First Regulation On The Implementation Of The Works Constitution Act (Electoral Code - Where)

Original Language Title: Erste Verordnung zur Durchführung des Betriebsverfassungsgesetzes (Wahlordnung - WO)

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First Regulation implementing the Works Constitution Act (electoral regulations-WO)

Non-official table of contents

BetrVGDV1WO

Date of issue: 11.12.2001

Full quote:

" First Regulation Implementation of the Works Constitution Act (Electoral Regulations-WO) of 11. December 2001 (BGBl. 3494), as set out in Article 2 of the Regulation of 23 June 1994. June 2004 (BGBl. I p. 1393) "

:Modified by Art. 2 V v. 23. 6.2004 I 1393

See Notes

Footnote

(+ + + Text evidence: 15.12.2001 + + +)

for more details on the stand. name="BJNR349400001BJNE004500000 " />Non-Official Table of Contents

Input Formula

Based on Section 126 of the Works Constitution Act, as amended by the 25. September 2001 (BGBl. I p. 2518), the Federal Ministry of Labour and Social Affairs decrees: Non-official table of contents

Content overview

§ §
First Part Choice of works council (§ 14 of law)1-27
first section General Rules1-5
Second SectionElection of more than three members of the works council (due to draft lists)6-23
 First SubsectionThe submission and announcement of draft lists 6-10
Second sub-section Election procedure for several lists of proposals (§ 14 para. 2 sentence 1 of the law)11-19
Third sub-sectionElectoral procedure with only one proposal list (§ 14 para. 2 sentence 2 first half sentence of the law) 20-23
Third sectionWritten voice output 24-26
Fourth sectionElectoral proposals of the Unions27
Second partElection of the works council in the simplified electoral procedure (§ 14a of the law)28-37
First section Election of the works council in the two-stage procedure (Section 14a (1) of the Act)28-35
 First SubsectionElection Board Election28-29
Second sub-sectionWorks Council choice 30-35
Second sectionElection of the works council in the one-step procedure (§ 14a para. 3 of the law)36
Third section Election of the works council in companies with as a rule 51 to 100 persons entitled to vote (Section 14a (5) of the Law)37
Third party PartElection of youth and trainee representation38-40
Fourth part Transitionand final rules41-43

First part
choice of works council (§ 14 of the Law)

First Section
General Rules

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§ 1 Electoral Management

(1) The election management is responsible for the election.(2) The electoral code may give a written order of procedure. It may draw up voters as candidates for election assistance in the conduct of the vote and in the counting of votes.(3) The decisions of the electoral board shall be taken with a simple majority of votes of the members entitled to vote. A minutes shall be recorded at each meeting of the electoral board, which shall contain at least the text of the decisions taken. The minutes shall be signed by the chairman or the chairman and by another member of the electoral board who is entitled to vote. Non-official table of contents

§ 2 voters ' list

(1) The electoral board has a list of eligible voters (voter list) for each choice of works council election according to the sexes. The persons entitled to vote are to be listed in alphabetical order with the surname, first name and date of birth. The voters who are not entitled to vote in accordance with Section 14 (2) sentence 1 of the Employees 'Admission Act are to be expleted in the voters' list.(2) The employer shall provide the electoral board with all the information necessary for the preparation of the voters ' list and shall make available the necessary documents. In particular, he has to assist the electoral authorities in determining the persons referred to in Section 5 (3) of the Act.(3) The right to vote and to stand as a candidate is only available to workers who are entered in the voters ' list. Eligible temporary workers and temporary workers within the meaning of the Employee Transfer Act are only entitled to the right to vote (Section 14 (2) sentence 1 of the Employees 'Admission Act). (4) A print of the voters' list and a print of this Regulation shall be interpreted from the date of the initiation of the election (Section 3 (1)) until the end of the vote at a suitable point in the establishment for inspection. The imprint of the voters ' list is not intended to contain the birth dates of the voters. In addition, the imprint of the voters ' list and the regulation can be made known by means of the information and communication technology available in the company. The contract notice shall only be permitted in electronic form only if all workers are able to obtain knowledge of the contract notice and provision is made for changes in the notice to be made only by the The electoral code may be carried out.(5) The electoral board shall ensure that foreign workers who are not proficient in the German language prior to the introduction of the works council vote on electoral procedures, list of voter and proposal lists, election process and voting in a suitable manner. Non-official table of contents

§ 3 Election Letter

(1) By no later than six weeks before the first day of the vote, the electoral Board shall issue a A ballot letter to be signed by the chairman or the chairman and by at least one other voting member of the electoral board. With the adoption of the ballot letter, the election of the works council is initiated. The first day of the vote shall be no later than one week before the date of the term of office of the works council.(2) The electoral letter must contain the following information:
1.
the date of its adoption;
2.
the determination of the location where the voters ' list and this regulation are located, as well as in the case of the announcement in electronic form (§ 2 para. 4 sentence 3 and 4) where and how from the The list of voters and the regulation can be taken note of;
3.
that only workers can be elected or elected to the voters ' list. , and that objections against the voters ' list (§ 4) can only be lodged in writing to the electoral board before the end of the two weeks since the vote was issued; the last day of the deadline shall be stated;
4.
the proportion of the sexes and the fact that the gender in the works council must be represented at least according to its numerical ratio, if the gender Works council consists of at least three members (§ 15 para. 2 of the law);
5.
the number of members of the works council to be elected (§ 9 of the law) as well as the number of members of the works council to be elected Gender in the minority minority minimum seats in the works council (§ 15 para. 2 of the law);
6.
the minimum number of persons entitled to vote, of which an election proposal (Section 14 (4) of the Act);
7.
That the election proposal of a union represented in the holding must be signed by two representatives (§ 14 paragraph 5 of the law);
8.
that nominations should be submitted to the electoral board in the form of draft lists before the expiry of two weeks since the ballot letter was issued. where more than three members of the works council are to be elected; the last day of the period shall be indicated;
9.
that the vote is subject to the nominations and that the vote shall be taken as a result of the vote; only those nominations may be taken into account in time (No 8);
10.
the determination of the position at which the election proposals are completed by the end of the the votes cast;
11.
The place, day and time of the vote, as well as the operating parts and micro-enterprises, for the written vote (Section 24 (3)) decided is;
12.
the place where objections, election proposals and other statements to the electoral council are to be made (operating address of the
3)
the event of the size, nature or composition of the employee's employees, the members of the Board of Election shall be
to vote in the election of the President of the European Parliament. Where it is appropriate, the electoral committee should draw attention to the fact that the individual organisational areas and the different types of employment are to be taken into account when drawing up proposals for proposals.(4) An imprint of the ballot letter shall be suspended from the electoral authority by the day of its adoption until the last day of the vote, at one or more appropriate places accessible to the electorate, and shall be preserved in a legible state. In addition, the elective letter can be made known by means of the information and communication technology available in the company. Section 2 (4) sentence 4 shall apply accordingly. Non-official table of contents

§ 4 objection to the voters 'list

(1) objections to the correctness of the voters' list may be effective for the voters ' list. Election of the works council only before the expiry of two weeks since the ballot letter has been issued by the electoral board in writing.(2) The electoral management body shall decide immediately on objections under paragraph 1. The opposition is excluded to the extent that it is based on the fact that the assignment in accordance with § 18a of the law has been erroneous. Sentence 2 shall not apply in so far as the persons involved in the assignment procedure according to § 18a (1) or (4) sentence 1 and 2 of the law in the assignment procedure agree to be manifestly flawed. If the objection is deemed to be well founded, the voters ' list shall be corrected. The decision of the electoral board shall be communicated immediately in writing to the employee or the employee who has lodged an appeal; the decision must be taken by the employee or the employee not later than the day before the date of The start of the vote is due to begin.(3) After the expiry of the opposition period, the electoral board should review the voters 'list again for the completeness of the voters' list. Moreover, after the period of opposition has expired, the voters ' list can only be used in case of write errors, obvious inaccuracies, in the execution of objections filed in good time or at the time of the entry of persons entitled to vote in the establishment or during departure from the holding. shall be corrected or supplemented up to the day before the start of the vote. Non-official table of contents

§ 5 Determination of the minimum seats for gender in the minority

(1) The electoral board determines which gender of its numerical value in operation in the minority. The electoral board then calculates the minimum proportion of works council seats for the sex in the minority (section 15 para. 2 of the law) according to the principles of proportional representation. To this end, the numbers of women and men employed on the day of the adoption of the ballot in the holding are placed side by side in a row, and both by 1, 2, 3, 4, etc. shared. The partial numbers determined shall be listed successively below the numbers of the first row, until higher partial numbers for the allocation of the seats to be distributed are no longer considered.(2) Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the works council are to be elected. The gender in the minority is allocated to as many member seats as maximum numbers are allocated to it. If the lowest possible number of both sexes is not available at the same time, the lot will decide on the gender of that seat.

Second section
Election of more than three Members of the Works Council (due to list of proposals)

First Subsection
submission and announcement of draft lists

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§ 6 List of proposals

(1) If more than three members of the works council are to be elected, the election shall be made on the basis of Proposal lists. The list of proposals shall be submitted by the persons entitled to vote before the end of the two-week period since the ballot letter has been issued by the electoral board.(2) Each list of proposals shall comprise at least twice as many applicants as members of the works council.(3) In each list of proposals, the individual applicants must be listed on the holding in a recognizable order, with the serial number and the surname, first name, date of birth and type of employment in the establishment. The written consent of the applicants for inclusion in the list shall be attached.(4) If no other signatory of the list of proposals is expressly referred to as a list representative, the person or the first person shall be considered as a list representative or a list representative. This person is entitled and obligated to give the electoral board the explanations required for the elimination of complaints, as well as to receive explanations and decisions of the electoral board.(5) The signature of a person entitled to vote counts only on a list of proposals. Where a person entitled to vote has signed several lists of proposals, he shall declare, at the request of the electoral board, within a reasonable time limit set by him, and no later than three working days, of the signature of the nomination. is maintained. If the timely declaration is not made, its name shall be counted on the list of proposals submitted first and shall be deleted on the other lists; shall include a number of lists of proposals signed by the same person entitled to vote, at the same time as: , the lot shall decide on which proposal list the signature shall apply.(6) A connection of proposal lists is inadmissible.(7) An applicant may be proposed only on a proposal list. If the name of this person is listed on a number of lists of proposals with written consent, it shall, at the election board's request, explain before the end of three working days what application it maintains. If the declaration is not made on time, the applicant must be deleted on all lists. Non-official table of contents

§ 7 Review of the list of proposals

(1) The electoral board has to have the list of proposals or, if the List of proposals shall be submitted in a different way to confirm the date of submission in writing to the list representative or to the list representative.(2) If the list is not provided with a password, the electoral board shall designate the submitted proposal lists with the surname and first name of the two named in the list in the first place. He shall examine the list of proposals without delay, if possible within a period of two working days after receipt of the proposal, and shall immediately, in the event of invalidity or objection to a list, inform the list representative or the list representative in writing. Indicate the reasons for this. Unofficial table of contents

§ 8 Invalid proposal lists

(1) Unvalid are draft lists,
1.
which have not been submitted on time,
2.
on which applicants are not listed in recognizable order,
3.
which do not have the required number of signatures (Section 14 (4) of the Law). The withdrawal of signatures on a submitted proposal list does not affect their validity; § 6 (5) remains unaffected.
(2) Not valid are also suggestions for proposals,
1.
on which the applicants do not refer to the manner specified in § 6 para. 3
2.
if the written consent of the applicants for inclusion in the proposal list is not available,
3.
if the list of proposals no longer has the required number of signatures as a result of deletion in accordance with § 6 para. 5,
if these defects are not within the limit of the application a period of three working days. Non-official table of contents

§ 9 Grace period for proposal lists

(1) If the deadline specified in Section 6 (1) has expired, it is not a valid list of proposals , it shall immediately inform the electoral board in the same way as to make the right to vote and to set a deadline of one week for the submission of proposals. It should be noted in the notice that the election can only take place if at least one valid proposal list is submitted within the period of grace.(2) If a valid list of proposals is not submitted in spite of the notice referred to in paragraph 1, the electoral board shall immediately make known that the election does not take place. Non-official table of contents

§ 10 Announcement of the proposal lists

(1) After the expiry of the time limits specified in § 6 (1), (8) (2) and (9) (1) The electoral board determines by the lot the order of the order numbers allocated to the submitted list of proposals (list 1, etc.). The list representative or the list representative shall be invited to the lottery decision in good time.(2) At the latest one week before the beginning of the vote, the electoral board shall make known the list of proposals accepted as valid until the closing of the vote in the same way as the election proposition (§ 3 para. 4).

Second Subsection
Electoral procedures on multiple draft lists (§ 14 para. 2 sentence 1 of the law)

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§ 11 voting

(1) The voter or voter can only cast her or her vote for one of the pre-approved lists of proposals. The votes are cast by issuing ballot papers in the envelopes intended for this purpose (election envelopes). (2) On the ballot papers the list of nominations shall be based on the order of the order numbers and with the two in the first place to list the names of the names, first names and types of employment in the company, with the name of the name of the applicant, and the password to be specified in the case of lists provided with the password. The ballot papers for the works council selection must all have the same size, colour, texture and inscription. The same is true of the election envelopes.(3) The voter or voter shall identify the list of proposals that she or she has chosen by crossing the list provided for in the ballot paper.(4) ballots provided with a special feature, or from which the will of the voter or voter does not appear to be unquestionable, or the other information other than the list of proposals referred to in paragraph 1, an addition or any other information Changes included are invalid. Unofficial table of contents

§ 12 Election operation

(1) The electoral council has appropriate arrangements for the unobased designation of the ballot papers in the To meet and ensure the provision of a ballot box or a number of ballot boxes. The ballot box must be closed by the electoral head and be set up in such a way that the election envelopes that have been dropped cannot be removed without opening the urn.(2) During the election, at least two voting members of the electoral board must always be present in the polling room; if election assistants are appointed (Section 1 (2)), the presence of a voting member of the electoral board shall suffice. Electoral board and an election worker or an election worker.(3) The voter or voter shall give her or her name and accuse the ballot box in which the ballot paper is placed in the ballot box after the vote has been recorded in the voters ' list.(4) If a person is affected by his or her disability in the vote, he/she may appoint a person of his or her confidence to assist him in the vote, and shall inform the Electoral Council accordingly. Election candidates, members of the electoral board as well as election helpers may not be used for assistance. The assistance shall be limited to the fulfilment of the voter's or voter's wishes; the person of the trust may, together with the voter or the voter, visit the electoral cell. It is obliged to maintain secrecy of the knowledge which it has acquired in the provision of assistance for the vote. The sentences 1 to 4 apply correspondingly to the reading of unblemy voters.(5) At the end of the vote, the ballot box shall be sealed if the vote count is not carried out immediately after the end of the election. The same shall apply if the vote is suspended, in particular if it is carried out on several days. Non-official table of contents

§ 13 Public Voting Count

immediately after the election has been completed, the Electoral Board shall publicly take the count of the Before and after the counting result, the result of the counting is known. Non-official table of contents

§ 14 Procedure in the counting of votes

(1) After the ballot box has been opened, the ballot Board shall accept the ballot papers. Election envelopes and counts the votes cast on each list of proposals. The validity of the ballot papers shall be considered.(2) If there are several marked ballots in an election envelope (Section 11 (3)), they shall only be counted in a simple manner if they are completely identical, otherwise they shall be deemed invalid. Non-official table of contents

§ 15 Distribution of works council seats on the proposal lists

(1) The works council seats shall be on the proposal lists distributed. For this purpose, the number of votes allocated to each proposal list is placed next to each other in a row, all of which are represented by 1, 2, 3, 4, etc. shared. The partial numbers determined shall be listed successively below the numbers of the first row, until higher partial numbers for the allocation of the seats to be distributed are no longer considered.(2) Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the works council are to be elected. Each proposal list shall be allocated as many Members ' seats as maximum numbers shall be allocated to them. If the lowest possible number of proposals is not included in a number of lists of proposals, the lot shall be decided on the list of proposals for which the seat is to be listed.(3) If a list of proposals contains fewer candidates than the maximum number of candidates, the excess member seats shall be subject to the following maximum numbers of the other list of proposals.(4) The order of the candidates within the individual lists of proposals shall be determined by the order in which they are appointed.(5) If the required minimum number of members of the minority is not in the minority in accordance with Article 15 (2) of the Act, if the maximum number of persons on the draft lists is not the minimum number of members of the minority, the following shall apply: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
To the position of the person named on the list of the lowest maximum number, who does not Gender in the minority belongs to the minority in the minority.
2.
2.
If this list of proposals does not include any person of the sex in the minority, this seat shall be placed on the list of proposals with the following, not yet considered, maximum number and with Members of the minority in the minority. If the following maximum number is not applicable to more than one list of proposals, the lot shall be decided on the list of proposals for which this seat is to be submitted.
3.
The procedure after Points 1 and 2 shall continue until the minimum percentage of the seats of the sex in the minority is reached in accordance with Article 15 (2) of the Act.
4.
The distribution of the seats of the sex in the minority shall be taken into account on the individual lists of proposals only for the members of the same sex in the order in which they are appointed.
5.
Does not have any other list of proposals on gender in the minority, the seat remains on the list of proposals, most recently its seat for the benefit of sex in the the minority according to number 1.
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§ 16 Election ID

(1) After it has been determined which Employees are elected as members of the works council, the electoral board has to establish in a record:
1.
the total number of submitted envelopes and the number of valid votes cast;
2.
each of the List of votes obtained;
3.
the calculated maximum numbers;
4.
the distribution of the number of votes. calculated maximum numbers on the lists;
5.
the number of invalid votes;
6.
the the names of the candidates elected to the works council;
7.
any incidents or other incidents that have occurred during the election of the works council, or any other Events.
(2) The minutes are to be signed by the chairman or the chairman and by at least one other voting member of the electoral board. Non-official table of contents

§ 17 Notification to the elected representatives

(1) The electoral board has the employees elected as members of the works council and immediately notify employees in writing of their choice. If, within three working days of receipt of the notification, the person elected does not declare that he/she is opposed to the election, the election shall be deemed to have been accepted.(2) If an elected person leaves the election, the person who is not elected in the same proposal list shall be replaced by the person appointed in the same list. If the elected person belongs to the minority, the person who has been named in the same list shall be replaced by the person who has not been elected, who is not elected, if otherwise the sex is in the minority. shall not be granted the minimum seats to which it is subject in accordance with Article 15 (2) of the Act. Section 15 (5) nos. 2 to 5 shall apply accordingly. Non-official table of contents

§ 18 Announcement of the elected

As soon as the names of the works council members are finally established, the electoral board to make them known in the same way as the electoral letter (§ 3 para. 4) by means of a two-week extension. A copy of the voting document (§ 16) must be sent immediately to the employer and to the trade unions represented on the holding. Non-official table of contents

§ 19 retention of the electoral markets

The works council has the electoral markets at least until the end of its term of office

Third subsection
Electoral procedure with only one proposal list (§ 14 para. 2 sentence 2 first half-sentence of the law)

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§ 20 vote

(1) If only a valid list of proposals is submitted, the voter or voter can only vote for such candidates or candidates who are listed in the proposal list.(2) On the ballot papers, the candidates shall be listed in the order in which they are named on the proposal list, stating the surname, first name and type of employment in the holding.(3) The voter shall mark the candidates or candidates elected by her or her by crossing the place provided for in the ballot paper; no more applicants may be allowed to cross the list of candidates, than Members of the Works Council are to be elected. Section 11 (1) sentence 2, subsection 2 sentence 2 and 3, para. 4, § § 12 and 13 shall apply accordingly. Non-official table of contents

§ 21 Voting count

After the ballot box has been opened, the ballot box shall take the ballot papers from the ballot papers and count the ballot papers. to each applicant and each applicant shall be subject to the provisions of Section 14 (1), second sentence, and (2). Non-official table of contents

§ 22 Determination of the elected

(1) First of all, the minimum seats available to the gender in the minority (§ 15 para. 2 of the law). To this end, the minimum number of seats with members of the same sex in the minority shall be filled in the order of the highest number of votes each of which shall be paid.(2) The distribution of the other seats shall be effected after the distribution of the minimum number of seats of the sex in the minority referred to in paragraph 1. The additional seats will be filled with applicants, regardless of their gender, in the order of the highest number of votes each year.(3) If, in the cases referred to in paragraph 1 or 2, a number of candidates have received the same number of votes for the last registered office of the works council, the lot shall decide who is elected.(4) If fewer members of the minority have been elected in the minority or if fewer members of that sex have been elected than they are to be granted minimum seats in accordance with Article 15 (2) of the Act, the excess shall be excessive to the extent that they are in excess of Members ' seats of the sex in the minority shall be taken into account in the distribution of seats referred to in the second sentence of paragraph 2. Non-official table of contents

§ 23 Election, Notice

(1) After it has been determined, which employees are Members of the Board of Management are elected, the electoral board shall draw up a record in which, in addition to the information given in accordance with section 16 (1) (1), (5) to (7), the number of votes allocated to each applicant and each applicant shall be determined. § 16 (2), § 17 (1), § § 18 and 19 apply accordingly.(2) If an elected person leaves the election, the person who has not been elected shall replace the person with the next highest number of votes. If the chosen person belongs to the minority in the minority, the person who is not elected to this sex shall be replaced by the next highest number of votes, if otherwise the sex in the minority does not meet him in accordance with Article 15 (2) of the It would be possible to obtain minimum seats. If there are no other members of this sex, the votes shall be taken by the non-elected person of the opposite sex with the next highest number of votes.

Third Party Section
Written Voting

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§ 24 Prerequisites

(1) Eligible voters at the time of the election due to absence from the holding are prevented from giving their vote in person, the electoral presume shall have at their request
1.
the election expression,
2.
the draft lists,
3.
the ballot and the ballot box,
4.
a pre-printed by the voter or the voter Declaration in which the ballot paper is to be insured against the electoral council, that the ballot paper has been marked in person, as well as
5.
a larger free-envelope, which is the Address of the electoral board and, as the sender, the name and address of the person or persons entitled to vote and the words "written vote" to be handed out or
to theentitled "Written vote". The electoral body shall also hand the voters or the voter a leaflet on the manner of the written vote (§ 25) or send it to the elector. The electoral board has to note the handing over or the submission of the documents in the voters ' list.Persons entitled to vote who are known to the electoral board that they are not likely to be present in the holding at the time of the election according to the nature of their employment relationship (in particular in the field of external service or teleworking) Employees and persons employed in homework) shall receive the documents referred to in paragraph 1, without the need for any person to be entitled to a right of vote.(3) In the case of parts of the holding and micro-enterprises which are physically remote from the main holding, the voting head may decide to vote in writing. Paragraph 2 shall apply accordingly. Non-official table of contents

§ 25 Voting

The vote is taken in such a way that the voter or voter
1.
the ballot is unobserved in person and in the election envelope
2.
sign the pre-printed statement specifying the location and date and
3.
the ballot box and the signed pre-printed statement in the free envelope are closed and sent to the electoral head in good time or handed over to the ballot box in time for it to be completed before the end of the final of the vote.
Under the conditions laid down in Article 12 (4), the voter or the voter may have the activities referred to in points 1 to 3 be carried out by a person of confidence. Non-official table of contents

§ 26 Procedure in the vote cast

(1) Immediately before the vote is concluded, the electoral authority opens in public Meeting the free-envelopes received up to that date and the envelopes, as well as the pre-printed declarations. If the written vote is duly carried out (section 25), the electoral board shall unopen the ballot box in the ballot box after endorsement of the vote in the voter list.(2) Late incoming envelopes shall be sent to the electoral head with a note on the date of receipt unopened to the electoral documents. The envelopes shall be unopened one month after the announcement of the election result if the election has not been contested.

Fourth Section
Trade Unions Election Proposals

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§ 27 Prerequisites, procedures

(1) For the election proposal of a union represented in the holding (§ 14 Section 3 of the Act) shall apply in accordance with § § 6 to 26.(2) The election proposal of a trade union is invalid if it is not signed by two representatives of the trade union (Section 14 (5) of the Law). (3) The commissioner, signed in the first place, shall be deemed to be the list representative or List representatives. The union may nominate a worker for this purpose or a worker of the establishment who is a member of the union.

Second part
Election of the works council in the simplified electoral procedure (§ 14a of the Act)

First section
Election of the works council in the two-stage procedure (Section 14a (1) of the Act)

First Subsection
Election Board Election

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§ 28 Invitation to the Electoral Assembly

(1) Election meeting, in which the electoral board is elected pursuant to Section 17a (3) of the Act (Section 14a (1) of the Law), three persons entitled to vote of the holding or a trade union represented in the holding may invite (inviting place) and proposals for the The composition of the electoral board. The invitation must be made at least seven days before the day of the election meeting. It is to be made known by means of a slope at suitable points in the operation. In addition, the invitation can be made known by means of the information and communication technology available in the company; § 2 para. 4 sentence 4 applies accordingly. The invitation must contain the following notes:
a)
The place, day and time of the election meeting to elect the Election Board;
b)
that election proposals for the election of the works council can be made by the end of the election meeting to elect the electoral board (Section 14a (2) of the German Electoral Code).
c)
that the election proposals of the employees to elect the works council shall be at least one-twentieth of the electorate, but at least have to be signed by three persons entitled to vote; in establishments with as a rule up to twenty persons entitled to vote, the signing by two persons entitled to vote is sufficient;
d)
that election proposals for the election of the works council, which are only made in the election meeting for election of the electoral board, do not require the written form.
(2) The employer has immediately after the invitation to the election meeting referred to in paragraph 1 of the invitation to the election meeting, all the documents required for the preparation of the voter's list (§ 2) shall be handed over in a sealed envelope. Non-official table of contents

§ 29 Election Board election

The electoral board is elected by the majority of the electoral board in the election of the electoral board. workers who are present (Article 17a (3), first sentence, of the Act). It consists of three members (Section 17a No. 2 of the Law). For the election of the head of the electoral board, the first sentence shall apply.

Second sub-section
choosing the works council

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§ 30 Electoral Board, voters ' list

(1) Immediately after his election, the electoral board at the election meeting elects the election of the electoral board to elect the works council . § 1 shall apply accordingly. It shall immediately draw up a list of persons entitled to vote (list of voters) in the electoral assembly, broken down by the sexes. The inviting office has to hand over the sealed envelope handed out to it pursuant to section 28 (2) of the voting system. The electorate should be listed in alphabetical order in the voters ' list with surname, first name and date of birth. § 2 (1) sentence 3, para. 2 to 4 shall apply accordingly.(2) Claims against the correctness of the voters ' list may be filed in writing with effect for the election of the works council only before the expiry of three days since the ballot letter has been issued by the electoral board. § 4 (2) and (3) shall apply accordingly. Non-official table of contents

§ 31 Election Letter

(1) In the wake of the list of voters, the electoral board shall be issued in the election assembly the election letter to be signed by the chairman or the chairman and at least one other voting member of the electoral board. With the adoption of the ballot letter, the election of the works council is initiated. The elective letter must contain the following information:
1.
the date of its adoption;
2.
the determination of the location where the voters ' list and this regulation are located and in the case of publication in electronic form (§ 2 para. 4 sentence 3 and 4) where and how from the The list of voters and the regulation can be taken note of;
3.
that only workers can be elected or elected to the voters ' list. , and that objections against the voters ' list (§ 4) can only be lodged in writing to the electoral board before the expiry of three days since the vote was issued; the last day of the deadline shall be stated;
4.
the proportion of the sexes and the fact that the gender in the works council must be represented at least according to its numerical ratio, if the gender Works council consists of at least three members (§ 15 para. 2 of the law);
5.
the number of members of the works council to be elected (§ 9 of the law) as well as the number of members of the works council to be elected Gender in the minority minority minimum seats in the works council (§ 15 para. 2 of the law);
6.
the minimum number of persons entitled to vote, of which an election proposal (Section 14 (4) of the Act) and the indication that election proposals which are only made at the election meeting to elect the electoral board do not need to be written in writing (Section 14a (2), second half sentence, of the Act). (law);
7.
that the election proposal of a union represented in the holding must be signed by two representatives (Section 14 (5) of the Law);
8.
that election proposals are to be submitted to the election of the electoral board until the election meeting is concluded (§ 14a (2) first half-sentence of the law);
9.
that the vote is tied to the election proposals and that only such election proposals can be taken into account in time (No. 8);
10.
the determination of the location where the election proposals are made until the vote is finalised;
11.
location, Date and time of the election meeting for the election of the works council (voting day-§ 14a (1) sentences 3 and 4 of the law);
12.
that are entitled to vote, which shall be held by the May not take part in the election meeting for election of the works council, opportunity for subsequent written vote (Section 14a (4) of the Law); the request for a subsequent written vote must be submitted no later than three days before the vote. the date of the election meeting for the election of the works council shall be communicated to the electoral board;
13.
Place, day and time of subsequent written vote (Section 14a (4)) of the law) as well as the operating parts and micro-entities, for the subsequent written vote in accordance with section 24 (3);
14.
the place where Objections, election proposals and other statements to the Electoral Board (operating address of the electoral board);
15.
Place, day and time of the public Vote counting.
(2) An imprint of the ballot letter shall be suspended from the electoral authority by the day of its adoption until the last day of the vote, at one or more appropriate places accessible to the electorate, and shall be in good to be legible. In addition, the elective letter can be made known by means of the information and communication technology available in the company. Section 2 (4) sentence 4 shall apply accordingly. Non-official table of contents

§ 32 Determination of the minimum seats for gender in the minority

The works council to be elected shall consist of at least three members, the electoral board has to calculate the minimum proportion of works council seats for the sex in the minority (section 15 (2) of the law) in accordance with § 5. Non-official table of contents

§ 33 Electoral proposals

(1) The election of the works council is due to election proposals. The nominations shall be submitted by the persons entitled to vote and the trade unions represented in the holding until the end of the election meeting for election of the electoral board. Nominations, which are only made in this Electoral Assembly, do not require the written form (Section 14a (2) of the Law). (2) For election proposals, § 6 para. 2 to 4 applies accordingly. Section 6 (5) shall apply mutatily, with the proviso that an eligible person who supports several nominations must, at the election board's request, declare in the Electoral Assembly what support he is maintaining. For the election proposal of a trade union represented in the holding, § 27 applies accordingly.(3) § 7 shall apply accordingly. § 8 shall apply accordingly, with the proviso that defects in the election proposals pursuant to Section 8 (2) can only be remedied in the election meeting for the election of the electoral board.(4) Immediately after the conclusion of the election meeting, the electoral board shall make known the nominations accepted as valid until the end of the vote in the same way as the election proposition (§ 31 para. 2). (5) no election proposal has been made for the election of the works council, the electoral board has announced that the election will not take place. The notice shall be published in the same way as the letter of election (section 31 (2)). Non-official table of contents

§ 34 Electoral procedure

(1) The voter or voter can only vote for her or her vote for such applicants. , which are named in an election proposal. On the ballot papers, the applicants must be listed in alphabetical order, specifying the surname, first name and type of employment in the holding. The elector shall identify the voters he has chosen by crossing at the place provided for this in the ballot paper; no more applicants shall be allowed to be selected as members of the works council. Section 11 (1) sentence 2, subsection 2 sentence 2 and 3, para. 4 and § 12 shall apply accordingly.(2) In the event of a subsequent written vote (§ 35), the electoral board at the end of the election meeting for the election of the works council shall seal and store the ballot box.(3) In the absence of a subsequent written vote, the Electoral Council shall immediately, after the conclusion of the election, carry out the public counting of the votes and announce the result of the election. § § 21, 23 (1) shall apply accordingly.(4) If only one member of the works council is to be elected, the person who has received the most votes shall be elected. In the event of a tie, the lot shall decide. If an elected person rejects the election, the person who has not been elected shall replace the person with the next highest number of votes.(5) If several members of the works council are to be elected, the determination of the elected representatives shall apply in accordance with § § 22 and 23 (2). Unofficial Table Of Contents

§ 35 Supplementary Written Vote

(1) Can be entitled to vote at the Electoral Assembly for the election of the Works Council In order to cast their votes in person, they may apply for a subsequent written vote at the voting booth (Section 14a (4) of the Law). The request for a subsequent written vote must have been communicated to the electoral board by the person or persons entitled to vote at the latest three days before the day of the election meeting for election of the works council. § § 24, 25 shall apply accordingly.(2) If the subsequent written vote is required on the basis of an application as referred to in the first sentence of paragraph 1, it shall be made known to the electoral authority in the same way as the place of order, the day and the time of the public vote count as (3) Immediately after the expiry of the period for the subsequent written vote, the electoral board shall open, in a public meeting, the free-envelopes received up to that date, and take out the free-envelopes. Election envelopes as well as pre-printed declarations. If the subsequent written vote is properly carried out (section 25), the electoral board shall put the ballot in the ballot box sealed up to that point after endorsement of the vote in the voters ' list.(4) After all the electoral envelopes duly subsequently issued have been placed in the ballot box, the electoral body shall take the count of the votes. Section 34 (3) to (5) applies accordingly.

Second section
Election of the works council in the one-stage procedure (Section 14a (3) of the Law)

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§ 36 Electoral Board, electoral process

(1) After the election board has been appointed by the works council, the General Works Council, the Group Works Council or the Labour Court (§ § § 3). 14a (3), § 17a of the Act), the electoral board shall immediately initiate the election of the works council. The election of the works council shall take place at an election meeting (Section 14a (3) of the Act). § § 1, 2 and 30 (2) shall apply accordingly.(2) Following the list of voters ' lists, the electoral board shall issue the election statement to be signed by the chairman or the chairman and by at least one other voting member of the electoral board. With the adoption of the ballot letter, the election of the works council is initiated. If a works council is in operation, the last day of the vote (subsequent written vote) is to be one week before the day of office of the works council expires.(3) The letter of election shall contain the information required in section 31 (1) sentence 3, unless otherwise specified below:
1.
By way of derogation from point 6, only the minimum number of persons entitled to vote must be specified, of which an election proposal must be signed (Section 14 (4) of the (Law).
2.
By way of derogation from point 8, the electoral board shall state that the nominations shall be submitted no later than one week before the date of the election meeting of the election of the election The last day of the deadline must be stated.
For the announcement of the voter's letter, § 31 (2) shall apply mutas.(4) The provisions relating to the determination of the minimum seats in accordance with § 32, the electoral procedure in accordance with § 34 and the subsequent voting in accordance with Section 35 shall apply accordingly.(5) In the case of election proposals, Section 33 (1) shall apply accordingly, with the proviso that the election proposals shall be submitted by the persons entitled to vote and the unions represented on the holding at the latest one week before the election meeting to elect the works council at the electoral board. in writing (Section 14a (3) sentence 2, second half-sentence of the Act). § 6 (2) to (5) and § § 7 and 8 shall apply mutatily, with the proviso that the time limits specified in § 6 (5) and § 8 (2) do not meet the statutory minimum time limit for the submission of the election proposals in accordance with Section 14a (3) sentence 2 of the first half sentence of the law shall be allowed to exceed At the end of the minimum legal period for the submission of nominations, the electoral body shall make the nominations accepted as valid until the ballot box has been fined in the same way as the electoral letter (paragraph 3). (6) no election proposal has been made for the election of the works council, the electoral board has announced that the election will not take place. The notice has to be made in the same way as the letter of election (paragraph 3).

Third section
Election of the works council in companies with as a rule 51 to 100 persons entitled to vote (Section 14a (5) of the German law) Law)

A non-official table of contents

§ 37 Electoral Procedure

If the employer and the electoral authority are in a holding, as a rule 51 up to 100 persons entitled to vote agree to the election of the works council in the simplified electoral procedure (Section 14a (5) of the Law), the electoral procedure is governed by § 36.

Third part
Election of the youth and Representation representation

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§ 38 electoral board, pre-election preparation

For the election of youth and The representation of the constituency shall be governed by the provisions of § § 1 to 5 on the electoral board, the voters ' list, the electoral letter and the determination of the minimum seats for the gender in the minority. At least one person who can be elected according to § 8 of the law must belong to the electoral body. Non-official table of contents

§ 39 Implementation of the election

(1) If more than three members are to be elected to the youth and trainee representation, the choice is made on the basis of a list of proposals. § 6 para. 1 sentence 2, para. 2 and 4 to 7, § § 7 to 10 and § 27 shall apply accordingly. In accordance with Section 6 (3), the vocational training occupation of the individual applicants must also be listed in each list of proposals.(2) If several valid lists of proposals are submitted, the vote may only be made for a list of proposals. § 11 para. 1 sentence 2, para. 3 and 4, § § 12 to 19 apply accordingly. Section 11 (2) shall apply mutatily with the proviso that the training profession of the individual applicants must also be listed on the ballot papers.(3) If only a valid list of proposals has been submitted, the vote may be made only for those applicants who are listed in the proposal list. § 20 (3), § § 21 to 23 shall apply accordingly. Article 20 (2) shall apply mutatily, with the proviso that the training profession of the individual candidates shall also be listed on the ballot papers.(4) In the case of the written vote, § § 24 to 26 shall apply mutas. Non-official table of contents

§ 40 Election of youth and trainee representation in simplified electoral procedure

(1) In establishments with a generally five up to fifty of the employees referred to in § 60 (1) of the Act, the representation of young people and trainees is elected under the simplified electoral procedure (Section 63 (4) sentence 1 of the Act). For the electoral procedure, § 36 applies accordingly, with the proviso that the training profession of the individual applicants must also be listed in the election proposals and on the ballot papers. Section 38, second sentence, shall apply accordingly.(2) Paragraph 1, sentences 2 and 3 shall apply mutatily if, in an establishment with a rule 51 to 100 of the employees referred to in Article 60 (1) of the Act, the employer and the electoral board shall apply the simplified electoral procedure

Part Four
Transied and Final Provisions

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§ 41 Calculation of time limits

For the purposes of calculating the time limits laid down in this regulation, § § 186 to 193 of the Civil Code shall be applicable Application. Non-official table of contents

§ 42 Area of maritime shipping

The rules governing the elections for the on-board representation and the Maritime Works Council (§ § 115 and 116 of the German Maritime Law) Law) is reserved for a special legal regulation. Non-official table of contents

§ 43 Entry into force

(1) This Regulation will enter into force on the day after the announcement.(2) (omitted) unofficial table of contents

final formula

The Bundesrat has agreed.