First Regulation on the Implementation of the Works Constitution Act (electoral regulations-WO)

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

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First Regulation on the Implementation of the Works Constitution Act (electoral regulations-WO)

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BetrVGDV1WO

Date of completion: 11.12.2001

Full quote:

" First Regulation implementing the Works Constitution Act (Electoral Regulations-WO) of 11 December 2001 (BGBl. 3494), as defined by Article 2 of the Regulation of 23 June 2004 (BGBl). 1393). "

Status: Amended by Art. 2 V v. 23. 6.2004 I 1393

For more details, please refer to the menu under Notes

Footnote

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

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On the basis of § 126 of the Works Constitution Act, as amended by the Notice of 25 September 2001 (BGBl. I p. 2518), the Federal Ministry of Labour and Social Affairs decrees: Unofficial table of contents

Content Summary

§ § §
Part one Election of the works council (§ 14 of the law) 1-27
First section General provisions 1-5
Second section Choice of more than three members of the works council (on the basis of list of proposals) 6-23
First subsection Submission and publication of proposals for proposals 6-10
Second subsection Electoral procedure in the case of a number of lists of proposals (Section 14 (2) sentence 1 of the Act) 11-19
Third Subsection Election procedure with only one proposal list (§ 14 para. 2 sentence 2 first half-sentence of the law) 20-23
Third Section Written vote 24-26
Fourth Section Nominations of the trade unions 27
Part two Election of the works council in the simplified electoral procedure (§ 14a of the Act) 28-37
First section Election of the works council in the two-stage procedure (Section 14a (1) of the Law) 28-35
First subsection Election of the electoral board 28-29
Second subsection Election of the works council 30-35
Second section Election of the works council in the one-step procedure (Section 14a (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
Part Three Choice of youth and trainee representation 38-40
Fourth part Transitional and final provisions 41-43

Part one
Election of the works council (§ 14 of the law)

First section
General provisions

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§ 1 Electoral Council

(1) The management of the election shall be the responsibility of the electoral council. (2) The electoral council may give its own written rules of procedure. (3) The decisions of the electoral board shall be made with a simple majority of the votes cast by the electoral board. (3) voting members. 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. Unofficial table of contents

§ 2 Voter List

(1) The electoral board shall draw up a list of persons entitled to vote (voter list), separately by the sexes, for each choice of works council. The persons entitled to vote are to be listed in alphabetical order with surname, first name and date of birth. The voters are not entitled to vote in the voters 'list according to § 14 (2) sentence 1 of the Employees' Admission Act. (2) The employer has to provide the electoral board with all the information required for the preparation of the voters ' list and to make the necessary documents available. In particular, he has to support the electoral board in determining the persons referred to in Article 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 place 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 information from the notice and provision is made for changes to the notice to be made only by the (5) The electoral board should ensure that foreign workers who are not proficient in the German language prior to the introduction of the works council vote on election procedures, the establishment of the Voter and proposal lists, electoral process and voting in a suitable manner shall be informed. Unofficial table of contents

§ 3 Election

(1) By no later than six weeks before the first day of the vote, the electoral board shall issue 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 term of office shall contain the following information:
1.
the date of its adoption;
2.
the determination of the place where the voters 'list and this regulation are due, and in the case of publication in electronic form (§ 2 para. 4 sentences 3 and 4), where and how it can be noted from the voters' list and the regulation;
3.
that only workers who are entered in the voters 'list can be elected or elected, and that objections to the voters' list (§ 4) have been written in writing only before the expiry of two weeks since the ballot letter has been issued. the right to vote; the last day of the deadline shall be indicated;
4.
the proportion of the sexes and the fact that the sex in the minority in the works council must be represented at least according to its numerical ratio if the works council consists of at least three members (Article 15 (2) of the Law);
5.
the number of members of the works council to be elected (§ 9 of the Act) and the minimum seats in the works council (Section 15 (2) of the Act), which are based on the gender in the minority;
6.
the minimum number of persons entitled to vote, of which an election proposal must be signed (Section 14 (4) of the Act);
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.
if more than three members of the works council are to be elected, nominations must be submitted by more than three members of the works council before the end of two weeks since the ballot letter has been issued to the electoral board in the form of proposals for proposals;
9.
that the vote is tied to the election proposals and that only those nominations may be taken into account in time (No 8);
10.
the determination of the place in which the nominations are made until the vote is concluded;
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));
12.
the place where objections, election proposals and other statements to the electoral board are to be made (the operating address of the electoral board);
13.
Place, day and time of the public vote count.
(3) In so far as it is appropriate for the size, nature or composition of the workforce of the holding, the electoral committee shall draw attention to the fact that, when nominations are drawn up, the individual organisational areas and the individual areas of the holding shall be the various types of employment are to be taken into account. (4) An imprint of the ballot letter shall be printed from the day of its adoption until the last day of the vote in one or more appropriate places accessible to the electorate. To be able to hang out and to be kept 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. Unofficial table of contents

§ 4 objection to the voters ' list

(1) Claims against the correctness of the voters ' list can be filed in writing with effect for the election of the works council only before the expiry of two weeks since the ballot letter has been issued by the electoral board. (2) On objections pursuant to paragraph 1, the The election of the electoral body shall be taken immediately. 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 (3) After the expiry of the opposition period, the electoral board should re-examine the voters ' list for the completeness of the vote. Moreover, after the expiry of the opposition period, the voters ' list may only be used in the event of writing errors, obvious inaccuracies, in the execution of objections filed in good time or at the time of the admission of persons entitled to vote in the establishment or on leaving the The operation shall be corrected or supplemented up to the day before the start of the vote. Unofficial table of contents

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

(1) The electoral council shall determine which gender is in the minority in proportion to its numerical ratio. 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 are to 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 sorted out and ordered according to size, as 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 maximum number for both sexes is not available at the same time, the lot shall decide on the sex of that seat.

Second section
Choice of more than three members of the works council (on the basis of list of proposals)

First subsection
Submission and publication of proposals for proposals

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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 list of proposals. The list of proposals must be submitted by the electorate before the end of two weeks since the vote was issued by the electoral board. (2) Each list of proposals should have at least twice as many applicants, as (3) In each list of proposals, the individual applicants are in a recognizable order, with serial numbers and specifying the surname, first name, date of birth and type of employment in the list of candidates. Operation. The written consent of the candidates for inclusion in the list shall be attached. (4) If no other signatory of the list of proposals is explicitly designated as a list representative, the or the first party shall be the first to be included in the list. Signed as list representative or list representative. This person is entitled and obligated to give the electoral board the explanations required for the removal of complaints, as well as to receive explanations and decisions of the electoral board. (5) The signature of a person entitled to vote is counted 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: (6) A connection between lists of proposals is inadmissible. (7) A candidate can only be proposed on a list of proposals. If the name of the 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. Unofficial table of contents

Section 7 Examination of the list of proposals

(1) The electoral board has to confirm in writing the date of submission of the nomination list or, if the proposal list is submitted in another way, the list representative or the list representative. (2) The If the list is not provided with a password, the nomination list shall designate the nominees 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 the list of proposals,
1.
that have not been submitted within the time limit,
2.
where the applicants are not listed in a recognizable order,
3.
which do not have the required number of signatures (Section 14 (4) of the Law) during the submission of the file. The withdrawal of signatures on a submitted list of proposals does not affect their validity; Section 6 (5) remains unaffected.
(2) Unvalid lists of proposals are also valid,
1.
where the applicants are not referred to in the manner specified in Article 6 (3),
2.
if the written consent of the applicants is not available for inclusion in the list of proposals,
3.
if the list of proposals no longer has the required number of signatures as a result of deletion in accordance with Article 6 (5),
if these deficiencies are not remedied within three working days, despite the complaint. Unofficial table of contents

§ 9 Time limit for proposal lists

(1) If, after the expiry of the period referred to in § 6 (1), no valid list of proposals has been submitted, this shall immediately be notified to the electoral board in the same manner as the election letter and a grace period of one week for the submission of the nomination. of proposal lists. It should be pointed out in the notice that the election can only take place if at least one valid list of proposals is submitted within the period of grace. (2) In spite of the announcement according to paragraph 1, a valid list of proposals will not be made. , the electoral body shall immediately announce that the election does not take place. Unofficial table of contents

Section 10 Announcement of the list of proposals

(1) After the expiry of the time limits specified in § 6 (1), § 8 (2) and § 9 (1), the electoral board determines by lot the order of the order numbers allocated to the submitted proposal lists (list 1, etc.). The list representative or the list representative must be invited in due time for the decision. (2) At the latest one week before the beginning of the vote, the electoral board shall have the list of nominations accepted as valid until the end of the vote in to be known in the same way as the electoral letter (§ 3 para. 4).

Second subsection
Electoral procedure in the case of a number of lists of proposals (Section 14 (2) sentence 1 of the Act)

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Section 11 Voting

(1) The voter or voter may cast her or her vote only for one of the accepted lists of proposals which are accepted as valid. 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 the two in the first place to list the names of names, first names and types of employment in the company, as well as the names of the names of the 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 shall apply to the election envelopes. (3) The voter or voter shall mark the list of nominations chosen by her or him by crossing at the place provided for this purpose in the ballot. (4) ballot papers with a special feature , or from which the will of the voter or of the voter does not appear to be unquestionable, or which contain information other than the list of proposals referred to in paragraph 1, an addition or any other changes, shall be invalid. Unofficial table of contents

§ 12 Electoral procedure

(1) The electoral council shall take appropriate measures for the unobased designation of the ballot papers in the electoral area and shall ensure the provision of a ballot box or a number of ballot boxes. The ballot box must be closed by the electoral body and be set up in such a way that the votes cast cannot be taken out without opening the ballot box. (2) At least two voting rights must always be valid during the election. Members of the electoral board shall be present in the electoral area; if election assistants are appointed (Section 1 (2)), the presence of a voting member of the electoral board and of an election worker shall suffice. (3) The Voter or voter shall give her or her name and raise the election envelope in which the (4) Those who, as a result of his or her disability, are affected by the vote, may determine a person of his or her confidence in the ballot box. (4) The voting list shall be held in the ballot box. To assist the vote, and inform the electoral head. 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 shall apply mutatily to the reading of unblemished voters. (5) After the vote has been completed, 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. Unofficial table of contents

Section 13 Public counting of votes

Immediately after the end of the election, the electoral head shall publicly take the count of the votes and shall announce the result of the election resulting from the counting. Unofficial table of contents

Section 14 Procedure in the counting of votes

(1) After the ballot box has been opened, the ballot board shall take the ballot papers from the ballot papers and shall include the votes cast on each proposal list. In this case, the validity of the ballot papers must be examined. (2) In the event of a ballot, a number of marked ballots (§ 11 para. 3) are to be found, if they are completely identical, they shall be counted simply, otherwise they shall be deemed invalid. Unofficial table of contents

§ 15 Distribution of works council seats on the proposal lists

(1) The works council seats shall be distributed on the list of proposals. 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 are to 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 sorted out and ordered according to size, as 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 number eligible for a list of proposals is not included in the list, the lot shall be decided on the list of proposals for which this seat is to be made. (3) If a list of proposals contains fewer applicants than If the maximum number of members is to be omitted, the excess member seats shall be allocated to the following maximum numbers of the other list of proposals. (4) The order of the candidates within the individual list of nominations shall be determined by the order in which they were appointed. (5) It is found in the In the case of the maximum number of members of the minority in the minority according to Article 15 (2) of the law, the following shall apply:
1.
In place of the person who is on the list of proposals with the lowest maximum number and who does not belong to the sex in the minority, the person who has not been named in the same proposal list shall appear in the order in which it has been named, of the person who has not been taken into account. Gender in the minority.
2.
If the list of proposals does not include a person of sex in the minority, that seat shall cover the list of proposals with the following maximum number, not yet taken into account, and with members of the minority in the minority. If the following maximum number is not applicable to a number of lists of proposals at the same time, the lot shall be decided on the list of proposals to which this seat is to be submitted.
3.
The procedure referred to in points 1 and 2 shall be continued until the minimum proportion of the seats of sex in the minority is reached in accordance with Article 15 (2) of the Act.
4.
In the case of the distribution of the seats of the sex in the minority, only the members of the same sex shall be taken into account in the order in which they are appointed on the individual lists of proposals.
5.
If there is no other list of proposals on sex members in the minority, the seat remains on the list of proposals, which should have been the last seat in favour of sex in the minority in accordance with point 1.
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Section 16 Election

(1) After the determination of which employees are elected as members of the works council, the electoral board has to establish in a minutes:
1.
the total number of electoral envelopes delivered and the number of valid votes cast;
2.
the number of votes allocated to each list;
3.
the calculated maximum figures;
4.
the distribution of the maximum calculated figures on the lists;
5.
the number of invalid votes;
6.
the names of the candidates elected to the works council;
7.
where appropriate, special incidents or other events which have occurred during the election of the works council.
(2) The minutes shall be signed by the chairman or the chairman and by at least one other voting member of the electoral board. Unofficial table of contents

§ 17 Notification of the elected

(1) The electoral board shall immediately notify the employees elected as members of the works council 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 is to elect the election, the person in question shall be replaced by the same person in the same choice as the person elected. List of proposals in the order according to their named, unelected person. 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. Unofficial table of contents

Section 18 Announcement of the elected

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

Section 19 Storage of the Wahlaked

The works council shall keep the electoral markets at least until the end of its term of office.

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

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Section 20 Voting

(1) If only a valid list of proposals has been submitted, the voters may only cast their votes in favour of those candidates who are listed in the list of proposals. (2) The ballot papers shall include the following: To list applicants with the surname, first name and type of employment in the company in the order in which they are named on the list of proposals. (3) The voter or voter identifies the person or the voter who is the person who is selected applicants by crossing at the relevant voting list Position; no more applicants are allowed to be selected as members of the works council. Section 11 (1) sentence 2, subsection 2 sentence 2 and 3, para. 4, § § 12 and 13 shall apply accordingly. Unofficial table of contents

Section 21 Voting counting

After the ballot box has been opened, the ballot box shall take the ballot papers from the ballot papers and count the votes cast on each applicant and every applicant; the second sentence of section 14 (1) and (2) shall apply accordingly. Unofficial table of contents

Section 22 Determination of the elected

(1) First of all, the minimum number of seats in the minority (Article 15 (2) of the Law) shall be distributed. 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 in each case. (2) After the distribution of the minimum seats of sex in the minority referred to in paragraph 1 shall be allocated the distribution of the additional seats. The additional seats shall be filled with candidates, irrespective of their sex, in the order of the highest number of votes in each case. (3) In the cases referred to in paragraph 1 or 2, have to be awarded for the last number of votes. If several applicants receive the same number of votes, the lot will decide who is elected. (4) If fewer members of the gender in the minority have been elected or are less members of the company, the number of members of the group will be determined by the number of candidates. of this sex, as defined in § 15 para. 2 of the Law Minimum seats, the extent to which the number of members of the sex in the minority shall be taken into account in the distribution of seats in accordance with the second sentence of paragraph 2. Unofficial table of contents

Section 23 Election, Notice

(1) After it has been determined which employees are elected as members of the works council, the electoral board shall draw up a copy in which, in addition to the information provided for in Article 16 (1) (1), (5) to (7), each applicant shall be entitled to: Applicants must be able to determine the number of votes. § 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 the same sex, the votes shall be taken to the unelected person of the opposite sex with the next highest number of votes.

Third Section
Written vote

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Section 24 Conditions

(1) Electoral persons who, at the time of the election, are prevented from holding their votes due to absence from the holding, shall have the right to vote at their request.
1.
the electoral letter,
2.
the list of proposals;
3.
the ballot paper and the ballot,
4.
a pre-printed statement to be issued by the voter or voter, in which the ballot is to be insured against the electoral body, and that the ballot paper has been marked in person, and
5.
a major clearance which bears the address of the electoral board and, as the sender, the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote";
to be handed out or sent over. 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 record the handing over or the submission of the documents in the voters ' list. (2) Voters who are known to the electoral board at the time of election according to the specific nature of their employment relationship , the documents referred to in paragraph 1 shall be given the documents referred to in paragraph 1, in particular in the field of external service or teleworking, without the presence of the persons entitled to vote, and shall not be present in the holding (in particular in the field of external service or teleworking or (3) For operating parts and micro-enterprises, which are located at a distance from the main holding , the electoral management body may decide to vote in writing. Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 25 Voting

The vote is taken in such a way that the voters or the voters
1.
the ballot paper is marked in person and closed in the ballot box,
2.
sign the pre-printed declaration, stating the place and date, and
3.
shall close the envelope and the signed pre-printed statement in the open-air envelope and send it to the electoral management body in good time, or shall pass it in time for the ballot box to be available before the vote is completed.
The voter or voter may, under the conditions laid down in Article 12 (4), allow the activities referred to in points 1 to 3 to be carried out by a person of confidence. Unofficial table of contents

Section 26 Procedure in the vote

(1) Immediately before the vote is concluded, the electoral board shall open the free-envelopes received up to that date in the public sitting and take out the envelopes as well as the pre-printed declarations. If the written vote is duly carried out (section 25), the electoral board unopened the ballot in the ballot box after endorsement of the vote in the electoral roll. (2) Late envelopes are delayed by the electoral board 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 result of the vote if the election has not been contested.

Fourth Section
Nominations of the trade unions

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Section 27 Conditions, procedure

(1) For the election proposal of a union represented in the holding (Section 14 (3) of the Law), § § 6 to 26 apply accordingly. (2) The election proposal of a union is invalid if it is not signed by two representatives of the union (3) The person or agent who has been signed in the first place shall be deemed to be a list representative or a list representative. The union may appoint a worker for this purpose or a worker of the establishment who is a member of the union.

Part two
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 Law)

First subsection
Election of the electoral board

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§ 28 Invitation to the Electoral Assembly

(1) To the 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 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 information:
a)
the place, day and time of the election meeting for election of the electoral board;
b)
that nominations for election of the works council by the end of the election meeting can be made for election of the electoral board (Section 14a (2) of the Law);
c)
the election proposals of workers must be signed for election of the works council at least by one-twentieth of the electorate, but at least three persons entitled to vote; in establishments with up to twenty Persons entitled to vote shall have the signature of two persons entitled to vote;
d)
Election proposals for the election of the works council, which are only made at the election meeting to elect the electoral board, do not require the written form.
(2) The employer shall immediately, in accordance with paragraph 1 of the invitation to the election meeting, hand out all the documents required for the preparation of the voter list (§ 2) in a sealed envelope. Unofficial table of contents

Section 29 Election of the electoral board

The electoral board is elected by the majority of the employees present in the election meeting for the election of the electoral board (§ 17a No. 3 sentence 1 of the law). It consists of three members (Section 17a No. 2 of the Law). In the case of the election of the Chairman of the electoral board, the first sentence shall apply mutatily.

Second subsection
Election of the works council

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§ 30 Electoral board, voters ' list

(1) Immediately after his election, the electoral board in the election meeting has the election of the electoral board to initiate the election of 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 authority. The electorate should be listed in alphabetical order in the voters ' list with surname, first name and date of birth. § 2 para. 1 sentence 3, para. 2 to 4 applies accordingly. (2) Claims against the correctness of the voters ' list can be filed in writing with effect for the works council election only before the expiry of three days since the election of the ballot letter at the electoral board . § 4 (2) and (3) shall apply accordingly. Unofficial table of contents

Section 31 Election

(1) Following the list of voters ' lists, the electoral board shall issue a letter of election in the election assembly to be signed by the chairman or the chairman and by at least one other voting member of the electoral board. is. With the adoption of the ballot letter, the election of the works council is initiated. The following information shall be included in the letter of election:
1.
the date of its adoption;
2.
the determination of the place where the voters 'list and this regulation are located and, in the case of publication in electronic form (§ 2 para. 4 sentences 3 and 4), where and how it can be noted from the voters' list and the regulation;
3.
that only workers who are entered in the voters 'list can be elected or elected, and that objections to the voters' list (§ 4) have been written in writing only before the expiry of three days from the date of the issuing of the ballot letter; the right to vote; the last day of the deadline shall be indicated;
4.
the proportion of the sexes and the fact that the sex in the minority in the works council must be represented at least according to its numerical ratio if the works council consists of at least three members (Article 15 (2) of the Law);
5.
the number of members of the works council to be elected (§ 9 of the Act) and the minimum seats in the works council (Section 15 (2) of the Act), which are based on the gender in the minority;
6.
the minimum number of persons entitled to vote, of which an election proposal must be signed (Section 14 (4) of the Act) and the indication that nominations for election which are made only in the election meeting to elect the electoral board shall not be the written form (§ 14a (2) second half-sentence of the Act);
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 must be submitted to the election of the electoral board until the election meeting is concluded (section 14a (2), first half-sentence of the law);
9.
that the vote is tied to the election proposals and that only those nominations may be taken into account in time (No 8);
10.
the determination of the place in which the nominations are made until the vote is concluded;
11.
The place, day and time of the election meeting for election of the works council (voting day-§ 14a (1) sentences 3 and 4 of the law);
12.
that persons entitled to vote who are unable to participate in the election meeting for election of the works council are given the opportunity to vote in a written form (Section 14a (4) of the Law); the request for a subsequent written vote Voting must be communicated to the electoral board at the latest three days before the date of the election meeting for the election of the works council;
13.
The place, day and time of the 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) of the Act is decided;
14.
the place where objections, election proposals and other statements to the electoral board are to be made (the operating address of the electoral board);
15.
Place, day and time of the public vote count.
(2) An imprint of the ballot letter shall be suspended by the electoral authority from 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. Unofficial table of contents

Section 32 Determination of the minimum seats for the sex in the minority

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

Section 33 Electoral proposals

(1) The election of the works council shall take place on the basis of election proposals. Nominations shall be submitted by the persons entitled to vote and the trade unions represented on the holding until the end of the election meeting for the election of the electoral board. Nominations, which are only made in this election meeting, 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. § 27 shall apply mutas to the nomination of a trade union represented on the holding. (3) § 7 shall apply accordingly. § 8 shall apply in accordance 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 election meeting has been concluded, the electoral board has the status as valid. (5) If no nomination for election of the works council has been proposed in the election meeting, the electoral board shall have the right to vote in the election board. to make it known that the election does not take place. The notice has to be made in the same way as the Election Letter (Section 31 (2)). Unofficial table of contents

Section 34 Electoral procedures

(1) The voter or voter may cast her or her vote only for those candidates who are nominated 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 case of a subsequent written vote (§ 35), the electoral board at the end of the election meeting to elect the works council shall seal the ballot box and (3) In the absence of a subsequent written vote, the Electoral Council shall immediately, after the conclusion of the election, make the public counting of the votes and announce the resulting election result. § § 21, 23 (1) apply accordingly. (4) If only one member of the works council is to be elected, the person who has received the most votes is elected. In the event of a tie, the lot shall decide. If an elected person rejects the election, the person who is not elected shall replace the elected 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 persons shall apply mutadentically to § § 22 and 23 (2). Unofficial table of contents

Section 35 Nightful written vote

(1) If persons entitled to vote in the election meeting do not participate in the election of the works council in order to cast their votes in person, they may apply to the electoral board for the subsequent written vote (Section 14a (4) of the Act). 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. (2) If the subsequent written vote is required on the basis of an application pursuant to the first sentence of paragraph 1, the voting authority shall have this in stating the location, the day and the time of the public vote count in (3) Immediately after the expiry of the period for the subsequent written vote, the Board of Electoral Board, in a public meeting, shall open up to this date the election of the election to the Free envelopes and the envelopes, as well as the pre-printed declarations. If the subsequent written vote is properly carried out (§ 25), the electoral board shall submit the ballot to the ballot box sealed up to that point in the voters ' list after endorsement of the vote. (4) After all, all duly retrospected. , the electoral body shall accept the counting of the votes cast. Section 34 (3) to (5) shall apply accordingly.

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

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§ 36 Electoral Council, electoral procedure

(1) Following the appointment of the electoral board by the works council, the General Works Council, the Group Works Council or the Labour Court (Section 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 issued by the chairman or the chairman and by at least one other voting member of the The election board is to be signed. 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) shall be one week before the day of the term of office of the works council. (3) The term of office of the ballot letter shall be the one in § 31 para. 1 sentence 3 shall be included, 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 Act).
2.
By way of derogation from point 8, the electoral board shall state that the election proposals must be submitted to the electoral board at the latest one week before the date of the election meeting for election of the works council (section 14a (3) sentence 2 of the law); the last day of the election The deadline shall be indicated.
Section 31 (2) shall apply for the publication of the ballot letter. (4) The provisions relating to the determination of the minimum seats in accordance with § 32, the electoral procedure pursuant to § 34 and the subsequent ballot pursuant to § 35 shall apply accordingly. (5) For Nominations shall apply in accordance with Section 33 (1), with the proviso that the nominations shall be made by the persons entitled to vote and the trade unions represented on the holding at the latest one week before the election meeting at the election board of 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 exceeded. 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 electoral proposal has been made for the election of the works council, the electoral board has announced that the election will not take place. The contract notice shall 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 Law)

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Section 37 Electoral procedures

If the employer and the electoral board have agreed to the election of the works council in the simplified electoral procedure in an establishment with as a rule 51 to 100 persons entitled to vote (Section 14a (5) of the Act), the electoral procedure shall be governed by § 36.

Part Three
Choice of youth and trainee representation

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§ 38 Electoral Council, electoral preparation

The rules 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 are applicable to the choice of the youth and trainee representation. At least one person who can be elected according to § 8 of the law must be a member of the electoral body. Unofficial table of contents

Section 39 Implementation of the election

(1) If more than three members are to be elected to the youth and trainee representation, the election shall be made on the basis of list of proposals. § 6 para. 1 sentence 2, para. 2 and 4 to 7, § § 7 to 10 and § 27 shall apply accordingly. Section 6 (3) shall apply in accordance with the proviso that the 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 used for one of the following: List of proposals shall be made. § 11 para. 1 sentence 2, para. 3 and 4, § § 12 to 19 apply accordingly. Section 11 (2) shall apply in accordance with the proviso that the ballot papers shall also be listed on the ballot papers of the individual applicants. (3) If only a valid list of proposals has been submitted, the vote may only be used for such a list. Applicants who are listed in the proposal list shall be submitted. § 20 (3), § § 21 to 23 shall apply accordingly. Section 20 (2) shall apply in accordance with the proviso that the training occupation of the individual applicants must also be listed on the ballot papers. (4) In the case of the written vote, § § 24 to 26 shall apply accordingly. Unofficial table of contents

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

(1) In establishments with as a rule five 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. The second sentence of paragraph 38 shall apply. (2) Paragraph 1, second sentence, sentence 2 and 3 shall apply accordingly if, in an establishment with a rule 51 to 100 of the employees referred to in § 60 (1) of the Act, the employer and the electoral board have the application of the simplified electoral procedure (Section 63 (5) of the Act).

Fourth part
Transitional and final provisions

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Section 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. Unofficial table of contents

Section 42 Section of the Maritime Transport

The regulation of the elections for the on-board representation and the Maritime Works Council (§ § 115 and 116 of the Act) is reserved for a special legal regulation. Unofficial table of contents

Section 43 Entry into force

(1) This Regulation shall enter into force on the day after the date of delivery. (2) (omitted) Unofficial table of contents

Final formula

The Federal Council has agreed.