Read the untranslated law here: http://www.gesetze-im-internet.de/bgleig_2015/BJNR064300015.html
Law on equality between women and men in the Federal Administration and in the companies and courts of the Federal (Federal Equality Act - Bundesgleichstellungsgesetz) Bundesgleichstellungsgesetz Ausfertigung date: 24.04.2015 full quotation: "Federal Equality Act of April 24, 2015 (BGBl. I S. 642, 643)" replaces G 205-2 v. 30.11.2001 I 3234 (Bundesgleichstellungsgesetz) for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.5.2015 +++) (+++ to the application see §§ 5, 37 +++) the G as article 2 of the G v. 24.4.2015 I 642 by the Bundestag adopted. It is accordance with article 24 para 2 sentence 1 of this G on the 1.5.2015 entered into force.
Table of contents section 1 General provisions article 1 objectives of the Act section 2 scope article 3 definitions article 4 General obligations section 2 measures on equality between women and men article 5 principle; Application note § 6 workplace tender article 7 interviews section 8 selection decisions in setting, professional advancement and the allocation of training places section 9 qualification of applicants and applicants section 10 training, missions section 3 equality plan § 11 purpose section 12 creation § 13 contents § 14 notice, publication section 4 reconciliation of family, care and employment for women and men article 15 working hours and other basic conditions § 16 part-time work, tele-working, mobile working and leave of absence for the perception of family or care tasks § 17 change to full-time employment , vocational reintegration section 18 prohibition of discrimination section 5 equality officer, Deputy and confidence woman article 19 choice, authority to issue regulations § 20 order section 21 contesting the choice of section 22 early retirement section 23 merging, splitting and integration section 24 legal status article 25 responsibilities, rights and duties of the Ombudsman section 26 tasks of the Deputy and the confidence woman § 27 participation and support of the Ombudsman section 28 rights § 29 facilities § 30 collaboration and information article 31 confidentiality § 32 form of participation and levels of participation § 33 right of appeal and appeals article 34 legal proceedings § 35 question law § 36 of interministerial working group the Ombudsman section 6 special regulations, statistics, reporting and transitional provisions article 37 special provisions for the Federal Intelligence Service section 38 statistics, authority to issue regulations § 39 report § 40 transitional provisions section 1 General provisions article 1 objectives of the Act (1) the aim of the Act is 1 achieving the equality of women and men, to prevent disadvantages existing 2 on ground of sex, in particular disadvantages of women, to eliminate and future discrimination as well as 3. the family-friendliness, as well as the reconciliation of family , To improve care and employment for women and men.
(2) in accordance with this Act, the actual enforcement of the equality between women and men is promoted. Structural disadvantages of women are to correct by their promotion.
(3) to achieve the objectives, take into account the special concerns of disabled persons and threatened by disabilities women within the meaning of article 2, paragraph 1, of the ninth book of the social code. The rest applies paragraph 2 sentence 2 of the law on the equality of people with disabilities.
Article 2 scope this law applies to the services according to § 3 number 5 companies according to § 3 number 9 should on the appropriate application of this law work.
Definitions for the purposes of this Act are section 3: 1 jobs: training places, points, positions and posts, which are authorized employees within the meaning of this Act and for personnel to execute only financial resources needed, regardless of whether the employment provided for jobs and positions or other funded budget.
2. areas: Salary and remuneration groups or categories, careers and disciplines, vocational training including the preparatory service as well as levels with superiors - or management tasks including the posts and positions of the President judges and presiding judge;
3. career advancement: promotions, Höhergruppierungen, Höherreihungen, as well as transfers higher weighted positions and jobs;
4. employees: Officials and civil servants, workers and employees, including trainees, judges and judges as well as holders and holders of public offices;
5. Services: a) Federal courts, b) authorities and administrative bodies of the direct Federal Administration including those relating to the armed forces, as well as c) authorities, establishments and foundations under public law of the Federal Government;
is governed by article 6, paragraph 1, 2 and 4 of the Federal staff representation Act;
6 family tasks: the actual care of at least one child under 18 years of age by employees; This includes also the use of parental leave under the Federal parental benefits and parents time act;
7 maintenance tasks: the actual, not purchase home care or care of dependent persons within the meaning of article 61, paragraph 1, of the twelfth book of the social code by a person employed; This includes also the use of a maintenance period after the care leave Act, as well as the use of a family care time after the family care leave act;
8 qualification: Suitability, competence and professional performance;
9th company: a) organisations and institutions of the indirect Federal Administration with the exception of the authorities, institutions and foundations, as well as b) companies that will be converted from bundeseigener management in a company of private law with the exception of subsidiaries;
10 underrepresented: Status of women or men, if their respective share is located on the employees into a single range referred to in point 2 below 50 percent; odd number of employees, women or men are under-represented if the imbalance between the sexes concerning at least two persons of the same sex; the current situation in the area, to which the desired measure or decision mainly refers is decisive for the determination of under-representation.
Article 4 General obligations (1) have workers, especially with superiors - or executive functions, the management of the Department and human resources management to promote the achievement of the objectives of this Act. This commitment is as consistent guiding principle all task panes and decisions of departments as well as the cooperation of departments.
(2) services provide benefits according to § 23 of the federal budget rules as institutional funding, so to make sure through ancillary provision to the grant decision or agreement that the institutional grant recipients and recipients apply the basic principles of this law. Determining secondary to the contractual agreement or the grant decision must be indicated what rules are to apply. Sentences 1 and 2 apply also in the event that places outside the Federal Government with federal funds by way of assignment is institutionally promoted.
(3) laws, regulations and administrative provisions of the Covenant should also linguistically to to express the equality of women and men. This also applies to official correspondence.
Section 2 measures on equality between women and men footnote (+++ section 2 (articles 5 to 10): to the application see § 5 para 1 +++) § 5 principle; Application note (1) which are provisions of this section then not to apply, when belonging to a specific gender is an essential prerequisite to performing activity.
(2) the participation rights of the staff and the severely disabled representation remain unaffected.
Gender-neutral be § 6 workplace tender must (1) alerts of jobs. It is in particular prohibited to advertise jobs only for men or only for women. The specification must be formulated, that he speaks to members of both sexes in the same way and increasingly urges nationals of under-represented within the scope of sex to the application. Each invitation to tender shall contain the note that the advertised work part time may be occupied, unless unless compelling official concerns there are. Set of 4 also applies to the occupation of jobs with superiors - or management tasks irrespective of the level of the hierarchy.
(2) if women or men are under-represented in a field, a free working space to write out, to increase the number of applicants or candidates. The workplace should be written publicly if this goal can be achieved with an in-house or an inter-departmental tender. Exceptions provided in § 8 paragraph 1 sentence 3 of the federal civil servants Act remain unaffected.
(3) workplace tenders must define the requirements of the job to be filled and with regard to possible future functions of the applicants and applicants contain also the prerequisite requirements and qualification profile of the career or the functional area.
Footnote (+++ § 6 para 2 sentence 2: to the application see section 37 No. 2 +++) § 7 interviews
(1) applications from women are available in sufficient numbers, which exhibit the requirements indicated in the invitation to tender and qualification profile, you must invited at least as many women as men to job interviews or special selection procedure of jobs in a sector in which women are under-represented, during the occupation. § 82 sentence 2 and 3 of the ninth book of the social code shall remain unaffected. Sentences 1 and 2 shall apply mutatis mutandis for the occupation of jobs in a sector in which men on the basis of structural disadvantage are underrepresented.
(2) in job interviews and special selection procedure, in particular questions are inadmissible according to the marital status of existing or planned pregnancy, as well as to existing or planned family or care tasks.
(3) selection committees should be occupied with equal gender representation. A joint occupation of good reasons is not possible, are the specific reasons on record to make.
§ 8 selection decisions when setting, professional advancement and the allocation of training places (1) women are within a certain range according to § 3 number 2 underrepresented, has the services in the allocation of training places, with the setting and professional advancement preferred to take into account. This also applies to the secondment, transfer and implementation for more than three months, if this is preceded by a tendering procedure. The preference requires that applicants have the same qualifications as their male competitors. The preference is excluded, if legally worthy reasons predominate, which lie in the person of a male competitor. Men are structurally disadvantaged and under-represented in the respective area, sentences 1 to 4 shall apply mutatis mutandis.
(2) paragraph 1 shall apply in particular for 1 the occupation of posts by administrators, employees and workers, trainees as well as judges and judges, unless, for the appointment of judges and magistrates, a choice or the involvement of an Election Committee is mandatory;
2. the promotion, was, the decision about this climb is through an election or an Election Committee composed.
Set 1 includes jobs with superiors - or management tasks irrespective of the level of the hierarchy.
(3) the derogation in paragraph 2 set 1 number 1 applies accordingly for the positions of members of the Federal, whose appointment according to § 5 paragraph 2 sentence 2 of the Federal law of 11 July 1985 (BGBl. I S. 1445), most recently by article 15 paragraph 82 of the Act of February 5, 2009 (BGBl. I p. 160) has been changed, to hear the great Senate of the Federal Committee is the standing.
§ 9 qualification of candidates and seekers (1) the qualifications of a candidate or a candidate is determined based on the requirements of the job to be filled, in particular of necessary training, the qualification profile of the career or the functional area as well as the professional experience. The seniority and the time of the last carriage of candidates only as far as are taken into account, as they are for the qualification for the relevant work of importance. Acquired by family or caring responsibilities, specific experience and skills are taken into account, as far as they are for the respective activities of importance.
(2) the following circumstances may be part of the comparative assessment: conditional a 1 by the perception of family or care tasks) interruptions of employment, b) fewer active service or employment years, c) reduction of working time or delays in the completion of individual training courses, d) time loads, 2. the income situation of the spouses, the partner or partner, the partner or of the life companion, 3. the intention , of the possibility of the reduction of working time or a leave of absence to the perception of family or care to make use, 4. organisational and personnel economic considerations.
§ 10 training missions (1) the authority has to support the participation of employees in training. In the implementation, promotion and adjustment training, women are at least according to their share of the respective target group of the training into account. Sentence 2 shall apply also for men, if they are under-represented.
(2) the services must allow with family or caring responsibilities within the framework of the official ways employees participating in official training and on missions. Are if necessary, within the official limits additional events or alternative service travel periods to offer, that correspond to the spatial and temporal needs of workers with family or caring responsibilities. In addition the services can offer participating in official training workers with family or caring responsibilities within the framework of the official ways. For the duration of the participation of 1.
Measures pursuant to sentence 1 the support can be offered in case of children or infirm persons, 2.
Measures will be reimbursed pursuant to sentences 1 and 3 also falling, unavoidable care costs for elderly people or children on request.
(3) the services to offer advanced training in sufficiently, which facilitate the promotion and professional reintegration after an interruption of work on the perception of family or care tasks. Paragraph 2 shall apply mutatis mutandis.
(4) the employees of the personnel management and employees with supervisor - or executive functions are obliged to inform about measures for the equality of women and men, as well as to the reconciliation of family, care and employment. You should visit the appropriate training.
(5) opportunities for training, particularly in the areas of gender equality law, law of public service and the promise -, organization - and of budgetary law, is the Ombudsman and their representatives at the beginning of and during their time in Office.
Section 3 gender equality plan article 11 purpose of the equality plan is designed to achieve the objectives of this Act and is an essential tool of human resources planning, in particular the human resources development. Its implementation is a special commitment of staff management, the employees with superior - or management tasks, as well as the Office management.
§ 12 creation (1) each Department has to create a gender equality plan for four years each, which can be adapted to the current conditions after two years. Prejudice to the rights of the staff and that the heavy representation of disabled people.
(2) the equality plan is to establish by 31 December and enters into force on 1 January of the following year. For departments with a wide range of business and in the case of extensive organizational changes in the Department, other deadlines can be set by way of derogation from sentence 1 in consultation with the Ombudsman.
§ 13 content (1) which must equal opportunities plan a take stock, by his creation, he describes the existing situation of women and men in the Office to 30 June of the year and the existing support of employees in each of the areas according to § 3 evaluates number 2 for the past four years. Also a display which shows how women and men have taken the measures to better reconciliation of family, care and employment claims and how to represent your career advancement compared to women and men who have taken such measures not belongs to the inventory. Are the targets of the previous equality plan not been implemented, the reasons for the misconduct of the target are in the current gender equality plan to present.
(2) the gender equality plan sets out how until the end of its period of validity 1 the under-representation number 2 as far as possible to degrade women or men in each of the areas according to § 3, 2. the reconciliation to improve family, care and employment and how especially men should be motivated to take appropriate compatibility offers more.
To concrete targets, in particular to the proportion of women and men are for each individual supervisors and management to designate, as far as it is number 1 for jobs according to § 3. As far as targets to develop are the cast of jobs, about their occupation the Department decides, in consultation with the body responsible for the occupation of the workplace are to develop.
(3) the equality plan has concrete measures of human, social or organisational nature to achieve the respective target to call for each target. It contains in particular measures to promote the reconciliation of family, care and employment.
(4) if human resources measures are provided, be locked by the jobs or positions or fall away, is in the equal opportunities plan provided that the number of the under-represented sex in the areas number 2 at least not declining according to § 3.
(5) the equality plan must contain no personal data.
§ 14 notice, publication
The equality plan is to publish within one month after the beginning of its period of validity in the intranet of the departments and to give the workers immediately. The employees with supervisor - or leadership get it in writing.
Section 4 reconciliation of family, care and employment for women and men article 15 working hours and other conditions which have services to offer working hours and other basic conditions that facilitate the reconciliation of family, care and professional men and women, unless compelling official concerns do not preclude. Options can include taking care of children or infirm persons including appropriate advisory and mediation services the other framework conditions within the meaning of sentence 1.
§ 16 part-time work, tele-working, mobile working, and leave of absence to the perception of family or care tasks (1) the Commission services have with family or caring responsibilities to comply with requests from employees, unless compelling official concerns do not preclude; family - or care-related part-time work or leave of absence This also applies to workplaces with superiors - or management tasks irrespective of the level of the hierarchy. Within the framework of business opportunities, services have to offer workers with family or caring responsibilities also telecommute, mobile workstations or family - or maintenance work and presence time models. The rejection of requests must be justified in writing in detail.
(2) the services must workers who make a request for part-time work, family or care-friendly working-time models or leave of absence to the perception of family or care tasks, at an early stage in the form of text pointing on: 1 the consequences of a grant, particularly in beamten -, employment, supply - and pension-legal point of view, and 2. the possibility of a fixed term with option to extend and their consequences.
(3) the services have to ensure that 1 employees, which applied for part-time work, family or care-friendly working-time models or leave of absence to the perception of family or care tasks positively, it was decided a reduction corresponding to their reduced working hours will receive from their official duties and 2. result no official burdens for other employees of the Department from reduced working hours.
(4) the provisions of part time and fixed-term law to part-time employment, as well as other legal rules on part-time employment or to leave remain unaffected by the paragraphs 1 to 3.
§ 17 change to full-time employment, vocational reintegration (1) occurrence of the same qualification must be considered as a priority in the context of the occupation of jobs: 1 part-timers with family or caring responsibilities, applying for a full-time job or an increase in their weekly working time, as well as 2 beurlaubte workers have perceived family or caring responsibilities and apply for a premature return from the leave of absence during the leave of absence.
(2) the Commission services have on the basis of family or care tasks to facilitate the connection to the occupation and the returning absent employees. As measures for this purpose come particularly into account: 1 the possibility of part-time employment under the Federal parental benefits and parents time Act, 2. the possibility of part-time employment for part-time and fixed-term law, insofar as the nature of the activity does not preclude part-time, 3. timely information about training opportunities, 4th on the offer to participate in training during or after the leave of absence, as well as 5 offer holiday and illness representations.
(3) participation in a training course during the leave of absence to the perception of family or care tasks establishes entitlement to a paid service or work after the end of the leave of absence. The duration of the paid service or work depends on the duration of the meeting.
(4) the service agent shall in good time before the expiry of a leave of absence to the perception of family or care tasks with the affected workers to lead staff meetings to discuss where their further professional development is.
§ 18 prohibition of discrimination (1) these conditions may impair the setting as well as the professional development including the rise of professional and in particular do not adversely affect the official assessment: 1 part-time employment, 2. tele-working, mobile working, as well as participation in flexible work or attendance, 3. on an existing pregnancy, 4th schwangerschafts - or maternity-related absences due to mother protection employment prohibitions, 5 leaves of absence due to family or care tasks.
This does not preclude times to set differently to treat 1(1) as times pursuant to sentence 1 number 4 and 5 (2) a different treatment of part-time compared to full-time employment is only permitted if justified by compelling factual reasons. This applies to tele-working, mobile working, and furloughs because of family or care tasks with the exception of parental leave according to.
(3) pregnancy and maternity-related absences due to mother protection employment bans as well as leaves of absence on the basis of family or care tasks are at the deduction by waiting for a promotion after section 22, paragraph 4, of the federal civil servants act to take into account.
Section 5 gender equality officer, Deputy and confidence woman § 19 electoral Regulation Authority (1) in each Department with at least 100 employees are an equal opportunities Commissioner and a Deputy elected. Sentence 1 applies also to Supreme Federal authorities with less than 100 employees. The election of the Ombudsman and the Deputy takes place in separate ballots in accordance with the general principle of election law. Re-elections are permitted. The female employees of the Department are entitled to vote and can be selected.
(2) the female employees of a Department without own Ombudsman are entitled to vote at the next higher station.
(3) administrations can by way of derogation from paragraph 1, 1 less gender equality officer choose set with a wide range of business, provided that it is ensured that workers of the entire Division is adequately represented by an equality officer.
(4) in departments with major jurisdiction or complex task areas, up to three representatives are elected. This also applies to administrations with a wide range of business, making use of the derogation in paragraph 3.
(5) the Federal Government regulates the procedure of the election by Decree without the consent of the Federal Council according to the paragraphs 1 to 4.
Article 20 order (1) the departments order the selected employees for four years each to the Ombudsman or the Deputy. The order requires that the selected employees belong to neither the personnel nor the severely disabled representation.
(2) for the election of the Ombudsman, found no candidate or no candidate is elected after the election ordered the equal opportunities officer district of female employees from the Office management officio. This requires the consent of the workers to be ordered.
(3) are not enough candidates for the election of the representatives or insufficient candidates are selected after the election ordered the Office management officio representatives on the proposal of the Ombudsman. This requires the consent of the workers to be ordered.
(4) for small departments pursuant to article 19, paragraph 2, as well as for extensions and parts of a service center, which located geographically far from this trust is a woman on a proposal from the competent Ombudsman to order. The appointment of trust women requires the consent of the female employees to be ordered. The confidence woman must be employees of the respective services, extension of the Department or of the respective part of the service.
§ 21 contesting the election (1) which choices can be challenged if essential regulations for the election have been violated and the infringement has not been corrected. Contesting the election is denied if the election result could be changed or affected by a breach of essential regulations for the election.
(2) Anfechtungsberechtigt are a group of at least three electors and the Office management.
(3) the appeal must be completed within before the Administrative Tribunal 12 working days after the announcement of the election results.
Section 22 eliminated the equality officer prematurely early retirement (1) from her Office or she's not only temporarily unable to perform her duties, has the service point for the remaining term immediately to order a new gender equality officer. Article 19 shall not apply if the remaining term of Office is two years or less.
(2) a substitute or a confidence woman retires prematurely from their office or she's not only temporarily unable to perform her duties, the authority on a proposal from the Ombudsman for the remaining term has appointed a new substitute or a new trust woman. Paragraph shall apply accordingly 1 sentence 2.
(3) the Ombudsman, as well as all their representatives retiring prematurely from Office or they are not only temporarily unable to perform her duties, new elections take place according to § 19.
(4) a prevention is not only temporary, if continuously the Office due to illness-related work or incapacity for more than six months could not be exercised.
§ 23 ends the term of Office of the Ombudsman and that the representatives no later than one year after the amalgamation of departments merging, splitting and inclusion (1) for the amalgamation of departments to a new Department. Up to this point, the task allocation and perception in mutual agreement between the Ombudsman and representatives takes place. New elections must be completed before the expiry of one year after the merger of the departments in a timely manner according to § 19.
(2) the term of Office of the Ombudsman and that of representatives ends no later than one year after the closing of the Organization Act in the case of Division or splitting a service point in two or more departments. Paragraph shall apply accordingly 1 sentence 3.
(3) If a Department is incorporated into service elsewhere, ends the term of Office of the Ombudsman and the representatives of the integrated services with full control of the Organization Act of inclusion.
§ 24 legal status (1) the equal opportunities officer heard staff management's and the Office management is directly associated. Supreme Federal authorities, it is possible to also map to the Central Department.
(2) the Ombudsman is free to authority in the performance of their duties. It must be only in their capacity as Ombudsman with personnel matters. Sentence 2 shall be without prejudice to their powers to create official assessments of the staff associated with it (article 29 paragraph 2).
(3) the rights and duties of the Ombudsman pursuant to paragraphs 1 and 2, as well as after the sections 28 to 35 apply also to the representatives, unless the law States otherwise.
§ 25 responsibilities, rights and duties of the Ombudsman (1) the Ombudsman has the task, the enforcement of this Act, as well as of the General equal treatment Act in regard to the protection of workers from discrimination because of gender, in particular disadvantages for women, to promote and to monitor. This includes the protection of women, which hinders or are threatened by a disability, as well as the protection against sexual harassment in the workplace.
(2) the tasks of the Ombudsman include in particular: 1. to support the services, to achieve the objectives of this Act and to promote compliance with the General requirements according to § 4, 2 for all personnel to participate in organizational and social measures of the Department, relating to equality between women and men, the Elimination of under representation, the reconciliation of family, care and employment and protection against sexual harassment in the workplace. , 3 individual employees when necessary to advise and support, particularly in the areas of professional development and promotion, as well as the compatibility of family, care and employment, as well as on the protection against discrimination, and 4. the training according to § 10 paragraph 5 to perceive.
(3) the Ombudsman may conduct consultations and convened annual meetings of female employees. She teaches the Office management in advance of the convening of a general meeting pursuant to sentence 1. The equality officer can participate in staff meetings, and has a right to speak there.
(4) in the case of article 19 paragraph 2 the equality officer of the next higher authority perceive her 1 and 2 assigned tasks to subordinate departments pursuant to paragraphs. Paragraph 3 shall apply mutatis mutandis.
(5) the equal opportunities officer of the Supreme Federal Authority is responsible for the information and experience of equal opportunity officers, representatives and women confidence in their business.
(6) the equal opportunities Commissioner of Supreme Court has the right to participate in the meetings of the Executive Council and its committees.
(7) the performance of duties as Ombudsman has priority over other tasks.
Article 26 tasks of the Deputy and the confidence woman (1) Deputy is basically active in the representation.
(2) by way of derogation from paragraph 1 the equality officer of the substitute can transfer a portion of the duties with their permission according to § 25 to independent registration. In the case of § 19 paragraph 4 is the task division between the Ombudsman and the representatives in mutual agreement. A modification or revocation of the delegation decision pursuant to sentences 1 and 2 may at any time make the equality officer without the consent of the Deputy or the representatives. Section 24, paragraph 2, sentence 2 shall apply accordingly.
(3) the substitute has the guidelines provided by the Ombudsman to observe gender equality work. The overall responsibility for the task completion will remain with the Ombudsman.
(4) the confidence woman is contact person for the employees of the respective departments, extension or the respective part of the service, as well as for the competent Ombudsman. It is responsible for the provision of information between the employees and the Ombudsman. The Ombudsman, as well as their representatives are prevented, the confidence woman on behalf of the Ombudsman can participate in job interviews, special competitions or meetings of selection committees; the exercise of participation rights according to § 32 remains reserved the Ombudsman in this case. The services of the possibility makes use, in article 19, paragraph 3 the equality officer of the confidence woman can transfer tasks to independent registration at the local service station, extension or part of services with their permission.
Article 27 participation and support of the Ombudsman (1) the services involved the Ombudsman at an early stage, in particular in 1 Human Affairs; This concerns the preparation and a decision) the allocation of training places, b) setting as well as the secondment, transfer and implementation of employees for more than three months, c) the training and the professional advancement of workers, d) the cease and desist letter, the introduction and the conclusion of a disciplinary procedure including the provisional suspension, e) termination and cancellation agreement, dismissal, transfer to retirement and similar decisions , 2. organisational and Social Affairs, 3. the drafting of assessment guidelines, as well as during meetings, to ensure the uniform application of these guidelines in the Office 4. procedures for the appointment of committees under the Federal Panel occupation Act, if no OU to the equality of women and men in the Office is set up, and 5. the creation of the gender equality plan.
(2) an early participation is referred to in paragraph 1, if the equal opportunities officer at the beginning of the decision-making process on the service pages must be involved and the respective decision or measure is still able to design.
(3) the participation of the Ombudsman is preceded by a participation process for the Federal staff representation Act and the ninth book of the social code; the procedure must be completed according to § 32 paragraph 3. A parallel involvement of personnel or severely disabled representation, is contrary to clause 1 is the equal opportunities officer of the reasons to inform.
Section 28 the Ombudsman may not disabled rights (1) in fulfilling their duties and not disadvantaged because of their work as Ombudsman in their professional development or be favored. In particular, she exerts her Office without reducing their previous pay or her previous pay and takes part in the promotion so how this would be done without the assumption of the Office.
(2) the equality officer is relieved of other activities to the extent that is necessary to the proper performance of their duties as Ombudsman. In departments with generally less than 600 employees, the relief is at least half of the regular working hours of a full-time employee. The equal opportunities officer in the scope of the rule working hours of a full-time employee is credited with a number of employees of at least 600 employees. The Ombudsman exerts a part-time employment, is the discharge volume of the Deputy or the representatives to increase; This is true regardless of the regulations on the discharge of the substitute in paragraph 5. The equality officer pursuant to section 19 paragraph 2 for more than a Department is responsible, the total number of employees of all departments is decisive for the amount of the relief.
(3) the Commission services have to trace the professional development of the Ombudsman by virtue of fictitious. This obligation applies irrespective of the Ombudsman's scope of relief. The fictional tracing is used as a basis for staff selection decisions. The claim to fictional tracing of the official assessment according to section 33, paragraph 3, of the Federal carrier Regulation shall remain unaffected. The services have to provide a task description as evidence of their activities as Ombudsman the Ombudsman upon their request.
(4) prior to termination, transfer or secondment, the equality officer as a member of the staff is protected.
(5) is the Deputy involved in the representation pursuant to section 26 paragraph 1, it is instead the Ombudsman with the beginning of the representation activity in the scope of their activity as to relieve alternate for other activities. In the case of § 26 paragraph 2, sentence 1, the substitute instead of the Ombudsman to the extent of up to a quarter of the regular working hours of a full-time employee is relieved. The relief of the representatives is in the case of § 26 paragraph 2 sentence 2 each up to half of the regular working hours of a full-time employee; the height of the relief of the Ombudsman remains unaffected.
(6) trust women be relieved of other activities to the extent that is necessary to the proper performance of their duties as an information intermediary. The relief is at least a tenth, and up to a quarter of the regular working hours of a full-time employee.
§ Is 29 facilities (1) the Ombudsman the necessary personnel at the beginning and to the end of its term, to provide spatial and material facilities.
(2) an employee or an employee can be associated to the Ombudsman in the case of a number of employees of typically less than 1 000. In a service center with at least 1 000 employees at least a co-worker or an employee is the Ombudsman to associate.
(3) the task of staff is limited to the support of the Ombudsman. Article 26, paragraph 4, sentence 3 shall apply accordingly.
(4) the Ombudsman receives a monthly available funds. The amount of the available Fund of the equality officer relieved from other tasks corresponds to the amount of the allowance for members of staff councils, personnel directors, District Staff Council and main personnel Council exempted entirely from their official activity. The equality officer relieved from other tasks receives an available funds, which corresponds to the share of their discharge. The regulation of the amount of the allowance for staff members exempted from the service by July 18, 1974 (BGBl. I S. 1499), by article 7 of the law of December 3, 2001 (BGBl. I S. 3306) is changed, is in accordance with.
Article 30 collaboration and information (1) the Office management and the equality officer for the benefit of employees and to meet the objectives referred to in article 1 shall cooperate closely.
(2) the Office Management supports the Ombudsman in carrying out their tasks and exercise their participation rights by them in particular immediately and comprehensively informed the Ombudsman. The documents required for the performance of their duties, in particular application documents, comparative overviews and selection notices, are to submit it as soon as possible and to provide the requested information. The Office management should give the opportunity to actively participate in all decision-making processes to personal, organizational, and Social Affairs of the Ombudsman and support the information and exchange of experience of the Ombudsman with other Ombudsman.
(3) the Ombudsman has the right to inspect the decision-relevant parts of personnel files, as far as the knowledge of the file content to the performance of their duties is required.
Article 31 the equal opportunities officer and their representatives, the employees and employee trust women are confidentiality with regard to the personal circumstances of employees and other confidential matters in the Office from the date of your order and also committed to secrecy about the time of your order.
§ 32 form of participation and levels of participation (1) the Ombudsman has the right and the duty to present directly at the Office management. She has a right of initiative in all matters that are subject to their participation according to article 25, paragraph 1, and article 27, paragraph 1. The Department has an Initiativantrag within reasonable time, at the latest within a month to decide. In exceptional cases, the final decision is to carry out after three months. The decision is communicated to the Ombudsman in writing.
(2) the participation of the Ombudsman is carried out regularly by vote, which is to take the files. The vote is to leave within ten working days after receipt of notice of the intended action or decision in writing; This period can be derogated from in agreement with the Ombudsman. Only in particularly urgent cases, the time limit for the delivery of the vote may exceptionally be reduced to three working days. The equal opportunities officer within 10 working days or in the case of the set of 3 within three working days has no vote, so the intended action or decision be deemed accepted.
(3) the Department does not, follow the vote of the Ombudsman, she communicated the reasons for non-compliance to the Ombudsman if the equality officer has requested this at submission of the vote. The communication by the Office has in writing within 15 working days from receipt of the vote to take place.
(4) as far as decisions for subordinate departments are made in departments, each participating Department has to participate in the local gender equality officer in accordance with articles 25, 27 and 30, as well as under paragraphs 1 and 2 on the part of proceedings with her. The vote of the Ombudsman of the subordinate services written in text form is together with the other decision-relevant documents of the next higher authority and by the equality officer ordered her to submit. In human affairs, sentences 1 to 3 in the event that personnel-processing services and employment services are not the same, shall apply mutatis mutandis. Sentence 1 shall apply also when edit operations that involve tasks of the Ombudsman referred to in paragraph 1, with effect for service elsewhere, not subordinate service according to § 25 paragraph 4 is.
Footnote (+++ § 32 para 4: to the application see section 37 No. 8 +++) § 33 significantly violates a right of appeal to the Office management, if she claims the Department have not created 1 violates article 12, paragraph 1 a gender equality plan, or the time limit pursuant to article 12 paragraph 2 right of appeal and opposition proceedings (1) which has equal opportunity, 2. create a gender equality plan that meets not the requirements of article 13, 3. contrary to article 27 paragraph 1 the equality officer in the creation of the gender equality plan not involved number 5 , 4. contrary to section 14 the equality plan not posted 5. infringe rights the Ombudsman or violate 6 against other provisions of this Act or other legislation on equality between women and men.
(2) the notice of opposition is to submit in writing the Office management within one week after receipt of justification according to article 32, paragraph 3. He has suspensive effect. Article 80, paragraph 2, sentence 1 number 4 and paragraph 3 of administrative court procedure shall apply mutatis mutandis. In the case of immediate enforcement, the Office Management shall immediately inform the Ombudsman.
(3) the Office management should decide on the opposition within one month after receipt of the objection. It considers justified, the opposition are to correct these measures and their consequences, as well as to take into account the results of the opposition in other similar cases.
(4) the Office management holds the appeal to be unfounded, she immediately presents them the next higher office management. Independent federal entities, institutions and foundations without multi-tiered management structure, the opposition according to their Board of directors or management will be presented. The decision of the next higher office management, the Board or the management is carried out according to paragraph 3 (5) which is to justify in writing and without delay to send the Ombudsman decision on opposition.
Article 34 legal proceedings (1) remains the opposition according to § 33 unsuccessfully, the equality officer can call the administrative court. Previously, the equality officer or the Agency has to repeated extrajudicial settlement attempt. The Court is to call within one month after the equality officer or the Department has determined the failure of out-of-court settlement attempt in writing. The appeal has no suspensive effect.
(2) the seising of the Court may be based only on that rights the Ombudsman has violated the services 1 or 2 has created a gender equality plan that meets not the requirements of sections 12 to 14.
(3) by way of derogation from paragraph 1 sentence 3 is the seising of the Court also permitted, if the opposition without sufficient reason within reasonable time objectively not is has been decided. § 75 set 2 to 4 of the administrative court procedure shall apply mutatis mutandis.
(4) the service shall bear the costs incurred the Ombudsman on the basis of appeals according to paragraphs 1 or 2.
Article 35 the Ombudsman and the representatives at the Federal Ministry for family, senior citizens, women and youth can consult right (1) to clarify questions of fundamental importance, in particular to the interpretation of this law, to ask questions. Personal data of employees may be transferred to the Federal Ministry for family, senior citizens, women and youth only with the consent of the workers concerned.
(2) requests will be answered within one month referred to in paragraph 1. The Federal Ministry for family, senior citizens, women and youth leads to informed his reply of the competent Supreme Federal Authority.
Section 36 interministerial working group of the Ombudsman the Ombudsman of the highest federal authorities together form the interministerial working group of the Ombudsman of the highest federal authorities. The Working Group informed the Ombudsman of the business areas on its activities. Sentences 1 and 2 shall be without prejudice to the possibility to set up more working groups to coordinate the work of the Ombudsman in the territorial scope of this Act.
Section 6 special rules, statistics, reporting and transitional provisions article 37 special provisions for the Federal Intelligence Service for the Federal Intelligence Service applies this law with the following exceptions: 1. the German Federal Intelligence Service considered unified services where no trust women be ordered, 2. § 6 paragraph 2 sentence 2 is not applicable, 3. section 14 sentence 1 applies; the employees of the Federal Intelligence Service are entitled the gender equality plan the from staff management to see employed soldiers are designated 4 at the federal intelligence service in accordance with article 19, paragraph 1, active vote, 5th in the BND active soldiers and soldiers are considered with respect to the equal opportunity officers there ordered employees of the Federal Intelligence Service, as far as his leadership or the Federal Chancellery for the decision in human, social and organisational matters of this category of persons is responsible , 6 for information and exchange of experience of the Ombudsman according to § 25 paragraph 5 the security provisions for the Federal Intelligence Service are to be observed, 7 is a vote of the gender equality Commissioner of the Federal Intelligence Service, which has released them in accordance with articles 25, 27 and 32, to present the Federal Chancellor's Office, as far as in the Chancellor's Office decisions for the Federal Intelligence Service and section 32, paragraph 4 and article 38, paragraph 1, sentence 4 are the equal opportunities officer of the Federal Chancellery, in so far as not to participate is 8 not to apply , 9. the Ombudsman requires the agreement of services, as far as in the case of section 35 a matter should be treated, which is classified as classified, rest 10 following the occurrence of particular incident or a particular usage situation of the Bundesnachrichtendienst is fully or partially affected, the rights and duties of the Ombudsman; Start and end dates of the suspension be determined respectively by the leadership of the federal intelligence service in agreement with the warden or head of the Office of the Chancellor.
Section 38 statistics, authority to issue regulations (1) each agency collects every two years the number of men and women employed in the Department, as well as the number of women and men following further criteria: 1 individual areas according to § 3 number 2, 2. full - and part-time, 3 use of a leave of absence because of family or care tasks, 4 application, setting and career advancement, 5. career advancement of employees , the leave of absence on the basis of family or care tasks in claim made and of such workers who have taken such measures do not, 6 the number of superiors - or management functions in full - and part-time employment.
The data pursuant to sentence 1 number is 1 to 3 and 6 to capture the data rate to 30 June of the year 1 number 4 and 5 for the period from July 1 of last year to 30 June of the year. The data of the subordinate federal authorities and the indirect federal service are to report to 30 September the Supreme Federal Authority or the Supreme supervisory authority. The Supreme Federal authorities report their own until December 31 the Federal Statistical Office data, the combined data of the respective business unit, as well as the combined data of the indirect Federal Administration, subordinate to their legality.
(2) each Supreme Federal authority collects annually the number of men and women employed in the Supreme Federal Authority, as well as the number of women and men on the following further criteria: 1st grade of higher service, 2 individual layers with superiors - or management tasks including the political leadership offices, 3 full - and part-time employment, also for employees with supervisor - or leadership, 4 use of a leave of absence because of family or care tasks , 5. career advancement.
The data pursuant to sentence 1 number 1 to 4 are to capture the data rate to 30 June of the year 1 number 5 for the period from 1 July of the previous year to 30 June of the year. The message to the Federal Statistical Office has to be made until 30 September.
(3) the Federal Statistical Office creates statistics about the data collected pursuant to paragraph 1 of services (equality statistics) on behalf of the Federal Ministry for family, senior citizens, women and youth 1 all two years and this the Supreme Federal authorities shall forward, 2. each year an index from the data collected pursuant to paragraph 2 of the highest federal authorities (gender equality index) and published them each up to 31 December.
(4) the Federal Government governs the individual requirements for the collection and provision of statistical data by means of an Ordinance without the consent of the Federal Council. The personnel level statistics after the financial and personnel statistics act in the version of the notice of February 22, 2006 (BGBl. I p. 438), most recently by article 1 of the law of 22 may 2013 (BGBl. I p. 1312) is changed, is taken into account. The Decree limited the District of services subject to communication pursuant to sentence 1 on what is necessary. Also provisions relating to content, preparation and the annual updating of the equipment to the legal regulation can be taken under the Ordinance.
Footnote (+++ § 38 paragraph 1 sentence 4: to the application see section 37 No. 8 +++) section 39 (1) report the Federal Government puts German Bundestag every four years a report on the situation of women and men in the services according to § 3 paragraph 5 (report to the federal equal opportunities Act) before. The data collected under article 38, paragraph 1 and 2 are based on the report. The Supreme Federal authorities have the necessary information.
(2) the report sets out the extent to which the objectives of this Act are achieved and the law has been applied. He shows exemplary gender equality measures in individual departments. The report must contain no personal data.
(3) on the preparation of the report of the inter-ministerial working group of the equality officer of the highest federal authorities is to participate.
Article 40 transitional provisions (1) is the equality plan under section 3 to create for the first time to December 31, 2015. This does not apply if the period of validity of the equality plan is still more than two years on May 1, 2015.
(2) the data to be collected for the first time for the gender statistics according to article 38, paragraph 1, sentence 1 number 1 to 3 and 6 have the date 30 June 2015, the data pursuant to article 38, paragraph 1, sentence 1 number 4 and 5 refer to the period from July 1, 2013 to June 30, 2015. The data to be collected for the gender equality index for the first time, according to article 38, paragraph 2, sentence 1 number 1 to 4 have the date 30 June 2015, the data according to § 38 paragraph 2 sentence 1 refer to the period from 1 July 2014 until 30 June 2015 (3) equality officer ordered may 1, 2015, representatives and trust women remain before then as Ombudsman number 5 , Representatives and trust women in the Office. In departments with major jurisdiction or complex task panes, immediately held elections for the non-occupied offices of the representatives referred to in article 19, paragraph 4.
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