Read the untranslated law here: http://www.gesetze-im-internet.de/bpersvg/BJNR006930974.html
Federal staff representation Act (BPersVG) BPersVG Ausfertigung date: 15.03.1974 full quotation: "federal staff representation Act of 15 March 1974 (BGBl. I S. 693), most recently by article 3 paragraph 2 of the law of 3 July 2013 (BGBl. I S. 1978) is changed" stand: last amended by art. 3 par. 2 G v. 3.7.2013 I in 1978 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 15.6.1980 +++) (+++ requirements due to EinigVtr cf. BPersVG annex EV +++) table of contents part one staff organizations the Federal Government first chapter General provisions sections 1 to 11 Chapter staff Council, representation of levels of, General personnel Council, sections 12 to 56 of first staff meeting section choice and composition of the staff Council of sections 12 to 25 second section term of Council of staff in sections 26 to 31 third section Executive of Council of staff sections 32 to 45 fourth section legal status of the members of the personnel board §§ 46 , 47 fifth section staff meeting of sections 48 to 52 sixth section levels representatives and staff of Directors sections 53 to 56 third chapter Youth Council and Youth Assembly sections 57 to 64 fourth chapter representation not constantly employed § 65 Fifth chapter participation of the staff of §§ 66 to 82 of first section general sections 66 to 68 second section forms and procedures for participation and participation sections 69 to 74 third section matters, in which the staff Council to participate is participation of stage representations and the entire staff of Directors article 82 articles 75 to 81 fourth section sixth chapter
Judicial decisions §§ 83, 84 seventh chapter rules for special administrative branches and the handling of classified sections 85 to 93 second part staff representatives in the countries first chapter of framework legislation for the provincial legislature sections 94 to 106 chapter directly for the countries regulations sections 107 to 109 third part penal provisions (fallen away) part four final provisions articles 112 to 119 input formula of the Bundestag with the consent of the Federal Council the following law decided : First part of staff representatives are formed the Federal Government first chapter General provisions § 1 in the administrations of the Federal Government and federal authorities, establishments and foundations under public law, as well as in the courts of the Federal staff representatives. Also the operating administrations include the administrations in the meaning of this Act.
§ 2 work with confidence and with the cooperation (1) departments and staff in accordance with the laws and collective agreements with the trade unions represented in the Office and employer associations for the benefit of employees and to the fulfilment of the tasks incumbent upon the Department.
(2) to carry out the tasks referred to in this Act and powers of trade unions represented in the services, access to the services is representatives after disclosure of the Dienststellenleiters or his representative to grant, where the conflict not unavoidable necessities of the service process, mandatory safety regulations or the protection of official secrets.
(3) the tasks of the trade unions and the associations of employers, in particular, the perception of the interests of their members, are not affected by this law.
§ 3 by collective agreement will otherwise be governed by this law the staff right.
§ 4 (1) is employed in the public service within the meaning of this law the officials and workers including their vocational training are on one of the authorities referred to in article 1 employees, as well as judges, or are seconded to the perception of a non judicial activity to the federal courts.
(2) a person who is an official, determine the civil servants law.
(3) number of employees within the meaning of this law are workers who are employees under the collective agreement governing the services or to the regulations or who are employed as higher employee. Also employees undergoing professional training are regarded as employees.
(4) (dropped out) (5) as workers within the meaning of this law are not 1 people, whose employment is predominantly determined by motives of charitable or religious nature 2 persons is, mainly to their healing, again settling, moral improvement, or education are employed.
The officials and workers form section 5 per a group. The judges referred to in article 4, paragraph 1 become the Group of officials.
§ 6 (1) services within the meaning of this law are the individual authorities, administrative bodies and establishments of the authorities referred to in paragraph 1 and the courts.
(2) a public authority of middle school directly subordinate authority forms with their subordinate bodies a Department; This does not apply, also the further downstream in the administration building are independent responsibilities and organization. Authorities of junior high in the meaning of this law are the Supreme Administrative authority directly subordinate authorities, other departments are subordinated.
(3) extensions and parts of a service center, which located geographically far from this, are considered independent services, if the majority of its eligible workers so decides in a secret ballot. The decision is effective for the following election and term of the staff resulting from her.
(4) in the case of common service offices of the Federation and other bodies only the Federal Government considered employees to the services part.
Its Director is section 7 for the services. He can be represented in prevention through its permanent representatives. Top service authorities, he can determine the appropriate head of Department to his representative also the head of the Department for personnel and administrative matters, federal upper authorities without subordinate departments and authorities of the intermediate. The same applies to other officers unless the staff Council agrees with this assignment.
Article 8 persons who perform duties or powers under this Act, may be; is not hindered and not disadvantaged because of their activities or favors This also applies to their professional development.
§ 9 (1) the employer intends to assume a proportionate vocational training according to the vocational training Act, the nursing Act, or the midwife law employees (trainees), who is a member of staff or a youth and apprentice representation, after successful completion of the training ratio not in an employment relationship for an indefinite period, he shall in writing this three months prior to termination of the training the trainees.
(2) requires a trainee named in paragraph 1 within the his continued employment last three months prior to termination of the training in writing by the employer, an employment relationship for an indefinite period between the trainee and the employer following the successful training ratio shall be deemed justified.
(3) paragraphs 1 and 2 apply even if the training before the expiry of one year after termination of the term of staff or the youth and trainee representative successfully ends.
(4) the employer termination of vocational training in the administrative court may request at the latest up to the expiry of two weeks after 1 to determine that an employment relationship is not established by paragraphs 2 or 3, or the labour relations after paragraphs 2 or 3 terminate 2, if there are facts, on the basis of which the continued employment would be unreasonable the employer, taking into account all the circumstances. In the proceedings before the Administrative Court, the Staff Committee, a member of the youth and trainee representative is involved in this.
(5) the provisions of paragraphs 2 to 4 are to apply regardless of whether the employer of its obligation pursuant to paragraph 1 is complied.
Article 10 (1) persons who perform duties or powers under this Act or have perceived, have about the known issues and facts silence to keep them. Apart from the cases of § 68 para 2 sentence 3 and of article 93, the duty of confidentiality does not apply to members of staff and youth and apprentice representation compared to the other members of the representation and of the persons referred to in sentence 1 to the competent staff; It is not applicable also against the superior services, levels representing educated with her and to personnel directors. Sentence 2 shall apply also for the invocation of the conciliation.
(2) the duty of confidentiality does not exist for matters or facts that are obvious or require their importance for any secrecy.
§ 11 an official on the occasion of the exercise of rights or performance of obligations under this Act suffers an accident which would be a service accident in the bibliographical accident care provisions, these provisions apply mutatis mutandis.
Second chapter staff Council, representation of levels of, staff directors, staff meeting first section choice and composition of the staff Council § 12 (1) in all the departments, employing at least five eligible voters, of which three are selectable, staff councils are formed.
(2) departments, where the conditions of in paragraph 1 are not provided, allocated by the parent departments in consultation with the levels of representation of a neighboring departments.
Article 13 (1) all employees who have completed 18 years of age on the pre-election are entitled to vote, except that they do not have the right to choose in public affairs or to vote as a result Richter saying. Employees who are on leave for more than six months, eliminating the references on the pre-election, are not entitled to vote.
(2) a person who is seconded to a Department, is entitled to vote in it, as soon as the delegation has taken three months longer than; at the same time, he loses the right to vote at the old station. This does not apply to workers who are exempted as members of representation of levels of or of the Joint Staff Council. Also, sentence 1 does not apply if it is established that the workers in the old Office for another six months will return. In terms of the loss of the right to vote at the old station, sentences 1 and 3 in cases of assignment according to § 29 of the federal civil servants act or on the basis of appropriate employment agreement apply.
(3) officials in the preparatory service and employees in appropriate training are entitled to vote only at their root authority.
Section 14 (1) all eligible voters who belong to the Division of their supreme administrative authority on the pre-election 1 for six months and 2 for a year in public administrations or of these listed companies are engaged are selectable.
It is not selectable, who has the ability, rights of public elections to gain, not as a result Richter saying.
(2) the persons referred to in article 13, paragraph 3 can be selected not in representation of levels of.
(3) you are ineligible for the staff in her Department in section 7 people referred to as well as employees who are authorized to make independent decisions in personnel matters of the Department.
§ 15 (1) is the Supreme authority of the service or the service less than a year, so it requires for the eligibility not the requirement of § 14 para 1 No. 1 (2) which requirement of § 14 para 1 is eliminated No. 2, if not at least five times as much choice workers were present, as according to §§ 16 each group and to select 17.
Section 16 (1) the staff Council consists in departments with usually 5 to 20 eligible employees of a person, 21 electors up to 50 employees from three members, 51 to 150 employees from five members, 151 to 300 employees from seven members, 301 to 600 workers nine members, 601 to 1,000 employees of eleven members.
The number of members increased in departments with 1,001 to 5,000 employees by two for ever more prisoners at 1,000, with 5.001 and to two for each partial 2.000. (2) the maximum number of members is thirty more workers.
Article 17 (1) members of groups are busy in the Office, so each group must be represented according to their strength in the staff Council, if it consists of at least three members. At equal strength of the groups, the lot decides. Is a group of their right, represented in the staff Council to be, no use, so lose their claim to representation.
(2) the selection board calculated the distribution of seats on the groups according to the principles of proportional representation.
(3) a group receives at least in less than 51 groups of nationals a representative at 51 to 200 of members of the group two representative at 201 to 600 of group members three representatives, 601 to 1,000 members of the Group four representatives, with 1,001 to 3,000 of members of the Group five representatives, at 3,001 and more members of the Group six representatives.
(4) a staff Council, three members are provided for in article 16, paragraph 1, consists of four members, if a group is one of at least as many employees as the other two groups together. The fourth member is entitled to the strongest group.
(5) a group, usually not more than five employees, receives a representation only if it includes at least one-twentieth of the employees of the Department. She receives no representation and groups selection takes place, so any members of this group can connect by declaration to the Electoral Committee of another group.
(6) the staff Council is to consist of representatives of the various types of jobs.
(7) the sexes should be represented in the staff Council according to the ratio of the numbers.
Section 18 (1) the distribution of members of the staff Council on the groups assignable by way of derogation of article 17, if each group decides before the election in a separate secret ballot.
(2) for each group, also members of other groups may be proposed. That are selected as representative of the group for which they have been proposed. Sentence 2 shall apply also for replacement members.
Article 19 (1) the personnel board is elected in direct and secret election.
(2) the personnel Board consists of more than one person, so the officials and workers elect their representatives (article 17) in separate ballots, except that the voting members of each group before the election to decide the common choice in separate secret votes. The decision requires a majority of votes of all eligible voters of each group.
(3) the election is carried out according to the principles of proportional representation. Is only a proposal is filed, person election takes place. In services, the personnel Board consists of one person, this is elected with a simple majority. The same applies to groups that only one representative in the staff Council is entitled to.
(4) for the election of the staff Council, eligible workers and the trade unions represented in the Office can make nominations. Every proposal of workers by at least one-twentieth of voting members of the group, must be signed at least by three electors. In any case, the signing of 50 group employees who are eligible to vote is sufficient. Not selectable according to § 14 para 3 employees may make any election proposals, or sign.
(5) is common choice has been decided, each proposal of employees by at least one-twentieth of eligible employees must be signed; Paragraph 4 sentence 2 to 4 shall apply mutatis mutandis.
(6) group-foreign applicants are proposed in joint election for a group, the nomination of at least one-tenth of the voting members of the group must be signed, for which they are proposed. Paragraph 4 sentence 3, 4 shall apply mutatis mutandis.
(7) every employee can be named only on a nomination.
(8) no personal advice is a service center, so the trade unions represented in the Office can make nominations to the choice of the staff Council. On these nominations, you are not to apply paragraphs 4 to 6.
(9) any nomination of a Union must be signed by two officers; the representatives must be employees of the Department and belong to a Trade Union represented in the Department. In case of doubt on the assignment, the Election Committee may require that the Union confirmed the appointment.
No later than eight weeks before the expiry of the term of the staff Council ordered § 20 (1) three voters as Election Committee and one of them as Chairman. Members of groups involved in the services each group in the Election Committee must be represented. The Department has female and male workers, women and men should belong to the Election Committee. According a representative of trade unions represented in the Department is entitled to participate in the sessions of the selection board with an advisory vote.
(2) No Election Committee consists six weeks before expiry of the term of Office of the staff Council, the head of the Department at the request of at least three electors, a Trade Union represented in the Office shall convene a staff meeting for the election of the election Board. Paragraph 1 shall apply mutatis mutandis. The staff Assembly elects a Chairman of the meeting itself.
No personal advice is a service center, which meets the requirements of article 12, § 21, the head of Department shall convene a staff meeting for the election of the election Board. Article 20, paragraph 2, sentence 3 shall apply accordingly.
Section 22 not held a staff meeting (article 20 para 2, § 21) or no Election Committee staff, the Assembly elects, so the Manager ordered him the services at the request of at least three electors, a Trade Union represented in the Department.
Section 23 (1) which has Electoral Committee immediately to initiate the election; It will take place at the latest after six weeks. The selection board does not fulfil this obligation, the head of the Department at the request of at least three electors, a Trade Union represented in the services convene a staff meeting to select of a new selection board. Article 20, paragraph 2, sentence 3 and article 22 shall apply mutatis mutandis.
(2) immediately after the election the Election Committee makes public the tallying of votes, determines which result in a transcript and it announces the members of the Department by posting them. A copy of the transcript is to send the head of unit and the trade unions represented in the Department.
(1) No person shall interfere with the choice of the staff Council or influence in a manner against good morals. In particular, no voter in the exercise of active and passive suffrage should be limited. § 47 para 1, 2 sentences 1 and 2 shall apply for members of the selection board and election candidates accordingly.
(2) the costs of the choice is the services. Necessary failure of working hours as a result of the exercise of the right to vote, staff meetings referred to the participation in the in the articles 20 to 23 or the activity in the Election Committee has no reduction of the remuneration or of work remuneration resulted. Article 44, paragraph 1, sentence 2 and article 46, paragraph 2, sentence 2 shall apply mutatis mutandis to the members of the selection board.
§ 25 at least three eligible voters, each Union represented in the Office or the head of the Department can within a period of 12 working days, calculated from the day of the announcement of the election results on the choice in the administrative court challenge, if the eligibility or the election process has been violated essential regulations on the right to vote, and a correction is not made, unless, of course, that by the violation of the election result could not be changed or influenced.
Second section term of Council of staff section 26 the regular term of Office of the staff Council is four years. The term begins with the day of the election or, if there is at this time still a staff Committee, with the expiration of his term. It ends at the latest on 31 May of the year in which according to article 27, paragraph 1, the regular staff Council elections take place.
Footnote (+++ article 26: to the application see section 116B set 1 and 3 F. from 10.7.1989 +++) section 27 (1) the regular staff Council elections take place every four years in the period from 1 March to 31 May.
(2) outside this time, the staff Council is to choose when 1 with twenty-four months, reckoned from the day of the election, the number of regular employees to the half, but at least is increased to 50 or dropped, or 2. the total number of members of the staff Council has dropped even after occurrence all alternate members to more than a quarter of the number prescribed or 3. the staff Council with a majority of its members has decided his resignation or 4. the staff Council by court decision is resolved or no staff Council consists 5 in the Office.
(3) in the cases of paragraph 2 the staff Council, the business continues No. 1 to 3, until the new staff Council is elected.
(4) an existing in the services group, which was previously represented in the staff Council is represented by a member of the staff Council, to select new members of this group.
(5) outside the period laid down for the regular staff Council elections a staff Council election took place, the staff Council shall in the next period of regular staff Council elections to choose on the choice. The term of Office of the staff Council at the start of the period laid down for the regular staff Council elections yet not one year amounted to, the staff Council shall in the next period of regular staff Council elections to choose.
Footnote (+++ § 27 para 1 and para. 2 No. 1: to the application see section 116 b F. from 10.7.1989 +++) section 28 (1) on request of a quarter of the electorate or a Trade Union represented in the Office can decide the administrative court the exclusion of a member from the staff Council or the resolution of Council of staff due to gross neglect of its legal powers or gross breach of its legal obligations. The staff Council can request the exclusion of a member for the same reasons. The head of Department may request the exclusion of a member from the staff Council or the resolution of Council of staff because of gross breach of its legal obligations.
(2) the staff Council is dissolved, the President of the specialized Chamber of the Administrative Court enters an Election Committee. This one has to initiate a new election without delay. Until new elections, the Election Committee performs to the staff Council powers pursuant to this Act and duties.
Section 29 (1) membership in the staff Council is extinguished by 1 expiration of the term, 2. resignation of the Office, 3. termination of employment, leaving the station 4., 5. ineligibility except in the cases of § 14 para 2 sentence 1, 6 Court decision under section 28, 7 finding after expiry of the period referred to in article 25, that the elected was ineligible.
(2) the membership of the Staff Committee is not affected by a change of the group membership of a Member; This remains the representatives who voted for it.
§ 30 the membership of a civil servant in the staff Council rests, as long as the leadership of the service business prohibited him or he temporarily relieved of service due against him pending disciplinary is.
Article 31 (1) a member resigns from the personnel board, so occurs a replacement member. The same applies if a Council of staff member is temporarily indisposed.
(2) the alternate members are taken from non-elected employee of suggestion lists in turn belong to the members to be replaced. The eliminated or prevented Member with a simple majority is selected, so the not selected employees with the next highest number of votes as a substitute member occurs.
(3) section 29, paragraph 2 shall apply accordingly when changing group membership before entry of the replacement member in the staff Council.
(4) in the case of section 27, paragraph 2, no. 4 do not enter alternate members.
Third section Executive of Council of staff in section 32 (1) the personnel board forms from among its members the Board of Directors. This must be a member of each group represented in the staff Council. The representatives of each group select the Board Member attributable to it. The Board manages the current affairs.
(2) the staff Council by simple majority determines which Board Member assumes the Presidency. He determines the representation of the Chairman at the same time by his deputies. While the groups are taken into account, which does not belong to the President unless the representatives of these groups to refrain.
(3) the Chairman represents the staff Council within the framework of this decisions. In matters affecting only one group, the Chairman represents the staff Council if he heard not even this group, together with a member of the Board members of the group.
The staff Council has section 33 11 or more members, so he selects two more members to the Board from among its members by a simple majority vote. Are elected members of the human resources Council from proposal list with different names and members from those list are not represented in the Board of Directors that the second-largest number, but at least got one-third of all votes cast by the members of the Department, is to select one of the other Board members from this list.
At least six working days after the pre-election electoral Committee has section 34 (1) to convene the members of the staff Council to carry out of the prescribed elections and to manage the session, until the personnel Board has appointed a returning officer from among its members.
(2) the Chairman of the staff Council called on the further meetings. He sets the agenda and leading the negotiations. The Chairman has to invite the members of the staff Council to the meetings in a timely manner under notification of the agenda. Sentence 3 shall apply also for the charge of the severely disabled representation, the members of the youth and apprentice representation and of representatives of not constantly employed, as far as a right to participate in the session they have.
(3) at the request of a quarter of the members of the staff Council, which has majority of the representatives of a group, the head of the unit, in matters affecting particularly schwerbeschädigte workers, of the confidence man of the people with disabilities or in matters affecting particularly the workers referred to in article 57, the majority of the members of the youth and trainee representative the Chairman to convene a session and the subject, whose advice requested is , to put on the agenda.
(4) the head of the Department participates in the meetings that are scheduled at his request, and in the meetings which he is expressly invited.
Article 35 the meetings of the staff Council shall not be public; they take place usually during working hours. The staff Council has to take into account in the timing of its meetings on the official requirements. The head of the Department is to communicate the date of the meeting.
36. at the request of one-fourth of the members or the majority of a group of Council of staff an officer of a Trade Union represented in the staff Council may attend advice meetings; in this case, the date of the meeting and the agenda of the Union are to be communicated in a timely manner.
Section 37 (1) of the staff Council decisions are taken with a simple majority of the members present. Abstention shall be considered as a refusal. Vote, a proposal is rejected.
(2) the staff Council is only quorate if at least half of its members are present; Delegation by alternate members is allowed.
Section 38 (1) on the common Affairs of officials and workers will discuss the human resources Council and decided.
(2) in matters affecting only the members of a group, only the representatives of this group for decision are called after joint consultation of the staff Council. This does not apply for a group that is not represented in the staff Council.
(3) paragraph 2 shall apply accordingly for matters affecting only the members of two groups.
The majority of the representatives of a group considered section 39 (1) or so is a staff Council considered a significant prejudice of important interests of the youth and trainee representative by represented employees, their application the decision for a period of six working days from the date decision to suspend. In this period he to try, where appropriate, with the help of Council staff or the youth and trainee representative represented trade unions, an understanding among the members. The suspension of a decision pursuant to sentence 1 has no extension of a time limit to the result.
(2) after the expiry of the deadline is to decide on the matter. Is the first decision is upheld, so the request for suspension cannot be repeated.
(3) paragraphs 1 and 2 shall apply mutatis mutandis if the severely disabled representation considers a decision of Council of staff as a significant impairment of important interests of people with disabilities.
Section 40 (1) a representative of the youth and trainee representative, called by this and the severely disabled representation can participate in all meetings of the staff Council advice. The entire youth and trainee representative can participate in the treatment of matters affecting particularly the workers referred to in article 57, an advisory capacity. Decisions of the staff Council, affecting mainly the employees referred to in section 57, have the youth and trainee representative voting.
(2) on the treatment of matters affecting particularly the not constantly employed, you can participate in article 65, paragraph 1 designated representative with an advisory vote.
Section 41 (1) of any proceedings of the staff Council is to record a transcript that contains at least the wording of the decisions and the majority of votes, they are ready. The minutes shall be signed by the Chairman and one other Member. An attendance list is the transcript to be attached, in which each participant to enter by hand has become.
(2) have the head of the Department or officers of trade unions participated in the session, the corresponding part of the transcript is them so received be forwarded to. Objections to the minutes are to rise immediately in writing and be attached to the minutes.
§ 42 other provisions relating to the Board of Directors can be made in rules of procedure, the staff Council with a majority of its members.
The staff Council may establish § 43 office hours during working hours. He determined time and place in agreement with the head of the Department.
Section 44 (1) bear the costs incurred by the staff Council's activities the services. Members of the staff Council for trips that are necessary for the fulfilment of their tasks, travel expenses under the Federal travel Act.
(2) for the sessions, the Office hours and the day-to-day management, the services in the required amount has rooms to provide the needs of the business and Office staff.
(3) suitable places for announcements and attacks are provided in all departments the staff Council.
Article 45 the staff Council may raise no posts for its own purposes by employees or accept.
Fourth section status of section 46 (1) Staff Council members the Council of staff members lead Office free of charge as volunteering.
(2) failure of working time that is required for the proper implementation of the tasks of the staff Council, has no reduction of the remuneration or of work remuneration resulted. Be claimed staff Council members in discharging their duties beyond the regular work time, special leave is them to an appropriate extent to grant.
(3) members of the staff Council are from their official action to exempt if and when it becomes necessary to extent and nature of the services to the proper performance of their functions. When selecting the members to be free the staff Council has the Board members elected according to § 32 para 1 first, then to consider the supplementary members elected according to § 33 and eventually more members. For further exemptions the apportioned on individual choice list voices in the maximum procedure to take into account, when the choice of the staff Council to are carried out the principles of proportional representation (section 19 para 3 sentence 1) was; While the Board members exempted pursuant to sentence 2 of the attributable to each election proposal list waivers shall be deducted. In case the person election (section 19 para 3 sentence 2) the ranking of the other to be free members is determined according to the number of votes cast for them in the election to the Staff Committee. Are the members of the groups represented in the staff Council according to the principles of proportional representation, partly in the way of choice has been elected, the groups according to the number of their members are further exemptions according to the maximum number procedure to take into account; within the group, the other exemptions in this case determine depending on the electoral process in appropriate application of the set 3 and set 4. The exemption must not lead to the deterioration of the careers.
(4) from its business activities pursuant to paragraph 3 entirely to indemnify in departments with generally 300 to 600 employees are a member, 601 to 1,000 employed two members, 1,001 to 2,000 employed three members, 2,001th to 3,000 employed four members, 3,001 to 4,000 employed five members, 4,001 to 5,000 employed six members, 5.001 up to 6,000 employees seven members, 6.001 to 7,000 employed eight members , 7,001-8,000 employed nine members, 8.001 to 9,000 employed ten members, 9.001 to 10,000 employed eleven members.
Another Member is to indemnify in departments with more than 10,000 employees per another 2,000 workers. Sentences 1 and 2 can be derogated from in agreement between Works Council and heads of service.
(5) the staff Council members fully exempted from their official activities will receive a monthly allowance. Only partial, but optional for at least half of the regular working hours staff Council members will receive half of the expense allowance pursuant to sentence 1. The Federal Government determines the amount of compensation by legal Ordinance which shall not require the consent of the Federal Council.
(6) the members of the personnel Board are exempt under payment of remuneration for participation in training and educational events from the service as far as convey this knowledge that are required for the activity of the staff Council.
(7) without prejudice to paragraph 6, each Member of the staff Council is entitled to exemption from service on payment of remuneration for a total of three weeks to participate in training and educational activities, which are recognized by the Federal Centre for political education as suitable during his regular term. Workers who for the first time take over the Office of a member of staff Council and have not previously been youth and trainee representative, are entitled to pursuant to sentence 1 for a total of four weeks.
Section 47 (1) that extraordinary termination by members Council staff, who are in employment, requires the consent of the staff Council. The staff Council refuses its consent or it manifests itself within three working days after receipt of the request, so the administrative court may replace it at the request of the Dienststellenleiters if the extraordinary termination, taking into account all the circumstances is justified. In the proceedings before the Administrative Tribunal is the affected workers of involved.
(2) members of the staff Council may be only transferred against their will or seconded, if this is unavoidable even considering membership of the Staff Committee major official reasons. Implementation associated with a change of the service location in same services; is regarded as transfer within the meaning of sentence 1 the catchment area within the meaning of the moving costs to the place of employment. The transfer or delegation of members of the staff Council requires the consent of the staff Council.
(3) for officials in the preparatory service and employees in appropriate vocational training they do not apply paragraphs 1, 2 and §§ 15, 16 of the employment protection act. Paragraphs 1 and 2 do not apply also when the displacement or detachment of these workers to any other Department in the aftermath of the training ratio. Membership of employees referred to in sentence 1 in the staff Council rests without prejudice of article 29, as long as she are seconded or transferred according to the requirements of their training as any other Department.
Fifth section staff meeting section 48 (1) consists of the employees of the Department staff meeting. It is headed by the Chairman of the staff Council. It is not public.
(2) according to the interests of the service conditions a Joint Assembly of all workers not be used, meetings of part of are so to hold.
Section 49 (1) which has staff Council to report an activity once in each calendar half year in a staff meeting.
(2) the staff Council is entitled and upon request of the Director of services or a quarter of the eligible employees committed, convened a staff meeting and to put the object, whose counseling is requested, on the order of the day.
(3) at the request of a Trade Union represented in the Office the staff Council before the expiry of twelve working days after receipt of the request, a staff meeting must convened pursuant to paragraph 1 if in the previous calendar half-year have been carried out no staff meeting and no component assembly.
Section 50 (1) that referred to in article 49, paragraph 1, and the staff meetings convened at the request of the head of unit take place during working hours, if not the official conditions require a different regime. The participation of the staff meeting has no reduction of the remuneration or of work remuneration resulted. As far as in the cases of the set 1 staff meetings must take place outside working hours for official reasons, is to give the participants service exemption to an appropriate extent. Travel costs incurred by participating in staff meetings pursuant to sentence 1, will be in the corresponding application of the Federal travel Act.
(2) other staff meetings take place outside working hours. This may be derogated from in agreement with the head of the Department.
§ 51 who can staff meeting submit requests to the staff Council and take its decisions. She must treat all matters affecting the service or its employees immediately, in particular tariff, pay and Social Affairs and issues of the advancement of women and the reconciliation of family and career. Article 66, paragraph 2, and article 67, paragraph 1, sentence 3 shall apply accordingly for the staff meeting.
Section 52 (1) ordered all unions represented in the Department and a representative of the employers Association, which belongs to the Department, are eligible to participate in the staff meeting with an advisory vote. The staff Council has to inform the convocation of the staff trade unions referred to in sentence 1 and the employers Association. An appointed member of the representation of levels of or of the Joint Staff Council, as well as a representative of the station, in which is the representation of levels of, can participate in the staff meeting.
(2) the head of the Department can participate in the staff meeting. At meetings that are convened at his request or to which he is specifically invited, he has to take part.
Sixth section levels representations and total staff Council article 53 (1) for the Division of multi-tiered administrations are formed District Staff Council to the authorities of the intermediate with the Supreme service authorities main personnel Council.
(2) the members of the District Staff Council are elected by the business area employees belonging to the authority of the intermediate level, the members of the main personnel Council of the Division of the Supreme Administrative authority.
(3) sections 12 to 16, section 17, paragraph 1, 2, 6 and 7, sections 18 to 21 and 23 to 25 shall apply mutatis mutandis. § 14 paragraph 3 applies only to the employees of the station, where the representation of levels of is to build. A staff meeting about the order of the district or main election Board does not take place. In their place, the head of the station, where the representation of levels of is to build, exerts the power to order the election Board according to § 20 paragraph 2, sections 21 and 23.
(4) be in a management staff councils and stage representations at the same time selected, selection board members existing with the services perform the election of stage representations on behalf of the district or main election Board; otherwise the staff councils order at his request or, if those fail, the head of the services the local electoral boards for the choice of stage representations.
(5) in the offices of levels of, each group has at least one representative. The representation of levels of consists of more than nine members, each group has at least two representatives. Article 17, paragraph 5 shall apply mutatis mutandis.
Section 54 (1) for the representation of levels of the §§ 26 to 39, 40 para 1, sections 41, 42, 44, 45, 46 para 1 to 3 and 5 to 7 apply, section 47, insofar as nothing else is determined in paragraph 2 is.
(2) article 34, paragraph 1 shall apply subject to the proviso that to convene not later than twelve working days after election day are members of the representation of of levels of.
Article 55 in the cases of § 6 par. 3 a total staff Council is formed in addition to the individual staff members.
Article 56 for the total personnel Council apply half-sentence 1 according to § 53 para 2 and 3 and article 54, paragraph 1.
Third chapter of youth and apprentice representation, youth and trainee meeting § 57 in services, in which staff representatives are formed and at least five workers belong, which not yet have reached age 18 (juvenile employees) or found in a vocational training and still not have reached age 25, produced the youth and trainee representatives.
Section 58 (1) all employees referred to in section 57 are entitled to vote. Article 13, paragraph 1 shall apply mutatis mutandis.
(2) electable are workers who still have age of No 26 on the pre-election. § 14 para 1 sentence 1 No. 1, sentence 2, para 2 and 3 applies.
Section 59 (1) is the youth and trainee representative offices with usually 5 to 20 of workers referred to in article 57 of a youth and trainee representatives, 21 to 50 of employees from three youth and trainee representatives, referred to in § 57 51 to 200 of workers referred to in article 57 of five youth and trainee representatives, 201 to 300 of workers from seven youth and trainee representatives referred to in article 57 , 301 up to 1,000 of workers from eleven youth and trainee representatives, more than 1,000 of workers referred to in article 57 of fifteen youth and trainee representatives referred to in article 57.
(2) the youth and trainee representative should consist of representatives of the various types of employment of non-service workers referred to in article 57.
(3) the sexes should be represented in the youth and apprentice representation according to the ratio of their numbers.
Section 60 (1) of the staff Council determines the Election Committee and its Chairman. Set 1, para 5, 7 and 9, article 20, paragraph 1, sentence 3 and 4, section 24, subsection 1, sentence 1 and 2, para. 2 and § 25 shall apply article 19, paragraph 1, 3, 4.
(2) the regular term of the youth and trainee representative for two years. It starts with the day of the election or, if there is at this time still a youth and apprentice representation, with the expiration of their term. The regular election of the youth and trainee representative take place every two years during the period from 1 March to 31 May. The term of office ends at the latest on 31 May of the year in which the regular elections of youth and apprentice representation held pursuant to sentence 3. Section 27, paragraph 2 applies to the choice of the youth and trainee representative outside the period for the regular elections no. 2-5, par. 3 and 5.
(3) the youth and apprentice representation consists of three or more members, so choosing a Chairman and his deputy from among its members.
(4) sections 28 to 31 shall apply mutatis mutandis.
Section 61 (1) the youth and trainee representative has the following general responsibilities: 1. measures aimed at the employees referred to in section 57, to apply for 2 about to wake in favour of section 57 applicable referred employees laws, regulations, accident prevention regulations, collective agreements, service agreements and administrative arrangements are conducted particularly in matters of vocational training, the staff Council, 3rd suggestions and complaints by workers referred to in article 57, particularly in matters of vocational training , to accept and, if they are entitled to work towards the staff Council on an errand; the youth and trainee representative has referred to in § 57 affected employees about the status and the outcome of the negotiations to inform.
(2) the cooperation of the youth and trainee representative with the staff Council determines is paragraph 1 (3) to carry out their duties according to § 34 paragraph 3, §§ 39 and 40 to teach the youth and trainee representative in a timely manner and comprehensively by the staff Council. The youth and trainee representative may request that the staff Council makes you available the documents required for the performance of their functions.
(4) the staff Council to the meetings between heads of service and staff Council according to article 66, paragraph 1 to call in the youth and trainee representative, if handled matters affecting called workers especially in § 57.
(5) the youth and trainee representative can hold meetings after understanding the staff Council; Section 34 paragraph 1 2 shall apply mutatis mutandis. A staff member appointed by the Staff Committee can participate in the meetings of the youth and trainee representative.
The sections 43 to 45, article 46, paragraph 1, 2, 3 apply for the youth and trainee representative set 1 and 6, para 6, 7, and article 67, paragraph 1, sentence 3 accordingly. Article 47 shall apply mutatis mutandis with the proviso that the extraordinary termination, the transfer and the secondment of members of the youth and trainee representative require the approval of the personnel board. Article 47, paragraph 1 applies to members of the selection board and election candidates, 2 sentences 1 and 2 according to.
§ Has 63 the youth and trainee representative making a youth and trainee meeting once in each calendar year. This should take place as soon as possible before or after a regular staff meeting. It is headed by the Chairman of the youth and trainee representative. The President of the staff Council or an another member appointed by the Staff Committee to participate in the youth and trainee meeting. The rules applicable to the staff meeting are to apply by analogy. Except the youth referred to in sentence 1 and trainees meeting, a further, convened not upon request of the head of unit Assembly can take place during working hours.
Article 64 (1) administrations multi-stage for business are where levels representations exist, the authorities of the intermediate district youth and trainee representatives and the Supreme authorities of the service main youth and trainee representatives made. Section 53 para 2 and 4 as well as paragraphs 57 to 62 shall apply mutatis mutandis for the youth and trainee levels representations.
(2) a total youth and apprentice representation is formed in addition to the individual youth and trainee representatives in the cases of § 6 ABS. 3. Paragraph shall apply accordingly 1 sentence 2.
Fourth chapter representation of not constantly employed section 65 (1) increases during the term of the staff Council temporarily the number of employees to more than 20 people who are employed, probably only for a period not exceeding six months so the not constantly employed in secret ballot for 21 to 50 employees do not always choose a representative, 51 to 100 not constantly employed two representatives, at more than 100 not constantly employed three representatives.
The staff Council determines the Election Committee and its Chairman. In addition § 13 para 1 and 3, sections 14, 17 are for the election of the representatives of para 6 and 7, articles 19, 24 according to para 1 sentence 1 and 2, paragraph 2 and article 25 with the exception of the rules on the duration of affiliation to the Division of the Supreme Administrative Authority and to the public service.
(2) the term of Office of the representatives referred to in paragraph 1 ends upon the expiry of the period provided for the employment of not constantly employed or elimination of requirements for their choice. Article 26 set 2, section 27, paragraph 2 No. 2-4, (3) and sections 28 to 31 shall apply mutatis mutandis.
(3) paragraphs 43 to 45, article 46, paragraph 1, 2, 3 apply the representatives referred to in paragraph 1 sentence 1 and section 67, paragraph 1, sentence 3 accordingly.
(4) the representatives referred to in paragraph 1 shall participate in accordance with article 40, paragraph 2 at the meetings of the staff Council.
Fifth chapter participation of the staff of the first section General section 66 (1) the head of the service authority and the Staff Committee shall meet at least once per month to meetings. Also the design of service operation should be treated in them, in particular all operations which significantly affect workers. You have to negotiate over contentious issues with the sincere desire to the agreement and to make proposals for the settlement of differences of opinion.
(2) service and staff have to refrain from doing anything, which is liable to interfere with the work and the peace of the services. In particular departments and staff may perform against each other no measures of the dispute. Labor disputes of tariffähiger parties are not affected by this.
(3) external make can only be called if agreement in the Office has not been achieved.
Section 67 (1) departments and staff have to ensure that all members of the Department are treated under law and equity, in particular, that any discrimination against persons on grounds of race or because of their ethnic origin, descent or other origin, their nationality, their religion or belief, disability, age, their political or trade union activity or setting or because of their gender or sexual identity is omitted. While they must behave so that the confidence of the members of the management in the objectivity and neutrality of its administration is not affected. The head of the Department and the staff have to refrain from any political activity in the Office; the treatment of tariff, pay and Social Affairs will not be affected.
(2) workers who carry out tasks pursuant to this Act, the activity this not be limited for their Union also in the Office.
(3) the staff has to promote the respect for freedom of Association of workers.
Article 68 (1) the staff has the following general responsibilities: 1. measures that serve the station and their families to apply for 2 about to wake, that the laws in force in favour of employees, regulations, collective agreements, service agreements and orders be carried, to accept 3 suggestions and complaints from employees and, if you appear to work by negotiating with the head of the Department on its fulfilment, 4. the integration and professional development of Schwerbeschädigter and other vulnerable , in particular older persons to promote, 5.
To apply for, measures to promote professional Schwerbeschädigter 5a.
the enforcement of the actual equality of women and men in recruitment, employment, to promote education, training and training and promotion, 6. the integration of foreign workers in the services and the understanding between them and the German workers to promote 7 with the youth and trainee representative to promote the interests of workers referred to in article 57 to work closely together.
(2) the staff is to perform their tasks in a timely manner and comprehensively to teach. You are to submit the necessary documents. Personnel files may be consulted only with the consent of the employees and only by the members of the staff designated by him. Official reviews are at the request of the employees of the staff to take note.
Second section forms and procedures for participation and participation section 69 (1) where a measure is subject to the participation of the staff Council, can be taken only with his consent.
(2) the head of Department shall inform the personnel Council of the proposed measure and sought his approval. The staff Council may require that the head of the Department established the intended action; the staff Council may require also a written justification except in personnel matters. The staff Council decision on the requested permission is to inform the head of Department within 10 working days. In urgent cases, the head of the unit can shorten this period to three working days. The measure is deemed to be accepted, if not the staff Council denied the approval, stating the reasons in writing within the period. Unless presented with complaints or claims of actual type that are unfavorable for a worker or can be detrimental to him, opportunity to submit its observations to give is the employees. the statement is on record to make.
(3) an agreement not be reached, so the head of the Department or the human resources Council may submit the matter within six working days service through the parent departments, where representations of levels of are. In corporations, institutions or foundations of public law, the Supreme authority provided for in its Constitution for the management is as the Supreme authority of the service call. In cases of doubt, the competent Supreme Federal Authority determines the place to call. Paragraph 2 shall apply mutatis mutandis. The head of Department shall submit the matter pursuant to sentence 1 the parent services, he shall inform thereof the staff Council, stating the reasons.
(4) If no agreement emerges between the Supreme authority of the service and your existing it staff representative shall decide the conciliation (paragraph 71); in the cases of § 77 para 2, it notes whether is a reason for the refusal to give of consent. The conciliation must decide within two months after the Declaration of one of the parties, to bring about the decision of the conciliation. In the cases of § § 76, 85 para 1 No. 7 decides the consensus Board, if they not the Supreme authority of the service agrees to, a recommendation on this. The top service authority decides then finally.
(5) the head of Department may in measures which cannot be delayed nature in fact, until provisional regulations making the final decision. He has to inform the Works Council the temporary solution and establish and immediately initiate proceedings under paragraphs 2 to 4 or to continue.
(1) the staff Council applied for a measure that is subject to no. 1 to 6 and 11 to 17 of his participation pursuant to section 75, paragraph 3, so he has to propose them in writing to the head of the Department. This does not, comply with the request the procedure varies according to § 69 paragraph 3 and the staff of Directors 4. (2) a measure that set 1 is subject to designated his participation after other than those in paragraph 1, so he has to propose them in writing to the head of the Department. This does not, comply with the request the procedure varies according to § 69 paragraph 3; the top service authority decides finally.
§ 71 (1) the conciliation is made when the Supreme Administrative authority. It consists of three assessors appointed by the Supreme authority of the service and your existing it staff representative, and an impartial Chairman, both sides agree on whose person. Among the assessors appointed by the Staff Committee, according to an official and an employee must reside, unless the matter concerns only officials or workers in an employment relationship. Not concluded an agreement on the person of the Chairman, the President of the Supreme Administrative Court ordered it.
(2) the proceedings are not public. Opportunity to the oral statement to give is the Supreme Administrative Authority and the competent staff. In consultation with stakeholders, the statement can be made in writing.
(3) the agreement shall decide by resolution. She can also partially meet the requests of the parties. The decision is taken by a majority vote. He must keep within the framework of the applicable legislation, in particular the budget law.
(4) decision is to make to the parties. He binds, apart from the cases of § 69 para 4 sets of 3, 5 the parties, insofar as it contains a decision within the meaning of paragraph 3.
Section 72 (1) as far as the staff Council are involved in decisions, is the intended action prior to performing with the goals of understanding in time and starting to discuss with him.
(2) the staff Council within is expressed by ten working days, or he has not upright, his objections or suggestions at discussion the intended measure is considered as approved. The staff Council had objections, he has the reasons to inform the head of the Department. § 69 para 2 sentence 6 shall apply accordingly.
(3) the Department corresponds to the objections of the staff Council or not imposed, it shall in writing its decision, stating the reasons the staff Council.
(4) the staff Council of a subsidiary service center the parent departments, where representations of levels of are, may submit the matter within three working days after receipt of the notification on the service road with the application for decision. They decide after negotiating with them existing representation of levels of. § 69 paragraph 3 sets 2, 3 shall apply mutatis mutandis. The staff Council of its assistance service shall forward a copy of his application.
(5) an application under paragraph 4 is provided, the intended action is up to the decision of the called station to suspend.
(6) § 69 para 5 shall apply accordingly.
Article 73 (1) service agreements are permitted, unless it expressly provides for this law. Is supplemented by services and staff Council are jointly decided to lay down in writing, be signed by both sides and to make known in an appropriate manner.
(2) service agreements that apply to a larger area, do the service agreements for a smaller area.
Section 74 (1) decisions in which the staff Council was involved, the Department carries out unless something else has been agreed in individual cases.
(2) the staff Council may not interfere in the operation of the service by unilateral actions.
Third section Affairs in which the staff Council is to participate in section 75 (1) of the staff Council has to decide the implementation within the Department, when with a change of the service location is connected to (the catchment area within the meaning of the moving costs belongs to the place of employment) in personnel affairs of workers in 1 setting, 2. transfer an activity to be assessed higher or lower, raise or reverse grouping, classification, 3. transfer to another service , 4. secondment for a period of more than three months, 4a.
Assignment according to § 29 of the federal civil servants act for a period of more than three months, 5. continued employment beyond the age limit, 6 orders, which limit the freedom in the choice of apartment, 7 refusal or revocation of the permit of a sideline.
(2) the staff Council has to determine with 3. allocation of service and leased land and setting the terms and conditions in Social Affairs 1 granting of supports, advances, loans and corresponding social grants, 2. assignment and termination of apartments that the Department has, as well as establishing general conditions of use.
An employee requested a performance referred to in point 1, the staff Council only at his request is involved; only the Board of Directors of the staff Council determined at the request of the applicant. The Department has to provide an overview of the supports and corresponding social benefits the staff Council after each calendar quarter. Where are the applications and the services to face. Information on the reasons given by the applicant shall be granted this.
(3) the staff Council has, as far as a statutory or collectively agreed scheme does not exist, if necessary through service agreements to determine with 3. installation of the vacation plan, determining the temporal location of annual leave for individual employees about 1 beginning and end of the working day and the breaks, as well as the distribution of working time on the individual days of the week, 2nd time, place and type of payment of salaries and wages , if between the heads and the employees involved no consent is obtained 4. questions of wages within the Department, in particular the preparation of the remuneration principles, the introduction and application of new payment methods and their change setting the chord and premium rates and comparable performance-related charges, including money factors, 5. establishment, management, and resolution of social services regardless of their legal form, 6 implementation of vocational training for workers , 7. selection of participants in vocational training for workers, 8 content by personal questionnaire for workers, 9 assessment guidelines for workers, 10 order of confidence - or occupational physicians as employees, 11.
Measures for the prevention of service and work-related accidents and other damage to the health, 12 principles on the assessment of accepted proposals in the context of the operational proposal being 13 preparation of plans including plans for retraining to offset or mitigate economic disadvantages incurred as a result of rationalisation measures the employees, 14 appearance of the tender of service items that are to be filled, 15 rules of order in the services and behavior of employees , 16 workplace design, 17 introduction and application of technical devices, which are intended to the behavior or performance of employees to monitor.
(4) must be used for groups of employees the daily working time (paragraph 3 No. 1) according to requirements, that the services can not foresee irregularly and in the short term, participation is limited to on the principles for the establishment of rosters, especially for the arrangement of service, overtime and overtime.
(5) remuneration and other working conditions that are regulated or are usually regulated by collective agreement may be not covered by a service agreement (paragraph 3). This does not apply if a collective agreement expressly allows the conclusion of supplementary service agreements.
Article 76 (1) which has personnel advice to influence 2. carriage, transfer of other Office with higher end base salary without changing the official designation, in personnel affairs of officials at 1 setting, employment, awarding an other Office with other official title when changing the category, career change, 3. assignment of an activity to be assessed higher or lower, 4. transfer to any other Department, implementation within the Department, if it is connected with a change of the service location (the catchment area within the meaning of the moving costs belongs to the place of employment) , 5. secondment for a period of more than three months, 5a.
Allocation to § 29 of the federal civil servants act for a period of more than three months, 6 orders, which limit the freedom in the choice of apartment, 7 refusal or revocation of the permit of an ancillary activity, 8 rejection of an application according to sections 91, 92, 92a, or § 95 of the federal civil servants act on part-time work, reduction of regular working hours or 9 postponing of the entry into retirement due to reaching the age limit.
(2) the staff Council has, as far as a statutory or collectively agreed scheme does not exist, if necessary through service agreements to determine with 2. content of personal questionnaire for civil servants, 3 1 selection of participants in training courses for civil servants.
Assessment guidelines for civil servants, 4. order of confidence - or occupational physicians as officials, 5.
Measures to raise the productivity and facilitate workflow, 6 General questions of training of employees, 7 introduction of fundamentally new work methods, 8 adoption of directives on personnel selection in settings, transfers, regrouping and terminations, 9 assertion of claims against a worker, 10.
Measures aimed at the enforcement of the actual equality of women and men, in particular when setting, employment, education, training and training and promotion.
The staff Council at the request of the employee determined in the cases of paragraph 9; This is to inform in advance of the proposed measure.
Section 77 (1) in personnel affairs of workers referred to in article 14, para. 3, of civil servants on time, determining workers with no scientific or artistic activity of the staff Council to section 75 para 1, § 76 para 1 only with, if they request it. § 75 para of 1 and 3 No. 14, § 76 para 1 apply not to the officials referred to in section 54, paragraph 1, of the federal civil servants Act and posts of grade A 16 on up.
(2) in the cases of section 75, paragraph 1, and section 76 para 1 of the staff Council may refuse to consent if 1 violates the measure no. 8 against a law, a regulation, a provision in a collective agreement, a court decision, the plan or a management arrangement or a directive within the meaning of section 76, paragraph 2, or is concern justified by the facts 2. , that the measure affected employees or other workers discriminates, without being justified for business or personal reasons, or 3. the concern is justified by the facts is that the employee or candidate will disturb the peace in the Office by antisocial or unlawful behaviour.
Article 78 (1) the staff Council acts 1 preparation of orders at a Service Center for the in-house, social and personal affairs of employees of their business area, if not according to § 118 of the federal civil servants Act the leading of the competent trade unions in the preparation are to participate in 2nd resolution, restriction, laying or merging of departments or substantial parts of them, 3. survey of disciplinary action against an officer of the , 4. dismissal of officials on trial or on withdrawal, if they release not even requested, 5. premature displacement in retirement.
(2) in the cases of paragraph 1 applies to the participation of the staff Council § 77 para 1 sentence 2 according to no. 3 to 5. In the cases of paragraph 1, the staff Council at the request of an employee is involved in no. 3 to 5; in these cases, the workers of the proposed measure is to put advance in knowledge. The staff Council can no. 3 objections to in § 77 para 2 1 and 2 known reasons support no. the participation referred to in paragraph 1.
(3) before redirecting personnel requirements to the budget estimates, the staff Council is to listen to. The staff Council delivers an opinion an subordinate Office personnel requirements, it must be with the personnel requirements of the parent Department to submit. This also applies for personnel planning.
(4) paragraph 3 shall apply accordingly, new and extensions of service spaces.
(5) before fundamental changes in work procedures and work routines, the staff Council is to listen to.
Section 79 (1) the staff Council is involved in the ordinary termination by the employer. Article 77, paragraph 1, sentence 2 shall apply accordingly. The staff Council may raise objections against the dismissal, if according to its social aspects not or not sufficiently taken into account have been 1 in the selection of the employee to hinting, 2. violates the notice No. 8 a directive within the meaning of section 76, paragraph 2 3 to allowance which can be workers at another work place in same Department or any other Department of the same management branch at the same place of employment including its watershed retained , 4. the continued employment of the employee is possible after reasonable retraining or further training measures or 5. the continued employment of the employee under the amended contract conditions is possible and the employee agrees with this.
The employee terminated, although the staff Council pursuant to sentence 3 objections against the dismissal has raised, is to take a copy of the opinion of the staff Council to the employee with the termination, except, that levels of representation in the negotiation has not maintained the objections according to section 72, paragraph 4, sentence 2.
(2) has the workers in the case of paragraph 1 on finding a complaint record 4 under the employment protection act, that the employment relationship by the termination is not resolved, so have the employer at the request of the employee continue to deal with this after the expiry of the notice period to final completion of the dispute in unchanged conditions. At the request of the employer the Labour Court can release 1 him by injunction from the requirement for continued employment after sentence, if 1st who complaint of the employee has no reasonable prospect of success or appear malicious or 2 would result in the continued employment of the employee to an undue economic burden of the employer or 3. the opposition of the staff Council was manifestly unfounded.
(3) prior to termination without layoffs and extraordinary terminations, the staff Council is to listen to. The head of unit has the intended measure to establish. The staff Council has concerns, so he the heads, stating the reasons without delay, at the latest within three working days in writing.
(4) a notice is ineffective, if the Staff Committee is not been involved.
Section 80 tests, which declines as a service instead of the employees of their scope, can take part a member of human resources Council responsible for this, which is named from this advice.
Article 81 (1) which has personnel advice to help the authorities responsible for occupational safety and health, the makers of the statutory accident insurance and the other eligible bodies combating accidents and health hazards through suggestion, advice, and information and to engage in the implementation of the rules on occupational safety and health and accident prevention in the Office.
(2) the head of unit and the bodies referred to in paragraph 1 shall at all surveys available related to occupational safety and health or accident prevention and questions and accident investigations involve the staff Council or staff members of the Council designated by him of those services where the inspection or investigation takes place. The head of unit shall inform with the requirements relating to occupational safety and health and accident prevention and orders of the authorities referred to in paragraph 1 the staff Council.
(3) at the meetings of the Dienststellenleiters with the security officers within the framework of section 22 paragraph 2 of the seventh book of the social code, commissioned staff Council members participate by the staff Council.
(4) the staff Council receives the writings about investigations, visits and meetings, which he is to consult paragraphs 2 and 3.
(5) the head of unit has handed a copy of the accident report to be signed according to § 193 para 5 of the seventh book the social law of the staff Council or to be reimbursed after bibliographical rules report to the staff Council.
Fourth section is participation of stage representations and the entire staff of Directors article 82 (1) in matters where the service is authorised not to decide, to place personnel Council representing levels formed in the responsible Department.
(2) before a decision in matters affecting individual employees or departments, representing levels gives the staff Council opportunity to submit its observations. In this case the time limits double of §§ 69 and 72 (3) that paragraphs 1 and 2 shall apply accordingly for the distribution of competence between the staff Council and personnel directors.
(4) for the powers and duties of stage representations and of the Joint Staff Council, apply §§ 69-81, according to.
(5) are multi-tiered administrations human or social measures in the Division taken by an service agent where no staff representative participation in these measures is intended, is representing stages in the next higher station, whose Division the critical services and that include affected by the decision, to participate.
Sixth chapter judicial decisions section 83 (1) the administrative courts, in the third instance decide the Federal Administrative Court, except in the cases of articles 9, 25, 28 and 47 paragraph 1 1 eligibility and eligibility, 2nd choice and term of the staff representatives and in sections 57, 65 mentioned representatives, as well as the composition of the staff representatives and the youth and trainee representatives, 3. jurisdiction, management and legal status of staff representatives, and in the §§ 57 , 65 Agent listed, 4. existence or absence of service agreements.
(2) the provisions of the Labour Court Act on the decision procedure shall apply mutatis mutandis.
Professional chambers (Senate of trade) are § 84 (1) for the decisions to be taken under this Act in the administrative courts of first and second instance. The jurisdiction a specialized Chamber on the districts of other dishes or parts of them.
(2) the expert shall be composed of a Chairperson and honorary judges. The honorary judges must be employed in the public service of the Federation. You are appointed 1 trade unions represented workers and 2. the authorities referred to in article 1 and courts half by the State Government or the Office certain of her proposal. The volunteer labour Court Act rules for the appeal and status of honorary judges and their attraction to the sessions judge according to.
(3) the Chamber of trade is active in the occupation of with a Chairman and two referred to in paragraph 2 sentence 3 Nos. 1 and 2 appointed owners. Among the in paragraph 2 sentence 3 No. of 1 designated assessors shall be an official and an employee located.
Seventh chapter rules for special administrative branches and the treatment of classified information article 85 (1) of the Federal Police applies this law with the following exceptions: 1. the employees of the federal police authorities and the them subordinate offices choose federal police staff (federal police staff Council, federal police staff Council District, federal police staff Council main).
2. police officers are only entitled to vote (§ 13 para 1), if they have already completed the basic training on election day and not at the appeal in the civil servant in writing have declared to want to serve only a service period of two years.
3. in matters affecting only the police officers are not entitled to vote referred to in point 2, the federal police staff participates, when a confidence man (paragraph 2) requested this in the individual case.
4. the police officers referred to in paragraph 3 are not considered in determining the number of to be released from the service staff Council members according to § 46 para 4.
5. the provisions of the youth and trainee representative do not apply for the police officers.
6 involvement of federal police staff does not take place in a) arrangements for police officers, be governed by the usage or usage practice b) the setting of police officers for basic training.
7. the federal police staff determined in the professional promotion of police officers, as far as the officer so requests.
(2) the police officers, who have not the right to vote to the federal police staff pursuant to paragraph 1 No. 2, choose a confidence man and two deputies in each unit. Units within the meaning of sentence 1 are the hundreds or comparable units and departments subject to the Federal Minister of the Interior. The following applies for the election, the term of Office and the tasks of the confidence man: 1. vote and selectable are without regard to their age the police officers referred to in sentence 1. in the other, § 14 para 1 sentence 2 according to apply article 13, paragraph 1.
2. the federal police staff Council determined at the latest three weeks before the in point 4 sentence 2 date referred three voters as Election Committee and one of them as Chairman. The federal police personnel Board has not determined the Election Committee or no federal police staff Council, is in the station the Director ordered the services the Election Committee.
3. the election Board has immediately convened a meeting of the electors. In this meeting, the choice of the confidence man and his Deputy is making. It is selected by hand lifting. A voter is contrary to this procedure, a secret ballot with ballots will be made. section 24 shall apply mutatis mutandis.
4 Article 29, paragraph 1 No 2, 4, 5 and § 30 according to apply for the term of the confidence man and his Deputy. Article 31 paragraph 1 2 shall apply with the proviso that a new election takes place if there is no confidence man longer exists after occurrence of both Deputy.
5 paragraphs 43 to 45, 46 paragraph 1 apply to the management and legal status of the confidence man, 2, 3 movements 1 and 6 according to. For the tasks and powers of the confidence man, § 2, § 47 para 2, §§ 66 to 68 shall apply mutatis mutandis. In the cases of section 75 subsection 2 sentence 1 No. 1, para 3 No. 3, 14, 15, § 76 para 1 No. 2, 4, 5, para. 2 No. 1, 5, 6, 9, § 78 para 1 is no. 4, as far as police officers, who have not the right to vote to the federal police staff pursuant to paragraph 1 No. 2, are affected, to hear confidence man in time from the head of unit , in the cases of § 76 para 2 No. 9, § 78 para 1 No. 4 but only at the request of the person concerned. The confidence man can participate in the meetings of the federal police staff Council advice; in the cases of paragraph 1 he shall be voting no. 3 in the staff Council of the Federal border police.
(3) the supplying of the services (§ 49 paragraph 1 of the Federal Act of 18 August 1972 (BGBl. I S. 1834), most recently by article 3 of the law of 19 October 1994 (BGBl. I S. 2978) is been changed) are equal in applying this Act the police officers who have not the right to vote to the federal personnel representation referred to in paragraph 1 No. 2; together with these, they choose the confidence man and his Deputy (paragraph 2). A Dang ice tender on the occasion of the exercise of rights or performance of obligations under this Act by an accident suffers health damage, which would be a border guard service damage, are the local rules apply.
Section 86 of the Federal Intelligence Service applies this law with the following exceptions: 1. parts and points of the Federal Intelligence Service, who do not belong to the Head Office of the Bundesnachrichtendienst, considered to be services in the sense of § 6 para 1. In cases of doubt, the head of the Federal Intelligence Service decides the services property.
2. the membership of the staff Council rests with persons who are not eligible for a safety-sensitive activities.
3. in cases of § 28 para 2, the head of the Federal Intelligence Service enters an Election Committee.
4. the staff meetings take place only in the premises of the authority, they are carried out at Headquarters as meetings of part of. The head of the Federal Intelligence Service shall decide on the demarcation.
5. the head of Department may determine after consultation with the staff Council, the employees where this is imperative because of their official duties, not participate in staff meetings.
6 the staff Council sets. the agenda of the meeting of the personnel and the points in the staff meeting as well as in the annual report to be treated in agreement with the head of the Department. Other points are not to be treated. The head of the Department participates in the staff meetings.
7. in the cases of section 20, paragraph 2, sections 21 and 23, the head of the Department ordered the Election Committee.
8. the employees of the Federal German intelligence service select no representation of levels of. As far as a representation of the stages is responsible, the staff Council of the headquarters is to participate in their place. The staff Council had objections against a measure proposed by the head of the Federal Intelligence Service, as the head of the Federal Chancellery decides in the case of § 72 para 4 after negotiations with the Works Council of the Central final.
9 takes the place of participation and consent the involvement of the Works Council.
10. is section 93 to apply with the following conditions: a) staff missions to departments within the meaning of point 1 make no committees, the Committee of Council of staff in the headquarters takes their place.
(b) the head of the federal intelligence service can make arrangements within the meaning of § 93 5 except in the cases of § 93 5 also in special intelligence reasons or refrain from participation.
11. If there is particular incident or a particular usage situation of the Bundesnachrichtendienst is fully or partially affected, rest the rights and obligations of the competent staff representatives. Start and end dates of the suspension of the powers of the staff be determined respectively by the head of the federal intelligence service in agreement with the head of the Federal Chancellery.
12. the provisions on duties and rights of trade unions and employer associations to use their agents and representatives, as well as article 12, paragraph 2, article 44, para. 3, §§ 55, 64 are not paragraph 2, §§ 70, 79 par. 2, article 81, paragraph 1, 5.
13. as far as 1 to 12 nothing else results from the numbers, they apply sections 48 to 52 of the soldier participation act according to.
14 for judicial decisions according to article 83, paragraph 1, the Federal Administrative Court is responsible at first and last instance. In the judicial proceeding is article 99 of the administrative court procedure apply mutatis mutandis.
Section 87 of the Federal Office for constitutional protection applies this law with the following exceptions: 1 the head of the Federal Office for constitutional protection may determine after consultation with the staff Council that employees where this is imperative because of their official duties, not participate in staff meetings.
2. the rules on participation by representatives or officers of trade unions and employer associations (article 20, paragraph 1, articles 36, 39 para 1, § 52) are not applicable.
If the participation of representation of levels of and the conciliation matters affecting only employees of the Federal Office for protection of the Constitution as "VS confidential" (article 93), unless the competent authority otherwise determines classified of the degree of confidentiality.
Section 88 to federal authorities and public institutions of social security and the federal employment agency applies this law with the following exceptions: 1. authorities of the intermediate level in the sense of § 6 para 2 sentence 2 are the main administrative office directly subordinate offices, other departments are subordinated.
2. by way of derogation the Board is by section 7, sentence 1 for the Corporation or institution, as far as the decision-making authority is reserved to him; for the agencies for work and the regional directorates of the federal employment agency is conducting business. The Board of directors or the Managing Director may be represented by one or more of the respective members leave. § 7 set 3 and 4 shall remain unaffected.
3. 4 of § 71 the Board considered and Supreme Administrative authority within the meaning of § 69 paragraph 3,. Section 69, paragraph 3, sentence 2 shall not apply.
Section 89 for the Deutsche Bundesbank shall apply this law with the following exceptions: 1. as authorities of middle school within the meaning of § 6 para 2 sentence 2 shall apply the land central banks, which are subject to branch offices.
2. Supreme Administrative Authority is the President of the Deutsche Bundesbank. The Central Bank Council is considered Supreme Administrative Authority, as far as the final decision lies with him, is section 69, paragraph 3, sentence 2 does not apply.
3. the Central Bank Council, the Governing Board and the Executive Board of a Central Bank can be represented by one or more of its members leave. Section 7 sentence 2 shall remain unaffected.
§ 89a - article 90 for the broadcaster of "Deutsche Welle" federal law applies this law with the following exceptions: 1 the Deutsche Welle at the Cologne headquarters and the facilities of the Deutsche Welle on the seat of Berlin form a service within the meaning of this Act. This division between two departments remains for transfer of their seat from Cologne to Bonn. Other facilities of the Deutsche Welle are allocated by the intendant of Deutsche Welle a service center. § 6 section 3 does not apply.
2. the employees in both departments elect a total staff Council - in addition to the local staff councils -. This is involved in the decision referred to in point 1 sentence 3. He is responsible for the treatment of inter-service issues. The total staff Council has its domicile at the registered office of Superintendent. For the full staff Board relevant provisions find the appropriate application.
3. workers in the sense of § 57 in two departments - in addition to the local youth and trainee representatives - choose a total youth and trainee representative. Number 2 sentence 3 shall apply accordingly. The domicile of the total youth and apprentice representation is at the domicile of the personnel board. The provisions governing the total youth and trainee representative find the appropriate application.
4. head of departments is the artistic director. He is regarded as Supreme Administrative authority within the meaning of this Act; Section 69, paragraph 3, sentence 2 shall not apply. § 7 shall apply accordingly.
5. employees of Deutsche Welle in the meaning of this Act are workers hired by indefinite employment contract or temporary workers of Deutsche Welle including to their vocational training. Are not employees within the meaning of this law: a) the Director General, the directors and the legal adviser, b) persons in a similar employee ratio, other freelancers and people who are engaged in production time.
Workers who are employed in a facility of Deutsche Welle in foreign countries, as well as volunteers are not eligible.
6 section 44 subsection 1 sentence 2 applies subject to the proviso that the travel policy of the Deutsche Welle takes the place of the Federal travel Act.
7. a) workers, their Vergütung after the remuneration group I of the Deutsche Welle the fee contract is measured or whose compensation using the highest remuneration group is located, the staff Council in the cases of § 75 is not involved in para of 1 and 3 No. 14.
When in the programme area b) workers of compensation Group II of the Deutsche Welle the fee contract occurs in cases of section 75, paragraph 1 where the participation of the personnel board participation.
(c) in the case of workers with no scientific or artistic activity, as well as employees who are significantly involved in programme design, the staff Council in the cases of § 75 1 determined only, if they request it. § 69 paragraph 4 sentence 3 and 4 shall apply mutatis mutandis.
Section 91 (1) for services of the Federal Government abroad applies this law with the following exceptions: 1. local staff are not employees within the meaning of § 4 2.
The workers are not in a representation of the stages or in a total human resources Council any Department in the country can be selected.
3. voting according to § 13 workers in the Division of the Foreign Ministry from abroad without the services of the German Archaeological Institute are eligible to vote, but not eligible except for the election of Council of staff in her Department for election of the staff Council of the Foreign Ministry. The choice of the main personnel Council of the Foreign Ministry, they are not entitled to vote. As far as a representation of the stages would be responsible, the staff Council of the Foreign Office to participate is in its place. Section 47, paragraph 2 does not apply for the eligible employees pursuant to sentence 1 for election of the staff Council of the Foreign Ministry.
4. § 47 para 2 applies to members of staff councils in the Division of the Ministry of Defense abroad only for the duration of a regular term in the scope specified by section 26.
5. judicial decisions according to section 83 the Administrative Court is responsible for, in whose district the Supreme authority of the service is established.
(2) in the departments of the Federal Government abroad, where usually at least five local staff (paragraph 1 No. 1) busy, choose this a confidence man and no more than two deputies. Is selected by hand lifting; a voter is contrary to this procedure, a secret ballot with ballots will be made. Section 24, subsection 1, sentence 1 and 2, paragraph 2 shall apply mutatis mutandis. The term of Office of the confidence man and his Deputy is two years; In addition, article 29, paragraph 1 shall apply mutatis mutandis. Article 31 is to apply with the proviso that a new election takes place if there is no confidence man longer exists after the Deputy. The confidence man takes suggestions, requests and complaints of local staff in in-house, social and personal matters contrary to and represents compared to the head of unit and the staff Council. Before the decision in matters which significantly affect the special interests of the local staff, the staff Council has to give opportunity to the expression of the confidence man. For the confidence man, the §§ 43 to 45, 46 paragraph 1 apply 2, 3 sentence 1 and section 67, paragraph 1, sentence 3, accordingly.
§ 92 for the Division of the Ministry of defence is section 82 para 5 with the following conditions: 1 be personnel or social measures of a service center, where no staff representative participation in these measures is intended, met with effect for individual employees of one of her not subordinate departments, the staff Council of this service instead of their head is to participate, after an agreement between the departments about the intended action is been made before.
2. No. 2 and 3 are any Department at no representation of levels of is intended for the preparation of decisions according to article 75, paragraph 2, sentence 1 No. 5 with effect for other services committees formed, the Agency has the intended measure with a member of the levels of representation at the next higher parent departments to advise the mentioned services. This member is to be designated by the representation of levels of. Number 1 is not applicable.
A Committee § 93 (1) where a matter is of a staff Committee to participate, at least the degree of confidentiality "VS-confidential" is classified as classified, takes the place of the Staff Committee. No more than one representative elected in corresponding application of § 32 para 1 of the groups represented in the staff Council is part of the Committee. The members of the Committee must be authorized according to the applicable regulations to obtain knowledge of classified information of the confidentiality level of eligible. Staff representatives at service points, which subordinated authorities of intermediate to form a Committee; the Committee of the District Staff Council takes their place.
(2) is the competent Committee is made in a timely manner, the Committee of the existing service representation of of levels of is or, if this is made in a timely manner, the Committee of levels represent existing at the Supreme Administrative authority to participate.
(3) the conciliation (article 71) is set in paragraph 1 1 referred to cases of an assessor, who is appointed by the Supreme authority of the service and your existing it staff representative and an impartial Chairman, which are entitled to be informed of classified information of the confidentiality level of eligible according to the applicable provisions.
(4) § § do not use 40, 82 (2) and the provisions on the participation of trade unions and employer associations are in the articles 36 and 39 para 1. Matters that at least the degree of confidentiality "VS confidential" are classified as classified information, are not addressed in the staff meeting.
(5) the Supreme Administrative Authority may order that may be in the cases of paragraph 1 sentence 1 documents not submitted to the Committee and the conciliation and information not provided as far as this is necessary to avoid disadvantages for the welfare of the Federal Republic of Germany or one of its members or due to international obligations. The procedure according to section 83 are the statutory requirements for the arrangement to make credible.
Second part of staff representatives in the countries are first chapter of framework legislation for land legislation § 94 for the legislation of the countries the §§ 95 to 106 framework legislation.
Staff representatives are made in section 95 (1) in the administrations of States, municipalities, municipal associations and the other non-federal entities, institutions and foundations under public law, as well as in the courts of the countries; for officials in the preparatory service and employees in appropriate professional training, public prosecutors, police officers and members of radio and television and by departments, the fine, scientific, or artistic purposes serve the countries may provide for a specific regime in accordance with the § 104.
(2) in the individual departments, the education of youth and trainee representatives must be provided. Participation in all meetings of the Staff Committee with an advisory vote to allow is a representative of the youth and trainee representative. The countries have to govern, in which cases the entire youth and apprentice representation a participation right in an advisory and in which cases to grant her the right to vote in the staff is.
(3) participation in all meetings of the Staff Committee is the severely disabled representation to allow.
§ 96 the tasks of the trade unions and the employer associations are not affected by the right of staff representation.
Article 97 through collective agreement or service agreement must not be allowed to an of the staff rules deviating from the statutory provisions.
Article 98 (1) elected staff representatives, secret and direct suffrage, and occurrence of multiple nominations, according to the principles of proportional representation.
(2) members of groups are in a service center to vote, the members of each group of their representatives in separate ballots choose, if not the majority of the voters of each group in separate secret ballot decides the common choice.
(3) on matters concerning only the members of a group, the staff against the will of this group may decide.
(4) the sexes should be represented in the staff representatives and the youth and trainee representatives according to the ratio of the numbers.
Section 99 (1) choice and activity staff representatives and youth councils or youth and trainee representatives may be not hindered or influenced in a manner against good morals.
(2) members of staff representatives and youth councils or youth and trainee representatives may be offset only against the will or seconded, if unavoidable, also considering the membership of the Staff Committee or Youth Council and youth and apprentice representation for important official reasons and agrees with the staff.
The members of the staff representatives lead section 100 (1) free of charge as volunteering Office.
(2) by the choice and the activity of the staff representatives, economic disadvantages may not be the employees.
(3) the Administration is the costs of the election and the activity of the staff representatives.
Section 101 (1) the meetings of the personal representatives shall not be public.
(2) persons who perceive the Staff Committee law duties or powers or have perceived, brought them over the preserve known issues and facts silence.
(3) employee representatives to make the necessary documents available on request to perform their tasks. Personnel files may be presented to members of the staff representatives only with the consent of the employee.
Section 102 (1) which are staff representatives to select at reasonable time intervals.
(2) the staff representatives can be resolved through judicial decision due to gross neglect of their statutory powers or gross breach of its legal obligations. The same applies to the exclusion of individual members.
§ 103 personnel offices have to ensure that the rules for the benefit of employees and provisions are carried.
The staff representatives are § 104 in in-house, to participate in social and human affairs of the workers; While a scheme to aimed at as it is set for staff representatives in federal authorities in this Act. The decision of an independent body to be seen before in case of disagreement between the Supreme Administrative Authority and of competent staff in matters that are subject to co-determination, whose members are appointed by the parties. Decisions that an integral part of governance are in particular decisions in human affairs of officials on the design of courses within the framework of the preparatory service including the selection of teachers and in organizational matters, because of its effect on the community, may however be revoked not the authorities who are responsible to the representatives of the people.
Article 105 the staff representatives have jointly with the head of the Department to ensure an objective and equitable treatment of the Affairs of workers. In particular no employee because of his race, religion, nationality, origin, political or trade union activity or setting may due to his family or personal relationships, are preferred or discriminated against. The head of the Department and the staff have to refrain from any political activity in the Office; the treatment of tariff, pay and Social Affairs will not be affected.
Section 106 to judicial decisions, the administrative courts are called.
Immediately for the countries regulations section 107 is not disabled may chapter persons exercising powers or tasks according to the Staff Committee law, and not disadvantaged because of their activity or benefit; This also applies to their professional development. § 9 applies accordingly.
Section 108 (1) the extraordinary termination of members of staff representatives, the youth councils or youth and trainee representatives, the selection board members, as well as by election candidates who are in an employment relationship, requires the consent of the competent staff. The competent staff refused their consent or she manifests itself within three working days after receipt of the request, so the administrative court can replace it at the request of the Dienststellenleiters if the extraordinary termination, taking into account all the circumstances is justified. In the proceedings before the Administrative Tribunal is the affected workers of involved.
(2) a termination of employment of an employee, uttered by the employer is ineffective, if the Staff Committee is not been involved.
§ 109 an official on the occasion of the exercise of rights or performance of obligations under the Staff Committee law suffers an accident which was an accident of service within the meaning of the bibliographical accident care rules, these rules will find application.
Third part of Penal sections 110 and 111 (lapsed) - part four final provisions § 112, this law does not apply to religious communities and their charitable and educational institutions regardless of their legal form; the independent order of staff representation rights is left to them.
sections 113 and 114 (lapsed) - § 115 the Federal Government is authorized to carry out in sections 12 to 25, 55 to 57, 64, 65, 85 paragraph 2 as well as the sections 86, 89a and 91 referred to the preparation of the election, in particular the preparation of voter lists and the calculation of the number of representatives elections Ordinance, which requires not the consent of the Federal Council, legislation to enact 1. , 2. the deadline for the consultation of the voter lists and the collection of oppositions, 3. the proposal lists and the deadline for their submission, 4. the choice ausschreiben and the deadlines for his announcement, 5. voting, 6 the determination of election results and the deadlines for his announcement, 7 keeping the offing.
Article 116 – article 116a
(1) the first elections to the youth and trainee representatives, which replaced in § 57, as amended by the Act of 15 March 1974 (BGBl. I S. 693) youth agencies referred to occur, will take place by way of derogation from § 60 paragraph 2 sentence 3 in the period from 1 October to 30 November 1988. They take place regardless, since when the existing youth councils referred to in sentence 1 in the Office at the time of this election; § 27 section 5 does not apply when appropriate. The first selected in accordance with sentence 1 youth and trainee representatives term ends at the latest on 31 May 1991; the next regular elections are held accordingly in the period from 1 March to 31 May 1991.
(2) the rights and obligations of the existing youth and trainee representatives until the beginning of the term of Office of the first elected youth representatives referred to in paragraph 1 are also under this act as amended by the Act of 15 March 1974 (Federal Law Gazette I p. 693), last amended by article 4 of the law of 24 July 1986 (BGBl. I p. 1110).
(3) elections to the youth representatives referred to in paragraph 1 shall not take place if one of the conditions occurs no. 2 to 5 such analogous application of § 27 ABS. 2 choice after the date of this law stipulates the formation of youth and trainee representatives. In addition elections to the youth representatives referred to in paragraph 1 shall not take place after July 31, 1988.
(4) article 1 sentence 2 of the Act of 18 December 1987 (Federal Law Gazette I p. 2746) does not apply in the cases referred to in paragraph 3.
(5) resolves to a in paragraph 1 youth representation referred to by court order, so apply accordingly § 28 para 2 sentence 2 finds only if there is an obligation of the selection board to initiate new elections of youth councils in accordance with the regulation under paragraph 3. The exercise of the powers and duties of the Youth Council by the Election Committee in corresponding application of § 28 para 2 sentence 3 ends with the beginning of the term of for the first time selected youth and apprentice representation.
§ apply 116 b article 26 and article 27, paragraph 1 as amended by based on a term of the Works Council of four years for the first time on staff councils are elected after February 28, 1991. The same applies for the issue to twenty-four months provision of section 27, paragraph 2 No. 1. On staff councils elected prior to March 1, 1991 the provisions of § find - without prejudice to § 27 para 5 - 26, § 27 para 1 and para. 2 No. 1 as amended by the Act of 15 March 1974 (federal legislative journal I p. 693) application.
§ 117 as far as referenced in other legislation regulations or terms be used, be repealed or amended by this Act, are to replace the corresponding provisions of this Act § 118 this law applies in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.
§ 119 this Act into force on April 1, 1974.
Closing formula that has Federal Government the foregoing law pursuant to article 113 of the Constitution required consent given.
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