Law on the staff of the Federal Agency for Foreign Trade (BfAI-Personalgesetz-BfAIPG)

Unofficial table of contents

BfAIPG

Date of completion: 08.12.2008

Full quote:

" BfAI Staff Act of 8 December 2008 (BGBl. I p. 2370) "

Footnote

(+ + + Text evidence from: 1.1.2009 + + +) 

  

Unofficial table of contents

§ 1 Assignment of staff

From 1 January 2009, civil servants, civil servants and employees of the Federal Agency for Foreign Trade will be at the Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Export Control). In the case of the trainees at the Federal Agency for Foreign Trade, the first sentence applies accordingly. Unofficial table of contents

§ 2 Allocation of activities

(1) Officials, employees and employees within the meaning of the first sentence of § 1 shall be assigned to activities of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH from 1 January 2009. In the case of the trainees at the Federal Employment Agency, the first sentence shall apply. (2) The allocation referred to in paragraph 1 shall be without prejudice to the existing service and employment relationships with the Confederation. (3) Becing a worker or a worker for the purposes of paragraph 1, on 1 January 2009, activities assigned to a lower remuneration group shall be grouped in accordance with their previous activities. To the extent that it is also appropriate in connection with the allocation, the Federal Ministry of Economics and Technology may, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Finance, supplement-and- (4) The law on the transfer of workers shall not be applied to the allocation of activities referred to in paragraph 1. Unofficial table of contents

Section 3 Decision-making and authority

In relation to the employees referred to in § 2 (1), the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH has decision-making and authority powers, insofar as the exercise or activity in the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH it requires. The management and the named employees of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH shall exercise the powers of superiors to this extent. The power of service pursuant to Section 3 (2) sentence 1 of the Federal Civil Service Act (Bundesbeamtengesetz) is the President of the Federal Office of Economics and Export Control. Further details of the exercise of the decision-making and instructions are contractually agreed between the Federal Office for Economic Affairs and Export Control and the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH. rules. Unofficial table of contents

§ 4 Applicability of the Federal Personalization Act

The employees referred to in § 2 (1) shall be deemed to be employees of the Federal Office for Economic Affairs and Export Control as employees of the Federal Office for Personnel Representation; they shall be active and entitled to vote in a passively random manner. Section 13 (2) sentence 4 of the Federal Personalization Act is not to be applied. Unofficial table of contents

§ 5 Application of labour law provisions

(1) The employees referred to in Article 2 (1) shall apply to the application of the provisions relating to the representation of employees in the Supervisory Board as well as to the application of the Works Constitution Act and the Speaker's Committee Act. as employees of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH (Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH) and are active as such and are entitled to vote in a passive way. (2) Apply for the application of the provisions referred to in paragraph 1 Civil servants working in the function of senior staff, as Senior employees of Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH within the meaning of Section 5 (3) of the Works Constitution Act. (3) Has the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH obligations under the regulations on the representation of employees on the Supervisory Board, in accordance with the Works Constitution Act and the Speaker's Committee Act as well as the regulations on the Disability representation and therefore cannot fulfill it because it does not include dienstherrin and Employers in the employees referred to in Article 2 (1) shall meet these obligations by the Federal Office for Economic Affairs and Export Control. Unofficial table of contents

§ 6 Personnel representation and business constitutional powers

(1) The Staff Council of the Federal Office for Economic Affairs and Export Control is responsible for the personnel matters of the employees referred to in § 2 para. 1 according to the Federal Personnel Representation Act, via which the Federal Office for Economic Affairs and (2) In matters in which the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH decides, the rights of participation in accordance with the Works Constitution Act shall be decided by the works council the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Location marketing mbH. Unofficial table of contents

§ 7 severely disabled persons

(1) The Federal Office for Economic Affairs and Export Control (Bundesamt für Wirtschaft und Export Control) is responsible for the severely disabled and disabled persons treated as such, who are employed by the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH in accordance with Article 2 (1). Employers within the meaning of Part 2 of the Ninth Book Social Code. (2) For the application of the provisions concerning the Representation of the Disabled in the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH apply disabled persons and persons with equal treatment, irrespective of their service, or employment relationship with the Federal Government as employees of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH. § 6 shall apply accordingly. Unofficial table of contents

§ 8 Transitional arrangements

(1) The works council formed at the Germany Trade and Invest Gesellschaft für Außenwirtschaft und Standortmarketing mbH shall be the members of the staff council of the Federal Employment Agency, which is in existence on 31 December 2008, from 1 January 2009. External economy, which belong to the employees within the meaning of section 2 (1). The extended works council elects from its centre a chairperson or a chairperson and a deputy, or a deputy, of which in each case one or one to the employees within the meaning of section 2 (1) and to the employees and employees of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH. (2) The extended works council referred to in paragraph 1 shall immediately appoint the electoral board in order to initiate the election to the works council. His term of office ends as soon as a new works council has been elected in the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH and the results of the election have been announced, but at the latest by the end of the 31 December 2009. (3) If the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH has no works council on 1 January 2009, the members of the staff council of the Federal Agency for Foreign Affairs of the Federal Republic of Germany on 31 December 2008 shall be responsible for The external economy, which belongs to the employees within the meaning of Article 2 (1), the tasks of a Works council according to the Law of the Works Constitution. Paragraph 2 shall apply accordingly. (4) Insofar as the provisions of Part 2 of the Ninth Book of the German Book of Social Code, the German Trade and Invest Society for Foreign Trade and Location Marketing mbH has to set up a special representative for the disabled, shall apply in accordance with the above provisions. Unofficial table of contents

Section 9 Continuation of service agreements

The service agreements in force in the Federal Employment Agency on 31 December 2008 apply to employees within the meaning of Section 2 (1) of the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH for As long as they are not previously replaced by other regulations, they are not already replaced by other regulations; they are not already existing by the Germany Trade and Invest-Gesellschaft für Außenwirtschaft und Standortmarketing mbH (Germany Trade and Invest) Operating agreements are replaced by the same regulatory object. The same applies to the continuation of the framework integration agreement in accordance with § 83 of the German Social Code of the Federal Ministry of Economics and Technology (Federal Ministry of Economic Affairs and Technology). Section 77 (6) of the Works Constitution Act is not applicable. Unofficial table of contents

§ 10 Procedure for participation

The participation procedures formally initiated by 31 December 2008 in the field of the Federal Agency for Foreign Trade, procedures in front of the conciliation body or decision-making procedures in the field of personnel representation before the administrative courts shall be taken by The Federal Office for Economic Affairs and Export Control and the Federal Office for Economic Affairs and Export Control are continuing. Unofficial table of contents

Section 11 Adaptation of legislation

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§ 12 Entry into force

This Act shall enter into force on 1 January 2009.