Law On Equality Between Women And Men In The Federal Administration And In The Companies And Courts Of The Federal

Original Language Title: Gesetz für die Gleichstellung von Frauen und Männern in der Bundesverwaltung und in den Unternehmen und Gerichten des Bundes

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The law on equality between women and men in the Federal Administration and in the companies and courts of the Federal Republic of Germany (Bundesequality Act-BGleiG)

Non-official Table of Contents

BGleiG

Date of expiry: 24.04.2015

Full quote:

" Federal equality law of 24. April 2015 (BGBl. I p. 642, 643) "

Ersets G 205-2 v. 30.11.2001 I 3234 (BGleiG)

For details, see Notes

Footnote

(+ + + Text proof: 1.5.2015 + + +)
(+ + +) for details. Application § § 5, 37 + + +)

The G was referred to as Article 2 of the G v. 24.4.2015 I 642 of the Bundestag decided. It's gem. Article 24 (2) sentence 1 of this G entered into force on 1 May 2015. unofficial table of contents

content overview

section 1General provisions
§ 1Act targets
§ 2Scope
§ 3Definitions
§ 4General
2Measures for equality between women and men
§ 5Principle; Application notice
§ 6Job expulsion
§ 7Application calls
§ 8Selection decisions in the case of recruitment, career advancement and the awarding of training places
§  9Qualification of applicants
§ 10Training, Service
3Equation
§ 11Purpose
§ 12Construction
§ 13Content
§ 14Announcement,
4Compatibility of Family, Nurturing
and Professional Activity for Women and Men
§ 15Working hours and other framework conditions
§ 16Part-time employment, Teleworking, mobile work and leave of absence for the perception of family or nursing tasks
§ 17Change to full-time employment, occupational Reentry
§ 18Prohibition of
5Gender Equality Officer,
Deputy and
§ 19Election, Ordinance empowerment
§ 20 Order
§ 21Election of choice
§ 22 Premature exit
§ 23merging, split-up and integration
§ 24Legal status
§ 25Tasks, rights and duties of the Equal opportunity officer
§ 26Tasks of the Deputy and the Confidence Woman
§ 27Participation and support of equality officers
§ 28Protection rights
§ 29Equipment
§ 30Cooperation and Information
§ 31obligation to be subject to confidentiality
§ 32 Shape of Participation and Step Participation
§ 33Opposition Law and Appeal Procedure
§ 34Judicial Proceedings
§ 35Fracted
§ 36Interministerial Working Group on Gender Equality
6 Special Rules, Statistics,
Report and Transitional Provisions
§ 37Special rules for the federal intelligence service
§ 38 Statistics, Ordinance Authorisation
§ 39Report
§ 40 Transitional

Section 1
General Provisions

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§ 1 goals of the law

(1) the target of the law is to
1.
To realize women and men,
2.
To eliminate existing disadvantages based on gender, in particular women's disadvantages, and to eliminate future To prevent disadvantages, as well as
3.
Family-friendliness as well as the compatibility of family, care and professional activities for women and men
() According to this law, the effective enforcement of equal rights for women and men is promoted. Structural handicaps of women are to be remedied by their targeted support.(3) In achieving the objectives, account should be taken of the special needs of women with disabilities and of disabled women within the meaning of Article 2 (1) of the Ninth Book Social Code. In addition, § 2 sentence 2 of the law on equal treatment of disabled persons applies. Non-official table of contents

§ 2 Scope

This law applies to the services in accordance with Section 3, point 5. Companies in accordance with Section 3 (9) shall work towards the appropriate application of this law. Non-official table of contents

§ 3 Definitions

For the purposes of this law are:
1.
Workplaces: apprenticeships, posts, posts, and posts filled with employees within the meaning of this law and for their personnel execution only financial resources, regardless of whether the employment is financed by budget or other budgetary resources;
2.
Areas: Besoldungs-und EntgeltGroups or career groups, careers and subject areas, vocational training including the preparatory service as well as levels with superiors- or management tasks, including posts and posts, Chairman Judges;
3.
Career Advancement: promotions, Higher groupings, higher-ranking posts, and transfers of higher-rated posts and jobs;
4.
Employees: Officials, female workers and employees Employees, including trainees, judges, and holders of public service offices;
5.
Services:
a)
Federal Courts,
b)
Authorities and administrative offices of the immediate Federal Administration, including in the field of the armed forces as well as
c)
corporations, institutions and foundations of public law of the federal government;
§ 6 (1), (2) and (4) of the Federal personnel representation law;
6.
Family tasks: the actual care of at least one child under 18 years of age by employees; this also includes the Use of a parental leave according to the Federal Elternary and Parental Leave Act;
7.
Care tasks: the actual, non-gainful domestic care or Care of a person in need of care in accordance with Section 61 (1) of the Twelfth Book of Social Code by employees; this also includes the use of a care period in accordance with the Care-Time Act as well as the use of a Family care period according to the Family Care Time Act;
8.
Qualification: suitability, empowerment and professional performance;
9.
Companies:
a)
Institutions and institutions of the federal administration, with the exception of the Corporate bodies, institutions and foundations as well as
b)
Companies which, from their own administration, will in future be transformed into a company under private law, with Exception of subsidiaries;
10.
under-represented: status of women or men, if their respective share of the employees in a single In the case of an odd number of persons employed, women or men are under-represented if the imbalance between the two sexes affects at least two persons of the same sex; the current situation in the area to which the intended measure or decision mainly relates is the current situation in the area to which the intended measure or decision is mainly concerned.
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§ 4 general obligations

(1) employees, in particular those with executive or managerial responsibilities, the management of the department, and the Human resources management has to promote the achievement of the objectives of this law. This commitment must be taken into account as a consistent guiding principle in all areas of responsibility and decisions of the services and in the cooperation of departments.(2) In accordance with § 23 of the Federal Budget Regulations, grant services are deemed to be institutional support, so that they shall ensure, by means of a secondary provision for the notification of the grant or contractual agreement, that the institutional Beneficiaries of the law apply the broad guidelines of this law. The secondary determination of the notice of application or of the contractual agreement must indicate which rules are to be applied. Sentences 1 and 2 shall also apply in the event that posts outside the Federal Administration are institutionally promoted by means of federal funds.(3) Law and administrative regulations of the Federal Republic of Germany are intended to express the equality of women and men also in language. This also applies to service correspondence.

Section 2
Measures for Equality between Women and Men

Footnote

(+ + + Section 2 (§ § 5 to 10): For application, see § 5 Paragraph 1 + + +) Non-official table of contents

§ 5 Principle; application notice

(1) The provisions of this section shall not apply unless: Membership of a particular sex is an indispensable condition for the activity to be performed.(2) The rights of participation of the Staff Committee and those of the representatives of the severely disabled persons shall remain unaffected. Non-official table of contents

§ 6 Job tender

(1) Job calls for jobs must be gender-neutral. In particular, it is inadmissible to issue jobs only for men or for women only. The text of the call for tenders must be worded in such a way that it appeals to members of both sexes in the same way and that members of the gender under-represented in the respective area are strongly urged to apply. Each invitation to tender shall contain the indication that the advertised place of work may be filled in part-time, unless compelling service interests are contrary to that requirement. Sentence 4 shall also apply to the occupation of jobs with superiors or managerial tasks, irrespective of the level of the hierarchy.(2) If women or men are under-represented in an area, a free workplace should be written out to increase the number of applicants. The workplace should be publicly advertisedif this objective cannot be achieved either with an internal call for tenders or with an inter-service call for tenders. Exceptions pursuant to § 8 paragraph 1 sentence 3 of the Federal Officials Act remain unaffected.(3) Job vacancies must define the requirements of the workplace to be filled and, with regard to possible future functions of the applicants, also the requisite requirements and qualification profile of the career or of the functional area.

Footnote

(+ + + § 6 para. 2 sentence 2: For application see § 37 No. 2 + + +) unofficial table of contents

§ 7 Interviews

(1) A sufficient number of applications for women who have the requirement and qualification profile specified in the call for applications must be submitted to the job in an area where women are required to work in the field of employment. are under-represented, at least as many women as men are invited to interview interviews or special competitions. § 82 sentence 2 and 3 of the Ninth Book Social Code remains unaffected. For the occupation of jobs in an area where men are under-represented on the basis of structural disadvantage, the rates 1 and 2 apply accordingly.(2) In interviews and special competitions, questions concerning the marital status, an existing or planned pregnancy, as well as existing or planned family or nursing tasks, are inadmissible.(3) Selection commissions shall be subject to gender parity. If a parity occupation is not possible for valid reasons, the respective reasons are to be made aware of the reasons. Non-official table of contents

§ 8 Selection decisions on recruitment, career advancement and the allocation of apprenticeships

(1) Are women in is under-represented in a certain area in accordance with Section 3 (2), the department has to take it into account in the allocation of training places, recruitment and career advancement. This shall also apply in the case of secondhand, translation and implementation for more than three months in each case if a tendering procedure is preceded by the same. A prerequisite for the preference is that applicants should have the same qualifications as their male competitors. The preference shall be excluded if there are legal grounds for protection which lie in the person of a male competitor. If men are structurally disadvantaged and are under-represented in the respective area, the sentences 1 to 4 shall apply accordingly.(2) Paragraph 1 shall apply, in particular, to
1.
the filling of posts of civil servants, workers, trainees and Judges, unless a choice or the participation of an electoral committee is required for the appointment of judges;
2.
professional advancement, unless the decision on this rise is made by an election or with the participation of an election committee.
Sentence 1 also closes jobs with supervisor or managerial tasks notwithstanding the Hierarchy level.(3) The derogation provided for in the first sentence of the first sentence of paragraph 2 shall apply mutatily to the bodies of members of the Federal Court of Auditors for their appointment pursuant to the second sentence of Article 5 (2) of the Federal Court of Auditors ' Act of 11 June 2000. July 1985 (BGBl. 1445), which was last amended by Article 15 (82) of the Law of 5. February 2009 (BGBl. 160), the Standing Committee of the Grand Senate of the Federal Audit Office has been consulted. Non-official table of contents

§ 9 Qualification of Applicants

(1) The qualification of a candidate will be based on the following: the requirements of the workplace to be filled, in particular from the training required for this purpose, the qualification profile of the career path or the functional area, as well as from the professional experience. The seniority and the date of the last transport of applicants may only be taken into account in so far as they are relevant to the qualification for the workplace in question. Specific experience and skills acquired through family or care tasks shall be taken into account in so far as they are relevant to the exercise of their respective activities.(2) The following circumstances must not be part of the comparative assessment:
1.
due to the perception of family or nursing tasks
a)
interruptions of professional activity,
b)
less active service-or Employment years,
c)
Reductions of working time or delays in completing individual training courses,
d)
temporal loadings,
2.
the income situation of the spouse, the life partner, or the Life partners, the partner of life or the partner of life,
3.
the intention, from the possibility of working time reduction or a leave of absence to the perception of To make use of family or nursing tasks,
4.
organizational and personal considerations.
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§ 10 advanced training, business trips

(1) The office has to support the participation of employees in training. In the course of the training of introductory, promotion and adaptation, women must be taken into account at least in proportion to their share in the respective target group of the training. Sentence 2 shall also apply to men, if they are under-represented.(2) The office must enable employees with family or nursing tasks to participate in service training as well as business trips within the framework of the service possibilities. Where necessary, additional events or alternative travel periods should be offered within the scope of the service, which shall be subject to the spatial and temporal needs of employees with family or nursing tasks. . In addition, the office can offer employees with family or nursing tasks within the framework of the service possibilities to participate in the service training. For the duration of participation in
1.
Measures according to the first sentence, the care of children or people in need of care can be offered if need be,
2.
Measures under sentences 1 and 3 can be reimbursed on application for additional, ineligible care costs for children or dependants.
(3) The aim of this service is to provide sufficient training to facilitate career advancement and professional re-entry after an interruption of professional activity in the exercise of family or nursing duties. Paragraph 2 shall apply accordingly.(4) Staff management staff and employees with executive or managerial responsibilities are obliged to take measures to promote equality between women and men and to reconcile family, care and professional activities. information. They are to attend appropriate training courses.(5) At the beginning of and during her term of office, the Equal Opportunities Officer and her alternate shall be given the opportunity to further training, in particular in the areas of equality law, the law of the public service and the Personnel representation, organization, and household law.

Section 3
Equation Plan

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§ 11 Purpose

The equality plan is designed to achieve the objectives of this law and is an essential tool of personnel planning, especially the Personnel development. Its implementation is a special obligation for personnel management, employees with executive or management tasks, as well as the service branch management. Unofficial table of contents

§ 12 Creation

(1) Each department has to draw up an equality plan for four years each, after two years of creation. years, can be adapted to current circumstances. The rights of the Staff Committee and the representatives of the severely disabled persons remain unaffected.(2) The equality plan shall be up to 31 December 2008. It will take place on 1 December. January of the following year in force. By way of derogation from the first sentence, other reference dates may be established for services with a large business unit and in the case of comprehensive organisational changes in the service. Non-official table of contents

§ 13 Content

(1) The equality plan must take stock by taking the existing situation of the women and men in the service to the 30. June of the year of its preparation, and evaluates the previous support of employees in the individual areas according to § 3 number 2 for the past four years. The survey also includes a presentation which shows how women and men have taken advantage of the measures to reconcile family, nursing and working life and how their career advancement is compared to Women and men who have not taken such measures. If the objectives of the previous equality plan have not been implemented, the reasons for the target misconduct shall be set out in the current equality plan.(2) The equality plan shall determine how, by the end of its period of validity,
1.
the sub-representation of women or men in the individual areas according to § 3, point 2 ,
2.
to improve the balance between family, care and professional activity and to motivate men in particular to:
To this end, specific targets should be set in particular on the proportion of women and men for each individual management and management level, insofar as these are jobs in accordance with Section 3 (1). In so far as targets are to be developed for the occupation of jobs, the occupation of which is not decided upon by the occupation, the requirements are to be developed in consultation with the body responsible for the placement of jobs.(3) The equality plan shall specify, for each target, specific measures of a human, social or organisational nature in order to achieve the respective target. In particular, it also includes measures to promote the reconciliation of family, care and professional activities.(4) Where human-economic measures are provided for, by which posts or posts are blocked or are eliminated, provision should be made in the equality plan to ensure that the proportion of the under-represented sex in the areas concerned shall be determined by: § 3, point 2 at least not falling.(5) The equality plan shall not contain personal data. Non-official table of contents

§ 14 Announcement, publication

The equality plan is within one month of the beginning of its period of validity. on the intranet of the services and immediately inform the staff of the staff. Employees with supervisor or line tasks are given it in text form.

Section 4
Compatibility of family, nursing and professional activities for women and men

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§ 15 Working Hours and Other Conditions

The services have working hours and other conditions , which make it easier for women and men to reconcile family, nursing and professional activities, in so far as they do not conflict with the need for service. The other framework conditions within the meaning of the first sentence may include opportunities for the care of children or persons in need of care, including appropriate advice and placement services. Non-official table of contents

§ 16 part-time employment, teleworking, mobile work and leave of absence for the exercise of family or nursing tasks.

(1) The services shall be subject to requests from employees with family or caring responsibilities for part-time or family-related part-time work or leave of absence, to the extent that compelling service concerns are not in conflict; this also applies in workplaces with supervisor or line tasks, regardless of the hierarchy level. Within the framework of the service possibilities, the services have to offer the employees with family or nursing tasks also teleworking places, mobile workplaces or family-or care-friendly work and attendance time models. The rejection of applications must be explained in detail in writing.(2) The services must indicate early in text form employees who submit a request for part-time employment, family or nursing-friendly working time models or leave of absence for the exercise of family or nursing duties:
1.
the consequences of an authorization, in particular in terms of official, labour, supply, and pension rights, and
2.
the option of a freeze option with extension option and its consequences.
(3) The services have to ensure that
1.
Employees whose application for part-time employment, family or care-friendly working time models or leave of absence for the perception of family or nursing tasks is positive , a reduction in the reduction of the working time of their duties and a reduction in the number of their duties, and
2.
from reduced working time to no (
)
provisions of the Part-time and Freezing Act on part-time employment and other statutory provisions relating to part-time employment or to the Leave of absence shall be unaffected by paragraphs 1 to 3. Non-official table of contents

§ 17 Change to full-time employment, re-entry into employment

(1) In the event of the same qualification, the following must be: Priority is given to the employment of jobs:
1.
Part-time working with family or nursing tasks, which is a full-time job, or apply for an increase in their weekly working time, as well as
2.
leave-of-leave employees who have performed family or nursing duties during the leave of absence
(2) The services have to facilitate the connection to the profession and the professional re-entry of employees on the basis of family or nursing tasks. In particular:
1.
the possibility of part-time employment according to the Federal Elternary and Parental Leave Act,
2.
the possibility of part-time employment under the parttime and fixed-term employment law, insofar as the nature of the activity does not exclude part-time employment,
3.
the timely information about advanced training opportunities,
4.
the offer to participate in training During or after the leave of absence as well as
5.
the offer of holiday and disease representatives.
(3) Participation in further training during the leave of absence Perception of family or nursing tasks is based on a claim to paid employment or work exemption after the end of the leave of absence. The duration of the paid service or leave of work depends on the duration of the training.(4) In good time before the expiry of a leave of absence for the purpose of carrying out family or nursing duties, the office shall have to hold personnel interviews with the employees concerned, in which the further professional development of the employees concerned is to be discussed. Non-official table of contents

§ 18 Prohibition of disadvantages

(1) The following circumstances may include the recruitment and professional development , including professional advancement, and in particular have no adverse effect on the service assessment:
1.
parttime work,
2.
Telework, mobile work, and participation in flexible work or work. Presence times,
3.
an existing pregnancy,
4.
pregnancy-or mutterity-related absences due to suspected employment bans,
5.
A leave of absence due to family or nursing duties.
This does not preclude the treatment of periods after the first sentence of 1 (1) other than the periods referred to in the first sentence of 1 (4) and (5).(2) Different treatment of part-time employment in relation to full-time employment is only admissible if there are compelling factual reasons justifying this. This applies to teleworking, mobile work and leave of absence due to family or nursing duties, with the exception of parental leave.(3) Absences due to pregnancy and mutterity on the basis of non-employment prohibitions as well as leave of absence due to family or nursing duties are to be taken into account in the calculation of waiting times for a carriage according to § 22

Section 5
Equal Opportunity Representative, Deputy and Confidence Commissioner

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§ 19 Election, Ordinance empowerment

(1) In each department with as a rule at least 100 employees, an equal opportunity officer and one Deputy elected. Sentence 1 shall also apply to the highest federal authorities, usually with fewer than 100 employees. The election of the Equal Opportunities Officer and the Vice-President shall take place in separate ballots in accordance with the general principles of electoral law. Re-elections are admissible. The female employees of the department are eligible and eligible to vote.(2) The female employees of a department without their own equal opportunity commissioner are entitled to vote at the next higher-level office.(3) By way of derogation from the first sentence of paragraph 1, administrations with a large business area may have fewer equal opportunity representatives elected, provided that it is ensured that the employees of the entire business unit are adequately covered by a Equal opportunity representatives will be represented.(4) Up to three substitutes are elected in departments with large responsibilities or complex tasks. This also applies to administrations with a large area of business, which make use of the derogation provided for in paragraph 3.(5) The Federal Government shall, without the consent of the Federal Council, regulate the procedure of the election referred to in paragraphs 1 to 4 without the consent of the Federal Council. Non-official table of contents

§ 20 Order

(1) The services order the selected employees for four years each. Equal opportunity officer or deputy. The order assumes that the selected employees do not belong to the staff or the disabled representatives.(2) If there is no candidate for the election of the Equal Opportunities Officer, or if no candidate is elected after the election, the department of office appoints the Equal Opportunity Officer from the circle of female employees on the grounds of his/her own motion. This requires the consent of the employees to be ordered.(3) Do not find sufficient candidates for the election of the deputies or are not elected enough candidates after the election, the office management appoints the deputies on the proposal of the Equal Opportunity Representative of Amts because of. This requires the consent of the employees to be ordered.(4) In the case of small services in accordance with § 19 (2), as well as for extensions and parts of a service which are located far from the office, a woman of confidence shall be appointed on a proposal from the responsible Equal Opportunities Officer. The appointment of the confidence women shall be subject to the consent of the female employees to be ordered. The confidence woman must be employees of the respective service, branch office of the service or of the respective service part. Non-official table of contents

§ 21 Choice of choice

(1) The choice can be challenged if there are a breach of essential rules , and the infringement has not been corrected. A ruling of the election shall be divorced if the result of the election could not be altered or influenced by an infringement of the essential provisions of the election.(2) Eligible shall be a group of at least three persons entitled to vote and the service branch.(3) The appeal must be made before the Administrative Court within twelve working days of the announcement of the results of the election. Non-official table of contents

§ 22 Premature exit

(1) If the equal opportunity commissioner leaves office early or not, it is not Temporarily prevented from exercising their duties, the office of office for the remainder of the term of office shall immediately appoint a new equal opportunity representative. § 19 shall not apply if the duration of the remainder of the term of office is two years or less.(2) If a deputy or a woman of confidence leaves her office prematurely or is not only temporarily prevented from exercising her office, the office of office, on the basis of a proposal from the Equal Opportunities Officer, shall have a post for the remainder of the term of office. to order a new deputy or a new trust woman. The second sentence of paragraph 1 shall apply accordingly.(3) In the event that both the Equal Opportunities Officer and all their deputy representatives are prematurely removed from their duties or are not only temporarily prevented from exercising their duties, new elections shall take place in accordance with § 19.(4) Prevention is not only temporary if the Office could not be exercised without interruption for more than six months on the basis of illness-related work or incapacity for work. Non-official table of contents

§ 23 merging, split and integration

(1) When you merge services into a new one The office of service shall end the term of office of the Equal Opportunities Officer and the Vice-President shall end at the latest one year after the meetings of the services. Until that date, the task division and perception shall be carried out by mutual agreement between the equal opportunity officers and the deputy. New elections in accordance with § 19 must be completed in good time before the end of one year after the services have been put together.(2) In the event of the division or division of a service into two or more departments, the term of office of the equal opportunity representative shall end and that of the deputies shall end at the latest one year after the completion of the organisation's act. The third sentence of paragraph 1 shall apply accordingly.(3) If a department is incorporated in another service, the term of office of the Equal Opportunities Officer and the Vice-President of the Incorporated Service shall end with the implementation of the Organizational Act. Non-official table of contents

§ 24 Legal status

(1) The Equal Opportunity Officer is a member of the Human Resources Administration and is directly responsible for the Service center assigned. In the case of supreme federal authorities, it is also possible to assign it to the central department.(2) The Equal Opportunities Officer shall be free of instructions in the performance of her duties. It may only be dealt with in its capacity as an equal opportunity commissioner with staff matters. Your power to draw up official assessments for the employees assigned to it (Section 29 (2)) remains unaffected by the second sentence.(3) The rights and obligations of the equal opportunity officers in accordance with paragraphs 1 and 2 as well as in accordance with § § 28 to 35 shall also apply to the deputies, insofar as this law does not determine anything else. Non-official table of contents

§ 25 Tasks, rights and duties of equal opportunity officers

(1) The Equal Opportunity Officer has the task of: promote and monitor the enforcement of this Act and of the General Equal Treatment Act with regard to the protection of employees against discrimination on grounds of their gender, in particular as regards the disadvantages of women. This also includes the protection of women who are disabled or threatened by a disability, as well as protection against sexual harassment in the workplace.(2) The tasks of the Equal Opportunities Officer include in particular:
1.
to assist the service in achieving the objectives of this law and the fulfilment of the objectives of this law. to promote general obligations under § 4,
2.
to participate in all personnel, organisational and social measures of the service which are responsible for the equality of Women and men, the elimination of underrepresentation, the reconciliation of family, care and professional activities, and the protection against sexual harassment in the workplace,
3.
To advise and support individual employees as needed, especially in the areas of professional development and promotion, as well as the compatibility of family, care and Professional activity as well as protection against disadvantages, and
4.
to take advantage of the advanced training provided in § 10 (5).
(3) Equal opportunity commissioner can conduct office hours and convene annual meetings of female employees. It shall inform the service branch in advance of the convening of an assembly in accordance with the first sentence. The Equal Opportunity Officer can take part in staff meetings and has a right to be a right of revelation there.(4) In the case of § 19 (2), the Equal Opportunities Officer of the next higher-level office shall also carry out the duties assigned to it under paragraphs 1 and 2 of this Article also for subordinate departments. Paragraph 3 shall apply accordingly.(5) The Equal Opportunities Officer of the supreme federal authority is responsible for the exchange of information and experience of the equal opportunity officers, alternates and trust women in their business area.(6) The Equal Opportunities Officer of a supreme court shall have the right to attend the meetings of the Presidential Council and its committees.(7) The task of the role of equal opportunity commissioner shall take precedence over the performance of other tasks. Non-official table of contents

§ 26 Tasks of the Deputy and the Confidence Woman

(1) The Deputy shall in principle be appointed in the case of a representative case .(2) By way of derogation from paragraph 1, the Equal Opportunity Officer may, with the consent of the deputy, transfer part of the duties according to § 25 for the purpose of independent execution. In the case of § 19 (4), the division of responsibilities between the equal opportunity commissioner and the deputy representatives shall be carried out by mutual agreement. A change or cancellation of the delegation decision in accordance with sentences 1 and 2 may be made by the Equal Opportunities Officer at any time without the consent of the deputy or the deputy. The second sentence of Article 24 (2) shall apply accordingly.(3) The deputy has to observe the gender equality guidelines set out by the Equal Opportunities Officer. The overall responsibility for the assignment of duties shall remain with the Equal Opportunities Officer.(4) The confidence woman is the contact person for the employees of the respective department, branch office or the relevant service part as well as for the responsible equal opportunity officer. It is responsible for communicating information between the employees and the Equal Opportunities Officer. If both the equal opportunity commissioner and her deputists are prevented, the confidence woman on behalf of the equal opportunity officer can attend interviews, special selection procedures or meetings of selection committees , the exercise of the right to participate in accordance with § 32 shall continue to be reserved in this case to the Equal Opportunities Officer. If the department makes use of the possibility in § 19 (3), the Equal Opportunity Officer of the confidence woman can also perform tasks for independent execution at the local office, branch office or the Transfer of service part. Non-official table of contents

§ 27 Participation and support of equal opportunity officers

(1) The office participates in the Equal opportunity officers early, especially at
1.
personnel matters; this concerns the preparation and decision on
a)
the allocation of apprenticeships,
b)
the setting and the secondment, translation and implementation of Employees for more than three months in each case,
c)
Training and career advancement of employees,
d)
the warning, initiation, and completion of a disciplinary procedure, including the preliminary service dismissal,
e)
Termination as well as cancellation contract, dismissal, retirement and comparable decisions
2.
organizational and social affairs,
3.
the drafting of assessment guidelines as well as the Meetings designed to ensure the uniform application of these directives in the department
4.
Procedures for filling bodies in accordance with the Bundesgremienstaffungsgesetz, unless an organizational unit is set up for equality between women and men in the office, as well as
5.
of the creation of the equality plan.
(2) An early involvement referred to in paragraph 1 shall be provided if the Equal Opportunity Officer is involved in the decision-making process on the side of the service and the decision or action in question is still capable of being designed.(3) The participation of the Equal Opportunities Officer is preceded by an participation procedure in accordance with the Federal Personalization Act and the Ninth Book Social Code; the procedure in accordance with § 32 (3) must be completed. If, contrary to the first sentence, there is a parallel participation of personnel or disabled persons, the Equal Opportunity Officer must be informed of the reasons. Non-official table of contents

§ 28 property rights

(1) The equal opportunity officer must not be disabled in the performance of their duties and due to their work as an equal opportunity representative is not disadvantaged or favoured in their professional development. In particular, it exercises its position without reducing its previous pay or its previous pay and takes part in the professional advancement as it would have done without taking over the office.(2) The Equal Opportunity Officer shall be relieved of any other activities to the extent necessary for the proper performance of her duties as an equal opportunity officer. In departments with as a rule fewer than 600 employees, the discharge is at least half of the regular working time of a full-time force. In the case of a number of persons employed, as a rule, at least 600 employees, the equal opportunity commissioner is relieved of a full-time power in the scope of the regular working time. If the Equal Opportunities Officer exercises part-time employment, the extent of the discharge of the deputy or of the alternates shall be increased accordingly; this shall apply irrespective of the requirements for discharge of the deputy in paragraph 5. If the Equal Opportunities Officer is responsible for more than one department in accordance with Article 19 (2), the total number of persons employed by all departments shall be determined for the amount of the discharge.(3) The departments have a fictitious remark of the professional development of the Equal Opportunity Offictives. This obligation shall apply irrespective of the extent of the discharge of the equal opportunities officers. The fictitious post-drawing serves as the basis for personnel selection decisions. The right to a fictitious remark of the service assessment pursuant to § 33 (3) of the Federal Railways Regulation remains unaffected. The services have to provide the Equal Opportunities Officer with a description of their duties as evidence of their work as an equal opportunity commissioner.(4) Before termination, dismissal and secondment, the Equal Opportunities Officer is protected as a member of the Staff Committee.(5) If the deputy is active in the case of representation in accordance with Section 26 (1), she shall be relieved of his duties as deputy of other activities at the beginning of the activity of representation in lieu of the equal opportunity representative. In the case of the first sentence of Article 26 (2), the deputy shall be replaced by up to a quarter of the regular working time of a full-time force in place of the equal opportunity representative. In the case of the second sentence of Article 26 (2), the granting of discharge to the alternates is in each case up to half of the regular working time of a full-time force; the amount of the discharge of the equal opportunity commissioner remains unaffected by this.(6) Confidence women shall be relieved of other activities to the extent necessary for the proper performance of their duties as an information intermediary. The discharge shall be at least one tenth and up to a quarter of the regular working time of a full-time force. Non-official table of contents

§ 29 Equipment

(1) The Equal Opportunity Officer is the necessary officer at the beginning of her term of office and until the end of her term of office. to provide personnel, spatial and factual equipment.(2) In the case of a number of employees of less than 1 000, the equal opportunity officer may be assigned to an employee or an employee. In a department with as a rule at least 1 000 employees, the equal opportunity officer shall be assigned to at least one employee or one employee.(3) The task of the staff is limited to the support of the Equal Opportunities Officer. Section 26 (4) sentence 3 shall apply accordingly.(4) The Equal Opportunities Officer shall receive a monthly endowment fund. The level of the endowment fund of the equal opportunity representative fully discharged by other tasks shall be equal to the amount of the allowance for members of staff councils who have been exempted from their duties, Total staff councils, county staff councils and main staff councils. The Equal Opportunity Officer, which is partially relieved of other tasks, receives a disposal fund, which corresponds to the proportion of her discharge. The Regulation on the amount of compensation for staff members exempted from the service of the 18. July 1974 (BGBl. 1499), as defined by Article 7 of the Law of 3. December 2001 (BGBl. 3306), it shall apply accordingly. Non-official table of contents

§ 30 Cooperation and information

(1) The service management team and the equal opportunity commissioner work for the benefit of the Employees and in order to fulfil the objectives set out in § 1.(2) The Service Director shall assist the Equal Opportunities Officer in the performance of her duties and the exercise of her rights of participation by informing the Equal Opportunities Officer, in particular, without delay and comprehensively. The documents required for the performance of their tasks, in particular application documents, comparative overviews and selection notices, must be submitted at the earliest opportunity and the information requested should be provided. The mission management is to give the equal opportunity representative an opportunity to participate actively in all decision-making processes on personnel, organisational and social matters and to exchange information and experience of the Support gender equality officers with other equal opportunities officers.(3) The Equal Opportunities Officer shall have the right to inspect the relevant parts of personnel files, insofar as knowledge of the contents of the files is necessary to fulfil their duties. Non-official table of contents

§ 31 Obligation to Confidentiality

The Equal Opportunities Officer and her deputies, the employees Employees and the confidence women are, in terms of the personal circumstances of the employees and other confidential matters in the service, from the time of their order and beyond the time of their order to the Committed to silence. Non-official table of contents

§ 32 Form of participation and step-sharing

(1) The Equal Opportunity Officer has the right and the duty to: directly to the service centre. It has a right of initiative in all matters which are subject to its participation in accordance with Article 25 (1) and Article 27 (1). The Office shall decide on an own-initiative request within a reasonable period of time, no later than one month. In exceptional cases, the final decision shall be taken after three months. The decision shall be communicated to the Equal Opportunities Officer in text form.(2) The participation of the equal opportunity officers is regularly carried out by vote, which is to be taken to the files. The vote shall be made within ten working days of receipt of the notification of the proposed measure or decision in text form; the vote may be taken by agreement with the Equal Opportunities Officer. Only in cases of special urgency may the time limit for the delivery of the vote be reduced to three working days. If, within ten working days or in the case of sentence 3, the equal opportunity officer has not delivered a vote within three working days, the measure or decision envisaged shall be deemed to have been approved.(3) If the Office does not follow the Equal Opportunities Officer's vote, it shall inform the Equal Opportunity Officer of the reasons for non-compliance when the Equal Opportunities Officer has requested this in the delivery of the vote. The communication by the office shall be made in text form within 15 working days from the date of receipt of the vote.(4) Where decisions are taken in departments for subordinate departments, each department involved shall have the equal opportunity officer responsible for them, in accordance with Articles 25, 27 and 30 and in paragraphs 1 and 2 of this Annex, to the relevant service representative of the Commission. partial procedures pending. The vote of the Equal Opportunity Officer of the subordinated office, drafted in text form, together with the other documents relevant to the decision, is the next higher office and from the next higher office of the office To submit an equal opportunity representative. In the case of personnel matters, the rates 1 to 3 shall apply in the event that the staff-working department and the employment service are not identical. The first sentence shall also apply where operations involving the tasks of the equal opportunity officer referred to in paragraph 1 are dealt with with effect for another service, which is not a subordinate service pursuant to section 25 (4).

footnote

(+ + + § 32 Abs. 4: For use, see Section 37 No. 8 + + +) Non-official table of contents

§ 33 Right of appeal and opposition proceedings

(1) The Equal Opportunities Officer has a right of objection to the service branch if it asserts that the service has not created a plan for equality
1.
contrary to § 12 (1) or the time limit according to § 12 (2) is seriously violated,
2.
creates an equality plan, which does not meet the requirements of § 13,
3.
contrary to § 27, paragraph 1, point 5, the Equal Opportunity Officer does not participate in the creation of the equality plan,
4.
contrary to § 14, the equality plan is not announced,
5.
Equal rights commissioners rights infringes or
6.
violates other provisions of this law or other provisions on equality between women and men.
(2) The An objection shall be filed in writing to the service management board within one week of access of the justification pursuant to § 32 (3). He has suspensive effect. The provisions of Section 80 (2), first sentence, point 4 and paragraph 3 of the Administrative Court of Justice shall apply accordingly. In the event of immediate enforcement, the Service Director shall immediately inform the Equal Opportunities Officer.(3) The service branch shall decide on the objection within one month of receipt of the opposition. If it considers the objection to be justified, the measures in question and their consequences shall be corrected and the results of the opposition shall be taken into account in other similar cases.(4) If the service management board considers the opposition to be unfounded, it shall immediately submit it to the next-higher service branch. In the case of self-employed federal bodies, institutions and foundations without a multi-level administrative structure, the opposition shall be submitted in accordance with their board of directors or management. The decision of the next higher-level department, the management board or the management shall be made in accordance with paragraph 3.(5) The decision on the objection shall be given in writing and shall be transmitted immediately to the equal opportunity representative. Non-official table of contents

§ 34 Court proceedings

(1) If the objection in accordance with § 33 is unsuccessful, the Equal Opportunities Officer may Call the Administrative Court. Prior to this, the Equal Opportunities Officer or the Department of Service shall undertake a further out-of-court settlement attempt. The Court of First Instance shall be called within one month after the Equal Opportunities Officer or the Service has written in writing of the failure of the out-of-court trial. The call has no suspensive effect.(2) The appeal of the court can only be based on the fact that the service office
1.
has violated the rights of the equal opportunity officer or
2.
has created a gender equality plan that does not meet the requirements of § § 12 to 14.
(3) By way of derogation from the third sentence of paragraph 1, the court's appeal may also be called if: has not been objectively decided on the objection without sufficient reason within a reasonable period of time. Section 75, sentences 2 to 4, of the Administrative Tribunal shall apply accordingly.(4) The office shall bear the costs incurred by the equal opportunity officer on the basis of legal remedies under paragraphs 1 or 2. Non-official table of contents

§ 35 Question Time

(1) In order to clarify matters of fundamental importance, in particular the interpretation of this law, The Equal Opportunities Officer and the Vice-President are directly addressed to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth. Personal data of employees may only be transmitted to the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth with the consent of the employees concerned.(2) Questions referred to in paragraph 1 shall be answered within one month. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is responsible for its response from the relevant top federal authority. Non-official table of contents

§ 36 Interministerial working group of equal opportunity officers

The equal opportunity officers of the top Federal authorities together form the Interministerial Working Group of Equal Opportunity Representatives of the Supreme Federal Authorities. The working group regularly informs the equal opportunity officers from the business units about his work. The possibility of setting up other working groups to coordinate the work of equal opportunity officers within the scope of this law remains unaffected by sentences 1 and 2.

Section 6
Special Rules, Statistics, Report and Transitional Provisions

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§ 37 Special regulations for the Federal Intelligence Service

For the Federal Intelligence Service, this law applies with the following deviations:
1.
The Federal Intelligence Service is considered to be a uniform Service where no trust women are ordered,
2.
§ 6, paragraph 2, sentence 2 is not applicable,
3.
§ 14 sentence 1 does not apply; the employees of the Federal Intelligence Service are entitled to the equality plan in the posts designated by the personnel administration
4.
Soldatinnen employed by the Federal Intelligence Service are actively entitled to vote in accordance with § 19 (1),
5.
Soldatinnen and soldiers working with the Federal Intelligence Service are considered to be the employees of the Equal Opportunities Officer appointed there Federal Intelligence Service, insofar as its management or the Federal Chancellery is responsible for the decision in the personnel, social or organisational matters of this group of persons,
6.
in the exchange of information and experience of equal opportunity officers in accordance with § 25 Paragraph 5, the security regulations applicable to the Federal Intelligence Service are to be found ,
7.
A vote by the Equal Opportunity Officer of the Federal Intelligence Service, which he has issued pursuant to § § 25, 27 and 32, is the Federal Chancellery insofar as decisions for the Federal Intelligence Service are taken in the Federal Chancellery and the Equal Opportunities Officer of the Federal Chancellery is not to be involved in this regard,
8.
§ 32 (4) and § 38 (1) sentence 4 are not applicable,
9.
the equal opportunity commissioner is required the receiving of the service, if, in the case of § 35, a matter is to be treated as classified,
10.
in the case of special Security incidents or a special situation in which the Federal Intelligence Service is wholly or partly affected, shall be subject to the rights and duties of the Equal Opportunities Officer; the beginning and the end of the fame shall be the responsibility of each of the members. of the Federal Intelligence Service, in agreement with the head of the Federal Chancellery or the head of the Federal Chancellery.
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§ 38 Statistics, Regulation empowerment

(1) Each office shall cover every two years the number of all women and men employed in the department, as well as the number of women and men according to the following criteria:
1.
single areas according to § 3, point 2,
2.
Full and part-time employment,
3.
Use of a leave of absence due to family or care tasks,
4.
Application, setting and career advancement,
5.
professional advancement of employees who have taken leave of absence due to family or nursing duties, and from those employees who have not taken advantage of such measures,
6.
the number of supervisor or line functions in full-and Part-time employment.
The data set out in the first sentence of 1 to 3 and 6 are for 30 years. The data referred to in points 4 and 5 of the first subparagraph shall be recorded for the period of 1 June of the reference year. July of last year until 30. June of the reference year. The data of the subordinated federal authorities as well as those of the indirect federal service are up to the 30. to report to the supreme federal authority or the top supervisory authority. The Federal Statistical Office (Statistisches Bundesamt) is reporting the highest federal authorities up to the 31. The data of the respective business unit as well as the combined data of the indirect federal administration under their legal supervision are compiled in December.(2) Each supreme federal authority shall record annually the number of all women and men employed in the top federal authority, as well as the number of women and men according to the following further criteria:
1.
higher service runway group,
2.
single levels with supervisor or line tasks including the political line offices,
3.
Full-time and part-time employment, even for employees with executive or managerial responsibilities,
4.
Use of a leave of absence due to family or care tasks,
5.
professional Rise.
The data set in the first sentence of 1 to 4 is 30. The data referred to in the first subparagraph of paragraph 5 shall be recorded for the period of 1 June of the reference year. July of the previous year up to the 30th June of the reference year. The report is sent to the Federal Statistical Office up to the 30. to be made in September.(3) The Federal Statistical Office, on behalf of the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth
1.
every two years, produces a statistic on the basis of paragraph 1. the data collected by the services (gender equality statistics) and forwards them to the supreme federal authorities,
2.
annually an index from the data collected in accordance with paragraph 2 the supreme federal authorities (equality index) and publish them up to the 31. December.
(4) The Federal Government, without the consent of the Federal Council, regulates the individual requirements for the collection and communication of the statistical data without the consent of the Bundesrat. Human resources statistics in accordance with the Financial and Human Resources Statistics Act, as amended by the 22. February 2006 (BGBl. 438), as last amended by Article 1 of the Law of 22. May 2013 (BGBl. 1312), has to be taken into account. The legal regulation in accordance with the first sentence restricts the circle of departments subject to the obligation to participate in the necessary. The legal regulation may also include provisions relating to the content, preparation and annual updating of the annexes to the regulation.

Footnote

(+ + + § 38 (1) sentence 4: For the application, see § 37 No. 8 + + +) Non-Official Table of Contents

§ 39 Report

(1) The Federal Government shall submit a report to the German Bundestag every four years on the situation of the Women and men in the services according to § 3 point 5 (Report on the Federal Employment Equality Act). The basis of the report shall be the data collected in accordance with § 38 (1) and (2). The highest federal authorities have the necessary information to do so.(2) The report shall specify the extent to which the objectives of this law have been achieved and the law has been applied. It has exemplary equality measures for individual departments. The report shall not contain any personal data.(3) The report shall be drawn up by the Interministerial Working Group of the Equal Opportunities Officer of the supreme federal authorities. Non-official table of contents

§ 40 Transitional provisions

(1) The equality plan referred to in Section 3 is for the first time as 31. December 2015. This shall not apply if the period of validity of the equality plan is 1. May 2015 is still more than two years.(2) The data to be collected for the first time for equality statistics in accordance with § 38 (1), first sentence, number 1 to 3 and 6 shall have the reference date 30. June 2015, the data referred to in § 38 (1), first sentence, points 4 and 5 refer to the period of 1. July 2013 to 30. June 2015. The data to be collected for the equality index for the first time in accordance with § 38 (2), first sentence, number 1 to 4 shall have the reference date 30. June 2015, the data referred to in Article 38 (2), first sentence, point 5, refer to the period of 1. July 2014 to 30. June 2015.(3) Before 1. May 2015 appointed Equal Opportunities Officer, Deputy and Confidence Women remain as Equal Opportunities Officer, Deputy and Confidence Women in Office. New elections for the non-occupied offices of the deputies pursuant to § 19 (4) shall take place without delay in services with large areas of responsibility or complex tasks.