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Operating Constitutional Law

Original Language Title: Betriebsverfassungsgesetz

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Operating Constitutional Law

Unofficial table of contents

BetrVG

Date of completion: 15.01.1972

Full quote:

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

Status: New by Bek. v. 25.9.2001 I 2518;
Last amended by Art. 3 (4) G v. 20.4.2013 I 868

For more details, please refer to the menu under Notes
§ 21a idF d. Article 1 (51) G v. 23.7.2001 I 1852 provides for the implementation of Article 6 of Council Directive 2001 /23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of the transition of Undertakings, businesses or parts of businesses (OJ L 327, 22. EC No L 82 p. 16). § 75 idF d. Article 1 (51) G v. 23.7.2001 I 1852 partly provides for the implementation of Council Directive 2000 /78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 378, 27.12.2000, p. EC No L 303 p. 16).

Footnote

(+ + + Text proof applicable: 1.1.1975 + + +) 
(+ + + measures due to EinigVtr cf. BetrVG Annex EV;
not to be applied in accordance with Art. 109 (3) (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)
ERL 78/2000 (CELEX Nr: 300L0078) G v. 23.7.2001 I 1852 + + +)

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Content Summary

Part one General provisions § § 1 to 6
Part two Works council, operating assembly, total and group works council § § 7 to 59a
First section Composition and choice of works council § § 7 to 20
Second section Term of office of works council § § 21 to 25
Third Section Management of the works council § § 26 to 41
Fourth Section Operating Assembly § § 42 to 46
Fifth Section Total Works Council § § 47 to 53
Sixth Section Group Works Council § § 54 to 59a
Part Three Youth and trainee representation § § 60 to 73b
First section Company youth and trainee representation § § 60 to 71
Second section Total youth and trainee representation § § 72 to 73
Third Section Group-youth and trainee representation § § 73a to 73b
Fourth part Participation and participation of workers § § 74 to 113
First section General § § 74 to 80
Second section Participation and right of appeal of the employee § § 81 to 86a
Third Section Social Affairs § § 87 to 89
Fourth Section Design of workplace, work flow and work environment § § 90 to 91
Fifth Section Personnel matters § § 92 to 105
First subsection General Personnel Affairs § § 92 to 95
Second subsection Vocational training § § 96 to 98
Third Subsection Individual measures § § 99 to 105
Sixth Section Economic Affairs § § 106 to 113
First subsection Information in economic matters § § 106 to 110
Second subsection Operational Changes § § 111 to 113
Fifth Part Specific rules for individual operating modes § § 114 to 118
First section Maritime transport § § 114 to 116
Second section Aviation Section 117
Third Section Tenzbetriebe and religious communities Section 118
Sixth Part Criminal and penal rules § § 119 to 121
Seventh Part Amendment of laws § § 122 to 124
Eighth Part Transitional and final provisions § § 125 to 132

Part one
General provisions

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§ 1 Establishment of works councils

(1) Works councils shall be elected in establishments with, as a rule, at least five permanent and eligible employees, three of whom are eligible. This also applies to joint enterprises of several companies. (2) A joint operation of several companies is presumed if:
1.
for the pursuit of work-related purposes, the resources and the employees are jointly used by the undertakings, or
2.
the division of a company means that one or more operating parts are assigned to one of the other companies involved in the division without significant changes in the organization of the operation concerned.
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§ 2 Position of trade unions and employers ' associations

(1) The employer and the works council shall cooperate, in accordance with the applicable collective agreements, in a spirit of trust and in cooperation with the trade unions and employers ' associations represented on the holding for the benefit of the employees and the establishment. (2) In order to carry out the duties and powers of the trade unions represented on the holding, the representatives of the latter shall, after informing the employer or his representative, grant access to the holding, in so far as they are not essential necessities of the course of operations, mandatory (3) The tasks of the trade unions and the employers ' associations, in particular the exercise of the interests of their members, shall not be taken into account by this Act. touched. Unofficial table of contents

§ 3 Deviating regulations

(1) By collective agreement it is possible to determine:
1.
for companies with several holdings
a)
the formation of a single company works council; or
b)
the summary of establishments;
if this facilitates the formation of works councils or serves to ensure that the interests of workers are properly carried out;
2.
for companies and groups, insofar as they are organised according to product or project-related business units (divisions) and the management of the division also takes decisions on matters subject to participation, the formation of works councils in the divisions (SpartenWorks Councils), if this serves the proper performance of the duties of the works council;
3.
other employee representation structures, in so far as this is the effective and appropriate representation of the interests of the employees, in particular because of the organization of operations, the organization of undertakings or the group, or other forms of cooperation between undertakings; workers;
4.
additional company constitutional bodies (working groups), which are used for the cross-company cooperation of employees ' representatives;
5.
additional company constitutional representations of the employees, which facilitate the cooperation between works council and employees.
(2) If, in the cases referred to in paragraph 1 (1), (2), (4) or (5), there is no collective agreement and no other collective agreement applies, the scheme may be concluded by means of an operating agreement. (3) If, in the case referred to in paragraph 1 (1) (a), there is no provision for non-tariff regulation and there is no works council in the company, the employees may decide by majority of votes the choice of a single company works council. The vote may be taken by at least three persons entitled to vote in the undertaking or a trade union represented in the undertaking. (4) Unless otherwise specified in the collective agreement or the operating agreement, the following shall be taken: to apply the rules referred to in paragraph 1 (1) (1) to (3) for the first time in the case of the next regular selection of works council, unless there is no works council or, for other reasons, a re-election of the works council is necessary. Where the collective agreement or the operating agreement provides for a different date of voting, 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) Collective agreements or an operating agreement according to the provisions of 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. Unofficial table of contents

§ 4 Operating parts, micro-enterprises

(1) Operating parts shall be deemed to be independent holdings if they fulfil the conditions set out in the first sentence of section 1 (1) and
1.
far away from the main farm, or
2.
by the role and organization of the organization.
The employees of an operating part, in which no own works council exists, may decide by a majority of votes to participate in the election of the works council in the main holding; § 3 (3) sentence 2 shall apply mutagenally. 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. For the revocation of the decision, the sentences 2 to 4 apply accordingly. (2) Holds which do not fulfil the conditions of § 1 para. 1 sentence 1 are to be assigned to the main establishment. Unofficial table of contents

§ 5 Employees

(1) Workers (employees) within the meaning of this Act are workers and employees, including those employed for their vocational training, whether in use, 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. Employees are also civil servants (civil servants), soldiers (soldiers) and public service employees, including those employed for their vocational training, which are organised in companies under private law. (2) As workers within the meaning of this Act, do not apply:
1.
in establishments of a legal person, the members of the institution which is appointed to represent the legal person in law;
2.
the members of an open trading company or members of another population, insofar as they are appointed by law, statutes or social contract to represent the entire population or to the management, in the course of which they are represented. Operating;
3.
persons whose employment does not primarily serve their acquisition, but is primarily determined by motives of a charitable or religious nature;
4.
persons whose employment is not primarily intended for their acquisition and who are mainly employed for healing, re-accutation, moral improvement or upbringing;
5.
the spouse, the life partner, the relative and the wasted first degree, who live in domestic community with the employer.
(3) This Act shall not apply to senior employees, unless expressly stated otherwise in the law. Senior employee is, who according to the employment contract and position in the company or in the company
1.
is entitled to self-employment and dismissal of workers employed in the holding or in the operations department; or
2.
Attorney General or Prokura has and the Prokura is also not insignificant in relation to the employer, or
3.
carry out regular other tasks which are relevant to the stock and development of the undertaking or of an establishment and whose fulfilment requires particular experience and knowledge if it either takes the decisions to be taken in the Substantially free of instructions or influencing it significantly; this may also be given in the case of specifications, in particular as a result of legislation, plans or guidelines, and in cooperation with other senior employees.
The officials and soldiers referred to in the third sentence of paragraph 1 shall be subject to the provisions of sentences 1 and 2. (4) In case of doubt, the senior staff referred to in paragraph 3 (3) shall be in doubt:
1.
has been assigned to senior employees on the occasion of the last election of the works council, the spokesperson's committee or members of the supervisory board of the employees or by a final court decision; or
2.
of a management level on which predominantly senior executives are represented in the company, or
3.
receives a regular annual salary, which is common for senior employees in the company, or
4.
if, in the case of the application of point 3, remain in doubt, a regular annual salary which exceeds three times the reference quantity in accordance with § 18 of the Fourth Book of Social Code.
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§ 6

(dropped)

Part two
Works council, operating assembly, total and group works council

First section
Composition and choice of works council

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§ 7 Electoral entitlement

All employees of the holding shall be entitled to vote, which shall be 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 Selectability

(1) All persons entitled to vote who belong to the holding for six months or who have worked as a home-based employee in the main business for the holding are eligible. 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 a criminal conviction, does not possess the ability to obtain rights from public elections. (2) If the holding is less than six months, by way of derogation from the provision set out in paragraph 1 above, six months of service to those employees who are employed in the opening of the works council election in the establishment and who fulfil the other eligibility requirements. Unofficial table of contents

§ 9 Number of members of the works council *)

The works council consists of holdings with as a rule
5 to 20 eligible employees from one person,
21 to 50 eligible employees from 3 members,
51 Eligible employees
up 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 to 4,500 employees from 27 members,
4,501 to 5,000 employees from 29 members,
From 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.
-----
*)
According to Article 14, second sentence, 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.
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§ 10

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§ 11 Reduced number of members of the works council

If a holding does not have the sufficient number of eligible employees, the number of members of the works council shall be based on the next lower operating size. Unofficial table of contents

§ 12

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§ 13 Date of elections for works council

(1) The regular works council elections take place every four years from 1 March to 31 May. They are to be initiated at the same time as the regular elections according to § 5 paragraph 1 of the Speaker's Committee Act. (2) Outside this time the works council shall be elected if:
1.
at the end of 24 months from the date of the election, the number of workers employed on a regular basis has increased or decreased by one-half, but at least fifty,
2.
the total number of members of the works council has fallen below the prescribed number of members of the works council following the entry of all the replacement members,
3.
the works council, by a majority of its members, has decided to resign;
4.
the election of the works council has been successfully contested,
5.
the works council is dissolved by a court decision, or
6.
in operation, a works council does not exist.
(3) If an election of the works council has taken place outside the period of time fixed for the regular works council elections, the works council shall be re-elected in the next period of the regular works council elections following the election. 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. Unofficial table of contents

Section 14 Electoral Regulations

(1) The works council shall be elected by secret ballot and by 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) To elect the works council, the eligible employees and the trade unions represented on the holding. (4) Any nomination of the employee must be signed by at least one twentieth of the eligible workers, but at least three persons entitled to vote; with as a rule up to twenty employees entitled to vote, the Signature by two persons entitled to vote. In any case, the signing by 50 persons entitled to vote is sufficient. (5) Each nomination of a union must be signed by two representatives. Unofficial table of contents

Section 14a Simplified electoral procedure for small businesses

(1) In establishments with generally five to fifty persons entitled to vote, the works council shall be elected 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 takes place one week after the election meeting to elect the electoral board. (2) Electoral proposals can 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 (4) applies, with the proviso that no written form is required for election proposals which are only made at this election meeting. (3) If the electoral board is in establishments with generally five to fifty employees entitled to vote in accordance with § 17a No 1 in conjunction with Section 16 of the Works Council, General Works Council or By way of derogation from the first sentence of the first sentence of paragraph 1 and 2, the works council shall be elected by a secret ballot and direct election by secret ballot only at one election meeting. Election proposals can be made for election of the works council until one week before the election meeting; Section 14 (4) is unchanged. (4) Eligible employees who are unable to participate in the election meeting for election of the works council are (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. Unofficial table of contents

Section 15 Composition by type of employment and sex *)

(1) The works council should, as far as possible, be composed of workers in the individual organisational units and the different types of employment of the employees working in the establishment. (2) The gender which is in the workforce in the minority, shall be represented at least in accordance with its numerical ratio in the works council, if it consists of at least three members.
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*)
According to Article 14, second sentence, 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.
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Section 16 Order of the electoral board

(1) At the latest ten weeks before the end of his term of office, the works council shall appoint an electoral board consisting of three persons entitled to vote 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 or her prevention. In companies with female and male employees, women and men are to be members of the electoral head. In addition, any trade union represented on the holding may also send a non-voting member to the electoral board as a non-voting member unless the member of the board is a member of the voting board. (2) Consists of eight members The working court shall, on the request of at least three persons entitled to vote or a trade union represented on the holding, appoint him or her at the request of at least three persons entitled to vote before the end of the works council's term of office; paragraph 1 shall apply mutah. 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: (3) If no electoral board exists eight weeks before the end of the term of office of the works council, the General Works Council may also or, if such a not exists, the Group Works Council. Order the electoral prestand. Paragraph 1 shall apply accordingly. Unofficial table of contents

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

(1) If, in an establishment which satisfies the conditions of § 1 (1) sentence 1, there is no works council, the General Works Council shall be appointed or, in the event that such a council does not exist, the Group Works Council shall appoint an electoral board. Section 16 (1) shall apply. (2) If there is neither a General Works Council nor a Group Works Council, the majority of the employees present shall elect a Board of Directors 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 holding represented on the holding may be appointed to this General Assembly. Invite the union and make suggestions for the composition of the electoral board. (4) If, in spite of the invitation, no business meeting is held or if the business meeting 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 holding represented on the holding Union. Section 16 (2) shall apply accordingly. Unofficial table of contents

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

In the case of § 14a, § § 16 and 17 shall apply with the following conditions:
1.
The period of the first sentence of § 16 (1) shall be reduced to four weeks and that of the first sentence of Article 16 (2), (3) sentence 1 shall be reduced to three weeks.
2.
§ 16 (1) sentence 2 and 3 shall not apply.
3.
In the cases of Section 17 (2), the electoral board shall be elected by the majority of the employees present in an election meeting. Section 17 (3) shall apply mutatily for the invitation to the election meeting.
4.
Section 17 (4) shall apply mutatily if, in spite of the invitation, no election meeting takes place or if no electoral board is elected at the election meeting.
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Section 18 Preparation and implementation of the election

(1) The electoral council shall immediately initiate the election, carry out the election and establish the election result. 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 employees entitled to vote or a trade union represented on the holding. Section 16 (2) shall apply. (2) If there is a doubt as to whether an organizational unit capable of operating is available, the employer, any works council involved, any board of directors involved or a trade union represented in the holding shall be entitled to: (3) immediately after the conclusion of the election, the electoral council shall make public 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. Unofficial table of contents

Section 18a Allocation of senior executives in elections

(1) If the elections are to be initiated at the same time pursuant to Section 13 (1) and Section 5 (1) of the Speaker Committee Act, the electoral boards shall immediately after the electoral lists have been drawn up, but no later than two weeks before the start of the elections, to inform each other of the employees who have assigned them to senior executives, even if the elections are initiated at the same time without the existence of a legal 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 respective voters ' list in accordance with their assignment. (2) Insofar as an agreement is not reached, a mediator shall once again have one week before the start of the elections. To try to reach agreement on the assignment of the electoral authorities. 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 shall be required to agree on 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; it shall be decided by lot who acts as a mediator. (4) If the election in accordance with § 13 (1) or (2) is not a matter of time, an election shall be made after the election. In accordance with the first sentence of the first sentence of paragraph 1, the Electoral Board has to inform the Spokesperson Committee of the provisions of the Spokesperson Committee. 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. Unofficial table of contents

Section 19 Wahlanfechtung

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

Section 20 Electoral protection and election costs

(1) No one shall be allowed to impede the election of the works council. In particular, no employee may be restricted in the exercise of the right to vote and to stand as a candidate. (2) No one shall be entitled to choose 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.

Second section
Term of office of works council

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Section 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 on 31 May of the year in which the regular works council elections take place in accordance with Section 13 (1). In the case of Section 13 (3) sentence 2, the term of office shall expire at the latest on 31 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. Unofficial table of contents

Section 21a Transitional Mandate *)

(1) If a holding is split, its works council shall remain in office and shall carry out the transactions for the operating parts assigned to it until now, insofar as they satisfy the conditions of § 1 (1) sentence 1 and are not incorporated into a holding in which there is a works council (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 collective agreement or an operating agreement for a further six months. (2) If holdings or parts of the holding are combined into one operation, the works council shall take the following measures in accordance with the number of eligible persons. Employees of the largest operating or operating part the transitional mandate is true. Paragraph 1 shall apply. (3) Paragraphs 1 and 2 shall also apply where the division or aggregation of holdings and parts of operations is carried out in connection with an operation sale or a conversion under the Converting Act.
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*)
This provision is for the implementation of Article 6 of Council Directive 2001 /23/EC of 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, undertakings or parts of the holding (OJ No L EC No L 82 p. 16).
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Section 21b Restmandat

If a holding is carried out by decommissioning, division or merger, its works council shall remain in office for as long as this is necessary for the exercise of the rights of participation and co-determination in connection with it. Unofficial table of contents

Section 22 Continuation of the operations of the works council

In the cases of section 13 (2) no. 1 to 3, the works council shall carry out the transactions until the new works council is elected and the election result is announced. Unofficial table of contents

Section 23 Violation of legal obligations

(1) At least one quarter of the employees entitled to vote, the employer or a trade union represented on the holding may, in the case of a working court, exclude a member from the works council or the dissolution of the works council on the grounds of gross negligence or gross negligence. Apply for an infringement 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. (3) The works council or a trade union represented in 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 up the employer, a To refrain from carrying out an act or to carry out 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 for each of the following: 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 means of 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. Unofficial table of contents

§ 24 Erasing of membership

Membership in the works council shall be replaced by
1.
expiry of the term of office;
2.
Establishment of the operating rate,
3.
Termination of the employment relationship,
4.
Loss of eligibility,
5.
exclusion from the works council or dissolution of the works council on the basis of a judicial decision,
6.
court decision on the determination of non-eligibility at the end of the period referred to in Article 19 (2), unless the defect is no longer present.
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§ 25 Spare Members

(1) If a member of the works council departs from, a substitute member shall move forward. This shall apply mutagenically to the deputising of a temporarily prevented member of the works council. (2) The replacement members shall be made up of the unelected employees of those lists of proposals, taking account of § 15 (2) in the series , to which the members to be replaced are members. 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 majority voting, the order of the substitute members shall be determined taking into account Section 15 (2) according to the level of the votes obtained.

Third Section
Management of the works council

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§ 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 he 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. Unofficial table of contents

§ 27 Operating Committee

(1) Where a works council has nine or more members, it shall form an operating committee. The operating committee shall consist of the chairman of the works council, its substitutes 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 committee members.

The other committee members shall be elected by the works council from its centre in secret ballot and in accordance with the principles of proportional representation. 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 (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. Sentences 2 and 3 shall apply mutatily to the revocation of the transfer 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. Unofficial table of contents

Section 28 Transfer of tasks to committees

(1) The works council may form committees in establishments with more than 100 employees and may delegate certain tasks to them. 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 accordingly for the transfer of tasks to the self-employed Decision on members of the works council in committees, whose members are appointed by the works council and by the employer. Unofficial table of contents

Section 28a Transfer of tasks to working groups

(1) In establishments with more than 100 employees, the works council may, acting by a majority of its members, delegate certain tasks to working groups, 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 sentence and the third sentence shall apply. (2) The working party may conclude agreements with the employer within the limits of the tasks assigned to it; an agreement shall be subject to 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. Unofficial table of contents

Section 29 The convening of sittings

(1) Before the end of a week after the election day, the electoral board has to convene the members of the works council to the election prescribed in accordance with section 26 (1). The Chairman of the Board of Management shall chair the meeting until the works council has appointed an election leader from among its members. (2) The Chairman of the Works Council shall convene the other meetings. It sets the agenda and runs 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 has to convene a meeting and the subject, whose advice is requested, to the agenda when a quarter of the members of the works council or of the employer are requested to do so. (4) The employer shall take part in meetings held at his request and at the meetings to which he expressly referred is invited to participate. He may add a representative of the association of the employers to which he is a member. Unofficial table of contents

§ 30 Works Council meetings

The meetings 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. Unofficial table of contents

Section 31 Participation of trade unions

At the request of one quarter of the members of the works council, a representative of a trade union represented in the works council may participate in the meetings in a consultative manner, in which case the date of the meeting and the agenda of the union in time. Unofficial table of contents

Section 32 Participation of the representatives of the severely disabled

The representatives of the severely disabled (§ 94 of the ninth Book of the Social Code) can participate in all meetings of the works council. Unofficial table of contents

Section 33 Decisions of the works council

(1) The decisions of the works council shall, unless otherwise provided in this law, be taken by a majority of the votes of the members present. In the event of a tie, an application is rejected. (2) The works council is only capable of a quorum if at least half of the members of the works council participate in the decision-making; substitutes by substitute members are admissible. (3) Take the youth- the votes of the youth and trainee representatives are also included in the determination of the majority of votes. Unofficial table of contents

Section 34 Session minutes

(1) A minutes shall be recorded at each negotiation of the works council, which shall contain at least the text of the decisions and the majority of 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 has to register by hand. (2) If the employer or a representative of a trade union has taken part in the meeting, the corresponding part of the To be handed in writing in writing. Objections to the minutes shall be made without delay in writing; they shall be attached to the minutes of 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. Unofficial table of contents

Section 35 Suspension of decisions

(1) In view of the fact that the majority of the youth and trainee representation or the representatives of the severely disabled persons consider a decision of the works council as a significant impairment of the important interests of the employees they represent, it shall be to suspend the application of the decision for a period of one week from the date of the decision-making procedure so that an agreement may be sought during that period, possibly with the help of the trade unions represented on the holding. (2) After the expiry of the The time limit shall be redecided 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 shall be laid down in a written procedure which the works council decides by a majority of the votes of its members. Unofficial table of contents

§ 37 volunteer work, work failure

(1) The members of the works council shall carry out their duties free of charge as an honorary office. (2) Members of the works council shall be exempted from their professional activities without a reduction in the remuneration of the works, if and to the extent that the members of the works council are responsible for the extent and nature of the holding. (3) In order to compensate for work-rate activities which are to be carried out outside working hours for operational reasons, the works council member shall be entitled to the appropriate Exemption from work in the form of payment of the amount 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 shall be granted before the end of a month; if it is not possible for operational reasons, the time spent shall be such as to compensate for additional work. (4) The remuneration of members of the works council may include a remuneration. period of one year after the end of the term of office shall not be less than the remuneration of comparable workers with normal professional development. This shall also apply to general contributions from the employer. (5) Insofar as 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, shall only be entitled to: (6) The provisions of paragraphs 2 and 3 shall apply mutatically to the participation in training and educational events, to the extent that such knowledge imparts to them, the 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. (7) Without prejudice to the provisions of paragraph 6, each member of the works council shall be entitled to a paid exemption during his/her regular term of office for the purpose of: a total of three weeks to take part in training and educational events recognised as appropriate by the competent supreme labour authority of the country after consultation with the top organisations of the trade unions and the employers ' organisations . 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. Unofficial table of contents

Section 38 Free positions

(1) From their professional activities shall be at least exempted in establishments with as a rule

200 to 500 workers a member of the works council,
501 to 900 Workers 2 members of the works council,
901 to 1,500 Workers 3 members of the works council,
1.501 to 2000 Workers 4 members of the works council,
2.001 to 3000 Employees 5 members of the works council,
3.001 to 4000 Employees 6 members of the works council,
From 4.001 to 5000 Employees 7 members of the works council,
5.001 to 6,000 Workers 8 members of the works council,
6,001 to 7,000 Employees 9 members of the works council,
7.001 to 8,000 Workers 10 members of the works council,
8.001 to 9,000 Employees 11 members of the works council,
From 9.001 to 10,000 Employees 12 members of the works council.

In companies with more than 10,000 employees, another 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 regulations concerning the exemption can be agreed upon. (2) The members of the works council to be released shall be elected by the works council from its centre in secret ballot after consultation with the employer. and in accordance with the principles of proportional representation. 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 is 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. § 27 (1) sentence 5 shall apply mutatis. (3) The period for the further payment of the work fee 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, the three full members of the (4) Non-employee members of the works council must not be excluded from internal and non-operational vocational education and 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. Unofficial 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 objection of the unification office replaces the agreement between the employer and the works council. (2) If the youth and trainees ' representatives do not carry out their own office hours, then a member of the youth and youth council can attend the office hours of the works council. Representation for the purposes of advising the employees referred to in § 60 (1). (3) The failure of working time, which is necessary to attend the office hours or through other use of the works council, entitles the employer to: not to reduce the worker's pay. Unofficial table of contents

§ 40 Cost and expenses of the works council

(1) The costs incurred by the activities of the works council shall be borne by the employer. (2) For the meetings, the office hours and the day-to-day management, the employer shall have spaces, factual means, information and information to the extent required. communication technology as well as office staff. Unofficial table of contents

Section 41 Reaction prohibition

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

Fourth Section
Operating Assembly

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§ 42 Composition, General Assembly, Department Meeting

(1) The works meeting shall consist of the employees of the holding; it shall be chaired by the Chairman of the Works Council. It's not public. If, on account of the nature of the holding, a meeting of all employees cannot take place at the same time, partial meetings shall be carried out. (2) Workers ' organization or spatially delimited parts of the work shall be carried out by the works council. Department meetings, if necessary to discuss the specific needs of workers. 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 second and third sentences of paragraph 1 shall apply mutatily. Unofficial table of contents

Section 43 Regular operational and departmental meetings

(1) Once in each calendar quarter, the works council shall convene a business meeting and report on its activity report. If the conditions of the first sentence of Article 42 (2) are met, the works council shall, in each calendar year, carry out two of the operating meetings 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 requirements 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 operational and departmental meetings on 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 standing of equality between women and men, in operation, and the integration of the (3) The company shall 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 business secrets. (3) Works council is entitled and at the request of the employer or of at least one A quarter of the employees entitled to vote shall be required to convene a business meeting and to place the requested item on the agenda. From the date of the meetings, which take place at the request of the employer, it must be agreed in good time. (4) At the request of a trade union represented on the holding, the works council must, before the expiry of two weeks after the receipt of the request, a The General Assembly referred to in the first sentence of paragraph 1 shall be convened if, in the preceding calendar half-year, no business meeting and no department meetings have been carried out. Unofficial table of contents

§ 44 Time and loss of earnings

(1) The assemblies referred to in § § 14a, 17 and 43 (1) and convened at the request of the employer shall be held during working time, 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 is also true if the assemblies take place outside the working hours because of the nature of the holding; the cost of the costs incurred by the employees through participation in these meetings must be reimbursed by the employer. (2) Other Business or departmental meetings take place outside of working hours. 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. Unofficial table of contents

Section 45 Topics of the operational and departmental meetings

The operational and departmental meetings may include matters including such tariff, social, environmental and economic issues, as well as issues of promoting equality between women and men and the To ensure the compatibility of family and gainful employment and the integration of the foreign workers employed in the holding, which directly affect the establishment or its employees; the principles of § 74 (2) shall apply. The operational and departmental meetings may submit applications to the works council and give its opinion on its decisions. Unofficial table of contents

Section 46 Representative of the Associations

(1) Representatives of the trade unions represented on the holding may take part in the meetings of the holding or department meetings. If the employer participates in meetings of the holding or department, he or she may draw up a representative of the association of the employers to which he belongs. (2) The date and the agenda of the meetings of the holding or department are the trade unions represented on the works council in good time in writing.

Fifth Section
Total Works Council

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

(1) There are several works councils in a company, so an overall 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 shall be sent with more than three members. Members shall send two of its members. (3) The works council has to appoint at least one substitute member for each member of the General Works Council and to determine the order of return. (4) By collective agreement, or by a collective 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, the total works council shall be more than forty members of the General Works Council and shall not be subject to a collective agreement as referred to in paragraph 4; Between the General Works Council and the employer, an operating agreement is reached on the To conclude the membership of the General Works Council in which it is determined that works councils of several companies of a company that are connected to each other regionally or by similar interests together shall be members of the General Works Council (6) If agreement is not reached in the case referred to in paragraph 5, a settlement body to be formed shall be decided upon by the undertaking as a whole. The objection of the unification office replaces the agreement between the employer and the General Works Council. (7) Each member of the General Works Council has as many votes as in the establishment in which it was elected, eligible employees in the voters ' list are entered. If the works council sends several members, the votes shall be proportional to the votes in the first sentence. (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, eligible employees are entered in the voter lists; several members have been posted, paragraph 7, second sentence, shall apply. (9) For members of the General Works Council who have been dispatched from a joint operation of several undertakings , by collective agreement or operating agreement referred to in paragraphs 7 and 8 different arrangements are being made.
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+)
According to Article 14, second sentence, 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.
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Section 48 Exclusion of members of the General Works Council

At least one quarter of the employee's eligible employees, the employer, the General Works Council or a trade union represented in the company may, in the case of the Labour Court, exclude a member from the General Works Council. coarse violation of his legal obligations. Unofficial table of contents

Section 49 Erasing of membership

The membership of the General Works Council ends with the erasure of membership in the works council, by taking office, by exclusion from the General Works Council on the basis of a judicial decision or dismission by the works council. Unofficial table of contents

§ 50 Jurisdiction

(1) The General Works Council shall be responsible for dealing with matters which concern the undertaking as a whole or a number of undertakings and which cannot be regulated by the individual works councils within their establishments; its competence shall also extend to holdings without works council. It is not superordinated to the individual works councils. (2) With the majority of the votes of its members, the works council may commission 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. Unofficial table of contents

§ 51 Management Board

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

(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 be responsible for the Election of 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. 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 shall be allowed to delegate them. Section 33 (3) shall apply accordingly. (4) The decision of the General Works Committee and other committees of the General Works Council shall be governed by Section 33 (1) and (2). (5) The provisions relating to the rights and obligations of the works council shall apply as appropriate for the General Works Council, in so far as this Act does not contain any specific provisions. Unofficial table of contents

Section 52 Participation of the Total Committee for Disabled Disabled

The total disability representation (§ 97 (1) of the Ninth Book Social Code) can participate in all meetings of the General Works Council in an advisory capacity. Unofficial table of contents

Section 53 Works Council

(1) At least once in each calendar year, the General Works Council shall convene a meeting of the Chairpersons and the Vice-Chairmen of the Works Councils and the other members of the Works Committees. The works council may, by way of derogation from the first sentence, send other members to this Assembly, insofar as this does not exceed the total number of participants resulting from the first sentence. (2) In the Works Council, the Council has
1.
the General Works Council, an activity report,
2.
the businessman shall report on the staff and social services, including the standing 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 company, as well as environmental protection issues in companies, in so far as they do not endanger operational and trade secrets,
(3) The General Works Council may carry out the Works Council meeting in the form of partial meetings. 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

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Section 54 Establishment of the Group Works Council

(1) For a Group (Section 18 (1) of the German Stock Corporation Act), a Group Works Council may be established by decisions of the individual General Works Councils. The construction requires the approval of the total works councils of the group companies, in which a total of more than 50 of the hundred employees of the group companies are employed. (2) In a group company, there is only one works council, so it shall carry out the duties of a General Works Council in accordance with the provisions of this Section. Unofficial table of contents

Section 55 Composition of the Group Works Council, weight of votes

(1) Each General Works Council shall send to the Group Works Council two of its members. (2) The General Works Council has to appoint at least one substitute member for each member of the Group Works Council and to determine the order of the offspring. (3) Each member of the Board of Directors shall be responsible for the The Group Works Council shall be subject to the votes of the members of the General Works Council (s) to be sent per half. (4) By way of a collective agreement or an 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. Unofficial table of contents

Section 56 Exclusion of members of the Group Works Council

At least one quarter of the eligible employees of the Group companies, the employers, the Group Works Council or a union represented within the Group may, in the working court, exclude a member from the Group Works Council because of gross violation of his legal obligations. Unofficial table of contents

§ 57 Erasing of membership

The membership of the Group Works Council ends with the erasure of membership in the General Works Council, by taking office, by exclusion from the Group Works Council due to a judicial decision or dismisation by the Total Works Council. Unofficial table of contents

Section 58 Jurisdiction

(1) The Group Works Council shall be responsible for dealing with matters concerning the Group or several Group companies and which cannot be regulated by the individual General Works Councils within their companies; its In this respect, responsibility also extends to companies which have not formed a total 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, acting by a majority of its members, may 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. Unofficial table of contents

§ 59 Management Board

(1) § 25 (1), § 26, 27 (2) and (3), § 28 (1) sentence 1 and 3, para. 2, § § 30, 31, 34, 35, 36, 37 (1) to (3), and § § 40, 41 and 51 (1) sentence 2 and (3) to (5) shall apply. (2) The General Works Council of the ruling undertaking or, in so far as such a total works council does not exist, the General Works Council shall be responsible for the establishment of the General Works Council of the largest group undertaking according to the number of employees entitled to vote. 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. Unofficial table of contents

§ 59a Participation of the Group severely disabled

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

Part Three
Youth and trainee representation

First section
Company youth and trainee representation

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Section 60 Establishment and task

(1) In establishments with as a rule at least five employees, which shall be the 18. (young workers) or who are employed for their vocational training and 25 years of age. In accordance with the following provisions, the representation of young people and trainees shall be selected to meet the specific needs of the employees referred to in paragraph 1 of this Article. Unofficial table of contents

Section 61 Electoral eligibility and eligibility

(1) All employees of the holding referred to in § 60 (1) shall be entitled to vote. (2) All employees of the holding shall be entitled to vote, which shall be entitled to the 25. § 8 (1) sentence 3 shall apply. Members of the works council cannot be elected to youth and trainee representatives. Unofficial table of contents

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

(1) The representation of young people and trainees consists of enterprises with as a rule
5 to 20 of the employees referred to in § 60 (1) of a person,
21 to 50 of the employees referred to in § 60 (1) of 3 members,
51 to 150 of the employees of 5 Members referred to in Article 60 (1),
151 to 300 of the employees of 7 members referred to in Article 60 (1),
301 to 500 of the employees of 9 members referred to in § 60 (1),
501 to 700 of the employees of 11 Members referred to in Article 60 (1),
701 to 1,000 of the employees of 13 members referred to in § 60 (1),
More than 1,000 employees of 15 members mentioned in § 60 (1). (2) The representation of young people and trainees is to be made up as far as possible of representatives of the different types of employment and training occupations of the employees in operation in § 60 para. 1 (3) The gender, which is in the minority among the employees referred to in § 60 para. 1, must be represented at least in accordance with its numerical value in the representation of the youth and the trainee, if it consists of at least three members. Unofficial table of contents

Section 63 Electoral Regulations

(1) The representation of young people and trainees is chosen by secret ballot and by direct election. (2) At the latest 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. § 14 (2) to (5), § 16 (1) sentences 4 to 6, § 18 (1) sentence 1 and (3) as well as § § 19 and 20 apply accordingly. (3) The works council does not order the electoral board or not at the latest six months. 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, § 16 (2) sentence 1 and 2, paragraph 3 sentence 1 and section 18 (1) sentence 2 shall apply accordingly; the application in the case of a working tribunal, young workers can also be employed. (4) In establishments with as a rule five up to fifty of the employees referred to in § 60 (1) shall also apply mutatiously to Section 14a. 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 referred to in paragraph 3, first sentence, to three weeks. (5) In establishments with the employees referred to in Rule 51 to 100 of the employees referred to in § 60 (1), § 14a Paragraph 5 accordingly. Unofficial table of contents

Section 64 Date of elections and term of office

(1) The regular elections of the youth and trainee representatives shall be held every two years in the period of 1. October to November 30th. For the election of the youth and trainee representation outside of this period, § 13 (2) Nos. 2 to 6 and 3 (3) shall apply. (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 on 30 November of the year in which the first sentence of paragraph 1 shall be the regular elections. In the case of Section 13 (3) sentence 2, the term of office shall end at the latest on 30 November of the year in which the representation of young people and trainees is to be re-elected. In the case of Section 13 (2) No. 2, the term of office ends with the announcement of the election result of the newly elected youth and trainee representation. (3) A member of the youth and trainee representation, which during the course of the term of office will be the 25. Until the end of the term of office, member of the youth and trainee representation will remain. Unofficial table of contents

§ 65 Management Board

(1) The representation of young people and trainees is governed by § 23 (1), § § 24, 25, 26, 28 (1) sentence 1 and 2, § § 30, 31, 33 (1) and (2) and § § 34, 36, 37, 40 and 41. (2) The representation of young people and trainees can be Agreement of the Works Council shall hold meetings; § 29 shall apply accordingly. The Chairman of the Works Council or a member of the works council may participate in these meetings. Unofficial table of contents

Section 66 Suspension of decisions of the works council

(1) if the majority of the youth and trainee representatives consider a decision of the works council as a significant impairment of important interests of the employees referred to in § 60 (1), the decision shall be taken on the basis of the decision to the duration of the decision. of one week, so that an agreement may be sought during that period, possibly with the help of the trade unions represented on the holding. (2) If the first decision is confirmed, the request for suspension cannot be repeated , this shall also apply where the first decision is not substantially amended. Unofficial table of contents

Section 67 Participation in works council meetings

(1) The representation of young people and trainees may send a representative to all works council meetings. 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, in so far as the decisions to be taken by the works council relate mainly to the employees referred to in section 60 (1). (3) The representation of young people and trainees may apply to the works council, matters which are particularly the case in § 60 (1) referred to in Article 1 (1) and which they have discussed the next agenda. 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. Unofficial table of contents

Section 68 Participation in joint meetings

The works council has to join the youth and trainees ' representatives for meetings between the employer and the works council when matters relating in particular to the employees referred to in § 60 (1) are dealt with. Unofficial table of contents

§ 69 Office hours

In establishments which generally employ more than fifty of the employees referred to in Article 60 (1), the representation of young people and trainees may 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. At the office hours of the youth and trainee representation the works council chairperson or an appointed member of the works council can participate in an advisory. Unofficial table of contents

Section 70 General tasks

(1) The representation of young people and trainees has the following general tasks:
1.
(c) to apply to the works council, in particular in matters relating to vocational training and the taking-over of the employees to be trained in their vocational training, to take measures which serve the workers referred to in Article 60 (1);
1a.
to apply for measures to enforce the effective 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.
receive suggestions from employees referred to in section 60 (1), in particular in matters relating to vocational training, and, if they appear to be entitled, to work for the works council on an execution. The youth and trainee representative shall inform the employees referred to in Article 60 (1) of the situation and the outcome of the negotiations;
4.
To promote the integration of foreign workers, referred to in § 60 (1), in the establishment and to apply for appropriate measures at the works council.
(2) In order to carry out its tasks, the representation of young people and trainees by the works council is to be kept informed 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. Unofficial table of contents

Section 71-Youth and trainees ' meeting

The youth and trainee representation may, before or after each operating meeting, convene an in-company youth and trainee meeting in agreement with the works council. 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 section 65 (2) sentence 2 apply accordingly.

Second section
Total youth and trainee representation

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Section 72 Conditions of establishment, number of members, weight of votes

(1) There are several youth and trainees ' representatives in a company, so an overall youth and trainee representation is to be established. (2) Each youth and trainee's representation sends out every youth and trainee representation. The representation of a member. (3) The representation of young people and trainees has to appoint at least one substitute member for the member of the overall youth and trainee representation and to determine the order of the reunion. (4) By Collective agreement or operating agreement may be the number of members of the total youth and (5) In accordance with paragraph 2 of the total youth and trainee representation, there are more than twenty members, and there is no collective agreement in accordance with paragraph 4, the following is between: General works council and employer to conclude an operating agreement on the number of members of the overall youth and trainee representation, which determines that youth and trainee accounts of several companies of a company that are regionally or by similar interests, together (6) If an agreement is not reached in the case of paragraph 5, then a settlement body to be formed shall be decided upon for the entire company. The agreement between the employer and the General Works Council replaces the agreement between the employer and the general works council. (7) Each member of the total youth and trainee representation has as many votes as in the establishment in which it was elected, in § 60 (1) workers on the voter 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 voters ' lists. If several members of the youth and trainee representation have been sent, the votes shall be proportional to the votes in the first sentence. (8) For members of the total youth and trainee representation, which shall be composed of a joint operation of several Undertakings which have been posted may be subject to derogations from the provisions of the collective agreement or the operating agreement referred to in paragraph 7. Unofficial table of contents

Section 73 Management and application of other provisions

(1) The overall youth and trainee representation can hold meetings after the agreement of the General Works Council. The chairperson of the General Works Council or an appointed member of the General Works Council may participate in the meetings. (2) For the overall youth and trainee representation, § 25 (1), § § 26, 28 (1) sentence 1, § § 30, 31, 34, 36, § § 40, 41, 48, 49, 50, 51 (2) to (5) as well as § § 66 to 68 (§ § § 66 to 68).

Third Section
Group-youth and trainee representation

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Section 73a Prerequisite of establishment, number of members, weight of votes

(1) There are several total youth and trainees ' representatives in a group (Section 18 (1) of the German Stock Corporation Act), a group youth and trainee representation can be represented by decisions of the individual total youth and trainee representatives. set up. 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 hundred of the employees referred to in § 60 para. 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 youth and youth The representation of the trainee sends out every overall youth and trainee representation of 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 shall have as many votes as the members of the sending and the sending of the Total youth and trainee representation in total have votes. (4) § 72 (4) to (8) shall apply accordingly. Unofficial table of contents

Section 73b Management and application of other provisions

(1) The Group's youth and trainee representation may hold meetings after the Group Works Council has been agreed. The Chairman of the Group Works Council may participate in the meetings. (2) For the Group's youth and trainees ' representation, § 25 (1), § § 26, 28 (1) sentence 1, § § 30, 31, 34, 36, 37 para. 1 to 3, which apply to the group's employees, are subject to the following: § § 40, 41, 51, para. 3 to 5, § § 56, 57, 58, 59 para. 2 and § § 66 to 68 accordingly.

Fourth part
Participation and participation of workers

First section
General

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Section 74 Principles of cooperation

(1) Employers and works councils shall meet at least once a month for a 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 labour dispute between the employer and the works council are inadmissible; This does not affect the labour disputes of collective parties. The employer and the works council have to refrain from operations which affect the work sequence 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: (3) Workers who take over tasks under this Act shall not be restricted in operation for their trade union, even in the course of their operation. Unofficial table of contents

Section 75 Principles for the treatment of employees

(1) The employer and the works council shall 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 race or their own ethnic origin, descent or other origin, nationality, religion or belief, disability, age, political or trade union activity or attitude or because of sex, or of their 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. Unofficial table of contents

Section 76 Einigungsstelle

(1) In order to settle disagreements between the employer and the works council, the General Works Council or the Group Works Council, it is necessary to form a unit of settlement if necessary. A permanent establishment may 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, whose person has to agree on both sides. 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 site of the agreement shall be taken immediately. 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 settlement body must be laid down in writing, to be signed by the chairman and to be forwarded to the employer and the works council. (4) Further details of the procedure before the settlement can be settled 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 Chairperson and the members of the members who have been published shall decide on their own in accordance with 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 claimed 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) The rest of the Only 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 sides have been subject to the claim in advance or have subsequently accepted it. (7) As far as other provisions of the legal route have been adopted, it will: (8) By means of collective agreements, it may be determined that the place of settlement referred to in paragraph 1 shall be replaced by a tariff-based dispute settlement body. Unofficial table of contents

Section 76a Cost of the installation

(1) The costs of the unit of installation shall be borne by the employer. (2) The members of the unit of integration who belong to the establishment shall not receive any remuneration for their activities; § 37 (2) and (3) shall apply accordingly. If 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. (3) The Chairperson and the members of the siting office who do not count on the persons referred to in paragraph 2 shall be entitled to remuneration for their activities in relation to the employer. The amount of the remuneration depends on the principles set out in the third sentence of 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 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 and of the employer. (5) The provisions of paragraph 3 and of a remuneration system referred to in paragraph 4 may be laid down by collective agreement or by a collective agreement in a If a collective agreement permits this or if a collective agreement does not exist, it shall be deviated. Unofficial table of contents

Section 77 Implementation of joint decisions, operating agreements

(1) Agreements between the works council and the employer, even where they are based on a saying of the unit of integration, shall be carried out by the employer, unless otherwise agreed in individual cases. The works council must not intervene in the management of the holding by unilateral acts. (2) Operating agreements must 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 has to 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 normally regulated cannot be subject to the subject of a Be an operating agreement. This does not apply if a collective agreement expressly allows for the conclusion of supplementary operating agreements. (4) Operating agreements 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 admissible in so far as they are agreed in a collective agreement or an operating agreement; the same applies to the abbreviation of the limitation periods. (5) Operating agreements can, as far as nothing is (6) After the expiration of an operating agreement, their regulations shall apply in matters in which the agreement between the employer and the works council is based on a saying of the settlement body. , until they are replaced by another deal. Unofficial table of contents

Section 78 Protection provisions

The members of the works council, the General Works Council, the Group Works Council, the youth and trainee representation, the overall youth and trainee representation, the group youth and trainee representation, the Economic Affairs Committee, the Board representative, the Maritime Works Council, the representations of the employees referred to in Section 3 (1), the Einigungsstelle, a collective redress body (Section 76 (8)) and an operating appeal body (§ 86) as well as persons providing information (Section 80 (2)) (3) may not be disturbed in the performance of their duties; or disabled. They shall not be disadvantaged or favoured because of their activities, including their professional development. Unofficial table of contents

§ 78a Protection of apprentices in special cases

(1) If the employer, a trainee who is a member of the youth and trainee representation, the works council, the on-board representation or the SeeWorks Council, does not intend to enter into a trainee after the end of the vocational training relationship If an employment relationship is to be taken over for an indefinite period, he must inform the trainee in writing three months before the end of the vocational training relationship. (2) A trainee referred to in paragraph 1 shall be required within the last three years to be Months before the end of the vocational training relationship in writing of If employers are to continue to work, an employment relationship shall be deemed to have been established for an indefinite period of time between the trainee and the employer following the vocational training relationship. In particular, Article 37 (4) and (5) of this employment relationship shall apply accordingly. (3) Paragraphs 1 and 2 shall also apply if the vocational training relationship is completed before the end of one year after the end of the term of office of the youth and (4) The employer may apply to the Labour Court at the latest by the end of the period of two weeks after the end of the vocational training relationship,
1.
to establish that an employment relationship referred to in paragraph 2 or 3 is not justified, or
2.
to dissolve the employment relationship already established in accordance with paragraph 2 or 3;
if facts are available, 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) The paragraphs 2 to 4 shall apply irrespective of whether the The employer has complied with the obligation to provide a notification in accordance with paragraph 1. Unofficial table of contents

Section 79 Confidentiality

(1) The members and substitute members of the works council are obliged to disclose operating or business secrets which have become known to them on account of their affiliation to the works council and expressly referred to by the employer as needing to be kept secret. , not to 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 (Section 76 (1)). (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 the Representation of the group, the group youth and trainees ' representation, of the Economic Committee, the on-board representation, the Maritime Works Council, the representations of the employees formed in accordance with Section 3 (1), the Einigungsstelle, the tariff conciliation body (Section 76 (8)) and an operating complaint body (§ 86), and for the representatives of trade unions or employers ' associations. Unofficial table of contents

Section 80 General tasks

(1) The works council has the following general tasks:
1.
to ensure that the laws, regulations, accident prevention provisions, collective agreements and operating agreements in force in favour of workers are carried out;
2.
Measures to be taken by the employer and the employer to apply to the employer;
2a.
promote the implementation of effective equality between women and men, in particular in recruitment, employment, training, continuing education and training and career advancement;
2b.
to promote the reconciliation of family and employment;
3.
To receive suggestions from employees and the representation of young people and trainees, and, if they appear to be entitled to do so, to work with the employer for an execution; he shall have the workers concerned at the level of the employer's position. and to inform the outcome of the negotiations;
4.
promote the integration of severely disabled persons and other vulnerable persons;
5.
prepare and carry out the choice of a youth and trainee representation and cooperate closely with this representation in order to promote the interests of the employees referred to in § 60 para. 1; he can make suggestions from the youth and trainee representative and request opinions;
6.
to promote the employment of older workers in the holding;
7.
to promote the integration of foreign workers in operation and understanding between them and the German workers, and to apply for measures to combat racism and xenophobia in operation;
8.
to promote and secure employment in the holding;
9.
Measures of occupational safety and health protection.
(2) 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 do not work in a working relationship with the Employers are standing. 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, (3) In carrying out its tasks, the works council may, in accordance with an agreement with the employer, consult experts to the extent that this is necessary for the proper performance of its tasks (4) The confidentiality obligation of the respondents and the expert shall apply in accordance with § 79.

Second section
Participation and right of appeal of the employee

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Section 81 obligation to teach and discuss the employer

(1) The employer shall inform the employee of his/her duty and responsibility as well as of the nature of his/her work and its classification in the course of the work of the establishment. Before commencement of employment, he/she shall have the worker of 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 (2) The employee must be informed of changes in his/her working area in good time. (3) In establishments where there is no works council, the employer shall consult the workers on any measures which may have an effect on the safety and health of workers. (4) The employer shall have the following information: Workers on the measures envisaged by the planning of technical installations, working procedures and work processes or jobs and their impact on the workplace, the working environment, and on the content and nature of the work Teaching activities. As soon as it is established that the activity of the worker is changing and that his professional knowledge and skills are not sufficient to fulfil his/her duties, the employer shall discuss with the worker, as he has done, his professional career. Knowledge 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. Unofficial table of contents

Section 82 Hearing and discussion rights of the worker

(1) The employee has the right to be heard in business matters relating to his/her person by the persons responsible for this purpose in accordance with the organisational structure of the holding. He is entitled to comment on measures taken by the employer concerning him, as well as to make proposals for the design of the workplace and the working process. (2) The worker may require that he be calculated and the composition of his pay and that he will discuss with him the assessment of his achievements as well as the possibilities of his professional development in operation. 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. Unofficial table of contents

Section 83 Insight into the personnel files

(1) The employee shall have the right to inspect the personnel files held by him. He may also be a member of the works council. The member of the works council must 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 employee on the content of the personnel file are to be attached to it at its request. Unofficial table of contents

Section 84 Complaints

(1) Any worker shall have the right to complain to the competent authorities of the establishment if he or she feels at a disadvantage or unfairly treated by the employer or by employees of the holding or who feels otherwise affected. (2) The employer has to make a modest contribution to the employee's handling of the complaint and, in so far as he deems the complaint to be justified, to remedy the complaint. (3) the levying of a complaint must not lead to disadvantages for the worker. Unofficial table of contents

Section 85 Treatment of complaints by the works council

(1) The works council has received complaints from employees and, if it considers them justified, to assist the employer to remedy the situation. (2) Existence of disagreements between the works council and the employer on the entitlement to the employer the complaint, the works council may refer the case to the deposit. The agreement between the employer and the works council is replaced by the agreement of the unification office. This does not apply in so far as the subject matter of the complaint is a legal claim. (3) The employer has to inform the works council about the handling of the complaint. Section 84 (2) shall remain unaffected. Unofficial table of contents

Section 86 Supplementary agreements

The details of the appeal procedure may be regulated by collective agreement or agreement. In this case, it can be determined that in the cases of § 85 (2), an operating complaint body is to be replaced by the office of the installation. Unofficial table of contents

Section 86a Workers ' right of proposal

Each worker has the right to propose to the Works Council for advice on matters relating to counselling. If a proposal of at least 5 is supported by the hundred of the employees of the holding, the works council shall put it on the agenda for a meeting of works council within two months.

Third Section
Social Affairs

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Section 87 Codetermination rights

(1) The works council shall, in so far as a statutory or tariff regulation does not exist, to participate in the following matters:
1.
Questions relating to the organisation of the operation and behaviour of workers in the establishment;
2.
Start and end of daily working hours, including breaks and distribution of working time on the individual days of the week;
3.
temporary shortening or prolongation of normal working hours;
4.
the time, place and type of payment of the labour charges;
5.
the establishment of general holiday principles and the holiday plan, as well as the setting of the period of leave for individual workers, if no agreement is reached between the employer and the employees involved;
6.
the introduction and application of technical facilities designed to monitor the behaviour or performance of workers;
7.
rules on the prevention of accidents at work and occupational diseases, as well as on health protection in the context of statutory provisions or the rules on the prevention of accidents;
8.
the form, design and management of social services, the scope of which is limited to the holding, the undertaking or the Group;
9.
the allocation and termination of accommodation leased to the workers with respect to the existence of an employment relationship and the general definition of the conditions of use;
10.
-questions of company wage design, in particular the establishment of remuneration principles and the introduction and application of new remuneration methods and their modification;
11.
the setting of chord and premium rates and comparable performance-related charges, including monetary factors;
12.
principles relating to operational proposals;
13.
Principles for the implementation of group work; group work within the meaning of this provision shall be based on the fact that, in the course of the operational work sequence, a group of employees is essentially responsible for a total transfer of the work carried out by a group of employees. is done.
(2) If an agreement on a matter referred to in paragraph 1 does not materiarise, the settlement body shall decide. The agreement between the employer and the works council is replaced by the agreement of the unification office. Unofficial table of contents

Section 88 Volunteer Operating Agreements

In particular, operating arrangements may be used to regulate:
1.
additional measures for the prevention of accidents at work and health-related damage;
1a.
measures of operational environmental protection;
2.
the setting-up of social services, the scope of which is limited to the holding, the undertaking or the Group;
3.
measures to promote wealth creation;
4.
Measures to integrate foreign workers and combat racism and xenophobia in operation.
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Section 89 Working and operational environmental protection

(1) The works council must work to ensure that the rules on occupational safety and accident prevention are carried out in operation as well as on environmental protection of the environment. 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. (2) The employer and the bodies referred to in the second sentence of paragraph 1 shall be obliged to assist the works council or the members of the works council designated by it in all cases relating to the protection of work or accident prevention. To include visits and 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. (3) As a company environmental protection within the meaning of this Act, all personnel and organisational measures as well as all the in-company buildings, spaces, technical installations, Working methods, work processes and jobs (4) Meeting of the employer with the security officers within the scope of Section 22 (2) of the Seventh Book of the Social Code shall be attended by works council members appointed by the works council. (5) The Works council receives from the employer the minutes of examinations, visits and meetings, to which he is to be added under paragraphs 2 and 4. (6) The employer has a copy of the works council according to § 193 (5) of the Seventh Book of the Social Code of the Works Council for the Accident Display to be handed out.

Fourth Section
Design of workplace, work flow and work environment

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§ 90 Education and advisory rights

The employer has the works council on the planning
1.
new, redevelopment and extension structures of factory, administrative and other operating rooms,
2.
of technical installations,
3.
of working methods and work processes, or
4.
of jobs
(2) The employer shall, together with the works council, have the measures provided for and their effects on the workers, in particular the nature of their work and the nature of their work. , to advise employees in sufficient time to take account of proposals and concerns of the works council 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. Unofficial table of contents

Section 91 Codetermination

In the event of changes in employment, work or work environment, workers who are evidently opposed to the secure work-related findings on the humane organisation of work, shall be the subject of: In particular, the works council may require appropriate measures to wade, mitigate or compensate for the burden. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the works council is replaced by the agreement of the unification office.

Fifth Section
Personnel matters

First subsection
General Personnel Affairs

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Section 92 Personnel planning

(1) The employer shall, on the basis of documents, have the works council on staff planning, in particular on the current and future staffing requirements and on the personnel measures and measures resulting therefrom. in a timely and comprehensive manner. It has to consult with the works council on the nature and extent of the measures required and on the avoidance of hardship. (2) The works council can make proposals to the employer for the introduction of a personnel planning and its implementation. (3) The 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. Unofficial table of contents

Section 92a Employment assurance

(1) The works council may make proposals to the employer to secure and promote 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, (2) The employer has to consult with the works council. (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. Unofficial table of contents

Section 93 Call for tender for jobs

The works council may require that jobs to be filled be spelled out in general or for certain types of activities prior to their occupation within the establishment. Unofficial table of contents

Section 94 Staff questionnaire, assessment principles

(1) Staff questionnaials shall require the approval of the works council. If agreement is not reached on the content of the agreement, the settlement body shall decide. (2) Paragraph 1 shall apply in accordance with personal information in written employment contracts which are to be used for the operation in general, and for the following: Establishment of general assessment principles. Unofficial table of contents

§ 95 Selection Guidelines

(1) Guidelines on the selection of personnel in the case of settings, transfers, regroupings and dismissal are 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 replaces the agreement between the employer and the works council. (2) In establishments with more than 500 employees, the works council may decide to draw up guidelines on the measures referred to in the first sentence of paragraph 1. subject to professional and personal requirements and social aspects. If an agreement is not reached on the directives or their content, the resolution shall be decided. The objection of the Einigungsstelle replaces the agreement between the employer and the works council. (3) The assignment within the meaning of this Act is the allocation of another work area which is expected to exceed the duration of one month, or the a significant change in the circumstances in 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 deemed to be a displacement.

Second subsection
Vocational training

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Section 96 Promotion of 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, employers and works councils have to promote vocational training for 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. To this end, the works council may make proposals. (2) The employer and the works council must ensure that, taking into account the operational needs of the employees, the employees participate in operational or extra-occupational activities of the employees. Vocational training is enabled. They also have to take into account the concerns of older workers, part-time workers and workers with family responsibilities. Unofficial table of contents

Section 97 Institutions and measures of vocational training

(1) The employer has to work with the works council on the establishment and equipping of occupational training facilities, the introduction of vocational training measures and participation in non-occupational vocational training measures. (2) If the employer has planned or carried out measures which result in changes in the activities of the workers concerned and that their professional knowledge and skills are no longer sufficient to fulfil their duties, the employer shall: Works council in the introduction of measures for vocational training to be determined. If an agreement is not reached, the settlement body shall decide. The agreement between the employer and the works council is replaced by the agreement of the unification office. Unofficial table of contents

Section 98 Implementation of operational training measures

(1) The works council has to participate in the implementation of vocational training measures. (2) The works council may object to the appointment of a person responsible for the performance of vocational training or to order the appointment of a person responsible for the implementation of vocational training. (3) If the employer does not possess the personal or professional, in particular vocational and occupational educational aptitude in the sense of the Vocational Training Act or neglects its tasks. (3) The employer shall take operational measures of vocational education and training, or shall provide for non-operational measures of Vocational training Workers free or in whole or in part of the costs arising from the participation of employees in such measures, the works council may make proposals for the participation of employees or groups of workers (4) If agreement is not reached in the case referred to in paragraph 1 or on the basis of the participants proposed by the works council pursuant to paragraph 3, the settlement body shall decide. (5) If agreement is not reached in the case referred to in paragraph 2, the works council may apply to the Labour Court to give the employer the right to appoint a , or the convening of 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 organisation of vocational training shall remain unaffected. (6) Paragraphs 1 to 5 shall apply mutatily if the employer carries out other training activities in operation.

Third Subsection
Individual measures

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Section 99 Co-determination in the case of individual individual measures

(1) In companies with generally more than 20 eligible employees, the employer must inform the works council before any setting, grouping, regrouping and transfer, the required application documents and to provide information on the person of the parties concerned; he shall provide the works council with information on the impact of the proposed measure and the approval of the works council on the planned measures, on presentation of the necessary documents. Action to be taken. 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 1 and 2, the meaning or content of the workers ' personal relations and their content. (2) The works council may refuse to consent if: (2) The works council may refuse to consent if:
1.
the personnel measure against a law, a regulation, an accident prevention provision or a provision in a collective agreement or in an operating agreement or against a court decision or an administrative order would be in breach
2.
the staff measure would be in breach of a directive under section 95,
3.
the facts are concerned by the fact that workers employed in the operation of the operation are terminated or that there are other disadvantages, without this being justified for operational or personal reasons; In the event of an indefinite suspension, the disadvantage also applies to the non-consideration of an equally suitable temporary employee,
4.
the worker concerned is penalised by the staff measure, without this being justified on the grounds of business or the person of the worker;
5.
an invitation to tender in accordance with § 93 has remained in service; or
6.
there is concern, on the basis of facts, that the applicant or employee who is in favour of the staff measure is in breach of the rules of law by unlawful conduct or by gross violation of the provisions of section 75 (1) principles, in particular by means of racist or xenophobic activity.
(3) If the works council refuses to give its 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 within the time limit of its consent, the agreement shall be deemed to have been granted. (4) If the works council refuses to give its consent, the employer may, in the case of the labour court, request to replace the consent. Unofficial table of contents

§ 100 Preliminary personnel measures

(1) If, for objective reasons, the employer is urgently required to do so, the employer may provisionally implement the personnel measure within the meaning of Section 99 (1) sentence 1 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 must inform the works council immediately 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 consent of the works council and the determination that the measure should be taken out of (3) The court, by a final decision, rebates the replacement of the works council's consent or finds it legally binding that the measure does not appear to be urgent for objective reasons. , the provisional staff measure shall end at the end of two weeks by the legal force of the decision. From that date on, the staff measure must not be maintained. Unofficial table of contents

§ 101 Forced Money

If the employer carries out a personal measure within the meaning of section 99 (1) sentence 1 without the consent of the works council, or if he maintains a provisional staff measure contrary to § 100 para. 2 sentence 3 or paragraph 3, the works council may at the time of Apply to the Labour Court to give the employer the option of lifting the staff 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 forced to waive 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. Unofficial table of contents

Section 102 Co-determination of dismissals

(1) The works council shall be heard before any dismissal. The employer shall inform him of the reasons for the dismissal. A notice of termination without hearing the works council is ineffective. (2) If the works council has doubts about a proper termination, it must 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, consult the workers concerned before it has delivered its opinion. (3) The works council may object to the ordinary notice of dismissal within the time limit laid down in the first sentence of paragraph 2, if:
1.
the employer has not, or has not sufficiently taken into account, in the selection of the worker to be proclaimed, social aspects,
2.
the termination of the contract is in breach of a directive pursuant to § 95,
3.
the worker to be proclaimed may be employed in another workplace in the same establishment or in another undertaking of the undertaking,
4.
the continued employment of the worker is possible after reasonable retraining or further training measures; or
5.
the employee can continue to work under the conditions of the contract, and the employee has herewith declared his agreement.
(4) If the employer dismises, although the works council has contradicted the termination of the contract in accordance with paragraph 3, he shall forward a copy of the opinion of the works council to the employee with the termination. (5) If the works council has an ordinary If the employee has brought an action to the effect that the employment relationship has not been dissolved by the termination of the contract, the employer must, at the request of the employee, be required to If the employee has completed the period of notice until the end of the period of notice has expired, the Continue to deal with legal disputes in the case of unchanged working conditions. At the request of the employer, the Court of First Instance may, by means of an inoperative disposition, release it from the obligation to continue employment as set out in the first sentence, provided that:
1.
the employee's action does not offer sufficient prospects of success or appears to be reasonable, or
2.
the continued employment of the worker would lead to an unreasonable economic burden on the employer; or
3.
the contradiction of the works council was manifestly unfounded.
(6) Employers and works councils may agree that dismissals require the approval of the works council and that in the event of disagreement on the authorization of the non-division of consent, the agreement shall decide. (7) The Provisions relating to the holding of the works council under the law on protection of dismissal remain unaffected. Unofficial table of contents

Section 103 Extraordinary dismissal and dismissal in special cases

(1) The extraordinary dismissal of members of the works council, the representation of youth and trainees, the on-board representation and the Maritime Works Council, the electoral board as well as the election candidates shall require the approval of the works council. (2) Refund to the Where the works council 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 employee concerned shall be the participant. (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 apply not if the worker concerned is in agreement 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

Section 104 Removal of working-abiding workers

If a worker has repeatedly been seriously disturbed by unlawful conduct or by gross violation of the principles contained in Article 75 (1), in particular by means of racist or xenophobic activities, the operating peace can be seriously disturbed, the Works council from the employer require dismissal or dismissal. 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

Section 105 Conducting Employees

An intentional cessation or change in the personnel of a senior employee referred to in § 5 (3) shall be communicated to the works council in good time.

Sixth Section
Economic Affairs

First subsection
Information in economic matters

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Section 106 Economic Committee

(1) An economic committee shall be set up in all undertakings with, as a rule, more than one hundred permanent employees. The Committee on Economic and Social Affairs has the task of advising economic affairs with the businessman and informing the works council. (2) The business committee has the economic committee in good time and comprehensively informed about the economic situation. inform the company of the necessary documents, in so far as it does not jeopardise the company's commercial and commercial secrets, as well as the resulting effects on the company's business and business activities; To represent 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. (3) Economic matters within the meaning of this provision shall include, in particular, the following:
1.
the economic and financial situation of the undertaking;
2.
the production and sales situation;
3.
the production and investment programme;
4.
rationalization projects;
5.
production and working methods, in particular the introduction of new working methods;
5a.
Questions relating to environmental protection of the environment
6.
the restriction or decommissioning of holdings or of parts of businesses;
7.
the transfer of holdings or parts of businesses;
8.
the concentration or division of undertakings or undertakings;
9.
the modification of the operational organisation or of the operational purpose;
9a.
the acquisition of the undertaking, where the acquisition of the control is hereby associated, and
10.
other operations and projects which are likely to affect the interests of the employees of the undertaking.
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Section 107 Order and composition of the Economic Committee

(1) The Economic Committee shall consist of at least three and at most seven members who must belong to the undertaking, 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). The members of the Economic Affairs Committee shall be appointed by the works council for the duration of their term of office, and shall be subject to the necessary professional and personal competence to perform their duties. 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; to the convening, the provisions of sentences 1 and 2 shall apply accordingly. (3) The works council may decide by a majority of its members ' votes to carry out 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. However, the works council may appoint other employees, including the officers referred to in Article 5 (3), up to the same number as the Committee members, to the Committee; the decision shall be set 1. § 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 those 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. Unofficial table of contents

Section 108 Meetings

(1) The Economic Committee shall meet once a month. (2) In meetings of the Economic Committee, the entrepre or his representative shall participate. 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 confiscation and the duty of confidentiality of experts. (3) The members of the Economic Committee shall be entitled to inspect the documents to be submitted pursuant to Section 106 (2). (4) The The Economic Committee 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) Has the works council or the overall works council any other way of carrying out the tasks of the Economic Committee , paragraphs 1 to 5 shall apply mutatily. Unofficial table of contents

Section 109 Settlement of disagreements

If, contrary to the request of the Economic Committee, information on the economic affairs of the company in the sense of § 106 is not given, not in time or only insufficiently, and there is an agreement between the businessman and the works council. If agreement is not reached, the settlement body shall decide. The agreement between the employer and the works council is 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 be deemed to have been adopted accordingly. Unofficial table of contents

Section 109a Corporate takeover

In companies where there is no economic committee, in the case of section 106 (3) (9a) the works council must be involved in accordance with Section 106 (1) and (2); § 109 shall apply accordingly. Unofficial table of contents

Section 110 Information of employees

(1) In undertakings with generally more than 1000 employees permanently employed, the trader shall have 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 to inform the employees in writing of the economic situation and development of the undertaking. (2) In undertakings which do not meet the conditions set out in paragraph 1, but as a rule more than 20 eligible persons permanent workers, paragraph 1 shall apply with the proviso that the Information for workers can be made orally. If an economic committee is not to be set up in these undertakings, the information shall be provided after prior consultation with the works council.

Second subsection
Operational Changes

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Section 111 Operating amendments

In companies with generally more than 20 eligible employees, the entreprenter has the works council on planned changes in operations, which have significant disadvantages for the workforce or significant parts of the workforce. can be informed in a timely and comprehensive manner and the planned changes in operation are to be discussed with 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. The operating changes referred to in the first sentence shall apply:
1.
Limitation and decommissioning of the whole holding or of essential parts of the holding,
2.
Transfer of the whole holding or of substantial parts of the holding,
3.
Merger with other holdings or the division of holdings,
4.
fundamental changes in the operational organisation, the operational or operational facilities,
5.
Introduction of fundamentally new working methods and manufacturing processes.
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Section 112 Interests of interests in the area of business change, social plan

(1) If there is a balance of interests between the contractor and the works council about the planned change of operation, it must be written down in writing and signed by the entreprenter and 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 be applied to the social plan. (2) If a balance of interests is not reached on the planned change of operation or agreement on the social plan, then the entrepre or the works council may be appointed to the Executive Board of the Federal Employment Agency. for work on mediation, the Executive Board can transfer the task 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 are to make proposals to the conciliation body to settle the differences of opinion 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 must be written down in writing and signed by the parties and by the chairman. (4) If agreement on the social plan is not reached, the agreement shall decide on the establishment of an agreement. Social plan. The agreement between the employer and the works council replaces the agreement between the employer and the works council. (5) In its decision under paragraph 4, the entity must take account both of the social concerns of the workers concerned and of the social needs of the workers concerned. to respect the economic viability of their decision for the company. Within the framework of cheap discretion, the unit of integration has in particular to be guided 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 benefits for occupational retirement provision, removal costs or increased travel costs, Provide services which, as a rule, take account of the circumstances of the individual case.
2.
It has to take into account 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 alone.
2a.
In particular, it should take account of the possibilities of support provided for in the Third Book of the Social Code in order to avoid unemployment.
3.
In calculating the total amount of social services, the Commission must ensure that the continued existence of the undertaking or the remaining jobs after the operation of the company changes are not endangered.
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Section 112a Enforceable social plan in the event of staff reduction, new start-ups

(1) If there is a planned change of operation within the meaning of § 111 sentence 3 no. 1 alone in the dismissal of employees, Section 112 (4) and (5) shall apply only if:
1.
in establishments with, as a rule, less than 60 employees, 20 per cent of the regular employees, but at least 6 employees,
2.
in establishments with as a rule at least 60 employees and less than 250 employees, 20 of the hundred of the regular employees or at least 37 employees,
3.
in establishments with as a rule not less than 250 employees and less than 500 employees, 15 per cent of the regular employees or at least 60 employees,
4.
in establishments with, as a general rule, at least 500 employees 10 of the hundred of the regular employees, but at least 60 employees
shall be dismissed for operational reasons. The dismissal also applies to the withdrawal of employees from the employer on the grounds of cancellation contracts. (2) § 112 (4) and (5) do not apply to companies of a company in the first four Years after its foundation. 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 German Tax Code. Unofficial table of contents

Section 113 Night Ice Balance

(1) In the event of a balance of interests relating to the planned change of operation without compelling reason, the trader shall be entitled to bring an action before the Labour Court with the application to the Labour Court to which the worker is dismissed as a result of that derogation. (2) In the event of a derogation referred to in paragraph 1, employees suffer from other economic disadvantages, the trader shall have these disadvantages up to the for a period of 12 months. (3) The provisions of paragraphs 1 and 2 shall apply accordingly, if the contractor 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 suffer.

Fifth Part
Specific rules for individual operating modes

First section
Maritime transport

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Section 114 Principles

(1) In the case of maritime undertakings and their establishments, this Act 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 shall: Merchant shipping operates 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, equipment supplier or, on the basis of a similar legal relationship, ships used for purchase by sea shipping if he/she is an employer (3) As a sea-holding company within the meaning of this Act, the total number of ships of a shipping company, including those referred to in the second sentence of paragraph 2, shall apply. (4) Ships within the meaning of this Act are Kauffehrteiships, which, according to the flag law, lead the Federal flag. Ships, which normally return to the headquarters of a land operation within 24 hours after the departure, shall be considered as part of the land operation of the shipping company. (5) Youth and trainees ' representatives shall be considered only for the agricultural holdings of: (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. Unofficial table of contents

§ 115 Board representation

(1) On ships, which are usually occupied by at least five eligible crew members, three of which are eligible, an on-board representation is elected. The provisions relating to 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 The rules governing the choice and composition of the works council shall apply with the following conditions:
1.
All crew members of the ship shall be entitled to vote.
2.
The crew members of the ship are eligible to vote on the election day 18. 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. The third sentence of Section 8 (1) remains unaffected.
3.
The on-board representation shall consist of ships with as a rule

5 to 20 eligible crew members
from a person,
21 to 75 eligible crew members
of three members,
over 75 eligible crew members
of five members.
4.
(dropped)
5.
Section 13 (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 § 13 (2) (2) to (5).
6.
The members of the crew may decide, by a majority of the votes cast, to elect the on-board representation within 24 hours.
7.
The time limit referred to in § 16 (1) sentence 1 shall be reduced to two weeks, the period referred to in Article 16 (2) sentence 1 shall be reduced to one week.
8.
If the on-board representation in the office does not order an electoral board in good time or if there is no board representation, the electoral board is elected by the majority of the members of the crew present in a brothel assembly; § 17 (3) applies 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 working court remain unaffected.
9.
The time limit for the election of the crew shall begin on board if the ship, after the announcement of the result of the election, is the first to enter a port within the scope of that law or a port in which a SeemannOffice has its seat. 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 withdraws the voting documents on board. The Declaration of Appeal and the drawn-in electoral documents shall be forwarded by the SeemannOffice immediately to the working court responsible for the dispute.
(3) § § 21, 22 to 25 shall apply to the term of office of the on-board representation, subject to the condition that:
1.
the term of office is one year,
2.
the membership of the on-board representation shall also end when the crew member terminates the service on board, unless the service on board starts again before the end of the term of office referred to in point 1.
(4) § § 26 to 36, § 37 (1) to (3) and § § 39 to 41 shall apply to the management of the on-board 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. (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. (6) § § 47 to 59 of the General Works Council and the Group Works Council do not apply to the onboard representation. (7) § § 74 to 105 on the participation and participation of workers shall apply to the on-board representation, subject to the following conditions:
1.
The on-board representation shall be responsible for the treatment of matters subject to the involvement and participation of the works council in respect of the on-board or crew members of the ship and the rules of which are applicable to those matters under this Act. shall be incumbated by 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 master and the on-board representation in a matter which is subject to the participation or participation of the onboard representation, the matter may be delivered by the on-board representative to the Maritime Works Council. The Maritime Works Council shall inform the on-board representation of the further handling of the matter. On-board representation and the captain may only call the centre of employment or the labour court if a Maritime Works Council is not elected.
3.
On-board representation and master may conclude on-board agreements within the limits of their responsibilities. 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 to maintain the proper functioning of the board. Ship operation is urgently needed. The crew members affected by the order shall be aware of the preliminary nature of the scheme. To the extent that the provisional arrangements do not comply with the final arrangements, the shipping company has to compensate for the disadvantages caused by the provisional arrangement to the crew members.
5.
The on-board representation shall have the right to regular and comprehensive information on the operation of the ship. The required documents shall be submitted to the on-board representation. The ship's operations include, in particular, ship safety, itineraries, estimated arrival and departure times, and cargo to be transported.
6.
At the request of the on-board representation, the master shall give their access to the shipwrecks 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 shall be required.
7.
The responsibility of the on-board representation in the context of occupational safety and health also relates to ship safety and cooperation with the competent authorities and other relevant bodies.
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Section 116 Maritime Works Council

(1) Maritime works councils are elected by sea. The provisions relating to 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 provide otherwise. (2) The rules governing the choice, composition and term of office of the works council shall apply with the following conditions:
1.
All crew members belonging to the shipping company shall be entitled to vote in the Maritime Works Council.
2.
For the eligibility of the Maritime Works Council, § 8 shall apply with the proviso that:
a)
in maritime shipping companies, which include more than eight ships, or in which more than 250 crew members are normally employed, only eligible members of the crew can be selected in accordance with Section 115 (2) (2);
b)
in cases where the conditions laid down in point (a) are not fulfilled, only employees who, in accordance with Article 8, have eligibility to operate in the land operation of the shipping company shall be eligible, unless the employer has the choice of: Crew members agree.
3.
The Maritime Works Council consists of a person, 401 to 800 eligible members of the crew consisting of three members, more than 800 eligible members of the crew, more than 800 persons entitled to vote, of 5 to 400 persons entitled to vote in the regulation. Members.
4.
An election proposal shall be valid if, in the case of the first sentence of section 14 (4), first sentence, and second sentence, it is signed by at least three members of the crew entitled to vote.
5.
§ 14a shall not apply.
6.
The period referred to in Article 16 (1) sentence 1 shall be extended to three months, the period referred to in Article 16 (2) sentence 1 shall be extended to two months.
7.
Members of the electoral board may also be employed in the land operation of the maritime transport 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 neither a General Works Council nor a Group Works Council is appointed, the Board of Directors shall be appointed jointly by the employer and the trade unions represented in the Maritime Operation; the same shall apply if the General Works Council or the Group Works Council is responsible for the Order of the electoral board after sentence 3 is not allowed. 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. § 16 (2) sentences 2 and 3 shall apply accordingly.
8.
The time limit for the election of the crew in accordance with Article 19 (2) shall commencing on board crew members if, after notification of the result of the election, the ship for the first time has a port within the scope of that law or a port in which a seaman's office and its seat are located has been going on. 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 when the Maritime Works Council consists 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 employment referred to in paragraph 3 (2).
(3) § § 26 to 41 of the Board of Directors of the Works Council shall apply to the Maritime Works Council with the following conditions:
1.
By way of derogation from Article 33 (2), in matters in which the Maritime Works Council has to take a position within a specified period of time under this Act, it may take a decision without regard to the number of members who have been brought to the meeting, if the members have been properly loaded.
2.
To the extent that the members of the Maritime Works Council are not to be exempted, they shall be engaged in such a way that they are not prevented by their activities from performing the duties 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 agreement between the employer and the Maritime Works Council replaces the agreement between the employers and the Maritime Works Council.
3.
The members of the Maritime Works Council, who are members of the crew, are also to continue to pay the Heuer when they are employed in the land-use business. It shall be appropriate to depart appropriate measures. If the new workplace is higher, then the salary corresponding to that job must be paid.
4.
In the light of local circumstances, the accommodation of the crew members elected to the Maritime Works Council shall be subject to a regulation between the Maritime Works Council and the employer if the place of work is not at the place of residence is located. 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 employers and the Maritime Works Council.
5.
The Maritime Works Council has the right to enter any ship belonging to the Maritime Company, to act within the framework of its duties, and to attend the meetings of the board. 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 may, after informing the captain, hold office hours on board and carry out board meetings of the crew members.
7.
If a ship does not have a port within the scope of this Act within a calendar year, the provisions of paragraphs 5 and 6 shall apply to European ports. The sluices of the North-East Sea are not considered to be ports.
8.
In agreement with the employer, office hours and on-board meetings may also be carried out in other recumbering ports of the ship, by way of derogation from points 6 and 7, if there is an urgent need therefor. 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 employers and the Maritime Works Council.
(4) § § § 42 to 46 of the General Assembly shall not apply to the operation of the sea. (5) For the operation of the sea, the Maritime Works Council shall carry out the duties, powers and duties assigned to the works council in Sections 47 to 59. (6) § § 74 to 113 on the participation and participation of workers shall be applied to the Maritime Works Council, subject to the following conditions:
1.
The Maritime Works Council shall be responsible for the treatment of matters subject to the participation or participation of the works council in accordance with this law,
a)
which concern all or several ships of the sea operation or the crew members of all or several vessels of the operation of the sea,
b)
which have been submitted by the on-board representation pursuant to Section 115 (7) (2); or
c)
which is not the responsibility of the on-board representation pursuant to Section 115 (7) (1).
2.
The Maritime Works Council shall be regularly and fully informed of the shipping operation of the maritime transport company. The necessary documents shall be submitted to it.

Second section
Aviation

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Section 117 applicable to aviation

(1) This Act shall apply to land-based undertakings of air carriers. (2) A representation may be established by collective agreement for employees of air carriers employed in flight operations. The collective agreement may provide for derogations from this law through 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 law.

Third Section
Tenzbetriebe and religious communities

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Section 118 Application for Tendenzers and Religious Communities

(1) For undertakings and establishments which are directly and predominantly
1.
political, coali-political, confessional, charitable, educational, scientific or artistic regulations, or
2.
for the purposes of reporting or expression, to which the second sentence of Article 5 (1) of the Basic Law applies,
, the provisions of this Act shall not apply in so far as the inherent nature of the undertaking or 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 works. (2) This law does not apply to Religious communities and their charitable and educational institutions, without prejudice to their legal form.

Sixth Part
Criminal and penal rules

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Section 119 Crime offences against operating constitutional bodies and their members

(1) With a custodial sentence of up to one year or a fine shall be punished, who
1.
an election of the works council, the representation of youth and trainees, the on-board representation, the Maritime Works Council or the representatives of the employees referred to in Article 3 (1) 1 to 3 or 5, or by the addition or threat of handicaps or, by granting or promising benefits,
2.
the activities 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 Section 3 (1), the Einigungsstelle, the tariff conciliation body referred to in Article 76 (8), the company complaint body referred to in § 86, or the Economic Committee disabled or disturbed, or
3.
a member or a 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 Board representative, the Maritime Works Council, the representations of the employees referred to in § 3 (1), the office of settlement, the authority referred to in Article 76 (8), the company complaint body referred to in Article 86, or the office of appeal referred to in Article 86 of the Economic Committee for the sake of its activity, or a person providing information pursuant to § 80 (2) Sentence 3 for the sake of its activity is at a disadvantage or favours.
(2) The deed shall only be made at the request of the works council, the general works council, the group works council, the on-board representation, the SeeWorks Council, one of the representatives of the employees, the electoral board, the entrepre or a representative designated in section 3 (1) of this article. trade union represented on the holding. Unofficial table of contents

§ 120 Violation of secrets

(1) Anyone who discloses unauthorised disclosure of business or business secrecy which he or she has in his capacity as
1.
Member or substitute member of the works council or any of the bodies referred to in section 79 (2),
2.
representatives of a trade union or employers ' association,
3.
Expert who has been consulted by the works council pursuant to section 80 (3) or has been consulted by the office of entry in accordance with § 109 sentence 3,
3a.
Adviser, who has been consulted by the works council pursuant to § 111 sentence 2,
3b.
Information person made available to the works council pursuant to section 80 (2) sentence 3, or
4.
Employees who have been consulted by the works council pursuant to § 107 (3) sentence 3 or by the Economic Committee pursuant to § 108 (2) sentence 2
and which has been expressly designated by the employer as being in need of secrecy, shall be punished with imprisonment of up to one year or a fine. (2) Likewise, shall be punished who unauthorised a foreign secret of a the worker, in particular a secret belonging to his or her personal life, which has become known to him in his capacity as a member or a substitute member of the works council or of any of the bodies referred to in section 79 (2), and which is to be kept silent under the provisions of this Act. (3) the offender against payment or in order to enrich himself or another person 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 is unauthorised to use a foreign secret, in particular an operating or trade secret, for the secrecy of which he is bound by paragraphs 1 or 2. (4) Paragraphs 1 to 3 shall also be applied if the offender is responsible for the (5) The deed is only persecuted at the request of the person who has been injured. If the injured person dies, the right of application shall be applied to the relatives in accordance with Section 77 (2) of the Criminal 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 mutaly. Unofficial table of contents

Section 121 Bußfines

(1) The order is contrary to the information or disclosure requirements referred to in Article 90 (1), 2 sentence 1, § 92 (1) sentence 1, also in connection with paragraph 3, § 99 (1), § 106 (2), § 108 (5), § 110 or § 111. incomplete or delayed. (2) The administrative offence can be punished with a fine of up to ten thousand euros.

Seventh Part
Amendment of laws

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§ 122

(Amendment of the Civil Code)
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§ 123

(Amendment of the Termination Protection Act)
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Section 124

(Amendment of the Labour Court Act)
(unopposed)

Eighth Part
Transitional and final provisions

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§ 125 First-time elections under this Act

(1) The first-time works 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 § 64 paragraph 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, no later than 30 November 1988. (3) elections of the works council, the on-board representation, the Maritime Works Council and the Representation of young people and trainees, which will be initiated after 28 July 2001, will find the First Regulation on the Implementation of the Works Constitution Act of 16 January 1972 (BGBl. 49), as last amended by Regulation vm 16 January 1995 (BGBl I). 43), the Second Regulation on the Implementation of the Law on the Constitution of the European Union of 24. October 1972 (BGBl. I p. 2029), as last amended by the Regulation of 28 September 1989 (BGBl. 1795) and the Ordination on the Implementation of the Works Council Elections at the Postal Enterprises of 26 June 1995 (BGBl. 871) until such time as they are amended. (4) In addition, the simplified electoral procedure in accordance with Section 14a of the First Regulation implementing the Law on the Law of the Works Constitution shall apply until the date of change with the following measures. Application:
1.
The deadline for the invitation to the election meeting to elect the electoral board in accordance with Section 14a (1) of the Act shall be 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 shall apply as follows:
a)
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) (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 Act).
b)
In the case of section 14a (3) of the Act, the electoral management body 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) No. 7, the election proposals must be submitted to the electoral board at the latest one week before the election meeting for election of the works council (section 14a (3) sentence 2 of the law).
3.
The opposition period of Section 4 (1) shall be reduced to three days.
4.
§ § 6 to 8 and § 10 (2) shall apply with the proviso that the election shall 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 meeting for election of the works council (section 14a (3) sentence 2 of the law) to be submitted to the electoral board.
5.
§ 9 shall not apply.
6.
§ § 21 et seq. of the electoral procedure are to be found in the 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.
Section 25 (5) to (8) shall not apply.
8.
Section 26 (1) shall apply with the proviso that the person entitled to vote must have been informed of his request for a written vote at the latest three days before the date of the election meeting to elect the works council to the electoral board.
9.
§ 31 shall apply in accordance with the proviso that the election of the youth and trainee representatives shall take place on the basis of nominations.
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Section 126 Authorisation to enact electoral regulations

The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to adopt legal regulations to regulate the elections referred to in § § 7 to 20, 60 to 63, 115 and 116 of
1.
the preparation of the election, in particular the drawing up of the electoral lists and the calculation of the number of representatives;
2.
the time limit for inspection of the voter lists and the collection of objections against them;
3.
the list of proposals and the deadline for their submission;
4.
the letter of election and the time limits for its publication;
5.
the vote;
5a.
the distribution of seats in the works council, in the on-board representation, in the Maritime Works Council and 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 results of the election and the time limits for its publication;
7.
the storage of the electoral markets.
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Section 127 referrals

Where reference is made in other provisions to provisions or names which are repealed or amended by this Act, the relevant provisions or designations of this Act shall be replaced by those provisions. Unofficial table of contents

§ 128 Existing deviating collective agreements

The date of entry into force of this Act in accordance with Section 20 (3) of the German Works Constitution Act of 11. This Act does not apply to collective agreements in force on the establishment of a different representation of workers for establishments in which special difficulties arise from the setting up of works councils because of their own nature. touched. Unofficial table of contents

Section 129

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Section 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

Section 131 (Berlin-clause)

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Section 132

(Entry into force)