appropriate application. On the ballot papers, the candidates must be listed in alphabetical order, specifying the surname, first name and type of employment in the holding.
7.
§ 25 (5) up to 8 shall not apply.
8.
§ 26 para. 1 shall apply with the proviso that the person entitled to vote shall be required to vote in writing no later than three days Prior to the election meeting day of the election of the works council, the election board must have been informed.
9.
§ 31 shall apply in accordance with the condition that the election of the Youth and trainee representation due to election proposals.
unofficial table of contents

§ 126 empowerment for the adoption of Ordinances

The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Bundesrat, to adopt legal regulations to regulate the elections referred to in § § 7 to 20, 60 to 63, 115 and 116 above
1.
the preparation of the election, in particular the list of voter lists and the calculation of the Number of representatives;
2.
the deadline for inclusion in the voter lists and the collection of objections against them;
3.
the proposal lists and the deadline for their submission;
4.
the term of the election and the deadlines for its contract notice;
5.
the vote;
5a.
the distribution of seats in the works council, in the on-board representation, in the Maritime Works Council, as well as in the representation of young people and trainees on the sexes, even as far as the seats cannot be filled pursuant to § 15 (2) and § 62 (3);
6.
the determination of the election result and the time limits for its notice;
7.
the retention of the Wahlakten.
unofficial table of contents

§ 127 referrals

As far as other regulations refer to regulations, or labels , which shall be repealed or amended by this Act, shall replace the relevant provisions or designations of this Act. Non-official table of contents

§ 128 Existing deviating collective agreements

The date of entry into force of this Act pursuant to Section 20 (3) of the Operating Constitutional Law of 11. This Act does not apply to collective agreements in force on the establishment of another representation of workers in respect of establishments in which, owing to their own nature, the establishment of works councils face particular difficulties. touched. unofficial table of contents

§ 129

(omitted) unofficial Table of Contents

§ 130 Public Service

This law does not apply to administrations and businesses of the federal government, the Länder, the municipalities and other bodies, institutions and foundations of public law. unofficial table of contents

§ 131 (Berlin-clause)

(unopposed) A non-official table of contents

§ 132

(Entry into force)