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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Read the untranslated law here: http://www.gesetze-im-internet.de/betrvgdv1wo/BJNR349400001.html

First regulation on the implementation of the works Constitution Act (electoral code - where) BetrVGDV1WO Ausfertigung date: 11.12.2001 full quotation: "first regulation on the implementation of the works Constitution Act (electoral code - where) of December 11, 2001 (BGBl. I p. 3494), by article 2 of the Decree of 23 June 2004 (BGBl. I p. 1393) is changed" stand: amended by art. 2 V v. 23 6.2004 I 1393 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 15.12.2001 +++) input formula on the basis of article 126 of the works Constitution Act in the version of the announcement of September 25, 2001 (BGBl. I S. 2518) directed the Federal Ministry of labour and Social Affairs: table of contents § § the first part (section 14 of the Act) 1-27 first operating Council election section general rules 1-5 second choice section more than three works Council members (on the basis of proposal lists) 6-23 first subsection filing and notice of proposal lists 6-10 second subsection dialling when multiple proposal lists (§ 14 para 2 sentence 1 of the law)
11-19 third subsection dialling when just a list (§ 14 para 2 sentence 2 first half-sentence of the law) 20-23 third section written vote 24-26 fourth section election proposals of trade unions 27 second part of choice of the Works Council in the simplified selection procedure (section 14a of the law) 28 - 37 first section choice of the Works Council in the two-stage procedure (section 14a para 1 of the law) 28 - 35 first subsection election of the Election Committee of 28-29 second subsection choice of the Works Council of 30-35 second section of choice of the Works Council in the one-step procedure (section 14a para 3 of the Act) 36 third-party section choice of the Works Council in companies with usually 51 to 100 electors (§ 14a para 5 of the law) 37 part election of the youth and trainee representative 38 - 40 part four transitional and final provisions 41 - 43 first part of choice of the Works Council (section 14 of the Act) first section general rules section 1 Election Committee (1) the election is whether the Election Committee.
(2) the Election Committee can give a written rules of procedure. He can attract voters as electoral and election officials to his support in the conduct of voting and votes counting.
(3) decisions of the selection board are taken with a simple majority of its members entitled to vote. Of each meeting of the selection board, a transcript is to record, which contains at least the wording of the decisions. The minutes shall be signed by which or the Chairman and a voting member of the selection board.

§ 2 voters list (1) which has Electoral Committee for every Works Council election a list of electors (voters list), separated according to gender, to set up. The voters should be listed with the surname, first name and date of birth in alphabetical order. They are not passive voting according to § 14 para 2 sentence 1 of the employees transfer Act to designate in the voters list.
(2) the employer has to provide all the information necessary for the preparation of the voters list the Election Committee and to provide the necessary documentation. He has been the Election Committee in particular in finding in article 5 par. 3 of law to support such persons.
(3) the active and passive right to vote is to only employees and workers who are registered on the voters list. Only the active electoral law (§ 14 para 2 sentence 1 of the employees transfer Act) is eligible temporary workers and temporary agency workers within the meaning of the employee hiring law.
(4) a print of the voters list and an imprint of this regulation are from the day of the introduction of the election (section 3 paragraph 1) suitable up to the conclusion of the voting to place in operation for inspection to be interpreted. The imprint of the voters list should not include the birthdates of electors. In addition, the imprint of the voters list and the regulation by means of information existing in the operation of and communications technology can be made known. The notice solely in electronic form is permitted only if all workers and workers from the notice can acquire knowledge and precautions be taken that changes the notice only of the Election Committee can be made.
(5) the Election Committee is to ensure that foreign workers and workers who are not speak the German language, be informed electoral process and voting prior to the opening of the Works Council election on election procedures, preparation of the voters - and proposal lists, in an appropriate manner.

§ 3 election ausschreiben (1) no later than six weeks before the first day of voting the Election Committee adopts a choice ausschreiben, that is sign of which or the Chairman and at least one other voting member of the selection board. With enactment of the election ausschreibens, the Works Council election is initiated. The first day of voting should be at least one week before the date expires when the term of Office of the Council.
(2) the election ausschreiben must contain the following information: 1. the date of its adoption;
2. the determination of the place where the voters list and this regulation are available, as well as in the case of publication in electronic form (§ 2 para 4 sentence 3 and 4) where and how of the voters list and regulation knowledge can be taken;
3. that only workers and workers can choose or be chosen, which are registered in the voters list, and that appeals against the voter list (§ 4) just before the expiry of two weeks since the adoption of the election ausschreibens; writing inserted in the Election Committee the last day of the period shall be indicated;
4. the proportion of the sexes and the note that the sex in the majority of the Works Council at least according to its numerical ratio must be represented if the Works Council is composed of at least three members (§ 15 para 2 of the law);
5. the number of members of the Works Council to be elected (article 9 of the law), as well as minimum attributable to gender in the minority seats in the Works Council (§ 15 para 2 of the law);
6. the minimum number of voters, of which a nomination must be signed (§ 14 para 4 of the Act);
7. that the nomination of a Trade Union represented in the operation of two officers must be signed (§ 14 para 5 of the Act);
8. that election proposals before the expiry of two weeks since the adoption of the election ausschreibens the selection board in the form of proposal lists to submit are, if more than three members of the Works Council are to choose; the last day of the period shall be indicated;
9. that the voting on the election proposals is bound and that only such nominations shall be considered, (No. 8) are filed on time;
10. the determination of the place where the election proposals hang out up to the end of voting;
11. place, date and time of the voting as well as the plants and micro-enterprises, is decided for the written vote (§ 24 para 3);
12. the place where appeals, election proposals and other declarations to the selection board to make are (operating address of the Election Committee);
13. place, date and time of the public votes.
(3) if it is appropriate to size, character or composition of the workforce of the company, the Election Committee in the election ausschreiben to indicate that choice proposals the responsibilities of the Organization and the various types of jobs to include in establishing.
(4) an imprint of choice ausschreibens is unhooked from the day of its adoption up to the last day of voting on one or several suitable, the electors to reach places by the Election Committee and in legible condition. In addition, the election ausschreiben by means of information existing in the operation of and communications technology can be made known. Section 2, paragraph 4, sentence 4 shall apply mutatis mutandis.

§ 4 objecting to the voters list (1) appeals against the accuracy of the voters list can be placed in writing effectiveness for the Works Council election just before the expiry of two weeks after adoption of the election ausschreibens the selection board.
(2) over objections pursuant to paragraph 1, the Election Committee has to decide immediately. The opposition is excluded, insofar as it is supported on it that the allocation was flawed is according to section 18a of the Act. Sentence 2 shall not apply where you deem incorrect mapping involved according to article 18a, paragraph 1 or 4 sentences 1 and 2 of the Act in the mapping process consistently obviously. Shall be deemed the appeal to be well-founded, the voters list should be correct. The decision of the selection board is the worker or the worker, or the opposition has filed immediately in writing; the decision must be received by the employee or the employee not later than on the day before the start of voting.
(3) after expiry of the opposition period, the Election Committee to check on their completeness and the voters list. In addition, the voters list only with spelling mistakes can after expiry of the opposition period, reveal mistakes in registration in good time the appeals or admission of eligible voters in the factory or retirement from the operation to be adjusted to the day before the start of voting or supplemented.

§ 5 provision of minimum seats for the sex in the minority
(1) the Election Committee determines which sex of his numerical relationship in the operating in the minority is. Then, the selection board calculated the minimum share of Council seats for the sex in the minority (§ 15 para 2 of the law) according to the principles of proportional representation. For this purpose, the numbers of women employed on the day of the adoption of the electoral ausschreibens in operation and men placed and divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers for the assignment of seats to be distributed do not come more into account.
(2) under the so found part numbers, so many quantitative are singled out and size maps, how to choose Works Council members. Sex in the minority with so many member seats allocated, how quota accounted for it. If the lowest considering upcoming maximum number at the same time accounts for both sexes, so the lot decides this seat falls to what sex.
Second section of choice by more than three works Council members (on the basis of proposal lists) the first under section submission and notice of proposal lists § 6 proposal lists (1) more than three works Council members to choose, so made the choice on the basis of proposal lists. The proposal lists must be submitted by the voter before the expiry of two weeks after adoption of the election ausschreibens the election Board.
(2) each proposal list should have at least twice as many candidates or applicants, as Works Council members are to choose.
(3) in each list are the individual applicants or applicants in recognizable order under continuous number and indicating family name, first name, performing birth date and type of employment in operation. The written consent of applicants or candidates for inclusion in the list is to be attached.
(4) If no other signatories of the list is specifically referred to as list representative, or is regarded undersigned as lists representative or representative of lists in the first place. This person is entitled and obliged to submit the declarations required to eliminate complaints to the Election Committee, as well as to receive declarations and decisions of the selection board.
(5) the signature of a voter is on a list. Has signed multiple proposal lists a voter, so he has prompted the Election Committee within a set reasonable period, to explain what signature he maintains no later than before the expiry of three working days. The timely declaration is omitted so the first submitted a proposal list bearing his name is counted and deleted on the other lists; are several suggestion lists, which are signed by the same voters, has been filed at the same time, so the Los decides on which proposal lists the signature is valid.
(6) a combination of suggestion lists is not allowed.
(7) an applicant or a candidate can be proposed only on a list. Is the name of this person with their written consent on several lists of proposal, it shall upon request of the selection board before the expiry of three working days to explain what application maintains it. Is not the timely declaration, the candidate or candidates on any list to delete it.

Article 7 examination of the proposal lists (1) the Election Committee has to pass the proposal list or, if the suggestion list in a different way will be submitted, in writing to confirm the date of filing lists representative or the representative of the list.
(2) the selection board has the submitted proposal list, if the list with a password is provided, to be named with your family name and first name of in the list in the first place. He has immediately the proposal list to check if possible within a period of two working days after receipt, and to inform the representative of the list or lists representative immediately and in writing, stating the reasons for invalidity or complaint a list.

§ 8 invalid proposal lists (1) are not valid proposal lists, 1 which does not timely filed, 2 on which the applicants or applicants not in recognizable order are listed, that not the requisite number of exhibit 3. when submitting signatures (§ 14 para 4 of the Act). The withdrawal of signatures on a submitted proposal list does not affect validity § 6 para 5 shall remain unaffected.
(2) void also proposal lists are the applicants or applicants not in § 6 ABS. 3 specific way are known, 2., 3., 1 where if the written consent of applicants or candidates for inclusion in the proposal lists is not available if the proposal lists as a result no longer has the required number of signatures of cancellation pursuant to section 6 para 5, if eliminated these defects despite objection within a period of three working days.

§ 9 grace period for proposal lists (1) is filed after expiry of the period referred to in article 6, paragraph 1 no valid suggestion list, so the Election Committee has known immediately this in the same way as the choice ausschreiben and to set a deadline by one week for submission of proposal list. In the notice, it is pointed out that the election can take place only if at least a valid suggestion list is submitted within the period of grace.
(2) despite notice referred to in paragraph 1 a valid suggestion list not submitted, the selection board has known immediately to make, that the election will not take place.

§ 10 notice of the proposal lists (1) at the end in periods referred to in article 6, paragraph 1, article 8, paragraph 2 and article 9, paragraph 1 the selection board by the Los determined the sequence of numbers, which are assigned to the submitted proposal lists (list 1, etc.). Representative of the list or the list representative are to invite the Los decision in a timely manner.
(2) at least one week before the start of voting the Election Committee has to make known until the completion of voting in the same way as the choice ausschreiben (section 3 para 4) the proposal lists recognized as valid.
Second subsection dialing several proposal lists (§ 14 para 2 sentence 1 of the Act) § 11 voting (1) voters or voters can submit his or her vote only for one of the proposal lists recognized as valid. Voting is done by distribution of ballots in the envelopes for this particular (election envelopes).
(2) on the ballot, the proposal lists are according to the order of the serial numbers as well as stating the two first-named applicants or applicants with family name, list name and type of employment in operation with each other; Lists that are provided with passwords, the password is to indicate. The ballots for the Works Council election must all have the same size, color, texture, and lettering. The same applies to the choice envelopes.
(3) the voters or voters marks the proposal list chosen by him or her through crosses in the place provided in the ballot.
(4) ballot, equipped with a special feature or the will of the voters or the selector is not undoubtedly results from which or that contain other information as the proposal lists referred to in paragraph 1, an additional or other changes are invalid.

§ 12 to take appropriate action for the unobserved term of the ballot inside the electoral election process (1) which has Electoral Committee and for the provision of a ballot box or multiple choice polls. The ballot box must be sealed by the Electoral Committee and set up that the inserted election envelopes can be taken out not without that the ballot box is opened.
(2) during the election, at least two voting members of the Election Committee in the election must be present; Electoral or volunteers are the presence of a voting member of the selection board and a Wahlhelferin or a selection helper ordered (§ 1 para 2), so suffice it.
(3) the voters or the voter indicates his or her name and throws the election envelope in which the ballot is inserted in the ballot box after voting in the voters list has been noted.
(4) a person who is impaired as a result of his disability in voting, can determine a person of his confidence, which should help him in voting, and communicated this to the Election Committee. Election candidates or election candidates, members of the Election Committee as well as electoral and election officials must not be used for the assistance. The assistance is limited to the fulfilment of the wishes of the voters or the voter to vote; the person of trust may seek the election cell together with the voters or the voters. She is obliged to maintain secrecy of knowledge who has attained his assistance to vote. Sentences 1 to 4 shall apply mutatis mutandis for voters who cannot read.
(5) upon completion of the voting, the ballot box is sealed when the vote count is performed immediately after the election. The same applies if the voting is interrupted, in particular if it is done on several days.
Article 13 public votes the election Board does the counting of the votes publicly immediately after the election and announces the election results due to the counting of the resulting.

Article 14 procedures for the counting of the vote (1) after opening the ballot box removes the Election Committee the election envelopes the ballot and counts votes attributable to each proposal list. It is the validity of the ballot.
(2) several marked ballot (§ 11 ABS. 3) are located in an election envelope, so be it, if they fully match, only simply counted, otherwise considered invalid.

§ 15 Council seats on the proposal lists (1) Works Council seats are distributed to the proposal list. To do this, the votes fallen to each proposal list are placed in a series and all divided by 1, 2, 3, 4, etc.. The determined part numbers are successively rows perform under the number of the first row to higher part numbers for the assignment of seats to be distributed do not come more into account.
(2) under the so found part numbers, so many quantitative are singled out and size maps, how to choose Works Council members. Each proposal list with so many member seats allocated, how quota account for. The lowest eligible maximum number accounted for multiple proposal lists at the same time, so the lot decides this seat falls to the suggestion list.
(3) If a proposal list contains fewer applicants or applicants, as quota accounts for them, so the excess member seats on the following quota of the other proposal lists go.
(4) the order of applicants or candidates within the single proposal list is determined by the order of their naming.
(5) not the required minimum number of members of the family located under the quota attributable to the proposal lists in the minority according to § 15 para 2 of the law, so the following is true: 1 the place of the person named on the list with the lowest maximum, which belongs to the sex in the minority, is named after her in the same proposal list in the order in which , unconsolidated person of the sex in the minority.
2. this proposal list contains no person of the sex in the minority, so goes over this seat on the suggestion list with the following, not yet considered maximum, and with members of the family in the minority. The following maximum number accounted for multiple proposal lists at the same time, so the lot decides this seat falls to the suggestion list.
3. the procedure is according to paragraphs 1 and 2 to continue so long, until the minimum share of the seats of the sex in the minority according to § 15 para 2 of the law.
4. in the distribution of the seats of the sex in the minority, only the members of this family in the order of their naming can be recognized on each proposal list.
5. no other suggestion list has members of the sex in the minority, remains the seat when the proposal list, which last had must provide their seat in favor of sex in the minority after number 1.

§ 16 choice transcript (1) is, what workers and workers as Works Council members are elected, the Election Committee in a transcript has to determine: 1 the total number of the electoral envelopes and the number of the valid votes;
2. the numbers of votes fallen to each list;
3. the calculated quota;
4. the distribution of calculated quota on the list;
5. the number of invalid votes;
6. the names of candidates elected in the Works Council and applicants;
7. any specific incidents occurred during the Works Council election or other events.
(2) the minutes is to sign the or the Chairman and at least one other voting member of the selection board.

Article 17 notification of selected (1) the Election Committee shall notify the workers selected as Works Council members and workers immediately in writing of their choice. The selected person within three working days declared the Election Committee after receipt of the notification, that she reject the election, the election shall be deemed adopted.
(2) a selected person rejects the choice, so unelected person takes their place named after her in the same proposal list in order. The selected person is a member of the gender in the minority, so unelected person of the same sex takes their place named after her in the same proposal list in the order, if otherwise the gender minority receives not the minimum seats due to him according to § 15 para 2 of the law. § 15 para 5 shall apply mutatis mutandis No. 2 to 5.

§ 18 notice of selected as soon as the names of the members of the Works Council are final, the Election Committee has known them through two-week posting in the same way as the choice ausschreiben (section 3 para 4). According a transcript of option writing (§ 16) is to send the employers and the trade unions represented in the operation immediately.

§ 19 storage of offing the Works Council has to be kept at least until the end of his term the offing.
Third subsection dialling when just a list (§ 14 para 2 sentence 2 first half-sentence of the Act) section 20 is voting (1) only submitted a valid suggestion list, so can make her or his voice only for such candidates or candidate the voters or voters, that are listed in the list of suggestions.
(2) on the ballot are candidates or applicants, stating the surname, performing name and type of employment in operation in the order in which they are named on the list.
(3) the voters or voters characterized crosses in the place provided for this purpose in the ballot the candidates chosen by him or her or candidate; not more applicants or applicants may be ticked, as Works Council members are to choose. § 11 para 1 sentence 2, para 2 sentence 2 and 3, paragraph 4, sections 12 and 13 shall apply by analogy.

Section 21 removes the Election Committee the election envelopes the ballot counting after opening the ballot box and counts together on each candidate and each candidate allocated votes; Article 14, paragraph 1, sentence 2 and paragraph 2 shall apply mutatis mutandis.

§ 22 determination of selected (1) first be distributed minimum seats due to the gender in the minority (§ 15 para 2 of the law). To the minimum seats due to the gender in the minority are filled with members of this family in the order in which of the highest votes attributable to them.
(2) after the distribution of the minimum seats of sex in the minorities referred to in paragraph 1, the allocation of additional seats is carried out. The other seats are filled with applicants and candidates, irrespective of sex, in the order in which of the highest votes attributable to them.
(3) in the cases of paragraph 1 or 2 for the Works Council seat to be awarded multiple applicants or candidates received the same number of votes, so the lot decides who is elected.
(4) less members of the sex in the minority have turned to the election or are less members of this sex has been elected as according to § 15 para 2 of Act minimum seats available to him, so the extent excess member seats of the sex in the minority when the distribution of seats are set pursuant to paragraph 2 to take into account 2.

Article 23 election transcript, notice (1) is, what workers and workers as Works Council members are elected, the Election Committee has to produce a transcript, except the data according to § 16 para 1 5 to 7 to determine the votes fallen to each candidate and each candidate are no. 1,. § 16 par. 2, article 17, paragraph 1, articles 18 and 19 shall apply mutatis mutandis.
(2) a selected person rejects the choice, the unelected person with the next highest number of votes appears in its place. The selected person is a member of the gender in the minority, so the unelected person of that sex with the next highest number of votes takes their place, if otherwise the gender in the minority would get not the minimum seats due to him according to § 15 para 2 of the law. There are no other members of this sex, votes are accounting for, passes this seat on the unelected person of the opposite sex with the next highest number of votes.
Conditions (1) voters that at the time of the election due to absence of operation prevents are third section written vote section 24, to cast their vote personally, the Election Committee at their request 1 has the choice ausschreiben, 2 the proposal list, 3. emitting the ballots and the election envelope, 4. a preprinted by the voters or the electoral explanation, to the selection board to assure is that the ballots personally has been featured , and 5. a larger envelope, the address of the Election Committee and as sender bears the name and address of the or of the voting and the note "Written vote".
to hand over or send. The Election Committee will give also a fact sheet about the manner in which written voting (section 25) the voters or the voters or send. The Election Committee has to indicate the delivery or sending of the documents in the voters list.
(2) eligible voters, of which the Election Committee is known, that they will be present at the time of the election according to the nature of their employment relationship not expected to be in operation (in particular in the field, or with tele-working employees and work at home employees), receive the documents referred to in paragraph 1, without the need for a desire of the electorate.
(3) for plants and micro-enterprises, which are geographically far away from the main operation, the Election Committee may decide the written vote. Paragraph 2 shall apply mutatis mutandis.

§ 25 voting voting takes place in such a way, that the voters or voters 1 unobserved personally marks the ballot and in the election envelope seals, 2. signs the pre-printed statement, specifying the place and date and 3 the election envelope and the signed preprinted explanation in the envelope seals and in time to the Election Committee submits or passes, that prior to the conclusion of the voting is.
The voters or voters can make in paragraphs 1 to 3 do that under the conditions of § 12 para 4 referred to activities by a person of trust.

Article 26 procedures in voting (1) immediately before the conclusion of the voting opens the Freiumschläge received up to this time the Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. The written vote is properly done (article 25), so the Election Committee puts the election envelope after notice of voting in the voters list unopened in the ballot box.
(2) the Election Committee with a note about the date of the receipt has unopened delayed inbound envelope to take to the ballot papers. The envelopes unopened to destroy if the election has not been challenged, one month after announcement of the election results.
Fourth section election proposals of trade unions § 27 apply sections 6 to 26, according to requirements, procedure (1) for the nomination of a Trade Union represented in the operation (§ 14 para 3 of the Act).
(2) a trade union proposal is invalid if it is not signed by two officers of the Trade Union (§ 14 para 5 of the Act).
(3) or the officer signed on first place is considered representative of lists or list representative. The Union can do so a worker or an employee of the establishment, the or the Member of the Union is, call.
Second part of choice of the Works Council in the simplified selection procedure (section 14a of the law) first section of choice of the Works Council in the two-stage procedure (section 14a para 1 of the Act) first subsection election of the Election Committee section 28 notice of selection meeting (1) to the Assembly, in the Election Committee according to § 17a No. 3 of the Act (section 14a para 1 of the law) is elected, three electors of the operation or a Trade Union represented in the operation can invite (pleasant point) and make proposals for the composition of the Election Committee. The invitation must be at least seven days prior to the date of the election meeting. She is known to make by posting them at appropriate points in the operating. In addition can I published the invitation using the information existing in the operation of and communications technology; Section 2, paragraph 4, sentence 4 shall apply mutatis mutandis. The invitation must contain the following information: a) place, day and time of the Assembly for the election of the Election Committee;
(b) that nominations can be made to the election of the Council until the end of the Assembly for the election of the Election Committee (§ 14a para 2 of the law);
(c) that nominations of workers and employees to the choice of the Works Council at least by a twentieth of the voters, but at least of three eligible voters must be signed; in companies with usually twenty voters enough signed by two qualified voters;
(d) that require election proposals to the selection of the Works Council, which can only be made in the Assembly for the election of the Election Committee, not the writing.
(2) the employer shall immediately after posting the notice of selection meeting pursuant to paragraph 1 of the inviting place to hand over all for the preparation of the voters list required documents (section 2) in a sealed envelope.

§ 29 election of the Election Committee the election Board is elected to the election of the Election Committee of the majority of present workers and workers in the Assembly (§ 17a No. 3 sentence 1 of the law). It consists of three members (§ 17a No. 2 of the Act). Set applies to the choice of or of the Chairman of the Election Committee 1.
Second subsection of choice of the Works Council of section 30 Election Committee, voters list (1) immediately after his election has the Election Committee in the Assembly for the election of the Election Committee to guide the choice of the Works Council. paragraph 1 shall apply mutatis mutandis. He has a list of electors (voters list) immediately in the papal conclave, separated according to gender, to set up. The welcoming place has the Election Committee to pass her according to § 28 para 2 issued sealed envelope. The voters should be listed in the list of voters with family name, first name and date of birth in alphabetical order. § 2 para 1 sentence 3, para 2-4 shall apply mutatis mutandis.
(2) appeals against the accuracy of the voters list may be lodged in writing with efficacy for the Works Council election just before the end of three days since adoption of the election ausschreibens the election Board. § 4 paragraph 2 and 3 shall apply mutatis mutandis.

Article 31 election ausschreiben (1) following the establishment of the list of voters of the Election Committee in the election meeting shall adopt the election ausschreiben that is to sign the or the Chairman and at least one other voting member of the selection board. With enactment of the election ausschreibens, the Works Council election is initiated. The choice ausschreiben must contain the following information: 1. the date of its adoption;
2. the determination of the place where the voters list and this regulation are available as well as in the case of publication in electronic form (§ 2 para 4 sentence 3 and 4) where and how of the voters list and regulation knowledge can be taken;
3. that only workers and workers can choose or be chosen, which are registered in the voters list, and that appeals against the voter list (§ 4) just before the end of the three days since the adoption of the election ausschreibens; in writing inserted in the Election Committee the last day of the period shall be indicated;
4. the proportion of the sexes and the note that the sex in the majority of the Works Council at least according to its numerical ratio must be represented if the Works Council is composed of at least three members (§ 15 para 2 of the law);
5. the number of members of the Works Council to be elected (article 9 of the law), as well as minimum attributable to gender in the minority seats in the Works Council (§ 15 para 2 of the law);
6. the minimum number of voters, of whom signed a proposal must be (§ 14 para 4 of the Act) and the note need election proposals, which are only made in the papal conclave to the election of the Election Committee, not the written form (§ 14a para 2 second half-sentence of the Act);
7. that the nomination of a Trade Union represented in the operation of two officers must be signed (§ 14 para 5 of the Act);
8. that election proposals to submit are to complete the Assembly for the election of the Election Committee at this (§ 14a para 2 first half-sentence of the Act);
9. that the voting on the election proposals is bound and that only such nominations shall be considered, (No. 8) are filed on time;
10. the determination of the place where the election proposals hang out up to the end of voting;
11th place, day and time of the Assembly for the election of the operating Council (day of voting - § 14a para 1 sentence 3 and 4 of the Act);
12. that voters who can not participate in the papal conclave to the election of the Council, shall be given opportunity to subsequent written vote (§ 14a para 4 of the Act); the demand on subsequent written vote must be communicated prior to the day of the papal conclave to the election of the Council no later than three days the Election Committee;
13. place, date and time of the subsequent written voting (section 14a para 4 of the Act), as well as the plants and micro-enterprises, is decided for the subsequent written vote according to § 24 para 3;
14. the place where appeals, election proposals and other declarations to the selection board to make are (operating address of the Election Committee);
15. place, date and time of the public votes.
(2) an imprint of choice ausschreibens is unhooked from the day of its adoption up to the last day of voting on one or several suitable, the electors to reach places by the Election Committee and in legible condition. In addition, the election ausschreiben by means of information existing in the operation of and communications technology can be made known. Section 2, paragraph 4, sentence 4 shall apply mutatis mutandis.

§ 32 determination of minimum seats for the sex in the minority
The Works Council to be selected consists of at least three members of the Election Committee has to calculate the minimum share of Council seats for the sex in the minority (§ 15 para 2 of the law) in accordance with § 5.

Article 33 election proposals (1) the choice of the Works Council is due to election proposals. The election proposals are submitted by the voters and the trade unions represented in the operation until the end of the Assembly for the election of the Election Committee at this. Election proposals, which are only made in this Assembly must be in not writing (§ 14a para 2 of the law).
(2) § 6 para 2-4 applies to election proposals accordingly. § 6 para 5 shall apply mutatis mutandis with the proviso that a voter who supported several election proposals, must explain to prompt the Election Committee in the election meeting, what kind of support he maintains. Section 27 shall apply accordingly for the nomination of a Trade Union represented in the operation.
(3) § 7 shall apply mutatis mutandis. § 8 shall apply mutatis mutandis with the proviso that defects of the election proposals can be eliminated according to § 8 para 2 only in the Assembly for the election of the Election Committee.
(4) immediately after the election meeting the Election Committee announced the election proposals that are accepted as valid up to the end of voting in the same way to make like the choice ausschreiben (§ 31 para 2).
(5) no election proposal made in the Assembly to the choice of the Works Council, the Election Committee has been known to make, that the election will not take place. The announcement has to be made in the same way as the choice ausschreiben (§ 31 para 2).

§ 34 voting procedures (1) voters or voters his or her only for such candidates or candidate vote, who are named in a proposal. On the ballot are candidates or applicants in alphabetical order, stating the surname, performing first name and type of employment in operation. The voters or the voter marks the selected by ticking in the place provided for this purpose in the ballot; not more applicants or applicants may be ticked, as Works Council members are to choose. § 11 para 1 sentence 2, para 2 sentence 2 and 3, para. 4 and § 12 shall apply by analogy.
(2) in the case of subsequent written voting (article 35), the Election Committee has at the end of the Assembly for the election of the operating Council to seal the ballot box and to be kept.
(3) the Election Committee has no subsequent written voting takes place immediately after the election to make the public counting of the votes and to announce the election results resulting. The § 21, 23 paragraph 1 shall apply accordingly §.
(4) only one member of the Works Council is to choose, so the person is selected, which won the most votes. Vote, the lot decides. A selected person rejects the choice, so the unelected person with the next highest number of votes shall take their place.
(5) several members of the Works Council are to choose, sections 22 and 23 shall apply for determining the selected paragraph 2 according to.

§ 35 subsequent written vote (1) voters can not participate in the papal conclave to the election of the Council, for their vote personally to give, can they request subsequent written voting at the Election Committee (§ 14a para 4 of the Act). The request on subsequent written vote must have communicated no later than three days which or the voters the Election Committee prior to the day of the papal conclave to the election of the Council. The § § 24, 25 apply accordingly.
(2) is known the subsequent written vote following an application referred to in paragraph 1 set 1 required, the Election Committee, specifying the location, this has the day and the time of the public votes in the same way as the choice ausschreiben (§ 31 para 2).
(3) immediately after expiry of the period for the subsequent written vote opens the Freiumschläge received up to this time the Electoral Committee in public session and takes them the election envelopes, as well as the printed statements. The subsequent written vote is properly done (article 25), the Election Committee sets the election envelope after notice of voting the voters list in the ballot box sealed until then.
(4) after all properly subsequently given election envelopes in the ballot box have been laid, the Election Committee does the counting of the votes. § 34 paragraph 3 to 5 shall apply mutatis mutandis.
Second section selection of the Works Council in the one-step procedure (section 14a para 3 of the Act) § 36 Election Committee, electoral procedure (1) according to the order of the selection board by the Electoral Committee has the Works Council, Works Council, group works Council or the Labour Court (§ 14a para 3, § 17a of the Act) to initiate without delay the choice of the Works Council. The choice of the Works Council is on an election meeting place (§ 14a para 3 of the Act). Paragraph 2 shall apply paragraphs 1, 2 and 30.
(2) in connection to the preparation of the voters list, the Electoral Committee shall adopt the choice ausschreiben, which is the or the Chairman and at least one other voting member of the selection board to sign. With enactment of the election ausschreibens, the Works Council election is initiated. A Works Council, is in operation the last day of voting (subsequent written vote) should be a week before the date, expires when the term of Office of the Council.
(3) the election ausschreiben has to contain prescribed information, unless otherwise determined below in section 31, subsection 1, sentence 3: 1 by way of derogation from number 6 only the minimum number of eligible voters is to specify, by which a nomination must be signed (§ 14 para 4 of the Act).
2. by way of derogation from number 8, the Election Committee has to indicate that the election proposals to be submitted no later than one week prior to the day of the election meeting of the Works Council at the Election Committee election are (§ 14a para 3 sentence 2 of the Act); the last day of the period is to give.
§ 31 para 2 applies to the notice of the election ausschreibens accordingly.
(4) the rules on the determination of the minimum seats according to § 32, the election procedure according to § 34 and subsequent voting according to section 35 shall apply mutatis mutandis.
(5) for election proposals is article 33, paragraph 1 according to with the proviso that the nominations of the voters and the trade unions represented in the operation be submitted in writing at the latest one week before the election meeting of the Works Council at the Election Committee election are (§ 14a para 3 sentence 2 second half-sentence of the Act). § 6 section 2 to 5 and the paragraphs 7 and 8 shall apply mutatis mutandis with the proviso that in periods referred to in article 6, par. 5 and § 8 para 2 not the statutory minimum deadline for submission of nominations according to § 14a para 3 sentence 2 first half-sentence of the law may exceed that. After the end of the minimum period to submit election proposals, the Election Committee has to make known until the completion of voting in the same way as the choice ausschreiben (paragraph 3) the nominations recognized as valid.
(6) no proposal has been made to the choice of the Works Council, the Election Committee has been known to make, that the election will not take place. The announcement has to be made in the same way as the choice ausschreiben (paragraph 3).
Third section election of Council of operations in plants usually 51 to 100 electors (§ 14a para 5 of the Act) § 37 voting procedures have employers and Election Committee in an operation with usually 51 to 100 voters the choice of the Works Council in the simplified selection procedure agreed (section 14a para 5 of the Act), varies according to § 36. third part election of the youth and trainee representative section 38 Election Committee the election procedure , Dialing the provisions of sections 1 to 5 of the Electoral Committee, the voters list, the electoral ausschreiben and the determination of the minimum seats shall apply for the choice of the youth and trainee representative for the sex in the minority. At least one person selectable according to § 8 of the Act must belong to the Election Committee.

Holding of elections (1) section 39 more than three youth and trainee representative members are to be selected, the selected on the basis of proposal lists. Section 6, subsection 1, sentence 2, para 2 and 4 to 7, paragraphs 7 to 10 and section 27 shall apply mutatis mutandis. § 6 para 3 shall apply mutatis mutandis with the proviso that each proposal list list is also the training of individual applicants or applicants.
(2) multiple valid proposal lists are submitted, the voice only for a list of suggestions can be given. Section 11, subsection 1, sentence 2, par. 3 and 4, articles 12 to 19 shall apply mutatis mutandis. Article 11, paragraph 2 shall apply mutatis mutandis with the proviso that the occupation of the individual applicants or applicants perform is on the ballot.
(3) only a valid suggestion list is submitted, so the voice only for such applicants or applicants can be delivered, which are listed in the list of suggestions. Paragraph 3, sections 21 to 23 shall apply accordingly § 20. Article 20, paragraph 2 shall apply mutatis mutandis with the proviso that the occupation of the individual candidate list is on the ballot.
(4) for the written vote apply sections 24 to 26, according to.

§ 40 choice of youth and apprentice representation in the simplified selection procedure
(1) in companies with usually five to fifty of workers referred to in article 60 (1) of the Act and workers, the youth and apprentice representation in the simplified selection procedure is selected (§ 63 para 4 sentence 1 of the law). Section 36 applies subject to the proviso that in the proposals and on the ballot list is also the training of individual applicants or applicants for the electoral process. § 38 clause 2 shall apply mutatis mutandis.
(2) paragraph 1 sentences 2 and 3 shall apply accordingly if in a business typically 51 to 100 of workers referred to in article 60 (1) of the Act and workers employers and Election Committee have agreed on the application of the simplified procedure of choice (§ 63 para 5 of the Act).
Part four transitional and final provisions section 41 apply calculation of time limits for the calculation of the time limits laid down in this regulation the appropriate sections 186 to 193 of the civil code.

Section 42 area the maritime sector which remains regulation of elections for Board representation and the Lake operating Board (§§ 115 and 116 of the Act) reserved a special legal regulation.

Article 43 entry into force (1) this regulation enters into force on the day after the announcement.
(2) (dropped out) closing formula, in the Federal Council has approved.