Federal Personalization Act (BPersVG)

Unofficial table of contents

BPersVG

Date of completion: 15.03.1974

Full quote:

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

Status:

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 15.6.1980 + + +) 
(+ + + measures due to EinigVtr cf.  BPersVG Appendix EV + + +)   

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Content Summary

PART ONE
Personnel representations in the Federal Service
	First chapter	General provisions	§ § 1 to 11
	Second chapter	Staff council, level representation, overall staff council, staff meeting	§ § 12 to 56
	First section	Election and composition of the Staff Council	§ § 12 to 25
	Second section	Appointment of the Staff Council	§ § 26 to 31
	Third Section	Management of the Staff Council	§ § 32 to 45
	Fourth Section	Legal status of the members of the Staff Council	§ § 46, 47
	Fifth Section	Personnel Assembly	§ § 48 to 52
	Sixth Section	Stage representation and overall staff council	§ § 53 to 56
	Third chapter	Youth representation and youth assembly	§ § 57 to 64
	Fourth chapter	Representation of non-permanent employees	Section 65
	Fifth chapter	Participation of the Staff Committee	§ § 66 to 82
	First section	General	§ § 66 to 68
	Second section	Forms and procedures for co-determination and participation	§ § 69 to 74
	Third Section	Matters in which the Staff Council is to be involved	§ § 75 to 81
	Fourth Section	Participation of the graduated representatives and of the overall staff council	Section 82
	Sixth chapter	Court decisions	§ § 83, 84
	Seventh chapter	Rules relating to special administrative branches and the handling of cases of closure	§ § 85 to 93
PART TWO
Personnel representation in the countries
	First chapter	Framework legislation for national legislation	§ § 94 to 106
	Second chapter	Provisions directly applicable to countries	§ § 107 to 109
PART THREE
Criminal provisions			(dropped)
FOURTH PART
Final provisions			§ § 112 to 119

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

Part one
Personnel representations in the Federal Service

First chapter
General provisions

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§ 1

In the administrations of the federal government and of the federal bodies, institutions and foundations of public law as well as in the courts of the federal government, staff representatives are formed. The administrations in the sense of this law are also the operational administrations. Unofficial table of contents

§ 2

(1) In accordance with the laws and collective agreements, the Office and the Staff Committee shall cooperate in a spirit of trust and in cooperation with the trade unions and employers 'associations represented in the department for the benefit of the employees and the employers' associations. (2) In order to carry out the duties and powers of the trade unions represented in the office, the representatives of the offices represented in this Act shall be appointed after informing the Head of the Service. or of its representative, access to the office, to the extent that: (3) The tasks of the trade unions and of the employers ' associations, and in particular the performance of the The interests of its members shall not be affected by this law. Unofficial table of contents

§ 3

By means of collective agreements, the right of human resources representation cannot be regulated by way of derogation from this law. Unofficial table of contents

§ 4

(1) Public service employees within the meaning of this Act are the officials and employees, including those employed for their vocational training, and judges who are employed in one of the administrations referred to in § 1 or for the purpose of carrying out a training programme. (3) Employees within the meaning of this Act are employees who are employed in accordance with the collective agreement applicable to the office of employment, or in accordance with the provisions of the law of the Federal Republic of Germany. Employees are employed or are employed as non-wage workers . Employees who are in vocational training are also considered to be employees. (4) (omitted) (5) Employees within the meaning of this law do not apply.

1.

persons whose employment is primarily determined by reasons of a charitable or religious nature,

2.

Persons who are mainly employed for healing, re-accutation, moral improvement or education.

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§ 5

The officials and employees shall each form a group. The judges referred to in § 4 (1) shall join the group of officials. Unofficial table of contents

§ 6

(1) Services within the meaning of this Act are the individual authorities, administrative bodies and establishments of the administrations referred to in § 1 and the courts. (2) The authority directly subordinate to an authority of the middle level shall form with the authority of the authorities of the central stage. subordinated posts; this does not apply to the extent to which the further subordinated posts in the administrative structure are self-employed by function and organisation. 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 located far away from the office. , if the majority of their eligible employees decide to do so by secret ballot, they shall be considered as independent services. The decision shall be effective for the following election and the term of office of the staff representative of the Federal Republic of Germany. (4) In the case of joint services of the Federal Government and other bodies, only those employed in the Federal Service shall be deemed to be the service provider. shall be heard. Unofficial table of contents

§ 7

The office shall be the head of the service. 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, with federal authorities without subordinate services, and in the case of middle-level authorities, as well as the respective head of department. appoint his representative. The same shall apply to other agents, provided that the Staff Committee agrees to this appointment. Unofficial table of contents

§ 8

Persons exercising duties or powers under this Act shall not be prevented from doing so and shall not be disadvantaged or favoured because of their activities, including for their professional development. Unofficial table of contents

§ 9

(1) If the employer intends to take a job in a vocational training relationship in accordance with the Vocational Training Act, the Nursing Act or the Hebammen Act (trainee), the member of a staff representative or a youth worker, and trainee representation, after a successful completion of the vocational training relationship, is not to assume an employment relationship for an indefinite period of time, he has to do so three months before the end of the vocational training relationship To be notified in writing. (2) requires one in paragraph 1 , in writing by the employer within the last three months before the end of the vocational training relationship, in writing by the employer, this applies between the trainee and the employer after the successful completion of the successful completion of the vocational training. (3) paragraphs 1 and 2 shall also apply where the vocational training relationship is established before the end of a year after the end of the term of office of the Staff Committee or of the Youth and (4) The employer can: apply to the Administrative Court at the latest by the end of two weeks after the end of the vocational training relationship,

1.

to establish that an employment relationship referred to in paragraphs 2 or 3 is not justified, or

2.

to dissolve the employment relationship already established in accordance with paragraphs 2 or 3,

where facts exist, on the basis of which the employer cannot be expected to continue to be employed in the light of all the circumstances. In the proceedings before the Administrative Court, the Staff Committee, in the case of a member of the youth and trainee representation, is also involved. (5) The provisions of paragraphs 2 to 4 shall apply irrespective of whether the employer of his or her employer is responsible for the The obligation to provide notification has been complied with in accordance with paragraph 1. Unofficial table of contents

§ 10

(1) Persons who exercise or have exercised the duties or powers under this Act shall remain silent on the matters and facts that have been disclosed 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 also be dispensed with to the competent staff representative; they shall also be waivingfrom the service provided, the representation of the staff of the staff concerned and the staff of the staff. Sentence 2 shall also apply to the calling of the installation site. (2) The obligation of confidentiality shall not apply to matters or facts which are obvious or which do not require secrecy in their meaning. Unofficial table of contents

§ 11

If a civil servant suffers from an accident which would be a service accident in the sense of the civil accident insurance legislation in the light of the exercise of rights or performance of obligations under this law, those provisions shall apply accordingly: ,

Second chapter
Staff council, level representation, overall staff council, staff meeting

First section
Election and composition of the Staff Council

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§ 12

(1) Staff councils shall be formed in all departments, which generally employ at least five persons entitled to vote, three of whom are eligible to vote. (2) Services in respect of which the conditions set out in paragraph 1 are not met shall be provided by the is allocated in agreement with the level representation of an adjacent service. Unofficial table of contents

§ 13

(1) All employees who are entitled to vote on election days shall be entitled to vote 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 the election day have not been entitled to vote. (2) Those who have been seconded to a service office will be entitled to vote in them as soon as the secondhand takes longer than three months. ; at the same time, he shall lose the right to vote at the old service. 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 Section 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 corresponding vocational training are only entitled to vote at their parent authority. Unofficial table of contents

§ 14

(1) All persons entitled to vote who are eligible to vote on the election day shall be eligible

1.

have been part of the business unit of its top service for six months, and

2.

have been employed in public administrations or by these companies for one year.

It is not possible to choose who, as a result of the right to judge, does not possess the ability to obtain rights from public elections. (2) The persons mentioned in § 13 para. 3 are not eligible for a phased representation. (3) Non-elective persons are not eligible for the Staff Committee the persons referred to in § 7 as well as employees who are authorised to take independent decisions in personnel matters of the office. Unofficial table of contents

§ 15

(1) If the highest service authority or the service office is less than one year, it is not necessary for the eligibility of the eligibility of § 14 para. 1 no. 1. (2) The condition of § 14 para. 1 no. 2 shall not apply if not at least five times as much electable employees of each group would be available as per § § 16 and 17. Unofficial table of contents

§ 16

(1) The Staff Committee shall consist of departments with in general

5 to 20 persons entitled to vote
	from a person,
21 persons entitled to vote up to 50 employees
	of three members,
51 to 150 employees
	of five members,
151 to 300 employees
	of seven members,
301 to 600 employees
	of nine members,
601 to 1,000 employees
	of eleven members.

The number of members is increased in services with 1,001 to 5,000 employees by two for each further collected 1,000, with 5,001 and more employees by two for each more captured 2,000. (2) The maximum number of members is Thirty-one. Unofficial table of contents

§ 17

(1) Where members of different groups are employed in the service, each group shall be represented in the Staff Committee in accordance with its strength, if it is composed 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 loses its right to representation. (2) The electoral board calculates the distribution of the seats among the groups according to the principles of proportional representation. (3) One Group receives at least

in less than 51 group members
	a representative,
in the case of 51 to 200 group members
	two representatives,
from 201 to 600 group members
	three representatives,
at 601 to 1,000 group members
	four representatives,
from 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 for in Article 16 (1), consists of four members, if one 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, only receives a representation if it comprises at least one twentieth of the employees of the service. If there is no representation or group election, each member of that group may join the electoral board of another group by means of an explanation. (6) The Staff Council shall be made up of representatives of the different groups. (7) The sexes should be represented in the Staff Council in accordance with the number ratio. Unofficial table of contents

§ 18

(1) By way of derogation from § 17, the distribution of the members of the Staff Council to the groups may be ordered if each group decides to do so before the re-election in separate secret ballot. (2) For each group, members of other groups may also be assigned. 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. Unofficial table of contents

§ 19

(1) The Staff Council shall be elected by secret ballot and by 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 persons are entitled to vote. Members of each group shall decide on a common election before re-election in separate secret ballots. The decision shall require a majority of the votes of all persons entitled to vote in 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 is true for 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 office can 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. Employees who are not eligible pursuant to Article 14 (3) shall not make or sign any nominations for election. (5) If a joint election has been adopted, any nomination of the employees of at least one twentieth of the eligible persons shall be entitled to vote. (6) If, in the event of a joint election, candidates are nominated for a group of non-group candidates, the nomination of at least one-tenth of the members of the group entitled to vote must be submitted to the group. , for which they are proposed. (7) Each employee can only be named on an election proposal. (8) If there is no staff council in a department, the trade unions represented in the office can elect the staff council. Make choices. Paragraphs 4 to 6 shall not apply to these nominations. (9) Any nomination of a trade union must be signed by two representatives; the agents must be employees of the department and one in the office of employment. trade union represented. In case of doubt on the assignment, the electoral board may require the union to confirm the assignment. Unofficial 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 the electoral board and one of them as chairperson. 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 is entitled to participate in the meetings of the electoral board with a consultative vote. (2) If no electoral board exists six weeks before the end of the term of office of the staff council, it shall be convened the head of the department, at the request of at least three persons entitled to vote or a trade union represented in the department, shall have a staff meeting for the election of the electoral board. Paragraph 1 shall apply accordingly. The staff meeting elects a meeting manager. Unofficial table of contents

Section 21

If there is no staff council in a service which meets the requirements of § 12, the head of the department shall convene a staff meeting for the election of the electoral board. Section 20 (2) sentence 3 shall apply accordingly. Unofficial table of contents

Section 22

If a staff meeting (§ 20 para. 2, § 21) does not take place or if the staff meeting does not elect an electoral board, the head of the office shall appoint him at the request of at least three persons entitled to vote or one represented in the office of office. Union. Unofficial table of contents

Section 23

(1) The electoral council shall immediately initiate the election; 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. Article 20 (2), third sentence, and § 22 shall apply. (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 give it to the members of the service Negotiation known. A copy of the minutes shall be sent to the Head of Service and to the trade unions represented at the Service Centre. Unofficial table of contents

§ 24

(1) No one shall hamper the election of the Staff Council or influence it in a manner contrary to the good morals. 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 the election candidates accordingly. (2) The cost of the election shall be borne by the office. 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 activity in the electoral executive has no reduction in the remuneration of the remuneration or the remuneration of the work Sequence. § 44 (1) sentence 2 and § 46 (2) sentence 2 shall apply accordingly to the members of the electoral board. Unofficial table of contents

Section 25

At least three persons entitled to vote, any trade union represented in the office or the head of the office may, within a period of twelve working days, be counted from the date of the announcement of the result of the vote, the election of the administrative court if there has been a breach of essential provisions relating to the right to vote, the eligibility or the electoral procedure and if a correction has not been made, unless the result of the infringement does not alter the outcome of the election or could be influenced.

Second section
Appointment of the Staff Council

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Section 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 on 31 May of the year in which the regular personnel council elections take place in accordance with Section 27 (1).

Footnote

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

§ 27

(1) The regular Human Resources Council elections take place every four years from the 1st of March to the 31st of May. (2) Outside this time, the Personnel Council shall be elected if:

1.

at the end of twenty-four months from the date of the election, the number of regular employees has increased or decreased by half, but at least by 50, 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 a majority of its members, has decided to resign, or

4.

the Staff Council has been dissolved by a court decision, or

5.

there is no staff council in the service.

(3) In the cases referred to in paragraph 2 (1) to (3), the Staff Committee shall continue to conduct the business until the new Staff Council is elected. (4) If a group present in the department, which has so far been represented in the Staff Committee, is not a member of the Staff Committee, the Staff Committee shall continue to do so. In the case of a number of new members, this group elects new members. (5) If a selection of the staff council has taken place outside the period stipulated for the regular election of the personnel council, the staff council shall be elected in the next following election: To re-select the period of the periodic election of the personnel council. 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 shall be re-elected during the next period of the regular Personnel Council elections.

Footnote

(+ + + § 27 (1) and (2) (1)): For the purposes of application, see § 116b F. from 10.7.1989 + + +) Unofficial table of contents

§ 28

(1) At the request of one quarter of the persons entitled to vote or of a union represented in the office, the Administrative Court may decide to exclude a member from the Staff Council or the dissolution of the Staff Council for gross neglect of its legal powers 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 office 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, 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. Unofficial table of contents

§ 29

(1) Membership in the Staff Committee shall be replaced by

1.

expiry of the term of office;

2.

Establishment of the Office,

3.

Termination of service;

4.

departure from the service;

5.

Loss of eligibility, with the exception of the cases of § 14 (2) sentence 1,

6.

Court decision in accordance with § 28,

7.

Determination after the expiry of the period referred to in § 25 that the elected person was not eligible.

(2) Membership in the Staff Committee shall not be affected by a change in the group membership of a member, which shall remain the representative of the group which elected it. Unofficial table of contents

§ 30

The membership of an official in the Staff Council shall be suspended as long as he is prohibited from conducting business operations or he is provisionally removed from the service on account of a disciplinary procedure suspended against him. Unofficial table of contents

Section 31

(1) If a member is a member of the Staff Committee, a substitute member shall enter. The same applies if a member of the staff council is temporarily prevented. (2) The replacement members are taken from the non-elected employees of the list of nominees to which the members to be replaced belong. If the retired or prevented member is elected with a simple majority of votes, the unelected employee shall enter as a substitute member with the next higher number of votes. (3) Section 29 (2) shall apply mutagenically to a change of the number of votes. Group membership prior to the entry of the substitute member to the staff council. (4) In the case of § 27 para. 2 no. 4, substitute members do not enter.

Third Section
Management of the Staff Council

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Section 32

(1) The Human Resources Council shall form the Executive Board from its centre. 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 are responsible for them. The Board of Management conducts the current business. (2) The Personnel Council determines with a simple majority, which Board member assumes the chairmanship. He shall at the same time determine the chairman's representation by his deputies. In doing so, account should be taken of the groups to which the chairman does not belong, unless the representatives of these groups refrain from doing so. (3) The Chairman shall represent the Staff Committee within the framework of the decisions taken by the Chairman. In matters relating to only one group, the Chairman shall, if he/she does not belong to this group, shall represent the Staff Committee together with a member of the Executive Board who is a member of the Group. Unofficial table of contents

§ 33

If the Staff Council has eleven or more members, it shall elect two additional members from its centre with a simple majority of votes to the Board of Management. 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 department have received votes cast, then one of the other members of the Management Board shall be elected from this list. Unofficial table of contents

Section 34

(1) At the latest six working days after the election day, the electoral board has to convene the members of the staff council for the acceptance of the required elections and to chair the meeting until the staff council appoints an election manager from its centre. (2) The chairperson of the Staff Council shall be responsible for the further meetings. It sets the agenda and runs 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) Fourths of the members of the Staff Council, of the majority of the representatives of a group, of the Head of the Service, in matters concerning particularly severely damaged employees, of the confidence of the severely damaged persons or in Matters relating in particular to the employees referred to in Article 57, the majority of the employees Members of the Committee on Youth and Apprentiate shall hold a meeting and place on the agenda the matter for which advice is requested. (4) The Head of the Service shall attend the meetings which shall be held at the meeting. They shall be invited to attend and attend the meetings to which they are expressly invited. Unofficial table of contents

§ 35

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

§ 36

At the request of one quarter of the members or the majority of a group of the Staff Council, a representative of a trade union represented in the Staff Council may participate in the meetings in an advisory form; in that case, the date of the meeting and the Agenda of the union to be communicated in good time. Unofficial table of contents

Section 37

(1) The decisions of the Staff Council shall be taken with a simple majority of votes of the members present. Abstention is considered a rejection. In the event of a tie, an application is rejected. (2) The Personnel Council is only quorum if at least half of its members are present; substitution by substitute members is admissible. Unofficial table of contents

§ 38

(1) The Staff Council shall jointly advise and decide on the common affairs of officials and employees. (2) In matters relating only to the members of a group, following joint deliberations in the Staff Committee, only the representatives of this group are called upon to take a decision. This does not apply to a group which is not represented in the Staff Council. (3) Paragraph 2 shall apply mutatily to matters relating solely to the members of two groups. Unofficial table of contents

§ 39

(1) if a majority of the representatives of a group or of youth and trainee representatives consider a decision of the Staff Council to be a significant impairment of the important interests of the employees represented, it shall, at their request, be to suspend the decision for a period of six working days from the date on which the decision is taken. 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 time limit. (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 cannot be repeated. (3) Paragraphs 1 and 2 shall apply mutatily if the representatives of the severely disabled persons have a decision of the Staff Council as having significant adverse effects on the situation. The interests of the severely damaged persons. Unofficial table of contents

§ 40

(1) A representative of the youth and trainee representative who shall be appointed by this representative and the representatives of the severely disabled persons may take part in all meetings of the Staff Committee. 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 representatives of young people and trainees have the right to vote. (2) In the treatment of matters concerning especially the non-permanent employees, the representatives referred to in Article 65 (1) may participate in an advisory capacity. Unofficial table of contents

Section 41

(1) A minutes shall be recorded at each negotiation of the Staff Council, which shall contain at least the text of the decisions and the majority of the 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 has to register for their own hands. (2) If the head of the office or representative of the trade unions has participated in the meeting, the relevant part shall be given to them. in writing, in writing. Objections to the minutes shall be made immediately in writing and shall be accompanied by the minutes of the minutes. Unofficial table of contents

§ 42

Other provisions relating to management may be laid down in a rules of procedure which the Staff Committee shall decide by a majority of its members. Unofficial table of contents

Section 43

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

Section 44

(1) The costs incurred by the activities 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 are necessary for the performance of their duties. (2) For the meetings, the office hours and the day-to-day management, the office has in (3) The staff council will be provided with appropriate places for notices and attacks in all departments. Unofficial table of contents

§ 45

The Staff Council shall not collect or accept any contributions for its purposes from the employees.

Fourth Section
Legal status of the members of the Staff Council

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Section 46

(1) The members of the Staff Council shall carry out their duties as an honorary office free of charge. (2) The failure of working time, which is necessary for the proper implementation of the duties of the Staff Council, has no reduction in the remuneration or the remuneration of the staff. The result of work charges. If members of the Staff Council are claimed by the performance of their duties beyond the regular working time, they must be granted duty-free on a corresponding scale. (3) Members of the Staff Council are from their official duties , where and in so far as it is necessary for the proper performance of its tasks in accordance with the scope and nature of the 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 electoral 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 who are exempted in accordance with the second sentence shall be deducted from the exemptions to be paid 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 persons, the groups shall be subject to further exemptions according to the number of their members, according to 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 must not lead to an impairment of professional career. (4) In accordance with the provisions of paragraph 3, the services of which they are employed shall be subject to the condition that they are subject to the rule of law in the case of posts.

300 to 600 employees	a Member,
601 to 1,000 employees	two members,
1,001 to 2,000 employees	three members,
2,001 to 3,000 employees	four members,
3,001 to 4,000 employees	five members,
4,001 to 5,000 employees	six members,
5,001 to 6,000 employees	seven members,
6,001 to 7,000 employees	eight members,
7,001 to 8,000 employees	nine members,
8,001 to 9,000 employees	ten members,
9,001 to 10,000 employees	eleven members.

In services with more than 10,000 employees, a further 2,000 employees are to be exempted from another member. In agreement between the Staff Committee and the Head of Service, sentences 1 and 2 may be dismissed. (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 decree law which does not require the consent of the Bundesrat. (6) The members of the Staff Council shall be subject to the payment of the references for participation in training and education. (7) Without prejudice to paragraph 6, any member of the Staff Council shall be entitled to take part in the course of his/her regular term of office. on the exemption from the service under the payment of the remuneration for a total of three weeks Participation in 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. Unofficial table of contents

§ 47

(1) The extraordinary dismissal of members of the Staff Council, which are in a working relationship, shall be subject to 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 employee concerned shall be the participant. (2) Members of the Staff Council may only be transferred or seconded against their will if this is also done in the light of the membership of the Board of Directors. Staff Council is unavoidable 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 Staff Regulations shall apply to officials in the preparatory service and employees in appropriate vocational training. Dismissal Protection Act not. 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.

Fifth Section
Personnel Assembly

Unofficial table of contents

§ 48

(1) The staff meeting shall consist of the employees of the department. It is led by the Chairman of the Staff Council. It is not public. (2) If, according to the conditions of the service, a common assembly of all employees cannot take place, partial assemblies are to be held. Unofficial table of contents

§ 49

(1) The Staff Council shall report an activity report once every six months in a staff meeting. (2) The Human Resources Council shall be entitled and, at the request of the Head of the Service or a quarter of the eligible voters, to be entitled to (3) At the request of a trade union represented in the office, the Staff Committee must be appointed before the end of twelve months of the work. Working days after receipt of the application, a staff meeting as referred to in paragraph 1 shall be convened in the absence of a staff meeting or a sub-assembly in the preceding calendar half-year. Unofficial table of contents

§ 50

(1) The staff meetings referred to in § 49 (1) and convened at the request of the Head of the Service shall take place during the working time, 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 time for official reasons, the participants must be granted a service exemption on a corresponding scale. Travel expenses incurred by the participation in staff meetings in accordance with the first sentence will be reimbursed in the appropriate application of the Federal Travel Costs Act. (2) Other staff meetings take place outside of the working hours. This may be dismissed in agreement with the head of the service. Unofficial table of contents

Section 51

The Staff Assembly may submit applications to the Staff Committee and give its opinion 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. Unofficial table of contents

Section 52

(1) Representatives of all trade unions represented in the department and a representative of the employers ' association, who is a member of the office, are entitled to participate in the staff meeting with an advisory vote. The Staff Committee 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 staff council, as well as a representative of the office where the staff is represented, may participate in the staff meeting. (2) The head of the office may be appointed to the office of the staff. Staff meeting. He has to participate in meetings which are convened at his request or to which he is expressly invited.

Sixth Section
Stage representation and overall staff council

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Section 53

(1) For the business unit of multi-level administrations, the authorities of the intermediate level are responsible for the formation of county spersons councils, at the top service authorities of the main personnel councils. (2) The members of the district staff council are appointed by the division (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 their 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 § 20 (2), § 21 and 23. (4) In an administration, the staff councils and stage representatives shall be appointed. at the same time, the electoral boards of the departments shall hold the elections of the stage representatives on behalf of the district or main electoral board; otherwise, the staff councils or, if not, the staff councils shall be appointed on his or her request. , the heads of the services shall be responsible for the election of the local electoral officers for the election of Level representation. (5) Each group receives at least one representative in the phased agencies. If the level representation consists of more than nine members, each group shall receive at least two representatives. Section 17 (5) shall apply accordingly. Unofficial table of contents

§ 54

(1) § § 26 to 39, 40 (1), § § 41, 42, 44, 45, 46 (1) to (3) and (5) to (7), § 47 shall apply mutagenly, unless otherwise specified in paragraph 2. (2) § 34 (1) shall apply with the proviso that the members of the Step-by-step representation shall be convened no later than twelve working days after the election day. Unofficial table of contents

§ 55

In the cases of Section 6 (3), an overall staff council is formed in addition to the individual staff councils. Unofficial table of contents

§ 56

§ 53 (2) and (3) and § 54 (1) half-sentence 1 shall apply accordingly to the General Personality Council.

Third chapter
Youth and trainee representation, youth and trainee meeting

Unofficial table of contents

Section 57

In services in which staff representatives are formed and which generally belong to at least five employees, the staff representative of the staff of the staff is 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. Unofficial table of contents

Section 58

(1) All employees referred to in § 57 shall be entitled to vote. Section 13 (1) applies accordingly. (2) Eligible employees are those who do not yet have the 26. Have completed their life year. Section 14 (1) sentence 1, no. 1, sentence 2, para. 2 and 3 shall apply accordingly. Unofficial table of contents

§ 59

(1) The representation of young people and trainees is usually carried out in departments with in general

5 to 20 of the provisions of § 57	,
	from a youth and
	The person to be shown,
21 to 50 of those in § 57	,
	out of three youth and
	Representatives of the training sector,
51 to 200 of those in § 57	,
	out of five youth and
	Representatives of the training sector,
201 to 300 of the provisions of § 57	,
	out of seven youth and
	Representatives of the training sector,
301 to 1,000 of those in § 57	,
	from eleven youth and
	Representatives of the training sector,
more than 1,000 of those in § 57	,
	from fifteen youth and
	The representatives of the image.

(2) The representation of young people and trainees shall be composed of representatives of the different types of employment of the employees referred to in § 57. (3) The sexes are to be employed in the youth and youth field. Represent the representation of the image in accordance with its numerical ratio. Unofficial table of contents

§ 60

(1) The Personnel Council shall determine 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, subsection (2) and (25) 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 representatives take place every two years from 1 March to 31 May. The term of office shall expire at the latest on 31 May of the year in which the periodic elections of the youth and trainee representation shall take place after the third sentence. For 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) The youth and trainee representation consists of three or more members, so shall elect a chairman and his deputy from among its members. (4) § § 28 to 31 shall apply accordingly. Unofficial table of contents

Section 61

(1) The representation of young people and trainees has the following general tasks:

1.

Measures to be taken by the employees referred to in § 57, in particular in matters of vocational training, to be applied for by the Staff Council,

2.

to ensure that the laws, regulations, accident prevention provisions, collective agreements, service agreements and administrative arrangements in force in favour of the employees referred to in Article 57 are carried out,

3.

Receive suggestions and complaints from employees referred to in § 57, in particular in matters of vocational training, and, if they appear to have the right to work with the Staff Council for an execution; the representation of young people and trainees inform the employees referred to in § 57 of the situation and the outcome of the negotiations.

(2) The cooperation between the youth and trainees ' representatives with the Staff Council is determined in accordance with § 34 (3), § 39 and 40 (1). (3) In order to carry out their tasks, the representation of youth and trainees by the Staff Council is timely and to be fully informed. The representation of young people and trainees can require that the staff council make available the necessary documents to carry out their tasks. (4) The Staff Council has the youth and trainee representation for the meetings (5) The representation of young people and trainees can, after agreement of the Staff Council, be treated in accordance with Section 66 (1) of the Staff Council. Hold meetings; Section 34 (1), (2) shall apply mutatily. A member of the staff council appointed by the Staff Council can participate in the meetings of the youth and trainee representation. Unofficial table of contents

Section 62

§ § 43 to 45, § 46 para. 1, 2, 3 sentence 1 and 6, para. 6, 7 and § 67 para. 1 sentence 3 apply mutadenly to the youth and trainee representation. § 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. Unofficial table of contents

§ 63

The youth and trainee representative office must hold a youth and trainee meeting once every calendar year. 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 mutatily. 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. Unofficial table of contents

Section 64

(1) In the case of multi-level administrations, the authorities in the medium-sized enterprises shall be responsible for district youth and trainee representation and for the top service authorities, as far as the levels are represented, and the main youth and youth services. Training to be formed. § 53 (2) and (4) as well as § § 57 to 62 apply mutagentily to the youth and trainees ' representatives. (2) In the cases of § 6 (3), a total youth and trainee youth and trainee representative will be given an overall youth and trainee representation. The representation of the image is formed. The second sentence of paragraph 1 shall apply accordingly.

Fourth chapter
Representation of non-permanent employees

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Section 65

(1) During the term of office of the Staff Council, the number of persons employed temporarily increases by more than 20 persons, who are likely to be employed only for a period of not more than six months, the non-permanent employees shall select in secret ballot

21 to 50 non-permanent employees
	a representative,
51 to 100 non-permanent employees
	two representatives,
in more than 100 non-permanent employees
	three representatives.

The Staff Council shall determine 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 (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-permanent employees or on the expiry of the conditions for their choice. § 26 sentence 2, § 27 para. 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 para. 1, 2, 3 sentence 1 and § 67 para. 1 sentence 3 apply. (4) Take part in the meetings of the Staff Council the representatives referred to in paragraph 1 shall participate in accordance with the provisions of Section 40 (2).

Fifth chapter
Participation of the Staff Committee

First section
General

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Section 66

(1) The Head of the Service 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 have to refrain from doing everything that is appropriate to work and to interfere with the 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 the labour disputes of collective parties. (3) Outstanding positions may not be called until agreement has been reached in the service. Unofficial table of contents

Section 67

(1) Office and Staff Committee shall ensure that all members of the Service are treated in accordance with law and equity, in particular that any discrimination against persons on grounds of their racial or ethnic origin or on grounds of their ethnic origin the origin, descent or other origin, nationality, religion or belief, disability, age, political or trade union activity or attitude or because of their sex or their sex or their sex, 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 matters. (2) Employees, the tasks (3) The Staff Committee has committed itself to safeguarding the freedom of association of the employees. Unofficial table of contents

Section 68

(1) The Staff Committee shall have the following general tasks:

1.

(b) to apply for measures to be taken by the service and its families;

2.

to ensure that the laws, regulations, collective agreements, service agreements and administrative arrangements in force in favour of employees are carried out,

3.

Receive suggestions and complaints from employees and, if they appear to be entitled to work with the Head of the Service, to work towards their execution,

4.

to promote the integration and professional development of severely damaged and other vulnerable, in particular older persons,

5.

To apply for measures to promote the professional promotion of severely damaged persons,

5a.

to promote the effective equality of women and men, in particular in recruitment, employment, education, training and career advancement,

6.

to promote the integration of foreign workers in the service centre and the understanding between them and the German employees,

7.

Cooperate closely with the youth and trainee representation to promote the interests of the employees referred to in § 57.

(2) The Staff Committee shall be informed in a timely and comprehensive manner in order to carry out its tasks. 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 shall be brought to the attention of the staff representative at the request of the employee.

Second section
Forms and procedures for co-determination and participation

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Section 69

(1) Where a measure is subject to the co-determination of the Staff Council, it can only be made with its consent. (2) The Head of the Service shall inform the Staff Committee of the intended measure 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 subject to the following: (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 superordinate services in which the level of the agencies are represented. 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, stating the reasons. (4) The competent authority and the competent authority of the competent authority shall be responsible for the If there is no agreement, the settlement body decides (§ 71); in the cases of Section 77 (2), it shall determine whether there is a reason to refuse to consent. 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 chief 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. Unofficial table of contents

Section 70

(1) The Staff Council shall request a measure which is subject to its co-determination pursuant to Article 75 (3) (1) to (6) and (11) to (17) of its co-determination, and shall propose it to the Head of the Service in writing. If the latter does not comply with the application, the further proceedings shall be determined in accordance with Article 69 (3) and (4). (2) The Staff Council shall apply for a measure subject to the provisions of its co-determination as referred to in the first sentence of paragraph 1 of this Article. 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); the supreme service authority shall decide definitively. Unofficial table of contents

Section 71

(1) The unit shall be established at the highest office of service. 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 the 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, and in particular the law on the budget. (4) The decision must be sent 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. Unofficial table of contents

Section 72

(1) Insofar as the staff council participates in decisions, the intended measure must be discussed with it in good time before implementation with the objective of an understanding. (2) The Staff Council does not express itself within ten In the event of a working day or if he does not maintain his objections or proposals in the course of discussion, 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. § 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. (4) The Staff Council of a subordinated service may submit the matter with the request for a decision within three working days of receipt of the communication by means of service to the superordinate services in which there are progressive agencies. These decisions will be taken after negotiation with the existing representation of the step. Section 69 (3) sentences 2, 3 shall apply accordingly. A copy of his application shall be sent to the Staff Committee 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. Unofficial table of contents

Section 73

(1) Service agreements shall be admissible insofar 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 an appropriate manner. (2) Service agreements which apply to a larger area shall be notified to the Service agreements for a smaller area. Unofficial table of contents

Section 74

(1) Decisions in which the Staff Council was involved shall carry out the service, unless otherwise agreed in the individual case. (2) The Staff Council must not intervene in the service operation by unilateral acts.

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

Unofficial table of contents

§ 75

(1) The Staff Council shall have to be co-determined in the personnel matters of the employees

1.

setting,

2.

Transfer of a higher or lower activity to be evaluated, higher or back grouping, grouping,

3.

Transfer to another service, implementation within the service, if it is connected to a change of the duty station (the catchment area within the meaning of the right to transfer costs belongs to the place of service),

4.

Secondhand for a period of more than three months,

4a.

Assignment in accordance with § 29 of the Federal Civil Service Act for a period of more than three months,

5.

Further employment beyond the age limit,

6.

Arrangements restricting freedom in the choice of the home,

7.

Failure or revocation of the approval of a secondary activity.

(2) The Staff Council shall participate in social affairs in the case of:

1.

Grant of support, advances, loans and corresponding social benefits,

2.

the allocation and termination of the accommodation available to the service and the general setting of the conditions of use;

3.

Assignment of Service and Pachtland and setting of the terms of use.

If an employee has requested a performance in accordance with point 1, the staff council will only be involved in his/her application; at the request of the applicant, only the Executive Board of the Staff Council shall determine. After the end of each calendar quarter, 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 given by the applicants is not given here. (3) The Staff Council, in so far as a statutory or tariff scheme does not exist, may, where appropriate, by conclusion of service agreements, determine

1.

Start and end of daily working hours and breaks, as well as the distribution of working time on the individual weekdays,

2.

Time, place and type of payment of remuneration and remuneration,

3.

Preparation of the holiday plan, setting the time of the holiday leave for individual employees, if no agreement is reached between the head of service and the employees involved,

4.

Questions of wage formation within the department, in particular the establishment of remuneration principles, the introduction and application of new remuneration methods and their modification, as well as the fixing of chord and premium rates and comparable performance-related charges, including monetary factors,

5.

Establishment, management and dissolution of social institutions without regard to their legal form,

6.

-the implementation of vocational training for workers,

7.

Selection of participants in training courses for employees,

8.

Content of staff questionnaire for employees,

9.

Assessment guidelines for workers,

10.

Order of trust or occupational physicians as employees,

11.

measures to prevent service and industrial accidents and other health damage;

12.

principles relating to the evaluation of recognised proposals in the framework of operational proposals;

13.

the establishment of social plans, including plans for retraining, to compensate or mitigate the economic disadvantages suffered by the workforce as a result of rationalisation measures;

14.

Look at the invitation to tender for posts to be filled,

15.

Regulation of the order in the office and the behaviour of the employees,

16.

design of jobs,

17.

Introduction and application of technical equipment designed to monitor the behaviour or performance of employees.

(4) For categories of persons employed, the daily working time (paragraph 3 (1)) shall be fixed irregularly and in the short term as required by the requirements which cannot be foreseen by the office of employment, the co-determination shall be limited to the principles applicable to: the establishment of the service plans, in particular for the purpose of arranging for service, extra work and overtime. (5) Labour charges and other working conditions which are governed by collective agreements or are normally 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. Unofficial table of contents

Section 76

(1) The Staff Committee shall, in the case of officials ' personnel matters, contribute to:

1.

Setting, setting,

2.

Transport, transfer of another office with a higher final basic salary, without amendment of the official title, presentation of another office with a different name when changing the category of career, changing the career path,

3.

transfer of a higher or lower activity to be assessed,

4.

Transfer to another service, implementation within the service, if it is connected to a change of the duty station (the catchment area within the meaning of the right to transfer costs belongs to the place of service),

5.

Secondhand for a period of more than three months,

5a.

Assignment according to § 29 of the Federal Civil Service Act for a period of more than three months,

6.

Arrangements restricting freedom in the choice of the home,

7.

failure or revocation of the authorisation 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 the regular working time or leave,

9.

To postpone the entry into retirement due to the age limit.

(2) In so far as a statutory or tariff scheme does not exist, the Staff Council shall, where appropriate, be co-determined by the conclusion of service agreements.

1.

Selection of participants in training courses for civil servants,

2.

Content of staff questionnaire for civil servants,

3.

Assessment guidelines for civil servants,

4.

Order of trust or occupational physicians as civil servants,

5.

measures to improve the working performance and facilitate the working process;

6.

general questions relating to the training of employees,

7.

Introduction of fundamentally new working methods,

8.

the adoption of guidelines on the selection of personnel in the case of recruitment, transfers, regroupings and dismissal;

9.

the assertion of replacement claims against an employee,

10.

Measures to ensure the effective equality of women and men, in particular recruitment, employment, training, continuing education and training and promotion.

In the cases referred to in point 9, the Staff Council shall determine only at the request of the employee, who shall be informed in advance of the proposed measure. Unofficial table of contents

Section 77

(1) In personnel matters of the employees referred to in § 14 (3), the civil servants at the time, the employees with predominantly scientific or artistic activity, the Staff Council shall determine, in accordance with section 75 (1), § 76 (1), only if: they request it. § 75 (1) and (3) (14), section 76 (1) do not apply to the officials referred to in § 54 (1) of the Federal Civil Service Act and to civil servants from grade A 16 upwards. (2) The Staff Council may in the cases of § 75 (1) and § 76 (1) refuse to give its consent if:

1.

the measure contravenes a law, a regulation, a provision in a collective agreement, a court decision, the women's support plan or an administrative order or a directive within the meaning of section 76 (2) (8) of the directive, or

2.

the concern is caused by the fact that the action of the employees concerned or other employees is at a disadvantage, without this being justified on grounds of service or personal reasons, or

3.

the concern is caused by facts that the employee or candidate will disturb peace in the service through unsocial or unlawful conduct.

Unofficial table of contents

Section 78

(1) The Staff Council shall act with

1.

Preparation of 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 Officials Act the leading organizations of the shall be involved in the preparation of such trade unions,

2.

the dissolution, restriction, transfer or pooling of services or substantial parts of them;

3.

The investigation of the disciplinary situation against an official,

4.

Dismissal of officials on a sample or on revocation if they have not applied for the dismissal themselves,

5.

Early retirement.

(2) In the cases referred to in paragraph 1 (3) to (5), the provisions of Section 77 (1) sentence 2 shall apply mutaly to the participation of the Staff Council. 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 personnel requirements to the estimates, the Staff Council 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 applies accordingly to new, rebuilding and extension buildings of service rooms. (5) The Staff Council is to be consulted before fundamental changes in work procedures and work processes. Unofficial table of contents

§ 79

(1) The Staff Council shall act upon the regular notice of termination by the employer. Section 77 (1) sentence 2 shall apply accordingly. The Staff Committee may object to the dismissal if, according to its opinion,

1.

in 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 denunciation violates a directive within the meaning of Article 76 (2) (8),

3.

the worker to be announced may continue to be employed in another workplace in the same service or in another service of the same administrative branch in the same place of employment, including its catchment area;

4.

the continued employment of the worker is possible after reasonable retraining or further training measures; or

5.

the continued employment of the employee under amended contractual conditions is possible and the employee hereby declares his agreement.

If the employee is terminated even though the staff council has lodged an objection in respect of the dismissal in accordance with the third sentence, a copy of the opinion of the Staff Council shall be forwarded to the employee with the notice of termination, unless the worker's notice of termination of the employee's notice of termination has been cancelled. (2) In the case of the fourth sentence of the first sentence of paragraph 1, the employee has brought an action under the law on the protection of dismissal to the effect that the employment relationship is the dismissal shall not be disbanded, 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 working court may, by means of an inoperative disposition, release it from the obligation to continue employment in accordance with the first sentence, if:

1.

the employee's action does not offer sufficient prospects of success or appears to be reasonable, or

2.

the continued employment of the worker would lead to an unreasonable economic burden on the employer; or

3.

the opposition of the staff council was manifestly unfounded.

(3) The Staff Council shall be consulted before timeless layoffs and extraordinary redundancies. The Head of Service shall give reasons for the proposed action. If the Staff Council has concerns, it shall inform the Head of Service immediately, in writing at the latest within three working days, stating the reasons. (4) Termination shall be ineffective if the Staff Council has not been involved. Unofficial table of contents

§ 80

A member of the staff council responsible for this area, appointed by the staff member responsible for this area, may be able to participate in an advisory role in the examinations which a department departs from the employees in the area concerned. Unofficial table of contents

§ 81

(1) In the fight against accident and health hazards, the Staff Council has the authorities responsible for occupational safety and health, the institutions of the statutory accident insurance and the other bodies concerned by means of stimulation, advice and (2) The Heads of Service and the bodies referred to in paragraph 1 shall be obliged to provide information on the implementation of the provisions relating to occupational safety and health protection and accident prevention in the service centre. -related surveys and the prevention of accidents Questions and, in the event of accident investigations, the staff council or the members of the staff council appointed by the staff council to 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 occupational safety and accident prevention. (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 Social Code take part in the staff council members. (4) The staff council receives the minutes of investigations, visits and meetings, to to which it is to be added under paragraphs 2 and 3. (5) The Head of Service shall have to issue a copy to the Staff Committee of the accident display 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 the graduated representatives and of the overall staff council

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Section 82

(1) In matters where the office is not authorised to take a decision, the Staff Council shall be replaced by the step-by-step representation formed by the competent authority. (2) Before a decision is taken in matters relating to individual matters, the Staff Committee shall be responsible for the The Staff Committee shall give the Staff Council an opportunity to express its views on the staff or services. In this case, the time limits of § § 69 and 72 are doubled. (3) Paragraphs 1 and 2 shall apply mutagenally to the distribution of competence between the Staff Council and the General Staff Council. (4) For the powers and duties of the progressive agencies and the staff of the Staff Committee. The general staff council is subject to § § 69 to 81. (5) In the field of multi-level administrations, personnel or social measures are taken by a department where there is no competent authority for participation in these measures. Staff representation is provided for, so the level representation at the next higher The office of which the decisive service and the persons affected by the decision are part of the business unit.

Sixth chapter
Court decisions

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Section 83

(1) The administrative courts, in the third legal proceedings the Federal Administrative Court, decide, except in the cases of § § 9, 25, 28 and 47 (1) above

1.

Eligibility and eligibility

2.

the election and term of office of the staff representatives and the representatives referred to in § § 57, 65, as well as the composition of the staff representatives and the representatives of the youth and trainee staff,

3.

Responsibility, management and legal status of the personnel representations and the representatives referred to in § § 57, 65,

4.

Existence or non-existence of service agreements.

(2) The provisions of the Labour Court Act relating to the decision-making procedure shall apply accordingly. Unofficial table of contents

Section 84

(1) For the decisions to be taken pursuant to this Act, the administrative courts of the first and second legal proceedings shall be subject to the formation of technical chambers (Fachsenate). The competence of a technical chamber can be extended to the districts of other courts or parts of them. (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 Land government or by the body designated by it on a proposal

1.

the trade unions represented among the employees; and

2.

the 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 shall apply accordingly. (3) The Chamber of Specials shall act in the occupation with a Chairpersons and two persons appointed pursuant to the third sentence of paragraph 2 (1) and (2). An official and a worker must each be located in the presence of the advisers referred to in the third sentence of paragraph 2, point 1.

Seventh chapter
Rules relating to special administrative branches and the handling of cases of closure

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§ 85

(1) For the Federal Police, this Act shall apply with the following exceptions:

1.

The employees of the federal police authorities and the departments that follow them select federal police personnel representatives (Bundespolice Personalrat, Federal Police District Council, Federal Police Main Personality Council).

2.

Law enforcement officers are only entitled to vote (§ 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 a service period of two years .

3.

In matters relating only to the police officers who are not entitled to vote in accordance with point 2, the Federal Police Office shall act when a person of confidence (paragraph 2) requests this in the individual case.

4.

The police officers referred to in paragraph 3 shall not be taken into account in the determination of the number of members of the staff members to be released by the service in accordance with Section 46 (4).

5.

The rules on the representation of young people and trainees do not apply to law enforcement officers.

6.

A participation of the federal police personnel representation does not take place at

a)

Arrangements for law enforcement officers, by means of which the use or entry-level training is regulated,

b)

the recruitment of police officers for basic training.

7.

The Federal Police Office shall determine the extent to which the official applies for the professional promotion of police officers.

(2) The police officers who do not have the right to vote for the federal police personnel in accordance with paragraph 1 (2) shall elect a person 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.

The police officers referred to in sentence 1 shall be entitled to vote and to be elected without regard to their age; the second sentence of Section 13 (1), Section 14 (1), second sentence shall apply mutas to the rest of the persons concerned.

2.

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 appointed the electoral board within the stipulated period, or if there is no federal police personnel council in the service office, the head of the department shall appoint the electoral board.

3.

The Electoral Council shall immediately convene an Assembly of Eligible Voters. The election of the man of trust and his deputy shall be carried out in this Assembly. It is chosen by hand-lifting. If an electoral vote is in contradicts, a secret ballot shall be made with ballot papers. § 24 shall apply accordingly.

4.

For the term of office of the confidence man and his deputits, § 29 (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 deputits have entered into the new election.

5.

§ § 43 to 45, 46 para. 1, 2, 3 sentences 1 and 6 apply accordingly for the management and legal status of the confidence man. § 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 shall be heard in good time by the head of the service. The liaison officer may take part in the meetings of the Federal Police Personality Council, and in the cases referred to in paragraph 1 (3) he has the right to vote in the Federal Border Guard.

(3) The service ends (Section 49 (1) of the German Federal Border Protection Act of 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 Federal Border Guard (Bundesgrenzschutzpersonalrepresentations) shall be entitled to vote in conjunction 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 shall be shall apply accordingly. Unofficial table of contents

§ 86

For the Federal Intelligence Service, this Act shall apply with the following exceptions:

1.

Parts and positions of the Federal Intelligence Service, which do not belong to the head office of the Federal Intelligence Service, shall be deemed to be services within the meaning of Section 6 (1). In case of doubt, the head of the Federal Intelligence Service shall decide on the duty of service.

2.

Membership in the Staff Council rests with persons who are not admitted to a security-sensitive activity.

3.

In cases of Section 28 (2), the head of the Federal Intelligence Service shall set up an electoral executive.

4.

The staff 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 Service may, after consulting the Staff Council, determine the staff members who are required to do so by virtue of their duties, not to attend staff meetings.

6.

The agenda of the Staff Assembly and the items to be dealt with in the Staff Assembly and in the Activity Report shall be determined by the Staff Committee in agreement with the Head of the Service. Other points must not be treated. 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 department 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 finally decide, in the case of Section 72 (4), after hearing with the staff council of the head office.

9.

The participation of the Staff Council shall be replaced by the co-determination and the consent.

10.

§ 93 shall apply with the following conditions:

a)

Staff representative offices within the meaning of point 1 do not constitute committees, and 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) or disregard any involvement in the case of special intelligence reasons.

11.

In the event of special security incidents or a special situation in which the Federal Intelligence Service is wholly or partially affected, the rights and obligations of the competent personnel representatives shall be laid down. The head of the Federal Intelligence Service shall determine the beginning and end of the duties of the Staff Committee in agreement with the head of the Federal Chancellery.

12.

The provisions 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 para. 2, § 81 para. 1, 5 are not to be applied.

13.

Unless otherwise indicated in points 1 to 12, § § 48 to 52 of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) shall apply accordingly.

14.

The Federal Administrative Court shall have jurisdiction in the first and last legal proceedings for judicial decisions pursuant to Section 83 (1). In court proceedings § 99 of the Administrative Court Rules shall apply accordingly.

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Section 87

This law applies to the Federal Office for the Protection of the Constitution with the following exceptions:

1.

The head of 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 provisions relating to the participation of representatives or representatives of trade unions and employers ' associations (Section 20 (1), § 36, 39 (1), § 52) shall not apply.

3.

In the case of the participation of the stepped representation and the agreement, matters relating only to employees of the Federal Office for the Protection of the Constitution are to be treated as "VS-CONFIDENTIAL" classified information (§ 93), to the extent that: does not determine the competent body otherwise.

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Section 88

This law applies to federal bodies and institutions of public law in the field of social security and to the Federal Employment Agency, with the following exceptions:

1.

For the purposes of Article 6 (2), second sentence, the authorities of the intermediate level are the departments directly subordinate to the main administrative body to which other departments are subordinate.

2.

By way of derogation from § 7 sentence 1, the Board of Management shall act for the body or institution, insofar as the decision-making authority is reserved for it; the Management Board shall act for the agencies for work and the regional directorates of the Federal Employment Agency. The Board of Management or the Management Board may be represented by one or more of the respective members. § 7, sentences 3 and 4 shall remain unaffected.

3.

The Board of Management shall be deemed to be the supreme service authority within the meaning of Section 69 (3), (4) and (4). § 69 (3) sentence 2 shall not apply.

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§ 89

This law applies to the Deutsche Bundesbank with the following exceptions:

1.

The central banks, which are subordinate to two institutions, shall be regarded as the authorities of the middle class within the meaning of the second sentence of section 6 (2).

2.

The top 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 take the decision, Section 69 (3) sentence 2 shall not apply.

3.

The Central Bank, the Executive Board and the Executive Board of a Central Bank may be represented by one or more of its members. § 7 sentence 2 shall remain unaffected.

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Section 89a

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§ 90

This law applies to the broadcaster of the federal law "Deutsche Welle" with the following deviations:

1.

The facilities of Deutsche Welle at Cologne's headquarters and Deutsche Welle's facilities at the Berlin-based headquarters are each forming 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 assigned by the German Artistic Director of Deutsche Welle to a department. Section 6 (3) shall not apply.

2.

The employees in both departments select-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 applicable to the General Personality Council shall be applicable in the rest of the application.

3.

The employees in the sense of § 57 in both departments elect-in addition to the local youth-and trainees ' representatives-a total 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 provisions governing the representation of the overall youth and trainee are also applicable in the corresponding application.

4.

The director 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 apply accordingly.

5.

Employees of Deutsche Welle within the meaning of this Act are the employees of Deutsche Welle, who are employed indefinitely or on time by employment contracts, including those employed for their vocational training. Employees within the meaning of this law are not:

a)

the Director, the Directors and the Justitiar,

b)

Persons 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.

Section 44 (1) sentence 2 shall apply with the proviso that the travel expenses regulations of Deutsche Welle shall be replaced by the Federal Travel Cost Act.

7.

a)

In the case of employees whose remuneration is based on the remuneration group I of Deutsche Welle's remuneration tariff contract or whose remuneration is above the highest remuneration group, the Staff Council will not be held in the cases of Section 75 (1) and (3) No. 14 .

b)

In the case of the employees of the remuneration group II of the remuneration tariff contract of Deutsche Welle, the participation of the staff council in cases of § 75 para. 1 shall be replaced by the participation of the Staff Council.

c)

In the case of employees with predominantly scientific or artistic activities as well as employees who are significantly involved in the programme design, the Staff Council shall only determine in the cases of Section 75 (1) if they apply for this. § 69 (4) sentences 3 and 4 shall apply accordingly.

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Section 91

(1) For federal services abroad, this law shall apply with the following exceptions:

1.

Local staff are not employees within the meaning of § 4.

2.

The employees are not eligible for a step-by-step 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 Federal Foreign Office without the services of the German Archaeological Institute are, in addition to the election of the Staff Council of their department, also to elect the Staff Council of the German Archaeological Institute Federal Foreign Office, but not electable. They are not entitled to vote for the election of the main staff council of the Federal Foreign Office. In so far as a phased representation would be responsible, the staff council of the Federal Foreign Office should be involved in its place. Section 47 (2) shall not apply to persons entitled to vote in accordance with the first sentence of the first sentence of the Staff Council of the Federal Foreign Office.

4.

Section 47 (2) applies to members of 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 Section 26.

5.

The Administrative Court is responsible for judicial decisions pursuant to § 83, in the district of which the supreme service authority has its seat.

(2) In federal services abroad, in which at least five local staff are normally employed (paragraph 1 (1)), they shall elect a man 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 Staff Committee. 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. Unofficial table of contents

§ 92

Section 82 (5) applies to the division of the Federal Ministry of Defence with the following conditions:

1.

Where human or social measures are carried out by a department which does not provide for the staff representation responsible for participation in these measures, it shall have effect for the individual employees of a department which is not subordinated to it. , the Staff Council shall be required to participate in that service by its directors, after an agreement has previously been established between the services on the proposed measure.

2.

If, in the case of a service where no representation is provided for in the preparation of decisions pursuant to section 75 (2), first sentence, no. 2 and paragraph 3, point 5, with effect for other services committees, the department shall have the following: to advise a member of the phased representation at the next higher level of service, which is to be given to the said services. This member shall be designated by the stepped representation. Number 1 shall not apply.

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Section 93

(1) In so far as a matter at which a staff representation is to be involved is classified as a closure matter of at least the degree of classification "VS-CONFIDENTIAL", a committee shall replace 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. The Committee of the District Council of the District Council does not form a committee; it is replaced by the Committee of the District Council. (2) If the competent committee is not formed in time, the Committee of the in the case of the service office, or, if it is not formed in a timely manner, to participate in the committee of the progressive representation existing at the top of the service authority. (3) The unit of entry (§ 71) shall consist of the sentence in paragraph 1 1 each of the cases referred to in paragraph 1 by a co-sitter appointed by the highest office and the competent staff representative of the latter, and a non-partisan chairman authorised under the provisions in force to be aware of cases of closure of the relevant degree of secrecy. (4) § § 40, 82 (2) and the provisions relating to the participation of the trade unions and employers ' associations in Sections 36 and 39 (1) shall not apply. Matters which are classified as "VS-CONFIDENTIAL" classified information shall not be dealt with in the Staff Meeting. (5) The supreme service authority may order that in the cases referred to in the first sentence of paragraph 1, the first sentence shall be: The Committee and the conciliation body shall not be required to submit documents and provide information to the extent necessary to avoid any disadvantages for the good of the Federal Republic of Germany or of one of its countries or on the basis of international law. Commitments are required. In the procedure according to § 83, the legal requirements for the arrangement are to be made credible.

Part two
Personnel representation in the countries

First chapter
Framework legislation for national legislation

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Section 94

For the legislation of the Länder, § § 95 to 106 framework regulations are. Unofficial table of contents

§ 95

(1) In the administrations and enterprises of the Länder, municipalities, municipal associations and other non-federal bodies, institutions and foundations of public law as well as in the courts of the Länder, personnel representatives are , for officials in the preparatory service and employees in appropriate vocational training, public prosecutors, police officers and members of radio and television broadcasters, as well as departments, education, scientific or artistic For the purposes of this Regulation, the Member States may apply a special scheme § 104. (2) The provision of youth and trainee representation is to be provided in the individual 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 Länder shall have to regulate in which cases the entire youth and trainee representation shall have a right to participate in an advisory vote and in which cases the right to vote in the Staff Committee shall be granted. (3) The Disabled representatives shall be allowed to participate in all meetings of the Staff Committee. Unofficial table of contents

§ 96

The tasks of the trade unions and the employers ' associations are not affected by the right of personnel representation. Unofficial table of contents

Section 97

A collective agreement or a service agreement must not allow a system of personnel representation law which deviates from the statutory provisions. Unofficial table of contents

Section 98

(1) The staff representatives shall be elected by secret ballot and by direct election and in the presence of several nominations 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 be their representatives in separate ballots, unless the majority of the electorate of each group decides on the common choice in separate secret ballots. (3) On matters which only those belonging to a group , the Staff Committee shall not be able to oppose the will of this Group (4) The sexes should be represented in the Staff Committees and the Youth and Trainees ' Representatives in accordance with the number ratio. Unofficial table of contents

§ 99

(1) The election and activity of staff representatives and youth representatives or of youth and trainee representative bodies must not be hindered or influenced in a manner contrary to the good morals. (2) Members of the Personnel representatives and youth representatives or youth and trainee representatives may only be transferred or seconded against the will if, for important service reasons, this also takes account of the membership in the Staff representation or youth representation and youth and Representation in the form of representation is unavoidable and the staff representation agrees. Unofficial table of contents

§ 100

(1) The members of the staff representatives carry out their duties free of charge as an honorary office. (2) The election and the activities of the staff representatives do not allow the employees to suffer economic disadvantages. (3) The persons employed by the election and the staff representatives are not allowed to take up economic disadvantages. The administration shall bear the costs incurred by the staff representative. Unofficial table of contents

§ 101

(1) Meetings of staff representatives are not open to the public. (2) Persons who exercise or have exercised duties or powers under the right of staff representation shall have the affairs and facts known to them in the process. To keep silent. (3) At the request of the staff representatives, the documents required for the performance of their duties shall be made available. Personnel records may only be submitted with the consent of the employee representative. Unofficial table of contents

Section 102

(1) Staff representatives shall be re-elected at reasonable intervals. (2) Staff representatives may, due to gross neglect of their legal powers or due to gross violation of their legal obligations by judicial authorities, may be required to comply with the law. Decision resolved. The same applies to the exclusion of individual members. Unofficial table of contents

Section 103

Staff representatives shall seek to ensure that the rules and regulations in force in favour of employees are carried out. Unofficial table of contents

Section 104

The staff representatives shall be involved in the internal, social and personnel affairs of the employees, with the aim of establishing a system as defined 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 government power, in particular decisions

in the personnel matters of officials, on the organisation of courses in the preparatory service, including the selection of teaching personnel and in organisational matters,

shall not, however, be withdrawn from the bodies responsible for the representation of the people. Unofficial table of contents

Section 105

The staff representatives shall, together with the Head of the Service, ensure that the affairs of the employees are dealt with in a proper and fair way. 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. Unofficial table of contents

Section 106

The administrative courts are called to court decisions.

Second chapter
Provisions directly applicable to countries

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Section 107

Persons exercising duties or powers under the right of human resources representation shall not be prevented from doing so and shall not be disadvantaged or favoured because of their activities; this shall also apply to their professional development. § 9 shall apply accordingly. Unofficial table of contents

Section 108

(1) The extraordinary dismissal of members of the staff representatives, the youth representatives or the youth and trainee representatives, the electoral board members as well as of election applicants who are in a working relationship requires the consent of the members of the staff representative bodies. of the relevant Staff Committee. If the competent staff committee 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 employee concerned is a participant. (2) A termination of the employment relationship of a person employed by the employer is ineffective if the employee representation has not been involved is. Unofficial table of contents

§ 109

If a civil servant suffers from an accident which would be a service accident in the sense of the civil accident insurance legislation in the light of the right to exercise rights or the performance of duties under the right of staff representative, those provisions shall apply. appropriate application.

Part Three
Criminal provisions

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§ § 110 and 111 (omitted)

-

Fourth part
Final provisions

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Section 112

This law does not apply to religious communities and their charitable and educational institutions without regard to their legal form; they are left to the self-order of a human resource representative. Unofficial table of contents

§ § 113 and 114 (omitted)

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§ 115

The Federal Government is authorized to adopt provisions for the implementation of 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 Bundesrat. over

1.

the preparation of the election, in particular the drawing up of the electoral lists and the calculation of the number of representatives;

2.

the time limit for inspection of the voter lists and the collection of objections;

3.

the list of proposals and the deadline for their submission,

4.

the letter of election and the time limits for its publication,

5.

the vote,

6.

the determination of the results of the vote and the time limits for its publication,

7.

the storage of the electoral markets.

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Section 116

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§ 116a

(1) The first-time elections to the Youth and Trainees ' Representatives, which are replaced by those in § 57, as amended by 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 November 30th, 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 to the relevant Youth Offices. The term of office of the youth and trainee representations elected for the first time in accordance with the first sentence shall expire on 31 May 1991 at the latest; the next periodic elections shall accordingly take place from 1 March to 31 May 1991. (2) The rights and obligations of the until the beginning of the term of office of the youth representatives referred to in paragraph 1 of the first elected youth and trainee representative bodies, the law of 15 March 1974 (BGBl) shall be the subject of this Act. 693), as last amended by Article 4 of the Law of 24 July 1986 (BGBl I). 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 not be held after 31 July 1988. (4) Article 1, sentence 2, of the Law 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, the second sentence of Article 28 (2) shall apply only if an obligation of the Electoral board for the introduction of new elections for youth representatives, having regard to the rules 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. Unofficial table of contents

§ 116b

§ 26 and Section 27 (1) shall apply for the first time to staff councils elected after 28 February 1991 in the version to be submitted for a term of office of four years. The same applies to the provision of section 27 (2) no. 1, which is to be set up for twenty-four months. The provisions of Section 26, Section 27 (1) and (2) (1) of the Act of 15 March 1974 (BGBl I p. 693) shall apply to personnel councils elected before 1 March 1991, without prejudice to § 27 (5). Unofficial table of contents

Section 117

Where reference is made in other provisions to provisions or names which are repealed or amended by this Act, the relevant provisions of this Act shall be replaced by the provisions of this Act. Unofficial table of contents

Section 118

This law 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. Unofficial table of contents

§ 119

This Act shall enter into force on 1 April 1974. Unofficial table of contents

Final formula

The Federal Government has given the above law the approval required under Article 113 of the Basic Law.