Federal Staff Representation Act

Original Language Title: Bundespersonalvertretungsgesetz

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Federal Personnel Representation Act (BPersVG)

Non-official table of contents

BPersVG

Date of departure: 15.03.1974

Full quote:

" Federal Personalization Act of 15. March 1974 (BGBl. 693), as last amended by Article 3 (2) of the Law of 3. July 2013 (BGBl. I p. 1978) "

:Last modified by Art. 3 para. 2 G v. 3.7.2013 I 1978

For details, see Notes

Footnote

(+ + + Text credits: 15.6.1980 + + +)

(+ + + measures on the basis of EinigVtr, see BPersVG Appendix EV + + +)
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content overview

FIRST PART
Personnel representations in the federal service
First chapterGeneral rules § § 1 to 11
Second chapterPersonnel Council, stepped representation, complete staff council, Staff Meeting§ § 12 to 56
First section Choice and composition of the Staff Council§ § 12 to 25
Second section Term of office of the Staff Council§ § 26 to 31
Third Party SectionPersonnel Management Board§ § 32 to 45
Fourth SectionLegal status of members of the Staff Council§ § 46, 47
Fifth SectionPersonnel Assembly§ § 48 to 52
Sixth sectionStep representations and overall personaladvice§ § 53 to 56
Third chapterYouth representation and youth assembly§ § 57 to 64
Fourth ChapterRepresentation of non-employees§ 65
fifth chapteremployee representation participation § § 66 to 82
First sectionGeneral § § 66 to 68
Second sectionForms and procedures of co-determination and Participation§ § 69 to 74
Third section Issues in which the Staff Council is to be involved§ § 75 to 81
Fourth SectionParticipation of the Step Representation and the General Personality Council§ 82
Sixth ChapterJudicial decisions§ § 83, 84
Seventh chapterRegulations for special administrative branches and the handling of classified information§ § 85 bis 93
SECOND PART
Personnel representations in the countries
First chapterFrame rules for the Country legislation§ § § 94 to 106
Second chapter Immediately applicable rules for countries§ § 107 to 109
THIRD PART
Penal rules(omitted)
FOURTH PART
Final Provisions§ § 112 to 119
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Input formula

The Bundestag, with the approval of the Bundesrat, has approved the following law:

First part
Federal Service Personnel Representations

First chapter
General rules

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§ 1

The federal and federal authorities, institutions and foundations of public law as well as the federal courts Personnel representatives shall be formed. The administrations in the sense of this law are also the operational administrations. Non-official table of contents

§ 2

(1) Service and staff representatives work with confidence and in accordance with the laws and collective agreements. Cooperate with the trade unions and employers ' associations represented in the department for the benefit of the employees and for the performance of the tasks assigned to the service.(2) In order to carry out the tasks and powers of the trade unions represented in the office of this Act, the representatives of the trade unions shall be granted access to the service after informing the head of the service or his representative; in so far as the unavoidable necessity of the service flow, mandatory safety regulations or the protection of service secrets are contrary to the unavoidable necessity of the service.(3) The tasks of the trade unions and the employers ' associations, in particular the exercise of the interests of their members, shall not be affected by this law. Non-official table of contents

§ 3

By means of collective agreements, the right of personnel representation cannot be regulated by way of derogation from this law. Non-official table of contents

§ 4

(1) Public service employees within the meaning of this Act are the officials and employees, including the employees and judges secondarily assigned to one of the administrations referred to in § 1 or for the purpose of carrying out a non-judicial activity to a court of the Federal Republic of Germany.(2) Anyone who is a civil servant shall determine the civil servant's laws.(3) Workers within the meaning of this Act are employed persons who are employees or who are employed as supertariff workers in accordance with the collective agreement or regulations governing the office of the service. Employees are also employees who are in a vocational training course.(4) (omitted) (5) As employees within the meaning of this Act, do not apply
1.
Persons whose Employment is primarily determined by motives of a charitable or religious nature,
2.
People who are mostly in their healing, re-accutation, moral or moral rights. Improving or bringing up education.
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§ 5

The officials and employees form one group each. The judges referred to in § 4 (1) shall join the group of officials. Non-official table of contents

§ 6

(1) Services within the meaning of this Act are the individual authorities, administrative offices and establishments in accordance with § 1 , as well as the courts.(2) The authority directly subordinate to a middle-level authority shall form a service with its subordinate bodies; this shall not apply, in so far as the further subordinated bodies in the administrative structure are responsible for the tasks and organisation of tasks. are self-employed. For the purposes of this Act, the authorities of the intermediate level are the authorities directly subordinate to the supreme service authority, to which other services are subordinate.(3) branches and parts of a service which are physically far from it shall be considered to be self-employed if the majority of their persons entitled to vote so decides by secret ballot. The decision shall take effect in respect of the following election and the term of office of the Staff Committee of which it is responsible.(4) In the case of joint services of the Federal Government and other bodies, only those employed in the Federal Service are deemed to be belonging to the service. Non-official table of contents

§ 7

The service department is acting as its director. It may be represented in the event of prevention by its permanent representative. In the case of top service authorities, he may also be appointed head of the Department of Personnel and Administrative Affairs, to the federal authorities without subordinate services and to the authorities of the middle level, also to the respective head of the department. appoint his representative. The same shall apply to other agents, provided that the Staff Committee agrees to this assignment. Non-official table of contents

§ 8

Persons performing tasks or powers under this Act may not be impeded and may not be subject to any of the following: It does not discriminate against or benefit from activities, including in the case of their professional development. Non-official table of contents

§ 9

(1) The employer intends to have one in a vocational training relationship in accordance with the Vocational Training Act, the After successful completion of the vocational training relationship, the Nursing Act or the Hebammen Act (apprentices), which is a member of a staff representative or a youth and trainee representative, does not enter into an employee If an employment relationship is to be taken over for an indefinite period, he must inform the trainee in writing three months before the end of the vocational training relationship.If, within the last three months before the end of the vocational training relationship, a trainee referred to in paragraph 1 requires the employer to continue his employment in writing, the apprentice and the employer shall apply in the Connection to the successful vocational training relationship an employment relationship to an indefinite period of time as justified.(3) Paragraphs 1 and 2 shall also apply if the vocational training relationship ends successfully before the end of a year after the end of the term of office of the Staff Committee or of the Representation of Youth and Apprentiate.(4) The employer may apply to the Administrative Court at the latest by the end of two weeks after the end of the vocational training relationship,
1.
to find out that a work relationship is not justified under paragraphs 2 or 3, or
2.
to dissolve the employment relationship already established in accordance with paragraphs 2 or 3,
where facts are available on the basis of which the employer, taking into account all the circumstances, cannot be expected to continue to be employed. In the proceedings before the Administrative Court, the Staff Committee, with a member of the youth and trainee representation, is also involved.(5) Paragraphs 2 to 4 shall apply irrespective of whether the employer has complied with his obligation to provide a notification in accordance with paragraph 1. Non-official table of contents

§ 10

(1) Persons who exercise or have exercised tasks or powers under this Act shall have access to the to keep silent about matters and facts that have been made known to them. Apart from the cases of § 68 (2) sentence 3 and § 93, the obligation of confidentiality shall not apply to members of the Staff Committee and to the representation of young people and trainees vis-à-vis the other members of the Representation and for those in sentence 1 shall be no longer applicable to the competent staff representative; they shall also not be responsible for the management of the staff, the representation of the staff of the staff concerned, and the staff of the staff. The second sentence shall also apply to the calling of the installation site.(2) The obligation of confidentiality shall not apply to matters or facts which are manifestly or which do not require secrecy in their meaning. Non-official table of contents

§ 11

An official suffers from the exercise of rights or performance of duties under this law If an accident, which would be a service accident within the meaning of the Civil Accident Welfare Legislation, should be applied accordingly.

Second chapter
Staff Council, stepped representation, Overall Personnel Council, Personnel Assembly

First Section
Election and Composition of the Staff Council

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§ 12

(1) Staff councils are formed in all departments that typically employ at least five persons entitled to vote, three of which are eligible to vote.(2) Services in which the conditions set out in paragraph 1 are not met shall be allocated by the superordinated service in agreement with the level representation of an adjacent service. Non-official table of contents

§ 13

(1) All employees who are entitled to vote on election days are 18. They shall not have the right to vote in public affairs or to vote in public affairs, unless they are entitled to vote in public affairs. Employees who have been on leave for more than six months on election days in the absence of the references are not entitled to vote.(2) Those who are secondhand to a service shall be entitled to vote in their right to vote as soon as the secondhand has lasted for more than three months; at the same time, he shall lose the right to vote at the old office. This does not apply to employees who are exempted as members of a phased representation or of the overall staff council. In addition, the first sentence shall not apply if it is established that the employee will return to the old service within six months. With regard to the loss of the right to vote at the old office, the sentences 1 and 3 apply accordingly in the case of an assignment in accordance with § 29 of the Federal Civil Service Act or on the basis of corresponding working contractual agreement.(3) Officials in the preparatory service and employees in appropriate vocational training shall only be entitled to vote at their parent authority. Non-official table of contents

§ 14

(1) Eligible are all eligible voters on election day
1.
for six months from the business unit of its top service authority, and
2.
have been employed in public administrations or operated by these companies for one year.
It is not possible to choose who, as a result of a judge's claim, will be entitled to to win public elections, not.(2) The persons referred to in § 13 (3) shall not be eligible for a step-by-step representation.(3) The persons referred to in § 7, as well as employees who are entitled to independent decisions in personnel matters of the department, are not eligible for the staff representation of their department. Non-official table of contents

§ 15

(1) If the top service authority or service office is less than one year, it is necessary for eligibility to be switched not the condition of § 14 para. 1 no. 1.(2) The requirement of § 14 (1) no. 2 shall be waited if there are not at least five times as many eligible employees of each group be present than to be elected according to § § 16 and 17. Non-official table of contents

§ 16

(1) The labor council is in departments with typically
5 to 20 persons entitled to vote
from a Person,
21 elective to 50 employees
from three members,
51 to 150 employees
from five members,
151 to 300 employees
from seven members,
301 to 600 employees
 from nine members,
601 to 1000 employees
from eleven members.

The number of members is increased in services with 1,001 to 5,000 employees by two for each more captured 1,000, with 5,001 and more employees by two for each more 2,000 each.(2) The maximum number of members shall be thirty-one. Non-official table of contents

§ 17

(1) If members of different groups are employed in the service, each group shall be responsible for the Shall be represented in the Staff Committee if it consists of at least three members. With the same strength of the groups, the lot decides. If a group makes no use of its right to be represented in the Personnel Council, it shall lose its right to representation.(2) The electoral board shall calculate the distribution of the seats among the groups in accordance with the principles of proportional representation.(3) A group receives at least
less than 51 group members
a representative,
for 51 to 200 group members
two representatives,
from 201 to 600 group members
three representatives,
at 601 to 1,000 group members 
four representatives,
at 1,001 to 3,000 group members
five representatives,
at 3,001 and more group members
six representatives.
(4) A staff council for which three members are provided in § 16 paragraph 1 out of four members, if a group counts at least as many employees as the other two groups together. The fourth member is the strongest group.(5) A group which normally does not belong to more than five employees shall be represented only if it comprises at least one twentieth of the employees of the service. In the absence of any representation or group election, any member of that group may, by means of a declaration to the head of election of another group, join in.(6) The Staff Council shall be composed of representatives of the different types of employment.(7) The gender should be represented in the Staff Council in accordance with the number ratio. Non-official table of contents

§ 18

(1) The distribution of members of the Staff Council to the groups may be ordered by way of derogation from § 17, if: each group shall decide to do so before the re-election, in separate secret ballots.(2) For each group, members of other groups may also be proposed. The elected representatives shall be considered to be representatives of the group for which they have been proposed. Sentence 2 shall also apply to replacement members. Non-official table of contents

§ 19

(1) The Personnel Council is elected in secret and direct election.(2) If the Staff Council consists of more than one person, the officials and employees shall elect their representatives (§ 17) in separate ballots, unless the eligible members of each group are in separate secret ballots prior to the re-election. Vote on the joint election. The decision shall require a majority of the votes of all eligible voters of each group.(3) The election shall be carried out in accordance with the principles of proportional representation. If only one nomination is submitted, the choice of person shall be held. In services whose staff consists of a person, it is elected by a simple majority of votes. The same applies to groups with only one representative in the Human Resources Council.(4) On the election of the Staff Council, the persons entitled to vote and the trade unions represented in the department may make election proposals. Each nomination of the employees must be signed by at least one twentieth of the eligible group members, but at least three persons entitled to vote. In any case, the signing by 50 eligible group members is sufficient. The employees who are not eligible pursuant to § 14 (3) shall not make or sign any nominations.(5) Where a common election has been adopted, any nomination by the employees of at least one twentieth of the persons entitled to vote must be signed; the second sentence of the second sentence of paragraph 4 shall apply accordingly.(6) If, in the event of a joint election, candidates are proposed for a group of non-group candidates, the election proposal must be signed by at least one tenth of the eligible members of the group for which they are proposed. The provisions of the third sentence of paragraph 4 shall apply accordingly.(7) Any employed person may be nominated only on an election proposal.(8) If no staff council exists in a service, the trade unions represented in the department may make election proposals for the election of the staff council. Paragraphs 4 to 6 shall not apply to these election proposals.(9) Any nomination of a union must be signed by two representatives; the agents must be employees of the service and belong to a trade union represented in the office. In case of doubt on the assignment, the electoral board may require the union to confirm the assignment. Non-official table of contents

§ 20

(1) At the latest eight weeks before the end of the term of office, the Staff Council shall appoint three persons entitled to vote as an electoral board. and one of them as chairman. If members of different groups are employed in the department, each group must be represented on the electoral board. If the office has female and male employees, the electoral board is to belong to women and men. A representative of the trade unions represented in the department shall be entitled to participate in the meetings of the electoral board with an advisory vote.(2) If no electoral board exists six weeks before the end of the term of office of the Staff Council, the Head of the Service shall, at the request of at least three persons entitled to vote or a trade union represented in the Service, convene a staff meeting Election of the electoral board. Paragraph 1 shall apply mutatily. The staff meeting elects a meeting manager. Non-official table of contents

§ 21

If there is no staff council in a service that meets the requirements of § 12, the head of the A staff meeting for the election of the electoral board. Section 20 (2) sentence 3 shall apply accordingly. Non-official table of contents

§ 22

A staff meeting (§ 20 para. 2, § 21) does not take place or does not elect the staff meeting The head of the department shall appoint him at the request of at least three persons entitled to vote or of a trade union represented in the office of election. Non-official table of contents

§ 23

(1) The electoral council has the right to initiate the election immediately; it shall take place no later than six weeks. If the electoral board does not comply with this obligation, the head of the department shall, at the request of at least three persons entitled to vote or of a union represented in the department, convene a staff meeting to elect a new one. Election board. Section 20 (2), third sentence, and § 22 shall apply accordingly.(2) As soon as the election has been completed, the electoral board shall make public the counting of the votes, shall establish the result of the vote in a minutes and shall inform the members of the office by means of a notice. A copy of the minutes shall be sent to the Head of Service and to the trade unions represented at the Service Centre. Non-official table of contents

§ 24

(1) No one is allowed to impede the election of the Staff Council or in a way that is contrary to the good morals influence. In particular, no person entitled to vote may be restricted in the exercise of active and passive voting rights. § 47 para. 1, 2 sentence 1 and 2 shall apply to members of the electoral board and to election candidates accordingly.(2) The costs of the election shall be borne by the service. The necessary failure of working time as a result of the exercise of the right to vote, the participation in the staff meetings referred to in § § 20 to 23 or the exercise in the electoral executive has no reduction in the remuneration of the remuneration or of the remuneration of the employees. Sequence. § 44 (1) sentence 2 and § 46 (2) sentence 2 shall apply accordingly to the members of the electoral board. Non-official table of contents

§ 25

At least three persons entitled to vote, any trade union represented in the service office or the head of the service office may, within a period of twelve working days from the date of notification of the result of the vote, contest the election of the Administrative Court in respect of essential provisions relating to the right to vote, to eligibility or to the electoral procedure , and a correction has not been made, unless the result of the breach has not been able to modify or influence the outcome of the election.

Second Section
Personnel Council's term of office

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§ 26

The regular term of office of the staff council is four years. The term of office shall begin with the day of the election or, if there is a staff council at that date, with the expiry of his term of office. It shall end at the latest by 31. May of the year in which the regular personnel council elections take place according to § 27 (1).

footnote

(+ + + § 26: For application see § 116b sentence 1 and 3 F. from 10.7.1989 + + +) Non-official table of contents

§ 27

(1) The regular personnel council elections will be held every four years in the time of 1. March to 31. -May instead.(2) Outside this time, the Personnel Council shall be elected if
1.
with the expiry of twenty-four months, of the days of the election, the number of regular employees increased by half, but at least by 50 or decreased, or
2.
the total number of members of the Staff Council has fallen by more than a quarter of the prescribed number, even after all spare members have entered, or
3.
the Staff Council by the majority of its members has decided to resign, or
4.
the Staff Council has been dissolved by a court decision or
5.
no staff council exists in the department.
(3) In the cases referred to in paragraph 2 (1) to (3), the Personnel Council will continue to do business until the new Personnel Council is elected.(4) If a group present in the department, which has previously been represented in the Staff Council, is no longer represented by a member of the Staff Council, this group shall elect new members.(5) If a selection of the staff council has taken place outside the period fixed for the regular election of the personnel council, the staff council shall be re-elected in the next period of the regular Personnel Council elections which follows on the election. If the term of office of the staff council has not yet been one year at the beginning of the period fixed for the regular election of the personnel council, the staff council will be re-elected during the next period of the regular Personnel Council elections.

Footnote

(+ + + § 27 (1) and (2) no. 1): For application, see § 116b F. from 10.7.1989 + + +) Non-official table of contents

§ 28

(1) The administrative court may request the exclusion of a member of the staff council or the dissolution of the staff council due to gross negligence on the part of the administrative court or a trade union represented on the office of the office of the person in question. , or because of gross violation of its legal obligations. For the same reasons, the Staff Council may apply for the exclusion of a member. The head of the department may request the exclusion of a member from the staff council or the dissolution of the staff council due to gross violation of his legal duties.(2) If the Staff Council is dissolved, the Chairman of the Chamber of Administration of the Administrative Court shall set up an electoral board. The Commission shall immediately initiate a new election. Until re-election, the electoral board shall carry out the powers and duties conferred on the Staff Council pursuant to this Act. Non-official table of contents

§ 29

(1) The membership in the Staff Committee is made up of
1.
expiration of the term,
2.
Dining up office,
3.
Service termination,
4.
exit from the service,
5.
Loss of eligibility with the exception of the cases of § 14 para. 2 sentence 1,
6.
Court decision in accordance with § 28,
7.
Determination after expiration of the in § 25 (
)
membership of the Staff Committee shall not be affected by a change in the group membership of a member, which shall remain representative of the group which elected it. Non-official table of contents

§ 30

The membership of an official in the Staff Council shall be at rest, as long as he or she is not responsible for the conduct of the business or he is due to a disciplinary procedure suspended against him, the service is provisionally dismissed. Non-official table of contents

§ 31

(1) If a member is a member of the staff council, a replacement member will enter. The same applies if a member of the staff council is temporarily prevented from doing so.(2) The replacement members shall be taken from the non-elected employees of those lists of proposals to which the members to be replaced are members. If the retired or prevented member is elected with a simple majority of votes, then the unelected employee shall enter the next higher number of votes as a substitute member.(3) Paragraph 29 (2) shall apply mutatily to a change of group membership prior to the entry of the substitute member to the Staff Committee.(4) In the case of Section 27 (2) no. 4, substitute members shall not enter.

Third Section
Management of the Staff Council

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§ 32

(1) The Human Resources Board is the executive board from its center. A member of each group represented in the Personnel Council must belong to this group. The representatives of each group shall elect the member of the board of directors who shall be responsible for them. The Executive Board conducts ongoing business operations.(2) The Personnel Council shall determine by a simple majority, which Board member shall take over the Chair. It shall at the same time determine the representative of the Chairman by his deputies. In doing so, account shall be taken of the groups to which the chairman is not a member, unless the representatives of such groups do without them.(3) The Chairman shall represent the Staff Committee within the framework of the decisions taken by the Council. In matters concerning only one group, the Chairman shall, if he/she does not belong to this group, shall represent the Staff Committee together with one of the members of the Executive Board. Non-official table of contents

§ 33

If the Staff Council has eleven or more members, it selects two from its center with a simple majority of votes. Other members of the Board of Directors. Members of the Personnel Council have been selected from electoral lists with different names and are not represented on the Board of Directors from the list, which is the second largest number, but at least one third of all of the members of the Board of Directors. If the members of the office have received votes cast, then one of the other members of the Management Board shall be elected from this list. Non-official table of contents

§ 34

(1) At the latest six working days after the election day, the electoral board has the members of the staff council To convene the required elections and to chair the meeting until the Human Resources Council appointed an election leader from among its members.(2) Further meetings shall be held by the Chairman of the Staff Committee. It sets the agenda and conducts the trial. The Chairman shall invite the members of the Staff Committee to the meetings in good time on the agenda of the agenda. Sentence 3 shall also apply to the charge of the representatives of the disabled, the members of the youth and trainee representatives and the representatives of the non-permanent employees, in so far as they have a right to participate in the meeting.(3) At the request of one-quarter of the members of the Staff Council, the majority of the representatives of a group, the Head of the Service, in matters concerning particularly severely damaged employees, the man of confidence of the severely damaged persons or in matters relating in particular to the employees referred to in § 57, the majority of the members of the youth and trainee representation, the chairman shall convene a meeting and the subject whose advice is requested shall be: to the agenda.(4) The Head of the Service shall take part in the meetings which are scheduled for his request and at the meetings to which he is expressly invited. Non-official table of contents

§ 35

The sessions of the Staff Council are not public; they are usually held during working hours. The Staff Council must take account of the service requirements in the course of its meetings. The Head of the Service shall be notified of the date of the meeting. Non-official table of contents

§ 36

At the request of a quarter of the members, or the majority of a group of the staff council, an agent may be a trade union represented in the Staff Council, in an advisory role at the meetings, in which case the date of the meeting and the agenda of the trade union shall be communicated in good time. Non-official table of contents

§ 37

(1) The decisions of the staff council are taken with a simple majority of votes of the members present. Abstention is considered a rejection. In the event of a tie, an application shall be rejected.(2) The Personnel Council shall be eligible only if at least half of its members are present; substitute members are allowed to be deputising. Non-official table of contents

§ 38

(1) The Staff Council will jointly advise and advise on the common affairs of officials and employees. decided.(2) In matters relating only to the members of a group, only the representatives of this group are called for decision-making after joint deliberation in the Staff Committee. This does not apply to a group that is not represented in the Personnel Council.(3) Paragraph 2 shall apply mutatily to matters relating solely to the members of two groups. Non-official table of contents

§ 39

(1) The majority of the representatives of a group or of the youth and trainee representatives consider a decision to be taken of the Staff Council, as a significant impairment of the important interests of the employees represented, the decision shall be suspended from the date of the decision to suspend the decision for a period of six working days. In this period, an agreement should be sought, possibly with the help of the trade unions represented among the members of the Staff Council or the representatives of the youth and trainee. The suspension of a decision in accordance with the first sentence shall not result in an extension of a period.(2) After the expiry of the period, a new decision shall be taken on the matter. If the first decision is confirmed, the application for suspension may not be repeated.(3) The provisions of paragraphs 1 and 2 shall apply mutatily if the representatives of the severely disabled persons consider a decision of the Staff Council to be a significant impairment of the important interests of the severely damaged persons. Non-official table of contents

§ 40

(1) A representative of the youth and trainee representative who is named by it, and the representative of the Disabled representatives can participate in all meetings of the Staff Council. The entire youth and trainee representation can participate in the treatment of matters which are particularly concerned with the employees referred to in § 57. In the case of decisions of the Staff Council, which mainly concern the employees referred to in § 57, the youth and trainee representatives shall have the right to vote.(2) In the treatment of matters concerning particularly the non-permanent employees, the representatives referred to in § 65 (1) may participate in an advisory capacity. A non-official table of contents

§ 41

(1) A minutes shall be recorded at each negotiation of the Staff Council, which shall at least read the text of the Decisions and the majority of votes with which they are taken. The minutes shall be signed by the chairman and one other member. The minutes shall be accompanied by a list of attendance, in which each participant will have to register on their own.(2) If the Head of the Service or Representative of the Trade Unions has participated in the meeting, the relevant part of the minutes shall be sent to them in writing. Objections to the minutes shall be made immediately in writing and shall be accompanied by the minutes of the minutes. Non-official table of contents

§ 42

Other management provisions may be made in a point of order, which Staff Council shall act by a majority of its members. Non-official table of contents

§ 43

The labor council can set up office hours during working hours. The time and place shall be determined by agreement with the head of the service. Non-official table of contents

§ 44

(1) The costs incurred by the work of the staff council shall be borne by the service. Members of the staff council receive travel expenses according to the Federal Travel Costs Act when travelling, which is necessary for the performance of their duties.(2) For the meetings, the office hours and the day-to-day management, the office has to provide rooms, business needs and office staff in the required scope.(3) The Staff Committee shall be provided with appropriate places for announcements and attacks in all departments. Non-official table of contents

§ 45

The staff council may not collect or accept any contributions for its purposes from the employees. name="BJNR006930974BJNG000700314 " />

Vated Section
Personnel Board Legal Status

Non-tampering

§ 46

(1) The members of the Staff Council shall hold their office free of charge as an honorary office.(2) The failure of working time, which is necessary for the proper implementation of the tasks of the Staff Council, does not result in a reduction in the remuneration of the remuneration or the remuneration of the work. If members of the staff council are claimed by the performance of their duties beyond the regular working hours, they shall be granted duty-free on an appropriate scale.(3) Members of the Staff Council shall be exempted from their official duties if and in so far as it is necessary for the proper performance of their duties in accordance with the scope and type of service. In selecting the members to be released, the Staff Committee shall first take into account the members of the Management Board elected pursuant to Section 32 (1), then the supplementary members elected pursuant to section 33 and finally other members. In the case of further exemptions, the votes cast on the individual ballot lists shall be taken into account by the maximum payment procedure if the election of the Staff Council is carried out in accordance with the principles of proportional representation (Section 19 (3) sentence 1). , the members of the Management Board exempted in accordance with the second sentence shall be deducted from the waivers to be made to each nomination list. In the case of the choice of persons (§ 19 para. 3 sentence 2), the ranking of the additional members to be released shall be determined by the number of votes cast for them in the election to the staff council. If the members of the groups represented in the Staff Committee have been elected in accordance with the principles of proportional representation, in part by the choice of person, the groups shall be subject to further exemptions according to the number of their members after the to take account of the maximum number of procedures; within the groups, the further exemptions in this case shall be determined according to the electoral procedure, in the appropriate application of the sentence 3 and in accordance with the fourth sentence. The exemption shall not lead to an impairment of professional career.(4) In accordance with paragraph 3, they shall be exempted from their official duties in departments with as a rule
300 to 600 employees one member,
601 to 1000 employeestwo members,
1.001 to 2000 Employeesthree members,
2,001 to 3,000 employeesfour members,
3.001 to 4,000 employeesfive members,
4.001 to 5,000 employees Six members,
5,001 to 6,000 employeesseven members,
6.001 to 7,000 employeeseight members,
7.001 to 8,000 employeesnine members,
8.001 to 9,000 employeesten members,
9.001 to 10,000 employees 11 members.

In services with more than 10,000 employees, another 2,000 employees are to be released for each of the other employees. Sentences 1 and 2 may be dismissed by agreement between the Staff Committee and the Head of Service.(5) The members of the Staff Council, who are completely exempted from their duties, receive a monthly allowance. Only in part, but at least for half of the regular working time, members of the personnel council receive half of the allowance according to sentence 1. The Federal Government shall determine the amount of compensation for compensation by means of a regulation which does not require the consent of the Federal Council.(6) The members of the Staff Committee shall be exempted from the service in the form of payment of the remuneration for participation in training and educational events, provided that such knowledge is provided to the staff required for the work of the Staff Committee.(7) Without prejudice to paragraph 6, each member of the Staff Council shall be entitled, during his regular term of office, to an exemption from the service under the payment of the remuneration for a total of three weeks in order to attend training and educational events; which are recognized as suitable by the Federal Agency for Political Education. Employees who, for the first time, assume the office of a member of the staff council and who have not previously been the representatives of the youth and the trainee, have a claim for a total of four weeks after the first sentence. Non-official table of contents

§ 47

(1) The extraordinary cancellation of members of the staff council that is in a work relationship is required the approval of the Staff Council. If the Staff Council refuses to give its consent or if it does not express its opinion within three working days of receipt of the application, the Administrative Court may, at the request of the Head of Service, replace it if the extraordinary notice of termination is under Consideration of all circumstances is justified. In the proceedings before the Administrative Court, the worker concerned shall be involved.(2) Members of the Staff Council may only be transferred or secondhand against their will if this is unavoidable, even taking into account the membership of the Staff Council for important service reasons. As a transfer within the meaning of the first sentence, the implementation associated with a change of duty station shall also apply in the same service point; the catchment area in the sense of the right to move costs belongs to the place of service. The translation or secondation of members of the Staff Council shall be subject to the approval of the Staff Council.(3) The provisions of paragraphs 1, 2 and § 15, 16 of the law on protection against dismissal do not apply to officials in the preparatory service and employees in appropriate vocational training. In addition, paragraphs 1 and 2 shall not apply to the movement or secondation of such employees to another service after the training relationship. The membership of the employees referred to in the first sentence of the Staff Council shall be without prejudice to § 29, as long as they are transferred or secondhand to another service office in accordance with the requirements of their training. name="BJNR006930974BJNG000800314 " />

Fifth Section
Staff Assembly

Non-Official Table of Contents

§ 48

(1) The Staff meeting consists of the employees of the office. It is led by the Chairman of the Staff Council. It's not public.(2) If, according to the conditions of the service, a common assembly of all employees cannot take place, partial assemblies shall be held. Non-official table of contents

§ 49

(1) The Personnel Council has an activity report once in each calendar half-year in a staff meeting. be reimbursed.(2) The Staff Committee shall be entitled and, at the request of the Head of the Service or a quarter of the eligible employees, shall be obliged to convene a staff meeting and shall be entitled to the subject matter whose deliberation is requested to the The agenda should be set.(3) At the request of a trade union represented in the office, the Staff Committee must convene a staff meeting in accordance with paragraph 1 before the end of twelve working days after the receipt of the application if no Staff meeting and no sub-assembly have been carried out. Non-official table of contents

§ 50

(1) The one referred to in § 49 (1) and convened at the request of the Head of the Service Staff meetings take place during working hours, unless the service conditions require a different arrangement. Participation in the staff meeting does not lead to a reduction in the remuneration or the remuneration of the work. To the extent that, in the cases of the first sentence, staff meetings have to take place outside the working hours for the sake of service, the participants must be granted a service exemption to the appropriate extent. Travel expenses incurred by the participation in staff meetings in accordance with the first sentence shall be reimbursed in the appropriate application of the Federal Travel Costs Act.(2) Other staff meetings shall take place outside working time. This may be dismissed in agreement with the head of the service. Non-official table of contents

§ 51

The Staff Assembly may submit applications to the Staff Committee and submit comments on its decisions. It may deal with all matters directly affecting the department or its employees, in particular tariff, pay and social matters, as well as questions relating to the promotion of women and the compatibility of family and work. § 66 (2) and § 67 (1) sentence 3 shall apply mutatily to the Staff Assembly. Non-official table of contents

§ 52

(1) Representatives of all trade unions represented in the department and a representative of the Employers ' Association, which is a member of the Service, is entitled to participate in the Staff Meeting with a consultative vote. The Staff Council shall notify the convening of the Staff Meeting of the trade unions referred to in the first sentence and of the employers ' association. An appointed member of the staff council or the general staff council, as well as a representative of the department where the staff is represented, can take part in the staff meeting.(2) The Head of the Service may participate in the Staff Meeting. He has to participate in meetings that are convened at his request or to which he is expressly invited.

Sixth section
Step representations and General Personality Council

Non-official table of contents

§ 53

(1) For the multi-level administration business unit, the authorities of the middle level are becoming district councils, in the case of the top service authorities, are the main staff councils.(2) The members of the District Supervisory Board shall be elected by the Division of the Authority of the Central Level, the members of the Main Personality Council shall be elected by the staff members of the Division of the Supreme Service.(3) § § 12 to 16, § 17 (1), (2), (6) and (7), § § 18 to 21 and 23 to 25 apply accordingly. Section 14 (3) applies only to the employees of the department in which the step-by-step representation is to be established. A staff meeting for the appointment of the district or main electoral board does not take place. In its place, the head of the department at which the stepped representation is to be established shall exercise the power to appoint the electoral board in accordance with Section 20 (2), § 21 and 23.(4) If the staff councils and the stage representatives are elected simultaneously in an administration, the electoral boards of the departments shall conduct the elections of the level representatives on behalf of the district or main electoral board; otherwise, order at the request of the staff councils or, if they do not exist, the heads of the services the local electoral boards for the election of the stage representatives.(5) Each group shall receive at least one representative in the stages representative. If the level representation consists of more than nine members, each group shall receive at least two representatives. Section 17 (5) shall apply accordingly. Non-official table of contents

§ 54

(1) § § 26 to 39, 40 para. 1, § § 41, 42, 44, 45, 46 para. 1 to 3 and 5 to 7 § § § § 26 to 39, § § § 54 § § § § § § § § § § § § § § § § § § § § 47 as far as nothing else is determined in paragraph 2.(2) Paragraph 34 (1) shall apply with the proviso that the members of the stepped representation shall be convened no later than twelve working days after the election day. Non-official table of contents

§ 55

In the cases of § 6 para. 3, an overall staff council is formed in addition to the individual staff councils. Non-official table of contents

§ 56

For the entire staff council, § 53 (2) and (3) and § 54 (1) sentence 1 shall apply accordingly. name="BJNR006930974BJNG001001307 " />

Third Chapter
Youth and Trainee Representation, Youth and Apprentice Assembly

A non-official table of contents

§ 57

In departments where staff representatives are formed and who usually belong to at least five employees, who are the 18. (young employees) or who are in a vocational training course and 25 years of age. Youth and trainees ' representatives are formed in the age of life. Non-official table of contents

§ 58

(1) All employees referred to in § 57 are entitled to vote. Section 13 (1) shall apply accordingly.(2) Eligible are employees who do not yet have the 26 in the election day. Have completed their life year. Section 14 (1), first sentence, second sentence, (2), (2) and (3) shall apply accordingly. Non-official table of contents

§ 59

(1) The youth and trainee representation is in services with typically
§ 57
5 to 20 of the employees mentioned in § 57
from a youth and
trainee representative,
21 to 50 of the in § 57 named employees
from three youth and
 trainees,
51 to 200 employees listed in § 57 employees
from five youth and
trainee representatives,
201 to 300 of the employees mentioned in § 57
 from seven youth and
trainee representatives,
301 to 1000 of the employees mentioned
from eleven youth and
trainee representatives,
more than 1000 of the in § 57 named employees
from fifteen youth and
trainee representatives.
(2) The youth and trainee representation is to be made up of representatives of the different types of employment of the employees mentioned in section 57 together.(3) The sexes should be represented in the youth and trainee representation according to their numerical ratio. Non-official table of contents

§ 60

(1) The Personnel Council determines the electoral board and its chairman. § 19 (1), (3), (4) sentence 1, (5), (7) and (9), § 20 (1) sentences 3 and 4, § 24 (1) sentence 1 and 2, (2) and (25) shall apply accordingly.(2) The regular term of office of the youth and trainee representation is two years. It shall begin with the day of the election or, if at that time there is still a youth and trainee representation, with the expiry of its term of office. The regular elections of the youth and trainee representation are held every two years in the time of 1. March to 31. -May instead. The term of office shall end at the latest by 31 December May of the year in which the periodic elections of the youth and trainee representation take place after the third sentence. In the case of the choice of youth and trainee representation outside the period for the regular elections, § 27 (2) no. 2 to 5, para. 3 and 5 shall apply accordingly.(3) If the representation of young people and trainees is made up of three or more members, it shall elect a chairperson and his deputy from among its members.(4) § § 28 to 31 shall apply accordingly. Non-official table of contents

§ 61

(1) The youth and trainee representation has the following general tasks:
1.
Measures that serve the employees referred to in § 57, especially in questions of vocational education and training, Council of Staff,
2.
to ensure that the laws, regulations, and accident prevention regulations in force in favour of the employees referred to in § 57 are applicable, Collective agreements, service agreements and administrative arrangements,
3.
Suggestions and complaints of employees referred to in § 57, in particular in Questions of vocational education and training, and, if they appear justified, to work for an execution in the Staff Council; the representation of young people and trainees on the status and the status of the employees referred to in § 57 The outcome of the negotiations is to be informed.
(2) The cooperation between the youth and trainees ' representatives with the Staff Council is determined in accordance with § 34 para. 3, § § 39 and 40 (1).(3) In order to carry out its tasks, the Staff Committee shall be informed in a timely and comprehensive manner by the Staff Committee of the representation of young people and trainees. The representation of young people and trainees may require the Staff Committee to make the necessary documents available for the performance of their duties.(4) The Staff Council shall be responsible for the youth and trainee representation of the meetings between the Head of Service and the Staff Council in accordance with Section 66 (1) if matters relating to employees referred to in § 57 are dealt with.(5) The representation of youth and trainees can hold meetings after the Staff Council has reached an agreement; § 34 (1), (2) shall apply mutaficly. A member of the staff council appointed by the Staff Council can participate in the meetings of the youth and trainee representation. Non-official table of contents

§ 62

The representation of young people and trainees is governed by § § 43 to 45, § 46 (1), 2, 3 sentence 1 and 6, para. 6, 7, and Section 67 (1), third sentence, mutatily. § 47 shall apply accordingly, with the proviso that the extraordinary dismissal, the translation and the secondment of members of the youth and trainee representatives shall require the approval of the staff council. For members of the electoral board and election candidates, § 47 para. 1, 2 sentences 1 and 2 shall apply accordingly. Non-official table of contents

§ 63

The representation of young people and trainees once in each calendar year has a youth and trainee meeting on the market. This is to take place as soon as possible before or after a regular staff meeting. It is led by the chairperson of the youth and trainee representation. The Chairman of the Staff Council or a member appointed by the Personnel Council shall take part in the Youth and Trainees ' Meeting. The rules applicable to the staff meeting shall be applied in accordance with the appropriate provisions. In addition to the youth and trainee meeting referred to in the first sentence, a further meeting, not at the request of the Head of the Service, may take place during working hours. Non-official table of contents

§ 64

(1) For the multi-level administration business unit, the authorities will be responsible for the number of stages represented. the middle-level district youth and trainee councils and at the top service authorities main youth and trainee representative offices. § 53 (2) and (4) as well as § § 57 to 62 shall apply mutagenly to the youth and trainees ' representative offices.(2) In the cases of Section 6 (3), a total youth and trainee representation is formed in addition to the individual youth and trainee representative offices. The second sentence of paragraph 1 applies accordingly.

Fourth Chapter
Representation of the non-permanent employees

unofficial table of contents

§ 65

(1) During the term of office of the staff council, the number of employees temporarily increases by more than 20 people, who are expected to be only for one For a maximum period of six months, the non-employed persons in secret ballot select
21 to 50 employees not permanently employed
a representative,
at 51 to 100 non-continuous Employees
two representatives,
at more than 100 non-permanent employees
three representatives.

The staff council determines the Electoral board and its chairman. In addition, for the election of the representatives § 13 (1) and (3), § § 14, 17 (6) and (7), § § 19, 24 (1) sentences 1 and 2, para. 2 and § 25 with the exception of the regulations concerning the duration of the affiliation to the business unit of the highest service authority and to the Public service accordingly.(2) The term of office of the representatives referred to in paragraph 1 shall expire at the end of the period laid down for the employment of the non-employed persons or with the absence of conditions for their choice. § 26 sentence 2, § 27 (2) No. 2 to 4, para. 3 and § § 28 to 31 apply accordingly.(3) For the representatives referred to in paragraph 1, § § 43 to 45, § 46 (1), 2, 3 sentence 1 and § 67 (1) sentence 3 shall apply in the appropriate sense.(4) At the meetings of the Staff Council, the representatives referred to in paragraph 1 shall take part in accordance with Section 40 (2).

Fifth Chapter
Participation of the Staff Committee

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First Section
General

Non-Official Table of Contents

§ 66

(1) The Head of the The Office and the Staff Committee shall meet at least once a month for meetings. They should also be used to deal with the design of the service, in particular all the operations which affect the employees. They have to negotiate on contentious issues with the serious will to reach agreement, and to make proposals for settling disagreements.(2) Service and Staff Committee shall refrain from any action which may affect the work and peace of the Service. In particular, the office and the staff representative must not carry out any measures of the working struggle against each other. This does not affect labour disputes of collective parties.(3) External entities may not be called until agreement has not been reached in the service. Non-official table of contents

§ 67

(1) Service and staff representatives have to ensure that all members of the office are entitled to and equity, in particular that any discrimination against persons on the grounds of their racial or ethnic origin, their nationality, their religion or belief, their nationality, their religion or belief, their nationality, their nationality, their religion or belief, disability, age, political or trade union activity or recruitment, or because of gender or sexual identity. In doing so, they must behave in such a way that the confidence of the members of the administrative staff is not affected by the objectivity and neutrality of their management. The Head of the Service and the Staff Committee shall refrain from any party-political activity in the Service; this shall not affect the treatment of tariff, pay and social affairs.(2) Employees who carry out tasks under this Act shall not be restricted in the operation of their trade union either in the office of employment.(3) The Staff Committee shall be committed to the maintenance of the freedom of association of employees. Non-official table of contents

§ 68

(1) Staff representation has the following general tasks:
1.
Actions that serve the service and their loved ones to apply
2.
To ensure that the laws, regulations, collective agreements, service agreements and administrative arrangements in favour of the employees are carried out ,
3.
receive suggestions and complaints from employees and, if they appear to be justified, by negotiation with the head of the service to their Work to do so,
4.
The integration and professional development of severely damaged and other vulnerable, in particular older persons, to promote,
5.
Measures to promote professional promotion of more severely damaged persons,
5a.
the enforcement of the actual equality of women and men, especially in recruitment, employment, education, training, and career advancement,
6.
The integration of foreign workers into the office and the understanding between them and the German employees. promote,
7.
to work closely with the youth and trainee representation to promote the interests of the employees referred to in § 57.
(2) Staff representatives shall be informed in a timely and comprehensive manner in order to carry out their duties. You must submit the necessary documents for this purpose. Personnel records may only be viewed with the consent of the employee and only by the members of the Staff Committee appointed by him. Service assessments are to be brought to the attention of the staff representative at the request of the employee.

Second section
Forms and procedures of participation and participation

Non-official table of contents

§ 69

(1) If a measure is subject to the co-determination of the Staff Council, it can only be met with its consent .(2) The Head of the Service shall inform the Staff Committee of the proposed action and request its consent. The Staff Council may request that the Head of the Service establish the intended measure; the Staff Council may also require a written statement of reasons other than in personnel matters. The decision of the Staff Council on the requested consent shall be communicated to the Head of the Service within ten working days. In urgent cases, the Head of the Service may reduce this period to three working days. The measure shall be deemed to have been approved unless the Staff Council, within the said period, refuses to give its consent in writing, indicating the reasons for the decision. In so far as complaints or claims of an actual nature are presented which are unfavourable to an employee or which may be detrimental to him, the employee shall be given the opportunity to express his views; the statement shall be made available to the person concerned.(3) If an agreement is not reached, the Head of the Service or the Staff Council may, within six working days, submit the matter to the superordinated services in which the level of the agencies are composed. In corporate bodies, institutions or foundations of public law, the supreme authority provided for in its constitution for management is to be called the supreme service authority. In case of doubt, the competent top federal authority shall designate the body to be called upon. Paragraph 2 shall apply accordingly. If the Head of the Service presents the matter in accordance with the first sentence of the parent department, he shall inform the Staff Committee accordingly, stating the reasons.(4) If no agreement is reached between the top service authority and the competent staff representation that exists with it, the resolution body decides (§ 71); in the cases of Section 77 (2), it shall determine whether a reason for refusing to refuse the Consent is available. The unit shall decide within two months of the declaration by a party to the effect of seeking to bring about the decision of the unit of unification. In the cases of § § 76, 85 (1) no. 7, if it does not agree with the opinion of the supreme service authority, the unit of approval shall adopt a recommendation to it. The supreme service authority shall then decide definitively.(5) The Head of the Service may take interim measures in the case of measures which do not allow the nature of the matter to be postponed until the final decision is taken. It shall notify the Staff Committee of the provisional arrangements and shall establish or continue the procedure referred to in paragraphs 2 to 4 immediately and without delay. Non-official table of contents

§ 70

(1) The staff council requests a measure which, according to § 75 (3) Nos. 1 to 6 and 11 to 17 of its co-determination , he shall propose them in writing to the Head of the Service. If the application does not comply with the application, the further proceedings shall be determined in accordance with Section 69 (3) and (4).(2) In order to propose a measure to be subject to the provisions of the Staff Regulations referred to in the first sentence of paragraph 1, the Staff Committee shall, in writing, propose to the Head of the Service. If the application does not comply with the application, the further proceedings shall be determined in accordance with Section 69 (3); the supreme service authority shall decide definitively. Non-official table of contents

§ 71

(1) The location is formed at the top service authority. It consists of three co-sitters, appointed by the top service authority and the relevant personnel representation, and a non-partisan chairman, on whose person both sides agree. A civil servant and an employee must each be located among the co-workers appointed by the Staff Committee, unless the matter concerns only the officials or the employees working in the employment relationship. If an agreement is not reached on the person of the Chairman, the President of the Federal Administrative Court appoints him.(2) The trial is not public. The supreme service authority and the competent staff representative shall be given the opportunity to make an oral statement. In agreement with the parties concerned, the statement may be made in writing.(3) The resolution shall be decided by decision. It may also partially meet the requests of the parties concerned. The decision shall be taken by a majority of votes. It must comply with the legislation in force, in particular the Budget Law.(4) The decision shall be notified to the parties concerned. In addition to the cases of § 69 (4) sentences 3, 5, it shall bind the parties to the extent that it contains a decision within the meaning of paragraph 3. Non-official table of contents

§ 72

(1) As far as the staff council is involved in decisions, the intended measure shall be taken prior to implementation with the To discuss the objectives of an understanding in good time and in detail with him.(2) The Staff Council shall not express itself within ten working days or if it does not uphold its objections or proposals, the proposed measure shall be deemed to have been approved. If the Personnel Council collects objections, he shall inform the Head of the Service of the reasons. Section 69 (2) sentence 6 shall apply accordingly.(3) In the event that the Office does not or does not fully comply with the objections of the Staff Council, it shall inform the Staff Committee in writing, stating the reasons for its decision.The Staff Committee of a subordinated service may, within three working days of receipt of the notification by service, be able to take the matter to the superordinate services in which there are progressive agencies, with the application for a decision . These decisions will be taken after negotiation with the existing representation of the phased states. Section 69 (3) sentences 2, 3 shall apply accordingly. A copy of his application shall be the head of the Staff Council of his department.(5) If an application is submitted in accordance with paragraph 4, the intended measure shall be suspended until the decision of the called office.(6) § 69 (5) shall apply accordingly. Non-official table of contents

§ 73

(1) Service agreements are allowed as long as it expressly provides for this law. They shall be jointly decided by the Department of Service and the Staff Council, shall be established in writing, shall be signed by both sides and shall be notified in a suitable manner.(2) Service agreements which apply to a larger area shall be subject to the service agreements for a smaller area. Non-official table of contents

§ 74

(1) decisions in which the staff council was involved shall execute the service, unless in the case of the Individual case has been agreed otherwise.(2) The Staff Council may not intervene in the service through unilateral acts.

Third Section
Issues in which the Staff Council is to be involved

Non-official table of contents

§ 75

(1) The Personnel Council has to be part of the employees ' personnel matters at
1.
Setting,
2.
Transfer of a higher or lower-rated activity, higher-or regrouping, grouping,
3.
Replacement to another service, implementation within the office, if it is connected to a change of duty station (the catchment area in the sense of the right to move costs) belongs to the place of service),
4.
Abordination for a duration of more than three months,
4a.
Assignment according to § 29 of the Federal Officials Act for a period of more than three months,
5.
Continuing beyond the age limit,
6.
Orders that freedom in the choice of
7.
Revocation or revocation of the approval of a secondary activity.
(2) The Human Resources Board has to participate in social affairs at
1.
Granting support, advances, loans, and corresponding social Grants,
2.
Allocation and dismissal of the apartments on which the service has the service, and the general terms of use,
3.
assignment of service and pasture land and setting the terms of use.
If an employee has applied for a performance in accordance with point 1, the staff council will only be on his Application; at the request of the applicant, only the Executive Board of the Personnel Council shall determine. At the end of each quarter of each calendar year, the Office shall provide the Staff Council with an overview of the support and the corresponding social benefits. The applications and services are to be compared. Information on the reasons cited by the applicants will not be given here.(3) In so far as a statutory or tariff regulation does not exist, the Staff Council shall, where appropriate, be determined by concluding service agreements on
1.
Start and end of daily working time and breaks, as well as the distribution of working time to each weekday,
2.
time, location and type of payout and labor charges,
3.
The vacation plan is set up, Setting the period of rest leave for individual employees, if no agreement is reached between the head of service and the employees involved,
4.
questions of payroll design within the department, in particular the establishment of pay principles, the introduction and application of new pay methods and their Change as well as the setting of chord and premium rates and comparable performance-related charges, including monetary factors,
5.
Construction, administration and Resolution of social institutions without regard to their legal form,
6.
Implementation of vocational training in employees,
7.
Selection of participants in training events for employees,
8.
Content of personnel questionnaire for workers,
9.
Employee assessment guidelines,
10.
Order of Trust or occupational physicians as employees,
11.
Measures to prevent service and occupational accidents and other health damage,
12.
Principles on the evaluation of approved proposals in the framework of the operational proposal,
13.
List of social plans including plans for retraining to compensate or mitigate economic disadvantages suffered by the employee as a result of Rationalization measures are created,
14.
See the RFQ of service posts to be filled in
15.
Regulation of the Order in the Service and the Behavior of the Employees,
16.
Design of the Jobs,
17.
Introduction and application of technical equipment designed to improve the behaviour or performance of employees.
(4) For groups of persons employed, the daily working time (paragraph 3 (1)) is fixed on an irregular and short-term basis, according to requirements which cannot be foreseen by the office of employment, the co-determination shall be limited to: the principles for the establishment of the service plans, in particular for the arrangement of service, multi-time work and overtime.(5) Labour charges and other working conditions, which are governed by collective agreements or are usually regulated, cannot be the subject of a service agreement (paragraph 3). This shall not apply if a collective agreement expressly permits the conclusion of supplementary service agreements. Non-official table of contents

§ 76

(1) The staff council has to be co-determined in the personnel affairs of the officials at
1.
setting, inset,
2.
Carriage, transfer of another office with a higher final basic salary without changing the name of the office, awarding another office with a different official title when changing the runway group, runway change,
3.
transfer of a higher or lower job to be evaluated
4.
Replacement to another service, implementation within the office, if it is connected to a change of duty station (the catchment area in the sense of the right to move costs) belongs to the place of service),
5.
Abordination for a duration of more than three months,
5a.
Assignment according to § 29 of the Federal Officials Act for a period of more than three months,
6.
Orders, which restrict the freedom in the choice of the apartment,
7.
Say or revocation of the permission of a secondary activity,
8.
Rejection of an application in accordance with § § 91, 92, 92a or § 95 of the Federal Civil Service Act on part-time employment, reduction of regular working hours or holidays,
9.
Postponement of retirement due to reaching the age limit.
(2) The Staff Council has, in so far as a statutory or tariff regulation does not exist, where appropriate, by concluding service agreements, by using
1.
Participant selection Training events for civil servants,
2.
Content of personnel questionnaire for civil servants,
3.
officials review policies,
4.
Order of trust or business doctors as Officials,
5.
Measures to improve work performance and ease of work,
6.
general questions of employee training,
7.
Introduction of fundamentally new Working methods,
8.
Guidelines on the personal selection of settings, dislocations, regroupings, and dismissals,
9.
asserting replacement claims against an employee,
10.
Measures that enforce the effective equality between women and men, in particular in recruitment, employment, training, continuing education and training and promotion.
In the cases of point 9, the Staff Council shall determine only at the request of the employed persons, who shall be informed of the intended measure in good time beforehand. Non-official table of contents

§ 77

(1) In personnel matters of the employees referred to in § 14 (3), the officials at the time, who In accordance with Section 75 (1), section 76 (1) of the Staff Council, employees with predominantly scientific or artistic activities shall only determine if they apply for it. Section 75 (1) and (3) (14), section 76 (1) shall not apply to officials designated in Section 54 (1) of the Federal Civil Service Act and to officers from grade A 16 upwards.(2) In the cases of Section 75 (1) and Section 76 (1), the Staff Council may refuse to consent if
1.
the measure against a law, a regulation, a provision in a collective agreement, a court decision, the women's support plan, or an administrative order or against a Directive within the meaning of Article 76 (2) (8) or
2.
is the concern based on facts that the action of the employees concerned or others Employees are disadvantaged, without this being justified on grounds of service or personal reasons, or
3.
is the concern based on facts, that the employee or candidate is likely to disturb peace in the office through unsocial or unlawful conduct.
Unofficial Table of Contents

§ 78

(1) The labor council works with
1.
Administrative arrangements of a service for the internal, social and personal affairs of the employees of their business unit, if not according to § 118 of the Federal Civil Service Act (Bundesbeamtengesetz) the leading organizations of the competent Trade unions are to be involved in the preparation process,
2.
Resolution, restriction, transfer or merger of departments or essential parts of them,
3.
Collection of the disciplinary situation against an official,
4.
Dismissal of officials to rehearsal or revocation, if they have not applied for dismissal yourself,
5.
early retirement.
(2) In the cases referred to in paragraph 1 No. 3 to 5 shall apply mutatily for the participation of the Staff Council § 77 (1) sentence 2. In the cases referred to in paragraph 1 (3) to (5), the Staff Committee shall be involved only at the request of the employee; in such cases, the staff member shall be informed of the proposed measure in good time. In the case of the participation referred to in paragraph 1 (3), the Staff Council may rely on the reasons referred to in Article 77 (2) (1) and (2).(3) Prior to the forwarding of staff requirements to the estimates, the Staff Committee shall be consulted. If the staff council of a subordinated office gives an opinion on the staffing requirements, it shall be submitted with the staff requirements of the parent department. This applies accordingly to personnel planning.(4) Paragraph 3 shall apply mutatily to new, rebuilding and extension buildings of service spaces.(5) The Staff Council shall be consulted prior to fundamental changes in working procedures and work processes. Non-official table of contents

§ 79

(1) The Personnel Council acts with the employer upon the regular notice of termination. Section 77 (1) sentence 2 shall apply accordingly. The Staff Council may object to the dismissal if, according to its opinion,
1.
in the case of the Selection of the worker to be announced, social aspects have not been taken into account or have not been sufficiently taken into account,
2.
the dismissal against a directive in the sense of Article 76 (2) (8),
3.
the employee to be announced at another workplace in the same office or in another service of the same person administrative branch can be kept on the same site, including its catchment area,
4.
the worker's continued employment, according to reasonable Retraining or further training is possible or
5.
the employment of the employee under amended contractual conditions is possible and the employee is The employee is hereby terminated.
If the employee is terminated, even though the staff council has filed an objection to the dismissal in accordance with the third sentence, the employee shall be terminated with a copy of the opinion of the Staff Council , unless the level representation in the proceedings in accordance with Section 72 (4) sentence 2 has not maintained the objections.(2) Where, in the case referred to in the fourth sentence of paragraph 1, the worker has, in accordance with the law on protection of dismissal, brought an action for a determination that the employment relationship is not dissolved by the termination of the contract, the employer shall, at the worker ' s request, after: Continue the expiry of the period of notice until the final conclusion of the legal dispute has been concluded with unchanged working conditions. At the request of the employer, the Labour Court may, by means of an inoperative disposition, release it from the obligation to continue employment in accordance with sentence 1, if
1.
the employee's lawsuit does not offer sufficient prospect of success or seems willingly, or
2.
the worker's continued employment would lead to an unreasonable economic burden on the employer, or
3.
the appeal of the staff council was evidently unfounded.
(3) The Human Resources Board is to be consulted before the deadline for redundancies and extraordinary dismissals. The Head of Service shall give reasons for the proposed action. If the Staff Committee has concerns, he shall immediately inform them in writing, stating the reasons for the reasons, to the Head of Service immediately, within three working days at the latest.(4) A notice of termination shall be ineffective if the Staff Council has not been involved. Non-official table of contents

§ 80

An audit that decreases a service from the employees in its place can be a member of the for this The competent staff council, appointed by the competent staff council, will be involved in an advisory role. Non-official table of contents

§ 81

(1) The Human Resources Council has the responsibility for occupational safety and health in the fight against accident and health hazards. The authorities, the institutions of the statutory accident insurance and the other bodies concerned by means of stimulation, advice and information to assist and support the implementation of the rules on occupational safety and health and accident prevention in to use the service.(2) The Head of Service and the bodies referred to in paragraph 1 shall be obliged to the Staff Council or the staff of all the surveys and questions relating to occupational safety or accident prevention and accident investigations. to the members of the staff of the department where the survey or investigation is carried out. The Head of Service shall immediately inform the Staff Committee of the conditions and arrangements of the bodies referred to in paragraph 1 relating to the protection of occupational health and safety and the prevention of accidents.(3) In the meetings of the Head of Service with the security officers within the scope of Section 22 (2) of the Seventh Book of the Social Code, members of the Staff Council shall participate.(4) The Staff Council shall receive the minutes of investigations, visits and meetings to which it shall be added in accordance with paragraphs 2 and 3.(5) The Head of Service shall have a copy of the Accident Notification to be signed by the Staff Council pursuant to Section 193 (5) of the Seventh Book of the Social Code or the report to be reimbursed according to the provisions of the Staff Regulations.

Fourth Section
Participation of Stepped Representations and the General Personality Council

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§ 82

(1) In matters where the office is not authorized to make a decision, it is in place of the Staff Council that is the responsibility of the competent service shall be involved in the representation of the level.(2) Before a decision on matters relating to individual employees or departments, the Staff Committee shall give the Staff Council an opportunity to submit its observations. In this case, the time limits of § § 69 and 72 are doubled.(3) The provisions of paragraphs 1 and 2 shall apply in accordance with the distribution of competence between the Staff Committee and the General Staff Council.(4) § § 69 to 81 shall apply in respect of the powers and duties of the progressive representatives and the overall staff council.(5) In the case of multi-level administrations, staff or social measures shall be taken by a department where there is no staff representative responsible for taking part in these measures, and the step-by-step representation shall be:

Sixth Chapter
Judicial Decisions

, the next higher office, the division of which is the key service and the party affected by the decision. href= " ">
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§ 83

(1) The administrative courts, the federal administrative court in the third legal suit, decide except in the cases of § § 9, 25, 28 and 47 (1) on
1.
Eligibility Eligibility and eligibility,
2.
Election and term of office of the staff representatives and the representatives mentioned in § § 57, 65 as well as the composition of the staff representatives and the youth-and Representative offices,
3.
Responsibility, management and legal status of the personnel representatives and the representatives referred to in § § 57, 65,
4.
Existence or non-existence of service agreements.
(2) The provisions of the Labour Court Act on the decision-making procedure apply accordingly. Non-official table of contents

§ 84

(1) The decisions to be taken under this Act shall be the administrative courts of the first and second Legal train to form specialized chambers (Fachsenate). The jurisdiction of a technical chamber may be extended to the districts of other courts or parts thereof.(2) The Chamber consists of a chairperson and honorary judges. The honorary judges must be employees in the public service of the federal government. They are each halved by the state government or by the body designated by it on a proposal
1.
trade unions represented by employees,
2.
administrations and courts referred to in § 1.
For the appointment and position of the honorary judges and their use to the meetings, the provisions of the Labour Court Act on honorary judges apply accordingly.(3) The Chamber shall be active in the occupation with a Chairperson and two persons appointed pursuant to the third sentence of the second sentence of paragraph 2 and 2 respectively. An official and a worker must each be located in each of the advisers referred to in the third sentence of the third sentence of paragraph 2.

Seventh Chapter
Rules relating to special management branches and the treatment of Cases

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§ 85

(1) This law shall apply to the Federal Police with the following exceptions:
1.
The employees of the federal police authorities and the departments that follow them choose Federal Police Personnel Representatives (Bundespolice Personalrat, Federal Police District Council, Federal Police Chief Personality Council).
2.
Police enforcement officers are only (§ 13 para. 1), if they have already completed the basic training on the election day and have not declared in writing on the appointment to the civil service relationship, only one service period of two years to be completed.
3.
In matters relating only to law enforcement officers who are not entitled to vote in accordance with point 2, the Federal Police Office shall act with, if a person of confidence (paragraph 2) in individual cases.
4.
The police officers referred to in paragraph 3 shall be responsible for the identification of the number of the police officers who are to be released by the service. Members of the Personnel Council are not taken into account in accordance with § 46 (4).
5.
The regulations on youth and trainee representation do not apply to the Police law enforcement officers.
6.
A participation of the federal police personnel representation does not take place at
a)
Orders for law enforcement officers, through the use of or the application of a single set of devices
b)
the setting of police enforcement officers for basic education.
7.
The Federal Police Office determines the professional promotion of law enforcement officers, as far as the officer so requests.
(2) The police officers who are after the police officers who are 1. No 2 shall not have the right to vote for the federal police personnel, shall elect a man of confidence and two deputists in each unit. Units within the meaning of the first sentence are the hundredths or comparable units and services according to the approximate determination of the Federal Minister of the Interior. The following shall apply to the election, the term of office and the duties of the confidence man:
1.
entitled and Without regard to their age, the police officers referred to in sentence 1 shall be eligible; otherwise § 13 para. 1, § 14 para. 1 sentence 2 shall apply.
2.
The At the latest three weeks before the date referred to in point 4 sentence 2, the Federal Police Personality Council shall designate three persons entitled to vote as the electoral board and one of them as chairperson. If the Federal Police Personality Council has not determined the electoral board within the deadline or if there is no federal police personnel council in the office, the head of the department shall appoint the electoral board.
3.
The Electoral Council has immediately convened an assembly of eligible voters. The election of the man of trust and his deputy shall be carried out in this Assembly. Selected by hand-lifting. If an electoral vote is in contradicts, a secret ballot shall be made with ballot papers. § 24 applies accordingly.
4.
For the term of office of the trust and his deputits, § 29 para. 1 no. 2, 4, 5 and § 30 shall apply accordingly. Section 31 (1), (2) shall apply with the proviso that a re-election shall take place if there is no longer a confidence person after the two alternates have entered.
5.
For the The management and legal status of the confidence-man shall be governed by the provisions of Sections 43 to 45, 46 (1), 2, 3, sentences 1 and 6. § 2, § 47 (2), § § 66 to 68 shall apply mutadenly to the tasks and powers of the confidence man. In the cases of § 75 (2) sentence 1 no. 1, para. 3 no. 3, 14, 15, § 76 (1) no. 2, 4, 5, para. 2 no. 1, 5, 6, 9, § 78 (1) no. 4, as far as law enforcement officers who do not have the right to vote in accordance with the provisions of paragraph 1, no. 2, the federal police personnel representatives , in the cases of § 76 (2) (9), § 78 (1) (4), but only at the request of the person concerned, the person concerned must be heard in good time by the Head of Service. The liaison officer may take part in the meetings of the Federal Police Personality Council; in the cases referred to in paragraph 1, point 3, he shall have the right to vote in the Federal Border Protection Personality Council.
(3) The service ends (Section 49 (1) of the German Federal Border Protection Act) of the 18. August 1972 (BGBl. I p. 1834), most recently by Article 3 of the Law of 19. October 1994 (BGBl. 2978), in the application of this Act, the law enforcement officers who do not have the right to vote in accordance with the provisions of paragraph 1 (2) of the Code shall be entitled to vote in favour of the Bundesgrenzschutzpersonnel (Bundesgrenzschutzpersonalrepresentations) together with the said officers. Trustman and his deputy (paragraph 2). If a service provider suffers from a health injury which would be a damage to the border guards when exercising rights or fulfilling obligations under this law by accident, the provisions in force for this purpose shall be: shall apply accordingly. Non-official table of contents

§ 86

This law applies to the Federal Intelligence Service with the following exceptions:
1.
The Federal Intelligence Service, which is not the headquarters of the Federal Intelligence Service. , are considered to be services within the meaning of Section 6 (1). In case of doubt, the head of the Federal Intelligence Service decides on the duty of service.
2.
The membership of the Staff Council rests with persons who are responsible for the of a security-sensitive activity are not permitted.
3.
In cases of § 28 para. 2, the head of the Federal Intelligence Service sets an electoral executive order A.
4.
The personnel meetings take place only in the offices of the office, they are only carried out at the headquarters as partial meetings. The head of the Federal Intelligence Service decides on the demarcation.
5.
The head of the office can determine, after hearing the Staff Council, the employee, where this is imperative on account of their duties, do not participate in staff meetings.
6.
The agenda of the Staff Assembly and the The Staff Committee shall, in agreement with the Head of the Office, determine the points to be dealt with in the activity report. Other points must not be dealt with. The head of the department shall take part in the staff meetings.
7.
In the cases of § 20 (2), § 21 and 23, the head of the service shall appoint the Electoral board.
8.
The employees of the Federal Intelligence Service do not elect a phased representation. As far as a phased representation is responsible, the staff council of the head office shall be involved in their place. If the Staff Council collects objections against a measure intended by the Head of the Federal Intelligence Service, the head of the Federal Chancellery shall be appointed by the head office of the head office in the case of Section 72 (4) after hearing with the Staff Council. finally.
9.
The participation of the Human Resources Council shall be replaced by the participation and consent.
10.
§ 93 is to be applied with the following conditions:
a)
Staff representative offices within the meaning of number 1 do not form committees, the Committee of the Staff Committee of the Central Office shall replace them.
b)
The Head of the Federal Intelligence Service may, except in the cases of Section 93 (5), also take orders within the meaning of Section 93 (5) even in the event of special intelligence reasons. or from participation.
11.
In case of special security incidents or a special deployment situation from which the Federal Intelligence Service The rights and duties of the competent staff representatives shall be laid down in whole or in part. The beginning and end of the duties of the Staff Committee shall be determined by the head of the Federal Intelligence Service in agreement with the head of the Federal Chancellery.
12.
The regulations on the tasks and powers of the trade unions and employers ' associations, their agents and representatives as well as § 12 para. 2, § 44 para. 3, § § 55, 64 para. 2, § § 70, 79 Article 81 (2), § 81 (1), (5) shall not apply.
13.
Unless otherwise indicated in points 1 to 12, § § 48 to 52 of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) accordingly.
14.
In the first and last legal proceedings, the Federal Administrative Court shall be responsible for judicial decisions pursuant to Section 83 (1). In court proceedings § 99 of the Administrative Court Rules shall apply accordingly.
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§ 87

For the The Federal Office for the Protection of the Constitution shall apply this law with the following exceptions:
1.
The Head of the The Federal Office for the Protection of the Constitution, after hearing the Staff Council, can determine that employees who are urgently required to do so are not participating in staff meetings.
2.
The regulations on the participation of representatives or representatives of the trade unions and employers ' associations (§ 20 para. 1, § § 36, 39 para. 1, § 52) are not
3.
In the case of the participation of the stepped representation and the installation site, matters that only employees of the Federal Office for the Protection of the Constitution , such as closing matters of classification "VS-CONFIDENTIAL" (§ 93), unless the competent authority decides otherwise.
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§ 88

For federal corporations and institutions of public law in the field of social security and for the Federal Employment Agency, the following applies: this law with the following deviations:
1.
Mittelstufe authorities within the meaning of § 6 para. 2 sentence 2 are the departments directly subordinate to the head office, to which other services are subordinate.
2.
By way of derogation from § 7, sentence 1, the Body or institution of the Management Board, insofar as it is reserved for decision-making power; for the agencies for work and the regional directorates of the Federal Employment Agency, the management is acting. The Management Board or the Management Board may be represented by one or more of the respective members. § 7 sentence 3 and 4 shall remain unaffected.
3.
As the supreme service authority within the meaning of § 69 (3), (4) and § 71, the Executive Board shall apply. § 69 (3) sentence 2 shall not apply.
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§ 89

This law shall apply to the Deutsche Bundesbank with the following Deviations:
1.
As the authorities of the middle level within the meaning of § 6 (2) sentence 2, the National Central Banks, which are subject to two institutions.
2.
The Supreme Service Authority is the President of the Deutsche Bundesbank. The central bankrat shall be deemed to be the supreme service authority in so far as it has the right to decide not to apply Section 69 (3) sentence 2.
3.
The Central Bank Council, the Executive Board and the Management Board of a central bank of the State may be represented by one or more of its members. § 7 sentence 2 remains untouched.
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§ 89a

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§ 90

This law applies to the broadcaster of the federal law "Deutsche Welle" with the following exceptions:
1.
The facilities of Deutsche Welle at Cologne headquarters and Deutsche Welle's facilities at the seat Berlin is a service within the meaning of this law. This division between two departments will remain in the case of the transfer of the seat from Cologne to Bonn. Other Deutsche Welle facilities are allocated by the German Artistic Director of Deutsche Welle to a service department. Section 6 (3) does not apply.
2.
The employees in both departments elect-in addition to the local staff councils-an overall staff council. This shall have an effect on the decision referred to in the third sentence of paragraph 1. He is responsible for the treatment of cross-service matters. The overall personnel council has its seat at the seat of the intendant. The provisions governing the General Staff Council shall be applicable in the rest of the application.
3.
The employees within the meaning of Section 57 shall be elected in both departments. in addition to the local youth and trainee representatives-an overall youth and trainee representation. Point 2, sentence 3 shall apply mutatily. The seat of the overall youth and trainee representation is at the seat of the overall staff council. The relevant provisions governing the representation of the overall youth and trainee are also applicable.
4.
Head of the services is the artistic director. It shall be deemed to be the supreme service authority within the meaning of this Act; § 69 (3) sentence 2 shall not apply. § 7 shall be applied accordingly.
5.
Employees of Deutsche Welle within the meaning of this Act are those who are employed indefinitely or on a temporary basis by the employment contract Employees of Deutsche Welle, including those employed for their vocational training. Employees within the meaning of this law are not:
a)
the Artistic Director, the Directors and the Judicial,
b)
People in a worker-like relationship, other free employees and persons employed on production duration
Employees who are employed in an institution of Deutsche Welle abroad, as well as volunteers, are not eligible.
6.
§ 44 (1) sentence 2 shall apply with: the requirement that the travel expense regulations of Deutsche Welle should be replaced by the Federal Travel Costume Act.
7.
a)
In the case of employees whose remuneration is based on the remuneration group I of the remuneration tariff contract of the In the cases of Section 75 (1) and (3) no. 14, the Staff Council is not involved in the measures or the remuneration of which is above the highest remuneration group.
b)
In the programme area employees of the remuneration group II of Deutsche Welle's remuneration tariff contract, in the cases of § 75 para. 1, the participation of the employee Personnel Council participation.
c)
In the case of employees with predominantly scientific or artistic activity, as well as employees who have a major role to play in the In the cases referred to in section 75 (1), the Staff Council shall only determine if they apply for such a programme. § 69 (4) sentences 3 and 4 shall apply accordingly.
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§ 91

(1) For federal services abroad, the following shall apply: this law with the following deviations:
1.
Local forces are not employees in the sense of § 4.
2.
The employees are not eligible for a level representation or an overall staff council at a service office in Germany.
3.
The employees of the Federal Foreign Office who are entitled to vote in accordance with § 13 of the German Archaeological Institute without the services of the German Archaeological Institute are in addition to the election of the German Archaeological Institute Staff members of their department are also entitled to vote, but not eligible, for election of the staff council of the Federal Foreign Office. They are not entitled to vote for the election of the main staff council of the Federal Foreign Office. In so far as a stepped representation would be responsible, the staff council of the Federal Foreign Office must be involved in its place. Section 47 (2) does not apply to employees entitled to vote in accordance with the first sentence of the Federal Foreign Office's Staff Council.
4.
§ 47 (2) applies to members of the Federal Foreign Office. Staff councils in the division of the Federal Ministry of Defence abroad only for the duration of a regular term of office in the scope defined by § 26.
5.
For court decisions according to § 83, the administrative court is responsible for the administrative court in whose district the top service authority is based.
(2) In federal services in the Abroad, in which, as a rule, at least five local staff (paragraph 1 (1)) are employed, they shall elect a person of confidence and no more than two substitutes. If a person is not entitled to a vote, a secret ballot shall be made with ballot papers. Section 24 (1) sentence 1 and 2, para. 2 shall apply accordingly. The term of office of the confidence man and his/her deputies shall be two years; otherwise, § 29 (1) shall apply mutadenly. § 31 shall apply with the proviso that a re-election shall take place if, after the substitutes have entered, no more confidence is present. The trustman accepts suggestions, requests and complaints from local staff in matters of domestic, social and personal affairs and represents them in relation to the Head of Service and the Personnel Council. Before taking a decision on matters which substantially affect the special interests of the local staff, the Staff Council has the opportunity to give the person of confidence the opportunity to express their views. § § 43 to 45, 46 (1), 2, 3 sentence 1 and § 67 (1) sentence 3 apply mutadenly to the confidence man. Non-official table of contents

§ 92

The division of the Federal Ministry of Defence is subject to section 82 (5) with the following conditions:
1.
Are staffed or social measures taken by a service that does not apply to participate in , the Staff Committee shall be responsible for the involvement of the staff of a non-subordinated service, the staff council of that department shall be involved in the service of the staff of the staff of that office, after a prior notice of the Agreement between the services on the proposed measure has been established.
2.
If there is no provision for a phased representation, a service is not provided for , in order to prepare decisions pursuant to section 75 (2), first sentence, no. 2 and paragraph 3, point 5, with effect for other services committees, the office of service shall have the intended action with a member of the stepped office at the the next higher level of advising to the above-mentioned services. This member shall be designated by the stepped representation. Number 1 is not applicable.
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§ 93

(1) Insofar as a matter at which a staff representation is to be involved "VS-CONFIDENTIAL" is classified as a closure matter of at least the level of classification "VS-CONFIDENTIAL", a committee shall be replaced by the Staff Committee. The Committee shall not, at most, be consulted on the basis of the appropriate application of Section 32 (1) of the groups represented in the Staff Committee. The members of the Committee shall be empowered, in accordance with the provisions in force, to obtain knowledge of the reasons for closure of the degree of secrecy which may be taken. Staff representatives at departments who are subordinate to the authorities of the middle school do not form a committee; they are replaced by the Committee of the District Council of the District.If the competent committee is not formed in good time, the committee shall be the permanent representation of the department or, if it is not formed in a timely manner, the committee shall be the committee of the competent authority of the highest service authority. Step-by-step representation.(3) In the cases referred to in the first sentence of paragraph 1, the unit of integration shall consist of a co-sitter appointed by the supreme service authority and the relevant staff representative, and a non-partisan chairman, which are authorized, in accordance with the provisions in force, to obtain knowledge of the reasons for which the classification is to be considered.(4) § § 40, 82 (2) and the provisions relating to the participation of trade unions and employers ' associations in Sections 36 and 39 (1) shall not apply. Matters which are classified as "VS-CONFIDENTIAL" as a result of at least the classification shall not be dealt with in the Staff Assembly.(5) The supreme service authority may order that, in the cases referred to in the first sentence of paragraph 1, the Committee and the Office of the Centre shall not be required to submit documents and provide information where this is necessary in order to avoid any disadvantages for the good of the Federal Republic of Germany, or one of its countries, or on the basis of international obligations. In accordance with § 83, the legal requirements for the arrangement are to be made credible.

Second part
Staff representatives in the countries

First Chapter
State Legislation Framework

Non-Official Table of Contents

§ 94

§ § § 95 to 106 framework regulations are for the legislation of the Länder. Non-official table of contents

§ 95

(1) In the administrations and businesses of the countries, municipalities, community associations and the rest of the world, Federal agencies, institutions and foundations of public law, as well as in the courts of the Länder, staff representatives are formed; for civil servants in the preparatory service and employees in appropriate vocational training, Prosecutors, police officers and members of radio and television broadcasters, as well as departments serving educational, scientific or artistic purposes, may provide for a special arrangement in accordance with § 104.(2) The training of youth and trainee organisations should be provided for in the various departments. A representative of the youth and trainee representation shall be allowed to participate in all meetings of the Staff Committee with an advisory vote. The countries must regulate the cases in which the entire youth and trainee representation has a right to participate in an advisory vote, and in which cases the right to vote is to be given in the Staff Committee.(3) The representative of the severely disabled person shall be allowed to attend all meetings of the Staff Committee. Non-official table of contents

§ 96

The tasks of the trade unions and the employers ' associations are carried out by the right of personnel representation. shall not be affected. Non-official table of contents

§ 97

By collective agreement or service agreement, a system of the law that deviates from the statutory provisions may be Personnel representation law shall not be allowed. Non-official table of contents

§ 98

(1) The personnel representations will be in secret and direct election and if there are multiple election proposals in accordance with the principles of proportional representation.(2) If members of different groups are entitled to vote in a service, the members of each group shall elect their representatives in separate ballots, unless the majority of the persons entitled to vote in each group are elected separately by secret ballot. decide on the common election.(3) In the case of matters relating only to members of a group, the Staff Committee cannot decide against the will of this group.(4) The sexes should be represented in the staff representatives and the youth and trainee representation in accordance with the numerical ratio. Non-official table of contents

§ 99

(1) Election and activity of staff representatives and youth representatives or youth and youth representatives Representation in the form of representation may not be impeded or influenced in a way that is contrary to the good morals.(2) Members of staff representatives and youth representatives or of youth and trainee representative bodies may not be assigned or seconded against the will if, for important service reasons, this also takes account of the Membership of the Staff Committee or the Youth Representation, as well as the representation of youth and trainees, is unavoidable and the Staff Committee agrees. Non-official table of contents

§ 100

(1) The members of the staff representatives are responsible for their duties as an honorary office free of charge.(2) The election and the activities of staff representatives shall not result in the creation of economic disadvantages for employees.(3) The costs incurred by the election and the activities of the staff representatives shall be borne by the administration. Non-official table of contents

§ 101

(1) Staff representative meetings are not open to the public.(2) Persons who exercise or have exercised duties or powers under the right of personnel representation have to keep silent about the matters and facts that have been disclosed to them.(3) On request, staff representatives shall be provided with the documents necessary for the performance of their duties. Personnel records may only be submitted with the consent of the employee representative. Non-official table of contents

§ 102

(1) Staff representative offices are to be re-elected at appropriate intervals.(2) The staff representatives may be dissolved by court decision due to gross neglect of their legal powers or due to gross violation of their legal duties. The same applies to the exclusion of individual members. Non-official table of contents

§ 103

Staff representative bodies must work to ensure that the rules and regulations in force in favour of employees are Provisions are to be implemented. Non-official table of contents

§ 104

The personnel representations are related to the internal, social and personnel matters of employees. , the aim is to achieve a regulation as laid down in this law for human resource representatives in federal authorities. In the event of non-agreement between the supreme service authority and the competent staff representation in matters subject to co-determination, provision should be made for the decision of an independent body whose members shall be replaced by the Participants will be appointed. Decisions which, because of their impact on the community, are an integral part of the government's power, in particular decisions
in officials ' personal affairs, on the organization of courses in the preparatory service, including the selection of teaching personnel and in organizational matters,
must not, however, be withdrawn from the bodies responsible for the people's representation. Non-official table of contents

§ 105

The HR representatives, together with the Head of the Service, have appropriate and fair treatment of the affairs of employees. In particular, no employee may, on account of his or her descent, religion, nationality, origin, political or trade union activity or recruitment, be favoured or disadvantaged on account of his or her gender or personal relations . The Head of the Service and the Staff Committee shall refrain from any party-political activity in the Service; this shall not affect the treatment of tariff, pay and social affairs. Non-official table of contents

§ 106

The administrative courts are appointed to court decisions. name="BJNR006930974BJNG002100314 " />

Second Chapter
Immediately applicable to countries

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§ 107

Persons performing tasks or powers under the right of personnel representation may not be disabled and not disadvantaged or favoured because of their activities; this shall also apply to their activities. professional development. § 9 shall apply accordingly. Non-official table of contents

§ 108

(1) The extraordinary cancellation of members of the staff representatives, the youth representatives or the members of the staff representative Youth and trainees ' representatives, electoral board members and election candidates who are in a working relationship shall require the approval of the responsible staff representatives. If the competent staff representative refuses to give its consent or does not express its opinion within three working days of receipt of the application, the Administrative Court may, at the request of the Head of Service, replace it if the extraordinary Termination is justified in the light of all circumstances. In the proceedings before the Administrative Court, the worker concerned shall be involved.(2) A dismissal of the employment relationship of a person employed by the employer shall be ineffective if the Staff Committee has not been involved. Non-official table of contents

§ 109

An official suffers from the exercise of rights or performance of duties in accordance with the Personnel representation law an accident which would be a service accident in the sense of the Accident Insurance for Civil Service Accident insurance legislation, these provisions shall apply.

Third part
Criminal Rules

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§ § 110 and 111 (omitted)

-

Fourth Part
Final Provisions

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§ 112

This law does not apply to religious communities and their charitable and educational institutions, regardless of their legal form; they shall be left to the self-order of a right of representation of the staff. unofficial table of contents

§ § 113 and 114 (omitted)

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§ 115

The federal government is authorized to conduct the elections referred to in § § 12 to 25, 55 to 57, 64, 65, 85 (2) and § § 86, 89a and 91 by means of a regulation which does not require the consent of the Federal Council to adopt rules on
1.
the preparation of the election, in particular the list of voter lists and the replacement of the substitute number,
2.
the deadline for inclusion in the voter lists and the collection of objections,
3.
the List of proposals and the deadline for submitting them,
4.
The term of the election and the time limits for its notice,
5.
the vote,
6.
the determination of the result of the vote and the deadlines for its Notice,
7.
the storage of the Wahlacts.
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§ 116

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§ 116a

(1) The first-time elections to the youth and Representation of the image, which is replaced by the provisions of § 57 in the version of the Law of 15. March 1974 (BGBl. 693), in derogation from § 60 (2) sentence 3, shall be found in the period of 1 January 2008. October to 30. November 1988. They shall take place regardless of when, at the time of these elections, the existing youth representatives referred to in sentence 1 are in office; Article 27 (5) does not apply mutagentily. The term of office of the youth and trainee representations elected for the first time in accordance with the first sentence shall end at the latest on 31 December 2002. May 1991; the next regular elections will therefore be held in the period from 1 January to 1 May 1991. March to 31. May 1991.(2) The rights and obligations of the youth representatives referred to in paragraph 1 of this Act, as referred to in paragraph 1, pending the beginning of the term of office of the youth and trainee representations for the first time elected for the first time shall be governed by the law of the 15. March 1974 (BGBl. 693), as last amended by Article 4 of the Law of 24. July 1986 (BGBl. 1110). (3) Elections on the youth representatives referred to in paragraph 1 shall not take place if one of the conditions for such a choice arises in the appropriate application of Article 27 (2) (2) to (5) after the date on which this law applies: Education of youth and trainee organisations. In addition, elections to the youth representatives referred to in paragraph 1 shall be held in accordance with the provisions of the 31. It was not held in July 1988.(4) Article 1, second sentence, of the Act of 18. December 1987 (BGBl. 2746) shall not apply in the cases referred to in paragraph 3.(5) Where a youth representation referred to in paragraph 1 is dissolved by a court decision, Article 28 (2) sentence 2 shall apply only if an obligation of the electoral board to initiate new elections by youth representatives is taken into account of the scheme referred to in paragraph 3. The exercise of the powers and duties of the youth representation by the electoral board in the appropriate application of Section 28 (2) sentence 3 ends with the beginning of the term of office of the first elected youth and trainee representation. Non-official table of contents

§ 116b

§ 26 and § 27 (1) are to be found in the version to be submitted for a term of office of four years for the first time applying to staff councils, after the 28. The Commission shall be elected in February 1991. The same applies to the provision of section 27 (2) no. 1, which is to be set up for twenty-four months. In front of the 1. The provisions of § 26, § 27 (1) and (2) No. 1 in the version of the law of 15 March 1991 are to be found, without prejudice to § 27 (5). March 1974 (BGBl I p. 693). Non-official table of contents

§ 117

Where reference is made in other regulations to regulations or names that are used by This law shall be repealed or amended, shall replace the relevant provisions of this Law Non-Official Table of Contents

§ 118 

This Act applies in accordance with Section 13 (1) of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Non-official table of contents

§ 119

This law occurs on the 1. April 1974, in force. Non-official table of contents

Final formula

The federal government has the law required under Article 113 of the Basic Law to the above law. Consent granted.