Law On The Staff Of The Federal Office For Foreign Trade

Original Language Title: Gesetz über das Personal der Bundesagentur für Außenwirtschaft

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Read the untranslated law here: http://www.gesetze-im-internet.de/bfaipg/BJNR237000008.html

Law on the staff of the Federal Office for foreign trade (BfAI personnel law BfAIPG) BfAIPG Ausfertigung date: 08.12.2008 full quotation: "BfAI personnel Act of December 8, 2008 (BGBl. I S. 2370)" footnote (+++ text detection from: 1.1.2009 +++) § 1 the administrators, officials, workers and employees of the Federal Agency for foreign trade are assignment of staff from 1 January 2009 those at the Federal Office of Economics and export control. Rate applies for trainees at the Federal Office for foreign trade 1.

Section 2 allocation of activities (1) the officers, officials, employees and workers within the meaning of § 1 sentence 1 are from January 1, 2009 activities at Germany trade and invest - company for foreign trade and marketing mbH allocated. Rate applies for trainees at the Federal Office for foreign trade 1.
(2) the assignment without prejudice to the existing service and working conditions referred to in paragraph 1 with the Federal Government.
(3) activities will be assigned to a worker or a worker in the sense of paragraph 1 on January 1, 2009, which are allocated to a lower pay grade, they are grouped according to their previous activities. As far as it is appropriate Moreover, in connection with the assignment, the Federal Ministry of Economics and technology in agreement with the Federal Ministry of the Interior and the Federal Ministry of finance complementing- and higher provisions can meet.
(4) the employee hiring law is not applied to the assignment of activities referred to in paragraph 1.

Section 3 decision-making and authority compared to the Germany trade and invest - company for foreign trade and marketing has decision-making and authority the employees referred to in section 2 paragraph 1 mbH, as far as the service or activity in the Germany trade and invest - company for foreign trade and marketing mbH require it. The Board of Directors and this named employees of Germany trade and invest - company for foreign trade and marketing mbH practice as far as the powers of superiors from. The superior powers are according to § 3 para 2 sentence 1 of the federal civil servants act of the President or the President of the Federal Office for Economics and export control. Further details of the exercise of decision-making and authority are contracted between the Federal Office of Economics and export control and the Germany trade and invest - company for foreign trade and marketing mbH to regulate.

Section 4 applicability of the Federal staff representation Act workers referred to in article 2, paragraph 1 apply in the Federal staff representation act as employees of the Federal Office for Economics and export control; they are active and passive to vote. § 13 para 2 sentence 4 of the Federal staff representation Act is not applicable.

Article 5 applicability of employment provisions (1) for the application of the rules on the representation of workers and employees in the Supervisory Board as well as for the application of the works Constitution Act and the speakers Committee Act are considered workers and workers of Germany trade and invest - company for foreign trade and marketing mbH workers referred to in article 2, paragraph 1, and as such are actively and passively to vote.
(2) the Germany trade and invest - company for foreign trade and marketing mbH in accordance with § 5 ABS. 3 of the works Constitution Act apply for the application of the provisions referred to in paragraph 1 civil servants and officials who are involved in the function of Senior Executive, as senior executives.
(3) the Germany trade and invest - company for foreign trade and marketing mbH obligations according to the regulations of the Association of workers and employees in the Supervisory Board, after the works Constitution Act and the speakers Committee Act and the rules governing the severely disabled representation and can they therefore do not meet, because it is not service mistress and an employer of employees referred to in article 2, paragraph 1, such commitments meet the Federal Office of Economics and export control.

§ 6 promise - and operation-constitutional responsibilities (1) is the staff Council of the Federal Office for Economics and export control for those personnel matters of the employees referred to in section 2 paragraph 1 under the Federal staff representation Act responsible, of the Federal Office of Economics and export control has to decide.
(2) in matters in which the Germany trade and invest - mbH decides company for foreign trade and marketing, the Germany trade and invest - company for foreign trade and marketing are perceived equity securities pursuant to the Act by the Works Council mbH.

§ 7 severely disabled persons (1) for severely disabled and this equals handicapped people who society for foreign trade and marketing mbH work according to § 2 para 1 in the Germany trade and invest -, is the Federal Office of Economics and export control an employer within the meaning of part 2 of the ninth book of the social code.
(2) for the application of the legislation of the severely disabled representation in the mbH severely apply Germany trade and invest - company for foreign trade and marketing and this equals the Germany trade and invest - company for foreign trade and marketing disabled people regardless of their service or employment relationship with the Federal Government than workers mbH. § 6 shall apply accordingly.

Article 8 transitional arrangements (1) mbH formed councils being company for foreign trade and marketing at Germany trade and invest - from 1 January 2009 those existing at December 31, 2008 staff members of the Federal Agency for foreign trade added to belong to the employees in the sense of § 2 para 1. The advanced operating Board shall elect from among its members a Chairman and a Deputy, a Chairman or a Deputy, of which workers in the sense of § 2 para 1 as well as to the workers and workers of Germany trade and invest - company for foreign trade and marketing mbH must include one or a.
(2) the General Council of the operation referred to in paragraph 1 immediately ordered the Election Committee to guide the choice of the Works Council. His term ends as soon as has been in the Germany trade and invest - company for foreign trade and marketing mbH a new Works Council elected and the election result announced, no later than at the end of 31 December 2009 (3) has the Germany trade and invest - company for foreign trade and those members of Council of the Federal Agency for foreign trade existing on December 31, 2008 staff take a Works Council, site marketing mbH on 1 January 2009 , belonging to the employees in the sense of § 2 para 1, the tasks of a Works Council pursuant to the Act it. Paragraph 2 shall apply mutatis mutandis.
(4) If according to the provisions of part 2 of the ninth book social law at the Germany trade and invest - company for foreign trade and marketing mbH to set up a severely disabled representation is, the foregoing provisions shall apply mutatis mutandis.

Article 9 continuity of service agreements that apply existing service agreements for employees within the meaning of § 2 in the German Office for foreign trade on December 31, 2008 para 1 in the Germany trade and invest - company for foreign trade and marketing mbH for no longer than twelve months operating agreements continued, so far as not previously by other regulations are replaced they are not displaced by existing already in the Germany trade and invest - company for foreign trade and marketing mbH company agreements on the same subject. The same applies for the continuity of the existing division of the Federal Ministry of Economics and technology integration agreement according to section 83 of the ninth book of the social code. § 77 para 6 of the works Constitution Act is not applicable.

§ 10 continued participation pending that are formally initiated participation in the area of the German Office for foreign trade, proceedings before the conciliation or legal personal representative decision-making procedure before the administrative courts until 31 December 2008 by the Federal Office of Economics and export control and the staff Council of the Federal Office for Economics and export control.

Section 11 adjustment by legislation - article 12 entry into force this law enters into force on January 1, 2009.