Works Constitution Act

Original Language Title: Betriebsverfassungsgesetz

Read the untranslated law here: http://www.gesetze-im-internet.de/betrvg/BJNR000130972.html

Representation Act BetrVG Ausfertigung date: 15.01.1972 full quotation: "works Constitution Act in the version of the announcement of September 25, 2001 (BGBl. I S. 2518), most recently by article 3 paragraph 4 of the law of 20 April 2013 (Gazette I p. 868) is changed" stand: Neugefasst by BEK. v. 25.9.2001 I 2518;
 
amended by art. 3 par. 4 G v. 20.4.2013 I 868 for more information on the stand number found in the menu under notes § 21a idF d. Article 1 No. 51 G v. 23.7.2001 I 1852 serves the implementation of article 6 of Directive 2001/23/EC of the Council of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of rights of workers at the transfer of undertakings , Businesses or parts (OJ EC No. L 82, p. 16). § 75 idF d. Article 1 No. 51 G v. 23.7.2001 I 1852 serves partly implementing Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ EC No. L 303, p. 16).
Footnote (+++ text detection application from: 1.1.1975 +++) (+++ requirements due to EinigVtr cf. BetrVG annex EV;)
no longer apply under article 109 No. 3 lit. a DBuchst. HH G v. 8.12.2010 I 1864 mWv 15.12.2010 +++) (+++ official notes of the standard authority on EC law: implementation of EGRL 23/2001 (CELEX Nr: 301L 0023) EGRL 78/2000 (CELEX Nr: 300L 0078) see G v. 23.7.2001 I 1852 +++) table of contents part I General provisions sections 1 to 6 second part works Council, employee meeting, total and group works Council §§ 7 to first section 59a composition and election of the Works Council of sections 7 to 20 second section term of the Works Council of sections 21 to 25 third section management of the Works Council of sections 26 to 41 fourth section
Operating Assembly sections 42 to 46 fifth section of Central Works Council, paragraphs 47 to 53 sixth section group works Council §§ 54 to 59a third part of youth and sections 60 to 73 b first phase operational youth delegation and apprentice representation §§ 60 to 71 second section total - youth and apprentice representation §§ 72 to 73 third section group - youth and trainee representative sections 73a 73B fourth part participation and employee sections 74 to 113 of first section general sections 74 to 80 second section articles and appeal of the employee §§ 81-86a third section Social Affairs §§ 87 up 89 fourth section design of workplace, workflow and workspace sections 90 to 91 fifth section personnel affairs sections 92 to 105 of first subsection General personnel affairs sections 92 to 95 second subsection vocational training sections 96 to 98 third subsection personnel actions sections 99 to 105 sixth section Economic Affairs sections 106 to 113 of first subsection briefing in economic affairs sections 106 to 110 second subsection operating changes sections 111 to 113 fifth part of special provisions for individual modes sections 114 to 118 of first section maritime sections 114 to 116 second Section aviation section 117 third section trend enterprises and religious communities § 118 sixth part of criminal law and penalty provisions of paragraphs 119 to 121 seventh part change of laws sections 122 to 124 eighth part of transitional and final provisions articles 125 to 132 part I General provisions article 1 establishment of works councils (1) in plants with usually works councils are elected at least five permanent eligible workers, three of which are selectable. This also applies to joint operations of several enterprises.
(2) a joint operation of several companies is suspected 1 tracking technical purposes the resources as well as the employees of the companies together are used or 2 has the Division of a company as a result, that of an operating one or more plants will be associated another company involved in the Division, without that much changes in the Organization of the affected operating.

§ 2 position of trade unions and the employer associations work (1) an employer and Works Council in accordance with the applicable collective bargaining agreements with confidence and in cooperation with the trade unions represented in the operation and employer associations for the benefit of workers and the operation together.
(2) to carry out the tasks referred to in this Act and powers of trade unions represented in the operation, access to the operating is representatives after informing the employer or his representative to grant, where the conflict not indispensable needs of the production process, mandatory safety regulations or the protection of trade secrets.
(3) the tasks of the trade unions and the associations of employers, in particular, the perception of the interests of their members, are not affected by this law.

§ 3 (1) derogations by collective agreement can be determined: 1. for companies with several companies a) the establishment of a uniform corporate Works Council or b) the summary of operations, if this facilitates the formation of councils or serves a proper perception of the interests of workers;
2. for companies and groups, where they are organized by product or project-related business segments (divisions), and charge the business the formation of Councils in the fields of (Division works Council) decisions also in participation subject matters, if this is the proper performance of the duties of the Works Council;
3. other employee representation structures, as far as this in particular due to the operation, business, or group organization or due to other forms of cooperation by companies is an effective and proper representation of the interests of workers;
4. additional operating constitutional bodies (working groups), which serve the cross-company cooperation between employee representatives;
5. additional operating constitutional representatives of workers, which facilitate cooperation between councils and workers.
(2) No. 1, 2, 4, or 5 is in the cases of paragraph 1 no tariff regulation and also no other collective agreement applies the scheme can be made by agreement.
(3) is in the case of paragraph 1 No. 1 letter a no-tariff regulation and no Works Council, is the company employees with a majority may decide the choice of a single corporate Works Council. The vote can be made from at least three eligible employees of the company or a Trade Union represented within the company.
(4) if the collective agreement or the operating agreement states otherwise, rules are referred to in paragraph 1 to apply no. 1 to 3 for the first time at the next regular Council election, unless there is no Works Council or a new election of the Council, it is necessary for other reasons. The collective agreement or the operating agreement provides for a different election time, ends the term of existing works councils, that no. 1 to 3 eliminates the provisions referred to in paragraph 1, following the announcement of the election results.
(5) on the basis of a collective agreement or a works agreement pursuant to paragraph 1 No. 1 to 3 considered formed operating constitutional OUs establishments within the meaning of this Act. The provisions on the rights and obligations of the Works Council and the status of its members apply to the employee representative bodies formed in them.

§ 4 (1) operating parts apply operating parts, micro-enterprises as independent businesses, if they meet the requirements of § 1 para 1 sentence 1 and 1 geographically far from the main operation removed or 2. responsibilities and organization are self-contained.
Workers of operating part, in which is not their own works Council, may decide informally by a majority vote, to participate in the choice of the Works Council in the main operation; Section 3, paragraph 3, sentence 2 shall apply accordingly. The vote can be caused also by the Works Council of the main operation. The decision is at least ten weeks before the end of his term to inform the Works Council of the main operation. The sentences 2-4 shall apply mutatis mutandis for the revocation of the decision.
(2) establishments which do not meet the requirements of § 1 para 1 sentence 1, belong to the main operation.

§ 5 workers (1) workers (workers and employees) in the meaning of this Act are workers and employees including their vocational training, regardless of whether they are employed in the operation, in the field or with tele-working. As an employee, even if they work at home apply employees working in the main for the operation. Workers are workers who are working in premises of organized private companies also civil servants (civil servants and officials), soldiers (servicemen and women), as well as employees of the public service including to their vocational training.
(2) as an employee within the meaning of this Act do not apply 1 in operations of an entity is the members of the body that appointed as the legal representative of the legal person;
2.
the shareholders of a public trading company or the members of an other person whole, insofar as they are called by law, statute or memorandum of Association to represent the whole of the person or to the management on their farms;
3. persons whose Beschäftigung does not primarily serve their purchase, but it is mainly determined by motives of charitable or religious nature;
4. persons whose employment does not primarily serves their purchase and which are mainly employed for their healing, again settling, moral improvement, or education;
5. the spouse, the spouse, relatives and parents first degree, in domestic community with the employer live.
(3) as far as in him unless something else is intended, this Act does not apply to executives. Senior Executive is, who according to contract of employment and position in the company or in the operation 1 to independent recruitment and dismissal in the operation or in the operations department is entitled to workers has 2 General power of attorney or power of Attorney and the signature authority also in the relationship with the employer is not insignificant or regularly other tasks perceives 3 which are for the existence and development of the company or a holding and the fulfilment of which requires special knowledge and experience , if he thereby essentially free decisions of instructions or influenced them. This can be given also in requirements due to legislation, plans and policies, as well as cooperation with other officers.
In paragraph 1 sentence apply 3 officers referred to and soldiers sentences 1 and 2 according to.
(4) Senior Executive is no. 3 after paragraph 3 in case of doubt, who a regular annual pay receives 1 on the occasion of the last election of the Works Council, Committee spokesman or of the Supervisory Board of workers or by final judicial decision is been associated with officers, or 2. a management level belongs to on the mostly senior executives are represented in the company, or 3, which is common for executives in the company , or, 4. If also applying the number 3, yet doubts remain, receives a regular annual pay that exceeds three times of the size of the reference to article 18 of the fourth book of the social code.

§ 6 (fallen away) second part works Council, employee meeting, total and group works Council first section composition and election of Council article 7 eligibility to vote are all workers of the operation, who have reached the age of 18. Be left to employees of another employer to work, they are entitled to vote, if used for more than three months in operation.

Section 8 eligibility (1) all registered voters are eligible, the six months belong to the operating or employees in the main for the operation worked in home work. Times be counted towards this six-month service, where the employee has immediately preceding belongs to another firm of the same company or group (article 18 paragraph 1 of the companies Act). It is not selectable, who has the ability, rights of public elections to gain, not due to criminal conviction.
(2) the operation is less than six months, so those workers are by way of derogation from the provision in paragraph 1 above the six-month seniority selectable, employed at the introduction of the Works Council election in the operation and meet the other requirements for the eligibility.

§ 9 number of Works Council members *) the Works Council consists in plants with usually 5 to 20 eligible employees a person, 21 to 50 eligible employees of 3 members, 51 eligible workers up 100 workers from 5 members, 101 to 200 workers from 7 members, 201 to 400 workers from 9 members, 401 to 700 workers made up of 11 members, 701 and 1,000 workers from 13 members , 1,001 to 1,500 workers from 15 members, 1.501 to 2,000 workers from 17 members, 2,001th and 2,500 workers from 19 members, 2,501 to 3,000 workers from 21 members, 3,001 to 3,500 workers from 23 members, 3.501 to 4,000 workers from 25 members, 4,001 to 4,500 workers of 27 members, 4501 to 5,000 workers from 29 members, 5.001 up to 6,000 workers from 31 members , 6.001 to 7,000 workers from 33 members, 7,001 to 9,000 workers from 35 members.
In farms with more than 9,000 employees, the number of members of the Works Council for per additional 3,000 workers to 2 members increases.
---*) In accordance with article 14 sentence 2 of the Act to reform of the works Constitution Act (BetrVerf-Reform Act) by July 23, 2001 (BGBl. I S. 1852) section 9 applies (article 1 No. 8 of the BetrVerf Reform Act) for existing at the time of the entry into force of works councils at their election.

§ 10 (dropped out) § 11 a reduced number of Works Council members has not the sufficient number of selectable workers, so the number of Works Council members in the next lower size is to be based.

§ 12 (dropped out) § 13 date of the Works Council elections (1) who find regular Council elections every four years during the period from 1 March to 31 may instead. They are timed to coincide with the regular elections according to § 5 ABS. 1 of the speakers Committee Act to initiate.
(2) outside this time, the Works Council is to choose when 1 expiry of 24 months calculated from the date of the election to the number of regularly employed workers, the, half, or at least to fifty, is increased or decreased, 2. the total number of Council members after occurrence all alternate members under the prescribed number of members of the operating Board is down, and 3. the Works Council with the majority of its members has decided his resignation , 4. the Works Council election with success has been challenged, 5. the Works Council by a court decision is resolved or a Works Council is no 6 in the operation.
(3) outside the period laid down for the regular operating Council elections a Works Council election took place, the Works Council shall in the next period of regular Works Council elections on the choice to choose. The term of Office of the Works Council at the beginning of the period laid down for the regular operating Council elections yet not one year amounted to, the Works Council shall in the next period of regular Works Council elections to choose.

§ 14 electoral rules (1) the operating Board is elected in direct and secret election.
(2) the election is carried out according to the principles of proportional representation. You according to the principles of the election if only one proposal is submitted or if the Works Council in the simplified selection procedure to choose is according to § 14a.
(3) to the choice of the Works Council, eligible workers and the trade unions represented in the operation can make nominations.
(4) any proposal of the workers must be signed by three electors but at least by at least one-twentieth of eligible workers; in companies with typically up to 20 eligible employees, signed by two voters is sufficient. In any case, signed by fifty voting workers is sufficient.
(5) any nomination of a Union must be signed by two officers.

§ 14a simplified dialling with usually five to fifty eligible employees of the Works Council in a two-step process is selected for small businesses (1) in plants. On a first election meeting, the Election Committee is elected according to § 17a No. 3. The operating Board in secret and direct election is elected on a second election meeting. This selection meeting takes place one week after the papal conclave to the election of the Election Committee.
(2) election proposals can be made until the end of the Assembly for the election of the Election Committee according to § 17a No. 3; § 14 para 4 with the proviso that no writing is required for election proposals, which are only made on this Assembly applies to nominations of workers.
(3) the Election Committee in companies with usually five to fifty eligible employees is according to § 17a No. 1 in conjunction with § 16 of the Works Council, Works Council or group works Council, or according to § 17a No. 4 ordered by the Labour Court, the Works Council is elected by way of derogation set 1 and 2 on only an election meeting in secret and direct election by paragraph 1. Nominations can be made up to one week prior to the election meeting to the choice of the Works Council; § 14 para 4 shall apply unchanged.
(4) eligible workers who can not participate in the papal conclave to the election of the Council, is to give opportunity for written vote.
(5) in companies usually 51 to 100 eligible workers of the Election Committee and the employer can agree with the application of the simplified procedure of choice.

§ 15 composition by employment type and gender *)
(1) the Council shall consist of as workers of the various areas of the Organization and the various types of employment of workers in the operating.
(2) the gender, which is in the workforce in the minority must be represented at least according to its numerical relationship in the Works Council if it consists of at least three members.
---*) In accordance with article 14 sentence 2 of the Act to reform of the works Constitution Act (BetrVerf-Reform Act) by July 23, 2001 (BGBl. I S. 1852) is section 15 (article 1 No. 13 of the BetrVerf Reform Act) for existing in the period of the effective works councils upon their election.

Section 16 of the selection board (1) no later than ten weeks before the end of his term the Works Council ordered an Election Committee consisting of three electors and one of them as Chairman. The Works Council may increase the number of election Board Member, if this is necessary for the proper conduct of the election. The Election Committee must consist of an odd number of members in each case. For each Member of the election Board, a replacement member can be ordered in the event of his incapacitation. In companies with female and male workers men and women should belong to the Election Committee. Each Union represented in the operation may in addition send a non-operating officers as a non voting member of the Election Committee as long as it is not a voting member of the election Board.
(2) No Election Committee, is eight weeks before expiry of the term of the Works Council the Labour Court at the request of at least three electors, a Trade Union represented in the operation ordered him; Paragraph 1 shall apply mutatis mutandis. Proposals for the composition of the Election Committee can be made in the application. The Labour Court can order members a Union represented in the operation, who are not employees of the establishment, for companies with usually more than 20 eligible employees to members of the Election Committee, if this is necessary for the proper conduct of the election.
(3) eight weeks before the expiry of the term of the Works Council there is no Election Committee, may also the Central Works Council or, if one does not exist, the group works Council ordered the Election Committee. Paragraph 1 shall apply mutatis mutandis.

§ A choice Board is 17 order of the election Board in enterprises without Works Council (1) in an operation, the requirements of § 1 para 1 sentence 1 fulfilled no Works Council ordered the Central Works Council or, if one does not exist, the group works Council. Article 16, paragraph 1 shall apply mutatis mutandis.
(2) so a choice Board there is a Works Council nor a group works Council, is elected at an employee meeting by the majority of present workers; Article 16, paragraph 1 shall apply mutatis mutandis. The same is true of the General Works Council or group works Council fail the selection board referred to in paragraph 1.
(3) to this employee meeting, three voting workers of operation or a Trade Union represented in the operation can invite and make proposals for the composition of the Election Committee.
(4) no employee meeting will take place despite invitation or selects the operating Assembly no Election Committee, as the Labour Court at the request of at least three eligible workers, a Trade Union represented in the operation ordered him. Section 16, paragraph 2 shall apply mutatis mutandis.

§ 17a the Electoral Board in the simplified voting procedures In the case of § 14a the §§ 16 and 17 with the following provisions find application: 1 the period of § 16 para 1 sentence 1 is four weeks, and that of article 16 para 2 sentence 1, § 3 1 on three weeks shortened sentence.
2. Article 16, paragraph 1, sentence 2 and 3 shall not apply.
3. in the cases of § 17 para 2, the election Board in an election meeting by a majority of present employees is selected. § 17 para 3 shall apply accordingly for the invitation to the election meeting.
4. section 4 § 17 shall apply accordingly if no election meeting will take place despite invitation or no election Board will be elected at the election meeting.

§ 18 to initiate without delay the election preparation and holding of elections (1) which has Electoral Committee, making them, and to determine the election results. The selection board does not fulfil this obligation, the Labour Court at the request of the Works Council, from at least three eligible workers, a Trade Union represented in the operation replaced him. Section 16, paragraph 2 shall apply mutatis mutandis.
(2) it is doubtful whether there is a Works Council enabled OU as employer, each participating councils, each party Electoral Committee or a Trade Union represented in the operation may request a decision of the Labour Court.
(3) immediately after the election, the Election Committee makes public the tallying of votes, determines which result in a transcript and announces it to the workers of the establishment. A copy of the transcript of choice is to send the employers and the trade unions represented in the operation.

§ 18a elections are mapping the officers in elections (1) according to article 13, paragraph 1, and according to § 5 para 1 of the speakers Committee Act simultaneously to initiate, thus the selection board members have immediately after the voters lists, no later than two weeks prior to the introduction of elections, each to teach what employees have; associated them to the officers This also applies if the elections without the existence of a legal obligation will be initiated at the same time. As far as there is no agreement on the association between the election boards, they have an agreement to try in joint session. Unless an agreement is reached, the employee must be entered according to their assignment in the relevant list of voters.
(2) If an agreement is not reached, a mediator has again no later than a week prior to the opening of the elections to try an understanding of election boards about the assignment. The employer has to support the intermediary on request, to furnish the necessary information in particular and to provide the necessary documentation. The communication attempt fails, so the intermediary decides after consultation with the employer. Paragraph shall apply accordingly 1 sentence 3.
(3) on the person of the agent, the selection board members must agree. Only an employee of the operation or an other business of the company or group, or the employer can be ordered to the broker. An agreement not be reached, the election Board members propose ever a person as an agent; is decided by lot, who is acting as a mediator.
(4) is pursuant to article 13, paragraph 1 or 2 not a choice initiated with the election after the speakers Committee law, so the Election Committee has to the representative Committee according to paragraph 1 sentence 1 first half-sentence teach. If there is no agreement on the Association of the representative Committee has to appoint members who attend the mapping procedure instead of the Election Committee. According to article 5, paragraph 1 or 2 of the speakers Committee Act cannot simultaneously a choice initiates with the choice according to this law, sentences 1 and 2 for the Works Council shall apply mutatis mutandis.
(5) by the Association, the legal process is not excluded. The appeal against of the Works Council election or the election according to the speakers Committee Act is excluded, insofar as it is based on, the mapping was carried out incorrectly. Sentence 2 shall not apply where the mapping is obviously flawed.

Article 19 the election may be contested challenge to the election (1) at the Labour Court, if the eligibility or the election process is been breached essential regulations on the right to vote, and a correction is not made, unless that by the violation of the election result could not be changed or influenced.
(2) at least three eligible voters, a Trade Union represented in the operation or the employer are entitled to the appeal. The challenge to the election is allowed only within a period of two weeks, from the day of the announcement of the election results on counting.

Article 20 election protection and election costs (1) nobody should obstruct the choice of the Works Council. In particular, no worker in the exercise of active and passive suffrage should be limited.
(2) No person may influence the choice of the Works Council by infliction or threat of disadvantages or by granting or promise benefits.
(3) the work shall be the costs of the election. Failure of working time that is required to exercise the right to vote, to power in the Election Committee or to the activity as an intermediary (§ 18a), entitles the employer not to reduce pay.
Second section term of the Works Council of article 21 term of the regular term of Office of the Council is four years. The term begins with the announcement of the election results or, if there is at this time still a Works Council, at the end of its term. The term of office ends at the latest on 31 May of the year in which according to article 13, paragraph 1, the regular Works Council elections take place. In the case of § 13 para 3 sentence 2, the term of office ends at the latest on 31 May of the year in which the Works Council is to choose. In the cases of § 13 para 2 Nos. 1 and 2 the term ends with the announcement of the election results of the newly elected Council.

§ 21a transition mandate *)
(1) If a company split, remains its works Council in Office and continues to the businesses of the operating parts so far associated with it, provided they meet the requirements of § 1 para 1 sentence 1 and not in an operation are incorporated, where a Works Council consists (transition mandate). The Works Council has appointed election boards in particular immediately. The transitional mandate ends, once in the operating parts a new Works Council elected and announced the election result given is no later than six months after the effective date of the split. By collective agreement or works agreement, the transition mandate may be extended for a further six months.
(2) establishments or plants grouped together for an operation, the Works Council of the operation largest according to the number of eligible workers or part performs the transition mandate. Paragraph 1 shall apply mutatis mutandis.
(3) paragraphs 1 and 2 apply even if the splitting or merging of companies and businesses in connection with a sale of the operation or a conversion in accordance with the conversion law.
---*) This provision serves the implementation of article 6 of Directive 2001/23/EC of the Council of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of rights of workers at the transfer of undertakings, businesses or parts (OJ EC No. L 82, p. 16).

section 21 an operation goes down b rest mandate by decommissioning, splitting or merging, its works Council remains so in the Office, as this is necessary for the exercise of the related participation and codetermination rights.

Article 22 the Works Council the shops further, elected continuation of the shops of the Works Council in the cases of § 13 para 2 Nos. 1 to 3 leads until the new operating Council and announced the election result is.

Article 23 breach of legal obligations (1) at least one-quarter of eligible employees, the employer or a Trade Union represented in the operation may request a member of the Works Council or the resolution of the Works Council for gross breach of its legal obligations at the Labour Court. The exclusion of a member may be requested also by the Works Council.
(2) if the Works Council is dissolved, as the Labour Court set an Election Committee for the election. Section 16, paragraph 2 shall apply mutatis mutandis.
(3) the Council or a Trade Union represented in the operation may apply for gross infringements of the employer against its obligations under this Act in the Labour Court to abandon the employer to refrain from an Act, to acquiesce in the performance of an Act, or to perform any act. The employer contravenes the obligation imposed on him by final judicial decision, to refrain from an Act, or to tolerate the performance of an Act, he shall at the request of the Labour Court of any infringement after prior notice to a fine to condemn. The employer not performs the Act imposed on him by a final judicial decision, is to that he stop was to perform of the Act through penalty at the request of the Labour Court. The Works Council or a Trade Union represented in the operation are eligible to apply. The maximum size of the fine money and penalty payment is 10,000 euros.

Article 24 termination of membership membership in the Council is extinguished by 1 expiration of the term, 2. stoppage of the Works Council Office, 3. termination of employment, 4. ineligibility, 5. exclusion from the Works Council or resolution of the Council on the basis of a court decision, 6 called judicial decision on the determination of ineligibility after in § 19 ABS. 2 period, unless the defect is no longer exists.

§ Retires 25 alternate members (1) a member of the Works Council, as a substitute member moves up. This applies accordingly to the delegate of a temporarily prevented Member of the Works Council.
(2) the alternate members are taken, taking into account article 15 par. 2 turn from non-elected workers of those proposal lists, belong to the members to be replaced. A proposal list is exhausted, the substitute member of those suggestions is so, that according to the principles of proportional representation the next seating would occupy. The eliminated or prevented Member is selected, based on the principles of the election order of the replacement members, taking into account section 15 paragraph 2 according to the amount of achieved votes determined.
Third section management of section 26 of Chairman (1) Works Council the Works Council chooses from among its members the Chairman and the Deputy Chairman.
(2) the Chairman of the Works Council or in case of his absence, his Deputy representing the Works Council within the framework of the decisions taken by him. To submit that to the receipt of declarations, the Works Council to, is the Chairman of the Works Council or in case of his absence, his Deputy, entitled.

Operating Committee (1) has an operating Council of nine section 27 or more members, so it makes an operating Committee. The National Committee consists of the Chairman of the Works Council, whose Deputy and in works councils with 9 to 15 members from 3 other members of the Committee, 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 are elected by the Works Council from among its members in a secret ballot and according to the principles of proportional representation. Is only a proposal is made, the choice is made according to the principles of the election. The other Committee members are chosen in accordance with the principles of proportional representation the dismissal takes place by decision of the Council, which is taken in a secret ballot and require a majority of three quarters of the votes of the members of the Works Council.
(2) the operating Committee leads the day-to-day of the Works Council. The operating Directors may delegate tasks to independent registration the National Committee with a majority of its members; This does not apply to the conclusion of agreements. The transfer requires the written form. Sentences 2 and 3 shall apply mutatis mutandis for the revocation of the transfer of responsibilities.
(3) works councils can transfer with less than nine members to the Chairman of the Works Council or other Council members the day-to-day.

§ 28 delegation of tasks to the Committee (1) the Works Council in companies can with more than committees make up 100 workers and specific tasks entrusted to them. § 27 para 1 sentence 3 to 5 shall apply accordingly for the election and dismissal of the members of the Committee. A National Committee is formed, the Works Council can transfer tasks to independent registration to the committees; § 27 para 2 sentence 2 to 4 shall apply mutatis mutandis.
(2) paragraph 1 shall apply accordingly for the transfer of responsibilities to the independent decision to members of the Works Council committees, which Mitglieder are named by the Works Council and employer.

§ 28a delegation of tasks on workgroup (1) in plants with the Works Council with a majority of its members can transfer certain tasks on working groups more than 100 workers; This is done in accordance with a framework agreement concluded with the employer. The tasks must be associated with the activities to be performed by the working group. The transfer requires the written form. 1, first half-sentence, and sentence shall apply for the revocation of the transfer set 3 in accordance with.
(2) the working group can conclude agreements within the framework of its tasks with the employer; an agreement needs a majority of votes of the members of the group. Article 77 shall apply mutatis mutandis. Can employers and working group unite in a matter, the Works Council performs the participation right.

§ 29 before convening the sessions (1) expiration of one week after election day the Election Committee has to convene the members of the Works Council to the option provided for in article 26, paragraph 1. The Chairman of the selection board initiates the session until the operating Board has appointed a returning officer from among its members.
(2) the Chairman of the Works Council has appointed the further meetings. He sets the agenda and leading the negotiations. The Chairman has to invite the members of the Works Council to attend meetings in a timely manner under notification of the agenda. This applies also for the severely disabled representation, as well as for the youth and trainee representatives, insofar as they have a right to participate in the Betriebsratssitzung. Can a member not participate of the Works Council or the youth and apprentice representation at the meeting, so it should notify immediately the Chairman, stating the reasons. The Chairman has to load the alternate member for an appoint Works Council member or a non-attending youth and trainee representative.
(3) the Chairman has to convene a session and to put the object, whose counseling is requested, if this applies for a quarter of the members of the Works Council or the employer on the agenda.
(4) the employer participates in the meetings that are scheduled at his request, and in the meetings which he is expressly invited. He can consult a representative of the Association of employers, he belongs to.

Section 30 Betriebsratssitzungen operating Board meetings held usually during working hours. The Works Council has to take into account in the organisation of Betriebsratssitzungen on the operational needs. The employer is to communicate the date of the meeting. The sessions of the Council shall not be public.

Article 31 participation of trade unions at the request of one-fourth of the members of the Works Council a representative of a Trade Union represented in the Works Council may attend advisory meetings; in this case, the date of the meeting and the agenda of the Union are to be communicated in a timely manner.

§ 32 Advisory participate participation of severely disabled persons representation which can severely disabled representation (section 94 of the ninth book of the social code) attend all meetings of the Council.

§ 33 decisions of the Council (1) the decisions of the Council, unless otherwise provided in this law, adopted with a majority of votes of the members present. Vote, a proposal is rejected.
(2) the Council is only quorate if at least half of the members of the Works Council participates in the decision-making process; Delegation by alternate members is allowed.
(3) the youth and trainee representative takes part in the decision-making process, so the voices of the youth and trainee representatives in determining the majority of votes are counted.

§ Is to record a transcript that contains at least the wording of the decisions and the majority of votes, they are grouped, 34 minutes (1) of any proceedings of the Council. The minutes shall be signed by the Chairman and one other Member. An attendance list is the transcript to be attached, in which each participant to enter by hand has become.
(2) the employer or a representative of a Trade Union took part in the session, the corresponding part of the minutes is him so received to hand over. Objections to the minutes are immediately in writing to raise; They shall be accompanied by the minutes.
(3) the members of the Council have the right at any time to see the documents of the Council and its committees.

§ 35 considered suspension of decisions (1) the majority of the youth and trainee representative or a decision of the Council as a significant impairment of important interests of workers represented by it, so the decision for a period of one week from the date of adoption is to resign the severely disabled representation to suspend, therefore in this period an understanding, if necessary with the help of trade unions represented in the operating that can be tried.
(2) after the expiry of the deadline is to decide on the matter. Is the first decision is upheld, so the request for suspension cannot be repeated. This also applies if the first decision is changed only insignificantly.

§ Should be made 36 other regulations governing the conduct of business rules in a written rules of procedure the operating Council with a majority of its members.

§ 37 volunteering, work failure (1) the members of the Works Council leading Office free of charge as volunteering.
(2) members of the Works Council are by their professional activity without free reduction of pay, if and to the extent it is required according to amount and type of the operation to the proper performance of their functions.
(3) to compensate for operating Council activity, which perform is for operational reasons outside of working hours, the Works Council member is entitled to appropriate work liberation in sick pay. Operational reasons also exist if the Works Council activities due to the different work times, the Works Council members not within the personal work time can be done. The work is to provide, before the end of the month This is not possible for operational reasons which is to be paid for time spent as overtime.
(4) the remuneration of members of the Works Council may not lower are measured including a period of one year after termination of the term as pay of comparable operating during professional development workers. The same applies to general contributions of the employer.
(5) where non-mandatory corporate needs conflict, members of the Works Council, including a period of one year after termination of the term shall be employed only with activities which are equivalent to the activities of workers referred to in paragraph 4.
(6) paragraphs 2 and 3 shall apply for participation in training and educational events, as far as convey this knowledge that are required for the work of the Council. Operational reasons within the meaning of paragraph 3 also exist when the training of the Works Council member outside his working hours due to features of the operational organisation of working time; in this case, the scope of the compensation claim involving the liberation of labour is limited on the working time of a full-time worker referred to in paragraph 2 per training day. The Works Council has to take into account the operational needs in determining temporal able of participate in training and educational events. He has known the participation and the temporal situation of training and learning events in time the employer to give. The employer keeps considered insufficient operational needs so he can call the conciliation. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(7) without prejudice to the provisions of paragraph 6, each Member of the Works Council is entitled to paid time off for a total of three weeks to participate in training and educational events, which are recognised by the competent Supreme labour of the country after consultation with the German of trade unions and the employer associations as appropriate during his regular term. The claim increases pursuant to sentence 1 for workers who for the first time take over the duties of a member of the Works Council and were also not previously youth and trainee representative in four weeks. Paragraph 6 sets 2 through 6 shall apply.

Exemptions (1) are § 38 of their professional activity at least to indemnify in companies with typically 200 to 500 workers a Works Council Member, 501 to 900 workers 2 Works Council members, 901 to 1,500 workers 3 Works Council members, 1.501 to 2,000 workers 4 Works Council members, 2,001th to 3,000 workers 5 Works Council members, 3,001 to 4,000 workers 6 Works Council members, 4,001 to 5,000 workers 7 Works Council members, 5.001 up to 6,000 workers 8 Council members , 6.001 to 7,000 workers 9 Works Council members, 7,001-8,000 workers 10 Council members, 8.001 to 9,000 workers 11 Works Council members, 9.001 to 10,000 workers 12 Council members.
Another Council member is to indemnify in establishments with over 10,000 workers for per additional 2,000 workers. Waivers can be made in the form of partial exemption. This may exceed the scope of the exemptions taken together pursuant to sentences 1 and 2. Other rules on the exemption can be agreed by collective agreement or works agreement.
(2) to be free Works Council members are elected after consultation with the employer by the Works Council from among its members in a secret ballot and according to the principles of proportional representation. Is only a proposal is made, the choice is made according to the principles of the election; only one member of the Works Council is to indemnify this will be elected with a simple majority. The Works Council has known to give the employer the names of the to be free. The employer keeps an exemption for factual not justifiable, so he can call the consensus Board within a period of two weeks after the announcement. The slogan of the conciliation replaces the agreement between the employer and the Works Council. The agreement confirmed the concerns of the employer, it shall in determining another Council member to be free to observe the protection of minorities within the meaning of sentence 1. The employer does not call the consensus Board, so his agreement with the exemptions considered after expiry of the two-week period given. § 27 para 1 sentence 5 shall apply accordingly for the dismissal.
(3) the period for the continue of pay to measure pursuant to § 37 para 4 and employment according to § 37 para 5 increases for members of the Works Council that three full consecutive terms were free, two years after the end of the term.
(4) optional Works Council members may be excluded from internal and external measures of vocational training. Within a year after the release of a member of the Works Council is to give this opportunity within the means of the operation, to make up for an operation due to General professional development failure due to the release. Increases for members of the Works Council, which three full consecutive terms were exempted, the period pursuant to sentence 2 to two years.

§ 39 set Office hours (1) who can Works Council during working hours office hours. Time and place are to be agreed with the employer. An agreement not be reached, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(2) the youth and trainee representative performs no own office hours, a member of the youth and trainee representative to advise the workers referred to in article 60, paragraph 1 can participate in the consultation of the Works Council.
(3) failure of working time that is required to visit the clinics or the other use of the Works Council, entitled the employer to reduce the salary of the employee.

§ 40 costs and expenses of the Works Council (1) the costs of the activities of the Council bears the employer.
(2) for the sessions, the Office hours and the day-to-day management, of the employer in the required amount has facilities, material resources, to provide information and communication technology, as well as Office staff.

§ 41 levy ban collecting and financial contributions of employees for purposes of the Works Council is not permitted.
Fourth section operating Assembly section 42 composition, part Assembly, Department meeting (1) the operating Assembly consists of the workers of the establishment; It is headed by the Chairman of the Works Council. It is not public. Due to the nature of the operation a meeting of all employees at the same time not be used, meetings of part of are making.
(2) workers of organizationally or geographically defined operating parts are to combine Works Council to Department meetings, if this is necessary for the discussion of the special concerns of workers. The Department Assembly is led by a member of the Works Council, as belonging to a participating part of operating as an employee. Paragraph shall apply accordingly 1 sentences 2 and 3.

§ 43 regular operation and Department meetings (1) the Works Council has to convene a works meeting once in each calendar quarter and to submit an activity report. The conditions of § 42 para 2 sentence 1 exist, the Works Council in each calendar year has carried two of the business meetings as Department meetings referred to in sentence 1. The Department meetings should take place as far as possible at the same time. The Works Council can a more operational meeting in each calendar half-year, or, if the conditions of § 42 para 2 sentence 1, another Department meetings if deemed appropriate for specific reasons.
(2) the employer is to invite to the operation and Department meetings, notice the order of the day. He is entitled to speak in the General Assembly. The employer or his representative has at least once in each calendar year in a works meeting on the human resources and social services including the level of equality between women and men in the operation, as well as the integration of foreign workers employed in the operation, about the economic situation and development of operations and operational environmental protection to report as far as endangering not operating or business secrets.
(3) the Works Council is entitled and on request of the employer or of at least one quarter of the voting workers obliged to convene a meeting of operation and to put the requested subject on the agenda. By the time of the meetings, which take place upon request of the employer, this is to inform in a timely manner.
(4) at the request of a Trade Union represented in the operating the Works Council before the expiry of two weeks after receipt of the request must convene sentence 1 an operating Assembly referred to in paragraph 1, if in the previous calendar half year no employee meeting and no Department meetings have been conducted.

§ 44 time and loss of earnings (1) which referred to in the sections 14a, 17 and 43 para. 1 find the meetings convened at the request of the employer during working hours instead, as far as not the nature of the operation require a different regime. The time of participation in these meetings including the additional travelling time is paid workers such as working. This applies even if the meetings due to the nature of the operation outside of working hours take place; Travel costs arising from participation in these meetings, workers are to refund by the employer.
(2) other operational or Department meetings take place outside working hours. This may be derogated from in agreement with the employer; Meetings conducted in agreement with the employer during working hours do not entitle the employer to reduce the wages of workers.

Issues of operation and the operating Department meetings and Department meetings to handle matters including such collective bargaining, social, environmental and economic type, as well as questions of the promotion of equality between men and women and the reconciliation of family and gainful employment, as well as the integration of foreign workers employed in the operation § 45 directly relating to the operation or its employees; the principles of section 74, paragraph 2 shall apply. The operating and Department meetings can submit applications to the Works Council and respond to its decisions.

§ 46 officers of the associations (1) on the operational or Department meetings can take part representatives of trade unions represented in the operating advice. The employer participates in operation or Department meetings, he can consult a representative of the Association of employers, he belongs to.
(2) the date and the agenda of the company or Department meetings are writing the trade unions represented in the Council in a timely manner.
Fifth section of Central Works Council § 47 conditions the establishment, membership, voting power *) (1) several works councils exist in a company, a Central Works Council to build it.
(2) in the Central Works Council every Works Council sends up to three members of one of its members; each operating Council sends two of its members with more than three members. The equality to be considered appropriately.
(3) the Works Council has to appoint at least a substitute member for each Member of the group works Council and to set the order of the back up.
(4) by collective agreement or works agreement sentence 1 can be adjusted notwithstanding the number of members of the General Works Council of paragraph 2.
(5) more than forty members belong to after paragraph 2 sentence 1 the General Works Council and no standard scheme exists pursuant to paragraph 4, a works agreement on the number of members of the Works Council must be made between General Works Council and employer to complete, determines that works councils of several enterprises of undertaking, which are regional or connected by similar interests, together send members in the Central Works Council.
(6) an agreement is reached in the case of paragraph 5, a conciliation for the company as a whole to decide. The saying of the consensus Board replaced the agreement between an employer and Works Council.
(7) each Member of the Central Works Council has as many votes as voting workers in the voters list are registered in the operation, in which it was chosen. The Works Council has more members, so the votes are pro rata pursuant to sentence 1.
(8) is a member of the Central Works Council for several businesses have been sent, so it has as many votes as in plants, for which it is appointed, voting workers in the voter lists are registered; several members have been sent, is paragraph 7 sentence 2 according to.
(9) for members of the General Works Council, which have been sent from a joint operation of several companies, 7 and 8 derogations can be made by collective agreement or agreement of the paragraphs.
---+) In accordance with article 14 sentence 2 of the Act to reform of the works Constitution Act (BetrVerf-Reform Act) by July 23, 2001 (BGBl. I S. 1852) section 47 subsection 2 applies (article 1 No. 35 letter a of the BetrVerf Reform Act) for existing at the time of the entry into force of works councils at their election.

Article 48 exclusion of total Betriebsrat member at least one-quarter of eligible employees of the company, the employer, the Works Council or a Trade Union represented within the company can request the exclusion of a member from the General Works Council for gross breach of its legal obligations in the Labour Court.
Paragraph 49 termination of membership membership in the General Works Council ends with the termination of membership in the Works Council, by resignation, exclusion from the General Works Council on the basis of a judicial decision or dismissal by the Works Council.

Section 50 jurisdiction (1) which is the Central Works Council responsible for the treatment of matters that affect the entire company or several companies and are not regulated by the individual works councils within their establishments can; his jurisdiction in this respect also in enterprises without Works Council. He is not parent of the individual Councils.
(2) the Works Council can entrust the Central Works Council with a majority of its members to handle a matter for him. The Works Council may reserve power to decide this. Article 27, paragraph 2, sentence 3 and 4 shall apply mutatis mutandis.

§ 51 management § 25 para 1, §§ 26 and 27 apply (1) for the Central Works Council para. 2 and 3, § 28 para 1 sentence 1 and 3, para. 2, sections 30, 31, 34, 35, 36, 37 para 1 to 3 and §§ 40 and 41 according to. Article 27, paragraph 1 shall apply mutatis mutandis with the proviso that the total operating Committee consists of the Chairman of the General Works Council, whose Deputy and in general works Council with 9 to 16 members from 3 other Committee members, 17 to 24 members from 5 other Committee members, 25 to 36 members from 7 other Committee members, more than 36 members from 9 other Committee members.
(2) is a Central Works Council to build, so has the Head Office of the company works Council or, where such a Works Council does not exist, the Works Council of the largest according to the number of eligible workers operating to the election of the Chairman and Deputy Chairman of the Central Works Council to invite. The Chairman of the inviting Works Council has to conduct the session, until the Central Works Council has ordered an election from among its members. § 29 par. 2 to 4 shall apply mutatis mutandis.
(3) the of group works Council, decisions as far as nothing else is determined, by a majority of the votes of the members present. Vote, a proposal is rejected. The Central Works Council is only quorate if at least half of its members participate in the decision-making process and the participants represent at least half of the votes; Delegation by alternate members is allowed. Article 33, paragraph 3 shall apply mutatis mutandis.
(4) on the decision-making process of the overall operating Committee and other committees of the General Works Council, article 33, paragraph 1 and 2 shall apply.
(5) the rules on the rights and obligations of the Works Council shall apply mutatis mutandis for the Central Works Council, as far as this law contains no special provisions.

§ 52 participation in the total severely disabled representation the total severely disabled representation (§ 97 para 1 of the ninth book of the social code) can take part in all meetings of the General Works Council advice.

At least once in each calendar year the overall Works Council to convene the Chairman and the Deputy Chairman of the works councils, as well as the other members of the operating Committee to a meeting has 53 operating rate Assembly (1). This meeting of the Works Council may send notwithstanding other members sentence 1 from among its members, as far as this the total number who are 1 resulting participant is not exceeded for him to set.
(2) in the operating rate meeting of the Central Works Council has 1 an activity report, 2. the entrepreneurs a report on the human resources and social services including the State of equality between men and women in the company, the integration of foreign workers employed in the company, on the economic situation and development of the company, as well as on issues of environmental protection in enterprises, as far as this not operating and business secrets are compromised , to reimburse.
(3) the Central Works Council can perform the operation rate Assembly in the form of meetings of part of. In addition, section 42, subsection 1, sentence 1 shall apply second half-sentence, and set 2, article 43, paragraph 2, sentence 1 and 2 as well as the sections 45 and 46 according to.
Sixth section group works Council article 54 establishment of the group works Council (1) for a company (§ 18 para 1 of the companies Act) can be built by decisions of individual Central Works Council a group works Council. The establishment requires the consent of the Works Council of the Group companies, in total, more than 50 per cent of the employees of the Group companies are busy.
(2) only a Works Council is a group of companies, so this performs the functions of a Central Works Council under the provisions of this section.

Article 55 composition of the group works Council voting power (1) in the group works Council sends each group works Council, two of its members. The equality to be considered appropriately.
(2) the Central Works Council has to appoint at least a substitute member for each Member of the group works Council and to set the order of the back up.
(3) each Member of the group works Council is entitled to the votes of the members of sending overall Works Council half.
(4) by collective agreement or works agreement set 1 can be regulated the number of members of the group works Council by way of derogation from paragraph 1. § 47 para 5 to 9 shall apply mutatis mutandis.

Article 56 exclusion from group Betriebsrat member at least one quarter of eligible employees of the Group companies, employers, the group works Council, or a Trade Union represented within the group you can at the Labour Court the exclusion of a member from the Group employee Council for gross breach of its legal obligations apply.

§ 57 termination of membership the membership in the Group employee Council ends with the termination of the membership in the General Works Council, by resignation, exclusion from the group works Council on the basis of a judicial decision or dismissal by the Central Works Council.

Section 58 jurisdiction (1) which is a group works Council responsible for the treatment of matters that affect the group or multiple group companies and are not regulated by the individual Central Works Council within their companies can; its jurisdiction extends to extent also on companies that have not formed a Central Works Council, as well as to companies of the Group companies without Works Council. He is not mapped over the single Central Works Council.
(2) the Central Works Council can entrust the group works Council with a majority of its members, to handle a matter for him. The Central Works Council can reserve power to decide this. Article 27, paragraph 2, sentence 3 and 4 shall apply mutatis mutandis.

Article 59 management (1) for the group works councils of apply article 25, paragraph 1, articles 26, 27 para. 2 and 3, § 28 para 1 sentence 1 and 3, para 2, the sections 30, 31, 34, 35, 36, 37 para 1 to 3 and sections 40, 41 and 51 para 1 sentence 2 and paragraph 3 to 5 according to.
(2) is a group works Council to establish, as has the Central Works Council of the dominant company, or, if a such general works Council does not exist, the Central Works Council of the largest according to the number of eligible workers company belonging to the election of the Chairman and Deputy Chairman of the group works Council to invite. The Chairman of a group works Council has to conduct the session, until the group works Council has ordered an election from among its members. § 29 par. 2 to 4 shall apply mutatis mutandis.

§ 59a participation in the Group severely disabled representation the Group severely disabled representation (§ 97 para 2 of the ninth book of the social code) can take part in all meetings of the group works Council advice.
Third part of youth and apprentice representation first section operating youth and apprentice representation section 60 establishment and task (1) in enterprises with at least five employees, who have still not completed 18 years of age (youth worker) or who are employed to their vocational training and 25 still not have reached age, youth and trainee representatives are chosen.
(2) the youth and trainee representative perceives the special concerns of workers referred to in paragraph 1 in accordance with the following provisions.

§ 61 votes and eligibility (1) eligible to vote are all employees of the operation referred to in article 60, paragraph 1.
All workers of the operation, which have not yet completed the 25th year of life (2) electable are; Section 8, subsection 1, sentence 3 shall apply. Members of the Works Council may not be selected to youth and trainee representatives.

§ 62 number the youth and trainee representative, composition of the youth and apprentice representation (1) the youth and trainee representative is in companies with usually 5 to 20 of workers referred to in article 60, paragraph 1 a person, 21 to 50 of workers referred to in article 60, paragraph 1 of 3 members, 51 to 150 of workers referred to in article 60, paragraph 1 of 5 members , 151-300 of the workers referred to in article 60, paragraph 1 of 7 members, 301 to 500 of the workers referred to in article 60, paragraph 1 of 9 members, 501 to 700 of the workers referred to in article 60, paragraph 1 of 11 members, 701 and 1,000 of workers referred to in article 60, paragraph 1 of 13 members, more than 1,000 of workers referred to in article 60, paragraph 1, made up of 15 members.
(2) the youth and trainee representative should consist of representatives of the various types of jobs and apprenticeships of in the operating employees referred to in article 60, paragraph 1 as possible.
(3) the gender that is among those in article 60, paragraph 1, referred to workers in the minority must be represented at least according to its numerical ratio in the youth and trainee representative if it consists of at least three members.

§ 63 electoral rules (1) the youth and trainee representative is chosen in secret and direct election.
(2) not later than eight weeks before the expiry of the tenure of the youth and trainee representative of the Works Council ordered the Election Committee and its Chairman. § 14 para 2 to 5, § 16 para 1 sentence 4 to 6, § 18 1 sentence 1 and paragraph 3, as well as the §§ 19 and 20 shall apply mutatis mutandis for the selection of the youth and trainee representative.
(3) the Works Council ordered the Election Committee not or not later than six weeks before the expiry of the tenure of the youth and trainee representative or the Election Committee comes his obligation according to § 18 para 1 sentence 1, § 16 para 2 sentence 1 and 2, paragraph 3 apply sentence 1 and § 18 para 1 sentence 2 according to; the application to the Labour Court is possible also by young workers.
(4) in companies with usually five to fifty of workers referred to in article 60, paragraph 1, also Article 14a shall apply mutatis mutandis. The deadline to order of the Election Committee will in the case of paragraph 2 sentence 1 on four weeks and in the case of paragraph 3 sentence 1 on three weeks.
(5) in companies usually 51 to 100 of workers referred to in article 60, paragraph 1, § 14a para 5 shall apply mutatis mutandis.

Section 64 time of election and term of Office (1) the regular elections of youth and trainee representative every two years during the period from 1 October to 30 November take place. § 13 para 2 applies to no. 2 to 6 and par. 3 according to the choice of the youth and trainee representative outside this time.
(2) the regular term of the youth and trainee representative for two years. The term begins with the announcement of the election results or, if there is at this time still a youth and trainee representative, upon the expiry of their term. The term of office ends at the latest on 30 November of the year in which pursuant to paragraph 1 sentence 1 the regular elections take place. In the case of § 13 para 3 sentence 2, the term ends at the latest on 30 November of the year in which the youth and trainee representative is to choose. In the case of § 13 para 2 No. 2 ends the tenure with the announcement of the election results of newly elected youth and trainee representative.
(3) a member of the youth and trainee representative, which completed the 25th year of life in the course of the term, remains a member of the youth and trainee representative until the end of the term.

Section 65 business leadership apply (1) for the youth and trainee representative § 23 para 1, sections 24, 25, 26, 28 paragraph 1 sentences 1 and 2, the sections 30, 31, 33 para 1 and 2 as well as sections 34, 36, 37, 40 and 41 according to.
(2) the youth and trainee representative can hold meetings after agreement of the Works Council; section 29 shall apply mutatis mutandis. The Chairman or an appointed member of the Works Council may take part in these meetings.

Article 66 considers suspension of decisions of the Council (1) the majority of youth and a decision of the Council as a significant impairment of important interests of workers referred to in article 60, paragraph 1, of the decision on the duration of one week is trainee representatives at their request to suspend, so that in this period an understanding, if necessary, try with the help of trade unions represented in the operation, can be.
(2) the first decision is confirmed, so the request for suspension can not be repeated; This also applies if the first decision is changed only insignificantly.

Section 67 participating in Betriebsratssitzungen (1) the youth and trainee representative to all can Betriebsratssitzungen send a representative. Discusses matters affecting particularly the workers referred to in article 60, paragraph 1, then the entire youth and apprentice representation has the participation right on these agenda items.
(2) the youth and trainee representatives have the right to vote, as far as the decisions to be taken of the Works Council mainly affecting workers referred to in article 60, paragraph 1.
(3) the youth and trainee representative can ask the Works Council, to put matters, concerning particularly the employees referred to in article 60, paragraph 1, and which she has discussed, the next order of the day. The Works Council is to forward matters affecting particularly the workers referred to in article 60, paragraph 1, the youth and trainee representative for advice.

Section 68's participation in joint meetings, the Works Council has to consult the youth and trainee representative to meetings between the employer and the Works Council when matters are handled, concerning particularly the employees referred to in article 60, paragraph 1.

Usually more than fifty workers referred to in article 60, paragraph 1 employ office hours in factories, 69, can the youth and trainee representative set up office hours during working hours. Time and place are to agree by works councils and employers. § 39 para 1 sentence 3 and 4 and paragraph 3 shall apply mutatis mutandis. The Chairman or an appointed Council member can participate in the youth and trainee representative office hours advice.

Article 70 General duties (1) the youth and trainee representative has the following general responsibilities: 1. actions, which serve the workers referred to in article 60, paragraph 1, particularly in matters of vocational training and the acquisition to their vocational training to apply for the workers in an employment relationship, with the Works Council;
1a. to request measures to achieve actual equality of workers referred to in article 60, paragraph 1, according to article 80, paragraph 1 No. 2a and 2B in the Works Council;
2. to ensure that the laws in force in favour of workers referred to in article 60, paragraph 1, regulations, accident prevention regulations, collective agreements and company agreements; performed
3. suggestions by in article 60, paragraph 1 referred to workers, particularly in matters of vocational training, to accept and, if they are entitled to contribute to the Works Council on an errand. The youth and trainee representative has affected workers referred to in article 60, paragraph 1 of the State and the outcome of the negotiations to inform;
4. the integration of foreign workers mentioned in article 60, paragraph 1 in the operation to promote and to apply appropriate measures at the Council.
(2) in order to carry out their tasks, the youth and trainee representative by the Works Council is to inform in a timely manner and comprehensively. The youth and trainee representative may request that the Works Council makes you available the documents required for the performance of their functions.

Section 71 may convene an operational youth and trainee meeting youth and apprentice meeting the youth and trainee representative before or after any operation meeting in consultation with the Works Council. In consultation with the Works Council and employer, the workplace youth and trainees meeting may be convened also at any other time. Article 43, paragraph 2, sentence 1 and 2, paragraphs 44 to 46 and article 65, paragraph 2, sentence 2 shall apply accordingly.
Second section total youth - and apprentice representation § 72 conditions the establishment, membership, voting power (1) in a company several youth and trainee representatives, is to build a total youth and trainee representative.
(2) in the total youth and apprentice representation, each youth and apprentice representation sends a member.
(3) the youth and trainee representative has to be ordered at least a substitute member for the Member of the total youth and apprentice representation and to set the order of the back up.
(4) by collective agreement or works agreement, the member number of the total youth and apprentice representation can be regulated by way of derogation from paragraph 2.
(5) more than twenty members belong to after paragraph 2 of the total youth and apprentice representation and no standard scheme exists pursuant to paragraph 4, a works agreement on the number of members of the total youth and apprentice representation must be made between General Works Council and employer to complete, determines that youth and trainee representatives of several enterprises of undertaking, which are regional or connected by similar interests, together send members in the total youth and trainee representative.
(6) an agreement is reached in the case of paragraph 5, a conciliation for the company as a whole to decide. The saying of the consensus Board replaced the agreement between an employer and Works Council.
(7) each Member of the total youth and apprentice representation has so many votes, as in operation, in which it was chosen, in article 60, paragraph 1 referred to workers in the list of voters are registered. Is a member of total youth and trainee representative for several companies have been sent, so it has as many votes as in plants, for which it is sent, in article 60, paragraph 1, referred to workers in the voter lists are registered. Several members of the youth and trainee representative have been sent, then the votes is entitled to pro rata this pursuant to sentence 1.
(8) for members of the total youth and apprentice representation, which have been sent from a joint operation of several companies, derogations can be made through collective agreement or works agreement of paragraph 7.

Article 73 management and applicability of other provisions (1) the total youth and apprentice representation can after agreement of the Works Council hold meetings. The Chairman of the Central Works Council or an authorized member of the Works Council may participate in the meetings.
(2) article 25, paragraph 1, articles 26, 28 are for the total youth and apprentice representation para 1 sentence 1, the sections 30, 31, 34, 36, 37 para 1 to 3, sections 40, 41, 48, 49, 50, 51 para 2 to 5 and sections 66 to 68 according to.
Third section group - youth and apprentice representation required the establishment, membership, voting power (1) consist in a company (§ 18 para 1 of the companies Act) several total youth - and trainee representatives, can section 73a by decisions of individual total youth - and trainees representations are built a group youth and trainee representative. The establishment requires the approval of the total youth - and trainees representations of the Group companies, in total, at least 75 per cent of workers referred to in article 60, paragraph 1 are employed. A group company is only a youth and apprentice representation, so this performs the duties of a total youth and apprentice representation according to the provisions of this section.
(2) in the Group youth and apprentice representation sends each total youth and apprentice representation of one of its members. It has to be ordered at least a substitute member for each Member and to set the order of the back up.
(3) each Member of the Group youth and apprentice representation has so many votes, as the members of sending overall-youth and apprentice representation overall have votes.
(4) § 72 para 4 to 8 shall apply mutatis mutandis.

section 73B management and applicability of other provisions (1) the Group youth and apprentice representation can after agreement of the group works Council hold meetings. The Chairman or an appointed member of the group works Council may participate in the meetings.
(2) article 25, paragraph 1, articles 26, 28 are for the Group youth and apprentice representation para 1 sentence 1, the sections 30, 31, 34, 36, 37 para 1 to 3, sections 40, 41, 51 paras 3 to 5, the sections 56, 57, 58, 59 (2) and sections 66 to 68 according to.
Fourth part of involvement and participation of employees first section General section 74 principles for cooperation (1) an employer and Works Council should at least once in the month for a meeting convene. You have to negotiate over contentious issues with the sincere desire to the agreement and to make proposals for the settlement of differences of opinion.
(2) measures of the dispute between the employer and the Works Council are not permitted; Labor disputes of tariffähiger parties are not affected by this. Employer and Works Council must refrain from activities which interfere with the workflow or the peace of operation. You have to refrain from any political activity in operation; Treating matters of collective bargaining, social, environmental and economic kind that directly affect the operation or its employees, will not be affected.
(3) workers who take over tasks in the framework of this law, this not be limited in the activity for their Union in operation.

§ 75 rules for the treatment of employees (1) employers and works councils have to ensure that all those involved in the operation are handled, according to the principles of law and equity in particular, that any discrimination against persons on grounds of race or because of their ethnic origin, descent or other origin, their nationality, their religion or belief, disability, age, their political or trade union activity or setting or because of their gender or sexual identity is omitted.
(2) employers and works councils have to protect the free development of the personality of the staff employed in the operation and to promote. You have to promote the autonomy and initiative of workers and working groups.

§ If necessary to make a conciliation is 76 (1) conciliation for the settlement of disagreements between an employer and Works Council, Works Council or group works Council. A permanent conciliation can be placed through operating agreement.
(2) the conciliation is made up of an equal number of assessors, appointed by the employer and the Works Council, and an impartial Chairman, both sides must agree on which person. Not concluded an agreement on the person of the Chairman, the labour court ordered it. This also determines if there is no agreement on the number of associate members.
(3) the conciliation has to be immediate action. It contains their decisions after oral consultation with majority of votes. In the voting, the Chairman has first to abstain; a majority is reached, the Chairman takes part in the renewed decision-making after further consultation. The consensus Board decisions are in writing, be signed by the Chairman and to submit to the employer and the Works Council.
(4) by operating agreement, further details of the procedure before the conciliation can be controlled.
(5) in the cases where the saying of the consensus Board replaced the agreement reached between the employer and the Works Council, the conciliation at the request of a page is active. Renames a page no members or the members referred to by a page despite timely invitation the session stay away, so the Chairman and the members decide in accordance with paragraph 3 alone. The consensus Board takes decisions bearing in mind the concerns of the operation and the workers concerned in its reasonable discretion. Exceeding the limits of the discretion may by the employer or the Works Council only within a period of two weeks, counting from the day of the supply line of the decision, asserted at the Labour Court.
(6) in the other, the conciliation will only work if both sides request it or agree with their work are. In these cases, her phrase replaces the agreement between the employer and the Works Council only if both sides have himself subjected to the quote in advance or later adopted him.
(7) as far as the legal process exists under other provisions, he is not excluded by the saying of the conciliation.
(8) by collective agreement, it can be determined that a collective conciliation body takes the place of the conciliation referred to in paragraph 1.

section 76a expense of conciliation (1) the costs of the conciliation for the employer.
(2) the assessor of the conciliation, who joined the operation, receive no compensation; for their work § 37 para 2 and 3 shall apply mutatis mutandis. Is the conciliation for the settlement of disagreements between an employer and Works Council or group works Council to make rate shall be 1 for the associate members belonging to a company or a group company operating in accordance with.
(3) the Chairman and the Committee member of conciliation, which are not among the persons referred to in paragraph 2, are entitled to compensation of their activities the employer. The amount of compensation varies according to the principles of paragraph 4 set 3 to 5 (4) the Federal Ministry of labour and Social Affairs may by regulation the remuneration pursuant to paragraph 3 rules. In the compensation ceilings are set. In particular the time required, the difficulty of the dispute, as well as a loss of income are taken into account. The compensation of the assessor is lower to measure than that of the Chairman. In determining the maximum rates is to ensure the legitimate interests of the members of the conciliation and the employer account.
(5) paragraph 3 and a compensation order under paragraph 4 can be derogated from by collective agreement or a works agreement, if a collective bargaining agreement permits it or does not exist in a collective scheme.

§ 77 implementing common decisions, operating agreements (1) agreements between Works Council and employer, even if on a message of conciliation are based, the employer carries out, unless something else has been agreed in individual cases. Through unilateral actions, the Works Council may not interfere in the running of the business.
(2) operating agreements are to choose Works Council and employer jointly and in writing. They are from both sides to sign; This does not apply insofar as operating agreements based on a saying of the conciliation. The employer has to interpret terms of operation at a suitable point in the operation.
(3) wages and other working conditions that are regulated or are usually regulated by collective agreement cannot be the subject of an operating agreement. This does not apply if a collective agreement expressly allows for the conclusion of supplementary agreements.
(4) operating agreements apply directly and necessarily. The operating agreement rights granted workers a waiver of them only with the consent of the Works Council is allowed. The forfeiture of those rights is excluded. Limitation periods are only to the extent permitted for their claims as they are agreed in a collective agreement or a works agreement; the same is true for the abbreviation of limitation periods.
(5) operating agreements can be terminated with a period three months unless otherwise agreed.
(6) after an operating agreement its provisions in matters in which a slogan of the conciliation can replace the agreement between the employer and the Works Council, continue to apply, until they are replaced by an other agreement.

Protection provisions the members of the Works Council, of group works Council, group works councils, youth and trainee representative, the total youth and apprentice representation, the Group-youth and apprentice representation, of the Economic Committee, Board representation, of the Lake Works Council, the representatives of workers, the conciliation, a collective conciliation body (§ 76 para 8) and a corporate complaints (section 86) referred to in article 3, paragraph 1, as well as respondents (§ 80 paragraph 2 sentence 3) § 78 shall not disturbed in the performance of their duties or are obstructed. They may be not disadvantaged because of their occupation or favors. This also applies to their professional development.

§ 78a protection of trainees in special cases (1) the employer intends to take a trainee who is a member of the youth and trainee representative, of the Works Council, Board representation or of the Lake Works Council, after termination of the training not in an employment relationship for an indefinite period, he shall in writing this three months prior to termination of the training the trainees.
(2) a trainee named in paragraph 1 required within the last three months prior to termination of the training in writing by the employer further employment, an employment relationship for an indefinite period shall between student and employer following the training ratio its justified. This working relationship is to apply in particular § 37 para 4 and 5 according to.
(3) paragraphs 1 and 2 apply also when the training ends before the expiry of one year after termination of the term of youth and apprentice representation, of the Works Council, the Board representation or of the Lake Works Council.
(4) the employer may apply for at the latest until the expiry of two weeks after termination of vocational training to the Labour Court, 1 to determine that an employment relationship is not established according to paragraph 2 or 3, or the labour relations after paragraph 2 or 3 to resolve 2, if there are facts, upon which the continued employment cannot be expected to the employer, taking into account all the circumstances. The Works Council, the Board representation, the Lake Works Council, members of the youth and trainee representative are also those involved in proceedings before the Labour Court.
(5) the provisions of paragraphs 2 to 4 shall apply regardless of whether the employer of its obligation pursuant to paragraph 1 is complied.

Section 79 confidentiality (1) the members and alternate members of the Works Council are obliged not to disclose company or business secrets which become known to them because of their affiliation to the Works Council and been referred to by the employer expressly for non-disclosure, and not to exploit. This is true even after the retirement from the Works Council. The obligation does not apply to members of the Works Council. Also, it does not apply to the General Works Council, the Group employee Council, the Board representation, the Lake Works Council and the employee representatives on the Supervisory Board, as well as in the proceedings before the conciliation, the collective conciliation body (§ 76 para 8), or a corporate complaints (section 86).
(2) paragraph 1 shall apply mutatis mutandis to the members and alternate members of the Central Works Council, group works councils, youth and apprentice representation, the total youth and apprentice representation, the Group-youth and apprentice representation, of the Economic Committee, Board representation, the Lake Works Council, the representatives of workers, the conciliation, the collective conciliation body (§ 76 para 8) and a corporate complaints (section 86) formed in accordance with article 3, paragraph 1, as well as for the representatives of trade unions or employer associations.

Article 80 common tasks (1) the Works Council has the following general responsibilities: 1 about to wake, are conducted in favour of workers applicable laws, regulations, accident prevention regulations, collective agreements and company agreements
2. measures aimed at the operating and staff, with the employer to apply for.
2A. the enforcement of the actual equality of women and men, in particular when setting, employment, education, training and training and promotion, to promote;
2. to promote the reconciliation of family and gainful employment;
3. suggestions by workers and the youth and trainee representative to accept and, if they are entitled to work towards negotiations with the employer on an errand; He has the workers concerned about the developments and the outcome of the negotiations to inform;
4. the integration of severely disabled and other vulnerable people to promote;
5. the choice of youth and apprentice representation to prepare and carry out and using this to promote the interests of workers referred to in article 60, paragraph 1 to cooperate closely; He can request proposals and opinions of the youth and trainee representative;
6. the employment of older workers in the operation to promote;
7. the integration of foreign workers into the operation and the understanding between them and the German workers to promote, as well as measures to combat racism and xenophobia in the operation to apply;
8. employment in the operation to promote and secure;
9. occupational health and safety and operational environmental protection measures to promote.
(2) to carry out his duties pursuant to this Act the Works Council is timely and comprehensively by the employer to inform; the briefing also extends to employment by persons who are not in a working relationship with the employer. The Works Council shall on request at any time to carry out his duties to make the necessary documents available; in this context is the National Committee or a Committee under section 28 shall be entitled to have access to the lists on the gross wages and salaries. As far as it is necessary for the proper performance of the tasks of the Works Council, the employer has to provide qualified workers as respondents; He has to take into account the suggestions of the Council, as far as operational needs do not preclude this.
(3) the Works Council can consult experts in carrying out its tasks to closer agreement with the employer, as far as this is necessary for the proper performance of his duties.
(4) article 79 for the duty of confidentiality of the respondents and the experts shall apply accordingly.
Second section articles and appeal of the employee § 81 of information and discussion on obligation of the employer (1) the employer has to inform the workers about its role and responsibility as well as the nature of its business and its classification work in process operation. He has the employee before the employment accidents and health hazards, which exposed in employment as well as the measures and facilities to prevent these hazards and the according § 10 par. 2 of the occupational safety and Health Act to instruct measures.
(2) about changes in his work area, the employee is to inform in a timely manner. Paragraph 1 shall apply mutatis mutandis.
(3) in establishments where no Works Council exists, the employer has to hear the workers to all measures which can have implications for safety and health of workers.
(4) the employer has the workers about the measures provided due to a planning of technical equipment, work procedures and work processes or the jobs and their impact on its work, the working environment, as well as content and its activity to teach. That will change the activity of the worker and his professional knowledge and skills to carry out its tasks are not sufficient, is established, the employer has with the employee to discuss how its professional knowledge and skills within the framework of the operational possibilities can be adapted the future requirements. Workers can consult a member of the Works Council at the discussion.

§ 82 consultation and discussion on right of the employee (1) workers has the right, in operational matters relating to his person, to be heard by the persons responsible in accordance with the organizational structure of operation for this. He is entitled to make measures of the employer concerning him, to take a position, as well as proposals for the design of the workplace and the work process.
(2) the employee may require that the calculation and composition of remuneration described him and discussed the assessment of its performance, as well as the possibilities of professional development in the operating with him. He can consult a member of the Works Council. Member of the Works Council has on the content of those negotiations to maintain strict confidentiality, unless it is exempted by the employee in the case from this obligation.

§ 83 insight into the personnel files (1) the employee has the right to inspect the personal files kept on him. He can consult a member of the Works Council for this purpose. Member of the Works Council has to maintain strict confidentiality, unless it is exempted by the employee in the case from this obligation over the contents of the personnel file.
(2) declarations of the worker on the contents of the personal file shall be annexed this upon his request.

§ 84 right of appeal (1) every worker has the right to complain if he feels at a disadvantage or unfairness or affected in any other way by the employer or by workers of the establishment by the competent authorities of the operation. He can consult a member of the Works Council to the assistance or mediation.
(2) the employer has to humble the workers about the treatment of the complaint and, if he considers the complaint justified, to help her out.
(3) for the survey of a complaint, the employee may not be no disadvantage.

§ 85 accept complaints of workers handling of complaints by the Works Council (1) who has Works Council and, if it considers it justified, to work with the employer to remedy.
(2) permission of the appeal, differences of opinion between Works Council and employer of the Works Council may call upon the conciliation. The slogan of the conciliation replaces the agreement between the employer and the Works Council. This does not apply insofar as the subject of the complaint is a legal right.
(3) the employer has to inform the Works Council about the treatment of the complaint. Section 84, paragraph 2 shall remain unaffected.

§ 86 supplementary agreements can be regulated by collective agreement or works agreement the details of the complaint procedure. This can be determined, that occurs in the cases of § 85 para 2 in the place of conciliation a workplace complaints.

§ 86a proposal right of workers every worker has the right to propose topics for consultation the Works Council. A proposal is supported by at least 5 per cent of the workers of the establishment, the Works Council has to put this on the agenda of a Betriebsratssitzung period of two months.
Third section of Social Affairs section 87 participation rights (1) the Works Council has, as far as a legal or collective scheme does not exist, to determine in the following matters: 1. questions of order of operation and behavior of employees in the operation;
2. start and end of the daily working time including breaks and distribution of working time on the individual days of the week;
3. temporary shortening or lengthening of the customary working hours;
4. time, place and type of payment of wages;
5. statement of general principles of holiday and vacation plan, as well as determining the temporal location of leave for workers, if no consent; reached between the employers and the workers involved
6. implementation and application of equipment, intended to monitor the behavior or performance of workers;
7 regulations for the prevention of accidents at work and occupational diseases, as well as about the health protection under the law or the regulations;
8. shape, design and administration of social services, limited their scope to the operation, the company or the group is;
9 assignment and termination of residential premises are rented out the workers with respect to the existence of an employment relationship, as well as the general definition of the terms of use;
10 issues of occupational wages, in particular the preparation of the compensation principles and the introduction and application of new payment methods and changes thereto;
11 setting of the chord and premium rates and comparable performance-related charges, including money factors;
12 principles of the suggestion;
13 principles on the conduct of group work; Group work within the meaning of this provision exists when in the context of the operational workflow a group of workers essentially independently done a total task entrusted to you.
(2) an agreement on a matter is reached pursuant to paragraph 1, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.

§ 88 voluntary agreements can be regulated in particular 1. additional measures to prevent operating agreement of work-related accidents and damage to health;
1a. measures for operational environmental protection;
2. the establishment of social services, whose scope is limited to the operation of, the company or the group is;
3. measures for promoting capital formation;
4. measures for the integration of foreign workers and on combating racism and xenophobia in the operation.

§ 89 labour and operational environmental protection (1) which has Councils ensure that the rules on occupational safety and health and the prevention of accidents in the operating and operational environmental protection are carried out. He has the authorities responsible for occupational safety and health in the fight against accidents and health hazards, suggestion, advice, and information to support the statutory accident insurance institutions and the concerned agencies.
(2) the employer and that in paragraph 1 sentence 2 agencies referred to are required to consult the Works Council or the members of the Works Council at all in the occupational safety and health or accident prevention-related visits and questions and accident analysis determined by him. The employer must consult the Works Council even at all in connection with visits to the industrial environmental protection and issues, and inform the requirements relating to occupational safety, accident prevention and operational environmental protection and arrangements of the competent authorities it.
(3) as a corporate environmental protection within the meaning of this law are all personnel and organisational measures as well as all of the operational buildings, rooms, technical equipment, work procedures, to understand measures concerning work processes and jobs that serve environmental protection.
(4) commissioned works Council members attend meetings of the employer with the security officers within the framework of section 22 paragraph 2 of the seventh book of the social code of the Works Council.
(5) the Works Council receives the writings about investigations, visits and meetings, which he is to consult paragraphs 2 and 4 of the employer.
(6) the employer has to hand over a copy of the accident report to be signed according to § 193 para 5 of the seventh book the social law of the Works Council the Works Council.
Fourth section design of workplace, work flow and work environment section 90 employee information and consultation rights of the employer has the Works Council about the planning 1 from new, renovations and extensions of manufacturing, administrative and other operational rooms, 2. technical plants, 3. work procedures and workflows or 4th jobs under submission of the required documents in a timely manner to teach.
(2) the employer has the measures and their impact on workers with the Works Council, in particular on the nature of their work, as well as the resulting requirements for the workers in time to advise that proposals and concerns of the Council can be considered when planning. Employer and Works Council should take into account also the safe ergonomic findings on the people-oriented design of work.

Section 91 participation rights are workers through changes of jobs, workflow or the working environment, which obviously run counter to the safe ergonomic findings on the people-design of work, in a special way billed, the Works Council may request appropriate measures to prevent, mitigate or compensate for the load. An agreement not be reached, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
Fifth section personnel affairs of first subsection General personnel matters § 92 personnel planning (1) the employer has the Works Council about the personnel planning, in particular about the current and future human resources needs and the resulting human measures and measures of vocational training on the basis of documents in a timely manner and comprehensively to teach. He has to consult with the Works Council about the nature and scope of the measures and about the prevention of hardening.
(2) the Works Council the employer can make proposals for the introduction of a human resources planning and their implementation.
(3) paragraphs 1 and 2 shall apply mutatis mutandis to measures within the meaning of § 80 para 1 No. 2a and 2B, in particular for the preparation and implementation of measures to promote equality between women and men.

the employer § 92a employment (1) which works Council can make proposals to the protection and promotion of employment. These can be especially flexible working time, the promotion of part-time work and part-time work, new forms of work organisation, changes in work procedures and workflows that have qualification of workers, alternatives to the outsourcing of work or its operations to other companies, as well as to the production and investment programme for the subject.
(2) the employer has to advise the proposals with the Works Council. The employer deems unsuitable, the proposals of the Council he has to justify this; in companies with more than 100 employees the explanatory statement is in writing. To the discussions the employers or the Works Council may consider a representative of the Federal Agency for work.

§ 93 tender jobs the Works Council may demand that jobs which are to be filled, are written in general or for certain types of activity before their occupation within the company.

§ 94 staff questionnaire, assessment principles (1) personal questionnaire shall require the consent of the Works Council. An agreement not be reached on their contents, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(2) paragraph 1 shall apply accordingly to personal information in written contracts, generally to be used for the operation, as well as for the establishment of general principles of assessment.

Section 95 selection guidelines (1) directives on personnel selection in settings, transfers, regrouping and cancellations shall require the consent of the Works Council. Not concluded an agreement on the guidelines or their content, the consensus Board will decide at the request of the employer. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(2) in enterprises with more than 500 workers the Works Council may require the preparation of guidelines on the measures of paragraph 1 sentence 1 to these professional and personal requirements and social aspects. Not concluded an agreement on the guidelines or their content, so the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(3) the meaning of this Act is the assignment of a different workspace, which is expected to exceed the duration of one month, or associated with a substantial change in the circumstances under which the work is to provide. Usually not constantly employed according to the nature of their employment relationship in a particular workplace workers, the determination of the respective workplace is not deemed to transfer.
Second subsection vet § 96 development of vocational training (1) employers and works councils have to promote the vocational training of workers within the framework of the corporate HR planning and in cooperation with the vocational education and training and the bodies responsible for the development of vocational training. The employer has to determine the vocational training needs at the request of the Council and to discuss issues of vocational training of employees of the operation with him. To do this, the Works Council can make suggestions.
(2) employers and works councils have to ensure that participation in operational or external measures of vocational training enables workers, taking into account the operational needs. You have also the needs of older workers, part-time workers and workers with family responsibilities to consider.

Article 97 has facilities and measures of vocational training (1) the employer with the Works Council about establishing and operating facilities for vocational training, to advise the introduction of occupational vocational training and participation in external training programmes.
(2) has the employer planned measures or carried out which result in that change the activity of the workers concerned and their professional knowledge and skills to perform their duties are no longer sufficient, so the Works Council on the introduction of measures of occupational vocational training has to influence. An agreement not be reached, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.

§ Implementing operational training (1) who has Works Council in the implementation of measures of occupational vocational training to determine with 98.
(2) the Council may disagree with the order of a person responsible for implementing the operational training or require their dismissal, if it does not have the personal or professional, in particular the occupational and work-educational suitability within the meaning of the vocational training act or neglected their duties.
(3) the employer carries out operational measures of vocational training or indemnify employee for external measures of vocational training or is he wearing the costs arising from the participation of workers in such actions wholly or partly, the Works Council may make proposals for the participation of workers or groups of workers of to these measures of vocational training of the operation.
(4) agreement is reached in the case of paragraph 1 or pursuant to paragraph 3 of the Works Council proposed participants, the conciliation decision. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(5) an agreement is reached in the case of paragraph 2, as the Works Council at the labour court may request to abandon the employer to refrain from ordering or to perform the recall. The employer contrary to order a final judicial decision he is so at the request of the Works Council of the Labour Court for the order after prior notice to a fine to condemn; the maximum size of the fine money amounts to 10,000 euros. The employer performs the dismissal a final judicial decision contrary to not, shall at the request of the Council by the Labour Court to that the employer the recall by penalty stop is; the maximum size of the penalty payment is 250 euros for each day of the violation. Prejudice to the provisions of the vocational training Act on the regulation of the vocational education and training.
(6) paragraphs 1 to 5 shall apply mutatis mutandis if the employer carries out other education measures in operation.
Third subsection personnel actions § 99 participation in personnel actions
(1) in companies with generally more than 20 eligible employees, the employer has the Works Council before any setting to teach grouping, regrouping and transfer to submit the required application documents to him and to provide information about the person of the parties; He has to provide information about the effects of the proposed action the Works Council upon presentation of the required documents and obtaining the consent of the Works Council to the proposed action. Settings and dislocations, the employer has to tell particularly the work envisaged and the proposed grouping. The members of the Works Council are obliged to keep them quiet about the under the personnel actions after the sets 1 and 2 known personal relationships and Affairs of workers need after a confidential treatment of their importance or their contents; § 79 para 1 sentence 2 to 4 shall apply mutatis mutandis.
(2) the Council may refuse approval if 1 would violate the personnel action against a law, a regulation, an accident prevention regulations or a provision of a collective agreement or a works agreement or against a judicial decision or an administrative arrangement, 2 would be contrary the personnel action against a directive according to § 95, 3. the concern is justified by the facts is that workers who are terminated as a result of human action in the operation or suffer other disadvantages , unless this is justified for operational or personal reasons; disadvantage applies to open-ended setting also not taking into account of an equally appropriate fixed-term employees, 4. the affected workers by the staffing action is discriminated against, without being made operational or in the person of the employee for reasons justified, 5 a required under § 93 tender operation is there have been no or 6 there is the concern that is justified by the facts, that the applicant made for the personnel action in Vista or employee operation peace through unlawful conduct or gross violation in § 75 section 1 principles, in particular by racist or xenophobic activity, will interfere.
(3) the Works Council refuses its consent, so he has, giving reasons within a week after informing the employer in writing this this. The Works Council does not notify in writing refusing his consent the employer within the period, the approval shall be granted.
(4) the Works Council refuses its consent, so the employers at the labour court may request to replace the agreement.

Section 100 temporary staffing measures (1) the employer shall, if this is an urgent need for objective reasons, the human measure within the meaning of § 99 para 1 sentence 1 provisionally performs, before the Works Council expressed or if he refused consent. The employer has to inform the employee about the material and legal situation.
(2) the employer shall immediately by the interim staffing measure to inform the Works Council. The Council denies that substantive grounds, the action is urgently needed, he shall immediately notify the employer. In this case, the employer may only maintain the interim staffing measure when he replace the consent of the Works Council and the finding applied for three days at the Labour Court, that substantive grounds, the action was urgently needed.
(3) the Court by final decision rejects the substitution of the consent of the Works Council or it legally establishes that obviously substantive grounds, the action was not an urgent need, the interim staffing measure ends at the end of two weeks of legal force of the decision. From this point on, the personnel action may not be maintained.

§ 101 penalty the employer conducts a personal measure within the meaning of § 99 para 1 sentence 1 without the consent of the Works Council or he maintains an interim staffing measure contrary to article 100, paragraph 2, sentence 3 or paragraph 3, so the Works Council at the labour court may request to abandon the employer to pick up the personnel action. The employer contrary to a final judicial decision does not eliminate the human measure, is to that the employer to the lifting of the order through penalty stop is at the request of the Council by the Labour Court. The maximum size of the penalty payment is 250 euros for each day of the violation.

§ 102 participation at cancellations (1) is the Works Council to hear prior to any termination. The employer has to tell him the reasons for the termination. A dismissal pronounced without consultation of the Works Council is ineffective.
(2) the Works Council against an ordinary termination concerns has, so he has this, stating the reasons at the latest within one week in writing with the employer. He is not expressed within this period, his consent to the termination is considered granted. The Works Council to an extraordinary cancellation has concerns, so he has this employer, stating the reasons immediately, at the latest however within days three, in writing. The Works Council to hear before its opinion as far as this is deemed necessary, the affected workers. § 99 para 1 sentence 3 shall apply accordingly.
(3) the Council may oppose sentence 1 of the ordinary termination within the time period of in paragraph 2, if 1 the employer not or not sufficiently took into account social considerations in the selection of the employee to hinting, 2. the termination is against a policy according to § 95, 3. which allowance may be workers at another work place in the same or in another firm of the company retained , 4. the continued employment of the employee is possible after reasonable retraining or further training measures or 5. continued employment of the employee under the amended contract conditions is possible and workers has stated agrees with this.
(4) the employer announces, although the Works Council has objected to the termination pursuant to paragraph 3, he has to send a copy of the opinion of the Council the employees of termination of.
(5) the Council time and properly contradicted an ordinary termination, and the workers brought an action on finding under the employment protection act, that the employment relationship by the termination is not resolved, so have the employer at the request of the employee continue to deal with this after the expiry of the notice period to final completion of the dispute in unchanged conditions. At the request of the employer the Court can release 1 him by injunction from the requirement for continued employment after sentence, if 1st who complaint of the employee has no reasonable prospect of success or appear malicious or 2 would result in the continued employment of the employee to an undue economic burden of the employer or 3. the opposition of the Works Council was manifestly unfounded.
(6) an employer and Works Council may agree that dismissals require the consent of the Works Council and that disagreements the consensus Board decides on the permission of non-consent.
(7) the rules on the involvement of the Works Council to the protection against dismissal Act remain unaffected.

§ 103 extraordinary notice of termination and relocation in special cases (1) the extraordinary termination of members of the Works Council, the youth and trainee representative, Board representation and the Lake Works Council, of the Election Committee as well as by election candidates requires the consent of the Works Council.
(2) the Works Council refuses its consent, so the Labour Court can replace them at the request of the employer, if the extraordinary termination, taking into account all the circumstances is justified. The affected workers of involved is in the proceedings before the Labour Court.
(3) the transfer of persons referred to in paragraph 1, which would lead to a loss of Office or the eligibility, the consent of the Works Council; This does not apply if the affected employee with the transfer agrees. Paragraph 2 shall apply mutatis mutandis with the proviso that the Labour Court can replace the consent to the transfer, if it is necessary taking into account the operating constitutional position of the affected worker urgent operational reasons.

§ 104 removal betriebsstörender workers
Has an employee by unlawful conduct or gross violation of the principles contained in article 75, paragraph 1, in particular by racist or xenophobic activities, operation peace brings again seriously disrupted, the Works Council of the employers may request the dismissal or transfer. The Labour Court, is there a proposal of the Works Council to abandon the employer, making the dismissal or transfer, and the employer does not lead through the dismissal or transfer a final judicial decision contrary to, so, is to recognize that he stop was to carry out of the dismissal or transfer through penalty proposal of the Works Council of the Labour Court. The maximum size of the penalty payment is 250 euros for each day of the violation.

§ 105 executives is an intended setting or personnel change of an employee conducting referred to in § 5 para. 3 in time to inform the Works Council.
Sixth section Economic Affairs first subsection briefing in economic affairs section 106 Committee (1) in all companies with usually more than one hundred workers an Economic Committee is constantly to make. The Committee has the task to discuss economic affairs with the entrepreneurs and to inform the Works Council.
(2) the contractor the Economic Committee in a timely manner and comprehensively has over the Economic Affairs of the company submitting the required documentation to teach, as far as endangering the operating and business secrets of the company, as well as to represent the resulting impact on the human resources planning. Belongs to the documents required in the cases of paragraph 3 No. 9a in particular the indication of the potential purchaser and its intentions with regard to the future business of the company, as well as the resulting effects on the worker; The same applies if a bidding process is carried out in advance of the acquisition of the company.
(3) the Economic Affairs within the meaning of this provision include in particular 1 the economic and financial situation of the company;
2. the production and sales situation;
3. the production and investment program;
4. rationalization projects;
5. manufacturing and working methods, in particular the introduction of new working methods;
5a. operational environmental issues;
6. the restriction or closure of companies or operating parts;
7. the relocation of businesses or parts;
8. the merger or Division of companies or enterprises;
9. the change of the operating organization or the purpose of the operation;
9A. the acquisition of the company if this is connected to the acquisition of control, as well as 10 other operations and projects, which can touch the interests of the workers of the company significantly.

Section 107 order and composition of the Economic Committee (1) the Committee consists of at least three and a maximum of seven members, who must belong to the company, including at least one Council member. Members of the Economic Committee, also the employees referred to in § 5 ABS. 3 can be determined. The members should have the professional and personal suitability required for the fulfilment of their tasks.
(2) the members of the Management Committee are determined by the Committee for the duration of his term. There is a Works Council, shall determine the members of the Economic Committee; the term of Office of the members ends in this case at the time in which the term of Office of the majority of members of the Central Works Council, which to participate were allowed on the determination of has expired. The members of the Committee on Economic Affairs may be dismissed at any time. on the dismissal are sentences 1 and 2 apply mutatis mutandis.
(3) the Council may decide by a majority of its members to transfer the duties of the Economic Committee a Committee of the Council. The number of members of the Committee must not exceed the number of members of the operating Committee. The Works Council may however more workers, including the employees conducting referred to in § 5 para. 3 up to the same number as the Committee has members appointed to the Committee; Sentence 1 applies to the decision-making process. Article 79 for the confidentiality of the other employee referred to in sentence 3 shall apply accordingly. For the amendment and revocation of decisions pursuant to sentences 1 to 3 are same majorities required as for the decisions to the sentences 1 to 3. A Works Council is built in a company this shall decide on the other duties of the Economic Committee; the sentences 1 to 5 shall apply mutatis mutandis.

Section 108 sessions (1) the Committee is supposed to meet monthly once.
(2) at the sessions of the Committee on Economic Affairs, the contractor or his representative has to take part. He can seek skilled workers of the company including the employees referred to in § 5 para. 3. § 80 paragraph 3 and 4 shall apply accordingly for the consultation and the obligation of secrecy by experts.
(3) the members of the Management Committee are entitled to inspect the documents to be submitted pursuant to article 106, paragraph 2.
(4) the Committee has to report to the operating Council about each session immediately and completely.
(5) the annual financial statement is to explain to the Committee with the participation of the Works Council.
(6) the Works Council or of the General Works Council decided an otherwise performance of duties of the Economic Committee, paragraphs 1 to 5 shall apply mutatis mutandis.

§ 109 self-rule will not be a report on Economic Affairs of the company in the sense of § 106 contrary to the request of the Economic Committee, in a timely manner or only insufficiently granted and an agreement is reached on this between entrepreneurs and the Works Council, shall decide the conciliation. The slogan of the conciliation replaces the agreement between the employer and the Works Council. The conciliation can, listen to experts if this is necessary for their decision; § 80 paragraph 4 shall apply mutatis mutandis. Has the Works Council or the Central Works Council decided an otherwise carrying out the tasks of the Economic Committee set shall be 1 according to.

section 109a takeover in company where no Committee exists is 9a in case of article 106, paragraph 3 No. councils according to to participate in the article 106, paragraph 1 and 2; section 109 shall apply mutatis mutandis.

Section 110 has inform (1) workers in companies with generally more than 1,000 continuously employed workers of entrepreneurs at least once in each calendar quarter points in section 107, paragraph 3 referred to coordination with the Committee or the previous and the Works Council in writing the economic situation and development of the company to inform the workers.
(2) in companies that do not meet the requirements of paragraph 1, but dealing with usually more than twenty voting permanent workers, applies paragraph 1 with the proviso that informing of workers can be made verbally. A Committee is in these companies not to build, the information shall be made after prior consultation with the Works Council.
Second subsection mode changes § 111 operational changes in company with generally more than 20 eligible employees has can have the Works Council about planned operational changes, the major drawbacks for the workforce or significant parts of the workforce resulted the entrepreneur, to inform in a timely manner and comprehensively, and to discuss the planned operational changes with the Works Council. The Works Council can consult in company with more than 300 workers to support a consultant; § 80 paragraph 4 shall apply mutatis mutandis; In addition, section 80, paragraph 3 remains unaffected. Within the meaning of sentence 1 1 limitation and decommissioning of all operations considered operational changes or essential parts, 2. laying of the whole operation or essential parts, 3. merger with other companies or the Division of operations, 4. fundamental changes of the operating organization, the purpose of the operation or of facilities, 5. introduction of fundamentally new methods of work and production methods.

§ 112 balance of interests of the operational change, social plan (1) comes between entrepreneurs and a balance of interests about the planned operational changes, it works Council to lay this down in writing and be signed by the contractor and the Works Council. The same applies to an agreement on the compensation or the mitigation of economic disadvantages which the workers as a result of the planned operational changes (redundancy). The plan has the effect of an operating agreement. Article 77 paragraph 3 shall not apply on the social plan.
(2) a balance of interests about the planned operational changes or an agreement on the plan is reached, so the entrepreneur or the Works Council may request the Board of Directors of the Federal Agency for labour mediation, the Board may transfer the task to other officials of the Federal Agency for work. No mediation request is made or the mediation attempt is unsuccessful, so the entrepreneur or the Works Council may call the conciliation. At the request of the Chairman of the conciliation, a member of the Board of the federal employment agency or a servant of the federal employment agency named by the Board of Directors of the federal employment agency takes part in the proceedings.
(3) contractors and councils should make proposals on settling of differences of opinion about the interests and the social plan of conciliation. The conciliation has to try an agreement of the parties. An agreement be reached, it shall be in writing and be signed by the parties and by the Chairman.
(4) an agreement on the plan is reached, the conciliation shall decide on the establishment of a social plan. The slogan of the conciliation replaces the agreement between the employer and the Works Council.
(5) the conciliation has its decision under paragraph 4 to take into account the social interests of workers as well as to ensure the economic sustainability of their decision for the company. It has to approve discretion in particular by the following principles to guide the conciliation: 1 to provide services compensate or mitigate economic disadvantages, especially through income reduction, elimination of special services or loss of entitlements to occupational pensions, relocation costs or increased travel costs, which reflect generally the circumstances of the individual case.
2. it has to take into account the views of affected workers in the labour market. She should exclude employee benefits, the employees are in a reasonable employment in the same or in another firm of the company or a company belonging to the group can and refuse the continued employment; possible further employment elsewhere shall not the unacceptability for himself alone.
2A. you should take into account in particular, the funding possibilities provided for in the third book of the social code to avoid unemployment.
3. it has to make sure that the continued existence of the company or the remaining after the operation change jobs will not be compromised for the calculation of the total cost of the social plan provided it.

section 112a enforceable plan for downsizing, start-ups (1) is a proposed operational changes in the meaning of § 111 set 3 No. 1 alone in the dismissal of workers, so § 112 para 4 and 5 shall apply only, if 1 in establishments usually less than 60 workers, 20 per cent of the regularly employed workers, but at least 6 workers, 2. in farms with at least 60 and less than 250 workers 20 per cent regularly employed workers of or at least 37 workers, 3. holdings with at least 250 and less than 500 workers 15 per cent regularly employed workers or at least 60 workers, 4th in enterprises with at least 500 workers 10 per cent of the regularly employed workers, but at least 60 workers for operational reasons should be dismissed. Also the retirement caused by the employer for reasons of operational change of workers on the basis of legal contracts deemed dismissal.
(2) § 112 para 4 and 5 shall not apply to holdings of a company in the first four years after its inception. This shall not apply in the case of start-ups in connection with the legal restructuring of companies and corporations. The recording of a work which to notify the tax office is according to section 138 of the tax code depends on the date of Foundation.

§ Differs from a balance of interests about the planned operational change without compelling reason 113 compensation (1) the contractor, so workers who are dismissed as a result of this deviation, may institute proceedings in the Labour Court with the request to pay severance to condemn the employer; section 10 of the employment protection act shall apply mutatis mutandis.
(2) workers as a result of a deviation suffer other economic disadvantages, referred to in paragraph 1 the operator has to compensate for these disadvantages to a period of 12 months.
(3) paragraphs 1 and 2 shall apply mutatis mutandis, if the contractor performs a planned operational changes according to § 111, without having tried a balance of interests about it with the Works Council, and workers are dismissed as a result of the action or suffer other economic disadvantages.
Fifth part of special provisions for individual modes first section maritime section 114 on principles (1) this Act shall apply, unless otherwise specified in the provisions of this section is seagoing vessels and their companies.
(2) shipping companies is a company that operates commercial shipping and domiciled within the territorial scope of this Act in the meaning of this Act. A maritime transport undertaking within the meaning of this section also operates, who used ships as correspondence Reeder, contract owners, equipment suppliers or due to a similar legal relationship to the acquisition by the maritime transport, if he is an employer of the captain and the crew members or mainly exercising the powers of the employer.
(3) in the meaning of this Act all the ships of a maritime company including those in paragraph 2 is considered Lake operation set 2 ships referred to.
(4) ships within the meaning of this law are merchant, flying the U.S. flag after the flag law. Vessels that return normally within 24 hours after the run-out at the seat of a land operation, are considered part of this land operation of the maritime company.
(5) youth and trainee representatives are made only for the land operations of shipping companies.
(6) crew members within the meaning of this law are standing in a Heuer - or vocational training to a liner shipping companies persons employed in the operation of Lake with the exception of the captain. Only the Captains are senior employees within the meaning of § 5 ABS. 3 of that law.

§ 115 Board representative (1) a Board representative is selected on ships, which are manned with at least five eligible crew members, three of which are selectable. Board representation apply, unless this Act or other legislation unless otherwise stated, the provisions on the rights and obligations of the Works Council and the status of its members.
(2) the rules on the choice and composition of the Council apply with the following conditions: 1 all of the vessel's crew members are entitled to vote.
2 the crew members of the vessel, who have completed 18 years of age on election day and were a year crew member of a vessel flying the U.S. flag after the flag law are selectable. Section 8, subsection 1, sentence 3 shall remain unaffected.
3. the representative of the Board consists of 21 to 75 eligible crew members from three members, over 75 eligible crew members from five members on ships usually 5 to 20 eligible crew members a person.
4. (disappeared) 5 article 13, paragraph 1 and 3 shall not apply. Board representation is no. 2 to 5 before the end of their tenure under the in § 13 para 2 to choose those conditions.
6. the eligible crew members may decide with a majority of all votes cast, making the choice of Board representation within 24 hours.
7. the period referred to in section 16, paragraph 1, sentence 1 is shortened to two weeks, which is time limit in section 16, paragraph 2, sentence 1 a week.
8 in the official Board representing time ordered a selection board or any Board representation, there is the Election Committee in a Board meeting by the majority of the crew members present is selected; § 17 para 3 shall apply mutatis mutandis. Can for reasons of maintaining the normal operation of the ship a Board meeting does not take place, the captain on application of three electors may appoint the Electoral Committee. The captain, ordered the Election Committee of maritime Works Council is entitled to order the Election Committee. Prejudice to the provisions on the selection board by the Labour Court.
9. the deadline for the challenge to the election begins for crew members aboard when the ship starts a harbour in the area of application of this Act or to any port in which a sailor Office is established, for the first time after the announcement of the election results. The challenge to the election may be declared also to log of the sailor Office. Is contested the election to the Board representation, the sailor office moves the ballots on board. The Declaration of rescission and the indented ballots are to forward immediately to the Labour Court for appeals against the sailor Office.
(3) on the term of Office of the Board representation see §§ 21, 22 to 25 with the proviso application that 1 which is tenure a year, 2. the membership of the Board representation also ends when the crew member terminates service on board, unless that's 1 rejoins to the service on board before the expiry of the term referred to.
(4) for the management of the Board representation, the sections 26 to 36, § 37 para 1 to 3, as well as the articles 39 to 41 shall apply mutatis mutandis. § 40 paragraph 2 is to apply subject to the proviso that the Board representation to the extent necessary for their activity can take for the connection of the vessel furnished funds to the accelerated delivery of messages claim to the shipping.
(5) the articles 42 to 46 of the operation meeting find corresponding application for the Assembly of the crew members of a vessel (Board meeting). At the request of the Board representation, the captain of the Board meeting has to submit a report on the voyage and related matters. He has issues relating to ship operation, the voyage and the ship safety, to answer.
(6) sections 47 to 59 of the General Works Council and the group works Council does not apply for Board representation.
(7) sections 74-105 on the involvement and participation of employees apply to Board representation with the following conditions: 1 the Board representation is responsible for the treatment of those under this Act of the subject participation and participation of the Works Council matters, relating to the operation of the Board or the members of the crew of the vessel and its regulating is the master on the basis of statutory provisions or the powers conferred on it by the shipping company.
2 does not between captain and Board representation in the matter subject to involvement or participation of the Board representation to an agreement, so the matter can be placed by Board representation on the Works Council of the Lake. The Lake Works Council has the Board representative of the further treatment of the matter to teach. Board representation and Captain can call only the conciliation or the labour court when a Lake Works Council is not elected.
3. Board representation and Captain can close within their jurisdiction Board agreements. The rules on works agreements shall apply for boarding arrangements. Board agreements are prohibited, unless a matter through an operating agreement between Lake Works Council and employer.
4. in matters that are subject to the participation of the Board representation, the captain can meet, even if an agreement with the Board representation is still not achieved, provisional arrangements, if this is necessary to maintain the proper operation of the ship. The temporary nature of the regime to announce is the crew members affected by the arrangement. As far as the provisional regulation does not comply with the final rule, has the shipping companies to compensate for disadvantages caused by the temporary solution crew members.
5. the representative of the Board has the right to regular and comprehensive information about the operation of the ship. The required documents shall be provided to the Board representation. In particular maritime safety, routes, the anticipated arrival and departure times, as well as the charge to be belong to the marine operation.
6. at the request of the Board representation, the captain of her insight into the onboard ship diaries has to grant. In the cases where the captain makes an entry on matters which are subject to the involvement or participation of the Board representation, this is a copy of the registration can demand and give explanations to the logbook. In cases where a matter subject to involvement or participation of the Board representation agreement between captain and Board representation is achieved not representing Board can explain this to the diary of the ship and request a copy of this registration.
7. the jurisdiction of the Board representation in the framework of the occupational health and safety also refers to the ship safety and cooperation with as far as competent authorities and other relevant bodies.

§ Choose Lake Works Council 116 Lake Works Council (1) in maritime operations. On the Lake works councils apply, unless this Act or other legislation unless otherwise stated, the provisions on the rights and obligations of the Works Council and the status of its members.
(2) the provisions on the election, composition and term of Office of the Council apply with the following proviso: vote to the Works Council of the sea all crew members belong to the maritime company are 1.
2 for the eligibility to the Lake Works Council applies section 8 with the proviso that a) in liner shipping companies, which include more than eight ships or in which typically, more than 250 crew members are employed, only pursuant to section 115 subsection 2 No. 2 selectable crew members selected are;
(b) in cases where the requirements of the letter a is not available, only workers are eligible who have the eligibility in the State Office of the maritime company according to § 8, except that the employer with the choice of crew members is in agreement.
3. the Lake Works Council consists of 401 to 800 eligible crew members from three members, over 800 eligible crew members from five members in Lake farms with usually 5 to 400 eligible crew members a person.
4. one proposal is valid, first half-sentence and sentence 2 minimum of three eligible crew members being signed in the case of § 14 para 4 sentence 1.
5. Article 14a shall not apply.
6. the period referred to in section 16, paragraph 1, sentence 1 is on three months extended period to two months in § 16 para 2 sentence 1.
7. for members of the Election Committee workers who can be ordered also in land operation of the maritime company. § 17 para 2 to 4 shall not apply. The Election Committee is no Lake Works Council ordered the Central Works Council or, if one does not exist, the group works Council. Is a Central Works Council nor a group works Council the Election Committee is appointed jointly by the employers and the trade unions represented in the Lake; The same applies if the Central Works Council or of the group works Council fails the election Board pursuant to sentence 3. Unite employers and trade unions, so it ordered the Labour Court at the request of an employer, a Trade Union represented in the lake or from at least three eligible crew members. § 16 para 2 sentence 2 and 3 shall apply mutatis mutandis.
8. the deadline for the challenge to the election pursuant to section 19 para 2 begins for crew members aboard when the ship starts a harbour in the area of application of this Act or to any port in which a sailor Office is established, for the first time after the announcement of the election results. After the expiration of three months after the announcement of the election results, a challenge to the election is not permitted. The challenge to the election may be declared also to log of the sailor Office. The Declaration of rescission is to forward immediately to the Labour Court for appeals against the sailor Office.
9. the membership in the Works Council of the sea ends when the Lake Works Council consists of crew members, also, if the Member of the Lake Works Council is no longer member of the crew. The property as a crew member is not affected by the activity in the Lake Works Council or by an employment pursuant to paragraph 3 No. 2.
(3) sections 26 to 41 over the management of the Works Council on the Lake Works Council with the following conditions apply: 1. in matters where the Lake Works Council pursuant to this Act within a certain period of time has to take a position he, by way of derogation from § 33 para 2, regardless of the number of members appearing to the meeting may adopt a decision, if the members are properly loaded.
2. as far as the members of the Lake Works Council does not exempt are, they are dealing with, they are not being prevented by its activity, to perform the functions of the Lake Works Council. The workplace should correspond to the skills and knowledge of the Member of the Lake Works Council and his current professional position. The workplace is to determine in consultation with the Works Council of the Lake. Not concluded an agreement concerning the definition of the workplace, the conciliation decision. The slogan of the conciliation replaced the agreement between employers and maritime Works Council.
3. the members of the Lake Works Council, who are members of the crew, the Heuer is pay continue even if they are employed in the country. Benefits in kind are adequate to pay. The new workplace is higher, pay corresponding to this workplace is payable.
4. taking into account the local conditions, a control between the Lake Works Council and employer is about the accommodation of the crew members in the Lake Works Council elected to meet, if the workplace is not at the place of residence. An agreement not be reached, the conciliation decision. The slogan of the conciliation replaced the agreement between employers and maritime Works Council.
5.
The Lake Works Council has the right to enter any ship belonging to the maritime operation, to operate within the framework of its tasks and to take part in the meetings of the Board representation. § 115 section 7 No. 5 sentence 1 shall apply accordingly.
6 is a ship in a port within the area of application of this law, so the Lake Works Council may hold office hours on board and carry out Board meetings of the crew members after informing the captain.
7, a ship within a calendar year is no port in the territorial scope of this Act, shall apply the numbers 5 and 6 for European ports. The locks of the Northern Baltic Sea Canal is not considered to be ports.
8. in consultation with the employer consultation and Board meetings can perform, by way of derogation from paragraphs 6 and 7, also in other ports of deck of the vessel, if there is an urgent need for this. An agreement not be reached, the conciliation decision. The slogan of the conciliation replaced the agreement between employers and maritime Works Council.
(4) §§ 42 to 46 on the operating Assembly do not apply to the maritime operation.
(5) for the operation of the Lake the Lake Works Council perceive tasks entrusted to the Works Council, powers, and duties in the §§ 47 to 59.
(6) sections 74 to 113 on the involvement and participation of employees on the Lake Works Council with the following conditions apply: 1 the Lake Works Council is responsible for the treatment of those under this Act of the involvement or participation of the Works Council Affairs, a) that relate to all or several vessels of the Sea operation or the crew members of all or several vessels of the maritime operation, b) that no. 2 was submitted according to section 115, paragraph 7 of the Board representation or c) for not the jurisdiction the Board representation according to § 115 section 7 No. 1 is given.
2. the Lake operating Council is regularly and comprehensively on the ship operation of the maritime company to teach. The documents required are to submit to him.
Second section aviation section 117 is validity for aviation (1) land holdings by carriers to apply this law.
(2) for workers employed in the operations of air carriers, a representation can be established by collective agreement. Cooperation this representation with representatives of workers of the land holdings of the air carrier to be built according to this law, the collective agreement of this Act may provide for derogations.
Third section trend enterprises and religious communities § 118 approval of trend enterprises and religious communities (1) on companies and enterprises, the directly and predominantly 1. political, organisational, religious, charitable, educational, scientific or artistic terms or 2. purpose of reporting or of expression, to which article 5 sentence 2 of the basic law applies, paragraph 1, are used, the provisions of this Act do not apply, insofar as the nature of the business or operation is contrary to the. The sections 106 and 110 are not to apply the sections 111 to 113 only in so far as they govern the compensation or the mitigation of economic disadvantages for workers as a result of operational changes.
(2) this Act does not apply to religious communities and their charitable and educational institutions, without prejudice to their legal form.
Sixth part of criminal law and penalty provisions § 119 offences against industrial relations institutions and their members (1) with imprisonment up to one year or with fine who obstructed 1. a choice of the Works Council, the youth and trainee representative, Board representation, of the Lake Works Council or in article 3, paragraph 1 No. 1 to 3 or 5 designated representatives of workers or affected by infliction or threat by granting or promise of benefits or disadvantages punished, , 2. the activity of the Works Council, of group works Council, group works councils, youth and apprentice representation, the total youth and apprentice representation, the Group youth and apprentice representation, Board representation, of the Lake Works Council, the representatives of workers, the conciliation referred to in article 3, paragraph 1 in section 76 para 8 designated tariff dispute resolution service, the operational complaints referred to in section 86 or of the Economic Committee impedes or interferes with, or 3. a member or an alternate member of the Works Council , of group works Council, of the group works Council, youth and apprentice representation, the total youth and apprentice representation, the Group youth and trainee representative, Board representation, of Lake Works Council, the representatives of workers, the conciliation referred to in article 3, paragraph 1 in section 76 para 8 referred to conciliation, the operational complaints referred to in § 86 or of the Economic Committee to his occupation sake or a respondent according to § 80 paragraph 2 sentence 3 to her occupation sake disadvantaged or favored.
(2) the Act is only at the request of the Works Council, of group works Council, of the group works Council, Board representation, of the Lake Works Council, one which focuses on designated representatives of workers, of the Election Committee, of the entrepreneur or a Trade Union represented in the operation in section 3, paragraph 1.

§ 120 violation of secrets (1) Whoever without a is been revealed to foreign industrial or business secret, that him in his capacity as 1 member or substitute member of the Works Council or one of the entities referred to in § 79 paragraph 2, 2 representatives of a trade union or employers ' Association, 3 experts, consulted by the Works Council, according to article 80 paragraph 3 or heard of the consensus Board pursuant to § 109 set 3 , 3a.
Consultant who has been moved to, by the Works Council pursuant to section 111 set 2 known information person who has been the operating Council pursuant to § 80 paragraph 2 sentence 3 available, or 4 employee who works Council according to sec. 107 para 3 sentence 3 or by the Committee according to article 108, paragraph 2, sentence 2 has been moved to 3B. and been referred to by the employer expressly for non-disclosure is , is punishable by up to one year or punished with fines.
(2) shall be similarly punished, who revealed a strange secret of a worker, especially a secret belonging to the personal sphere of life, unauthorized, to retain him in his capacity as a member or substitute member of the Works Council or one who has become known in § 79 paragraph 2 authorities referred to and according to the regulations of this law of silence.
(3) is the culprit for a fee or with the intention of enriching himself or another or to harm another, the penalty is up to two years or a fine of imprisonment. As well, it will be punished who fraudulently exploited a strange secret, namely an industrial or trade secret, he is obliged to its confidentiality pursuant to paragraphs 1 or 2.
(4) paragraphs 1 to 3 shall also apply if the perpetrator fraudulently reveals the foreign secret after the death of the person concerned or recycled.
(5) the Act will be prosecuted only at the request of the injured person. The injured person dies so the application right is transferred according to § 77 para 2 of the criminal code to members, if the secret belongs to the personal life of the injured; in other cases, it passes to the heirs. The perpetrator revealed the secret after the death of the person concerned, sentence 2 shall apply mutatis mutandis.

§ 121 penalty provisions (1) any person is, who is a 2 set 1 which in article 90, paragraph 1, § 92 para 1 sentence 1 in conjunction with paragraph 3, article 99, paragraph 1, article 106, paragraph 2, § 108 para 5, § 110 or § 111 of designated reconnaissance or obligations not, untruthfully, incomplete or delayed met.
(2) the offence can be punished with a fine up to ten thousand euros.
Seventh part change of laws article 122 (Amendment of the Civil Code) (void) section 123 (Amendment of the protection against dismissal Act) (irrelevant) section 124 (Amendment of the Labour Court Act) (void) eighth part of transitional and final provisions § 125 first-time elections under this Act (1) that for section 13 paragraph 1 first works Council elections in 1972 instead.
(2) the first elections of youth and apprentice representation according to § 64 para 1 sentence 1 held in 1988. The term of Office of the Youth Council ends with the announcement of the election results of newly elected youth and trainee representative, at the latest on 30 November 1988 (3) elections of the Works Council, the first regulation on the implementation of the works Constitution Act of 16 January 1972 see Board representation, of the Lake Works Council and the youth and apprentice representation, initiated after July 28, 2001, (Federal Law Gazette I p. 49), last modified by regulation vm 16 January 1995 (BGBl. I p. 43) , the second regulation on the implementation of the works Constitution Act of October 24, 1972 (BGBl. I S. 2029), last amended by the Decree of 28 September 1989 (BGBl. I p. 1795) and the regulation on the implementation of the Works Council elections at the postal companies of 26 June 1995 (BGBl. I p. 871) application corresponding to their modification.
(4) in addition the first regulation on the implementation of the works Constitution Act is for the simplified selection procedure according to § 14a up to amendments with the following stipulations shall apply: 1. the period for the invitation to the Assembly for the election of the Election Committee pursuant to § 14a para 1 of the Act is at least seven days. The invitation must contain the place, day and time of selection meeting and the note, that choice proposals are made to the election of the Council until the end of this Assembly can (§ 14a para 2 of the law).
2. section 3 applies as follows: a) In the case of section 14a para 1 of the Act, the Election Committee on the election meeting shall adopt the election ausschreiben. The appeal period pursuant to section 3 para 2 No. 3 reduced to three days. Specifying must contain the number of minimum seats of sex in the minority (§ 15 para 2 of the law) pursuant to section 3 para 2 No. 4. The election proposals are to submit no. 7 to complete the Assembly for the election of the Election Committee in this by way of derogation from article 3 par. 2. In addition to § 3 para 2, the election Board no. 10 includes the place, day and time of subsequent votes on (section 14a para 4 of the Act).
(b) in the case of § 14a paragraph 3 of the law the Election Committee shall immediately adopt the choice ausschreiben with the requirements of point (a) to section 3 para 2 No. 3, 4 and 10 derogation from section 3 para 2 No. 7 are the election proposals no later than one week before the Assembly for the election of the operating Council (§ 14 a para 3 sentence 2 of the Act) to submit to the selection board.
3. the opposition period of § 4 para 1 is shortened to three days.
4. articles 6 to 8 and section 10 para 2 find appropriate application with the proviso that the selected due to election proposals. In the case of section 14a para 1 of the Act, the election proposals are to complete the Assembly for the election of the Election Committee at this to submit; in the case of § 14a para 3 of Act, the election proposals are to be submitted at the latest one week before the election meeting regarding the selection of the Works Council (§ 14a para 3 sentence 2 of the Act) for the Election Committee.
5. Article 9 shall not apply.
6. on the selection procedure, the §§ 21ff find. appropriate application. On the ballot are candidates in alphabetical order, stating the surname, performing first name and type of employment in operation.
7 § 25 paragraph 5 to 8 shall not apply.
8 section 26 applies paragraph 1 subject to the proviso that the voters no later than three days must have communicated his desire on written vote the Election Committee prior to the date of the Assembly for the election of the operating Council.
9 § 31 finds appropriate application with the proviso that the youth and trainee representative is selected on the basis of nominations.

§ 126 authorization to the Decree of election regulations the Federal Ministry of labour and Social Affairs is authorized, with the consent of the Federal Council regulations to adopt to control called elections on 1 in the sections 7 to 20, 60 to 63, 115, and 116 the preparation of choice, in particular the preparation of voter lists and the calculation of the number of representatives;
2. the deadline for the consultation of the voter lists and the collection of complaints made against them;
3. the proposal lists and the deadline for their submission;
4. the choice ausschreiben and the deadlines for its publication;
5. the voting;
5a. the distribution of seats in the Works Council, on behalf of the Board, in the Works Council of the sea, and in the youth and trainee representative on the sexes, also as far as occupied the seats not in accordance with § 15 para 2 and article 62, paragraph 3 can be;
6. the determination of the election results and the deadlines for its publication;
7. the retention of the offing.

Section 127 references as far as referenced in other legislation on rules or terms be used, be repealed or amended by this Act, the relevant regulations or labels this law to take their place.

§ 128 existing different collective agreements which at the date of entry into force of this Act pursuant to section 20 para 3 of the works Constitution Act of October 11, 1952 applicable collective agreements on the establishment of a different representation of workers for businesses, which because of their nature of the establishment of works councils conflict with special difficulties, are not affected by this law.

Article 129 (dropped out) § 130 public service this Act does not apply to administrations and enterprises of federal, the States, the municipalities and other authorities, establishments and foundations governed by public law.

Article 131 (Berlin clause) (irrelevant) section 132 (entry into force)