Election Regulations The Federal Staff Representation Act

Original Language Title: Wahlordnung zum Bundespersonalvertretungsgesetz

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Electoral Regulations to the Federal Personalization Act (BPersVWO)

Non-official table of contents

BPersVWO

Date of issue: 23.09.1974

Full quote:

" Electoral Regulations to the Federal Personalization Act in the Federal Republic of Germany Version of the notice of 1. December 1994 (BGBl. 3653), as last amended by Article 1 of the Regulation of 28 June 2008. September 2005 (BGBl. I p. 2906) "

:Recaught by Bek. v. 1.12.1994 I 3653;
last modified by Art. 1 V v. 28.9.2005 I 2906

For details, see the Notes

Footnote

(+ + + text certificate: 26.9.1974 + + +)
menu

(+ + + measures) on the basis of EinigVtr, see BPersVWO attachment EV + + +) unofficial table of contents

content overview

First Part
Personnel choice
First Section
Common rules on the preparation and execution of the election
§ 1Electoral board, election helper
§ 2 Determination of the number of persons employed, voters ' directory
§ 3Provocals against the Selector directory
§ 4Preliminary votes
  § 5Determination of the number of members of the personnel council to be elected, the distribution of seats among the groups
§ 6Election Letter
§ 7 Electoral proposals, submission deadline
 § 8Election suggestions content
§ 9Other requirements
 § 10Electoral proposals handling election proposals, invalid election proposals
§ 11 Grace period for submission of election proposals
§ 12Label of the Election Suggestions
§ 13Announcement of election proposals
  § 14Canister minutes
§ 15 Performance of the right to vote, ballot, invalid vote
§ 16 Electoral Action
§ 17Font Voting
§ 18Handling of the votes cast in writing
§ 19Voting of subsidiary bodies and parts of departments
§ 20 Wahlergebase finding
§ 21electoral transcript
§ 22Notification of selected candidates
§ 23Wahlergebase Announcement
§ 24 Storage of electoral documents
Second Section
Specific rules for the choice of multiple
Human Resources Board Members or Group Representatives
First Subsection
 Electoral procedure in the presence of multiple election proposals (proportional representation)
§ 25Prerequisites for ratio selection, ballot, voting
§ 26Determination of the selected group representatives in group selection
§ 27Determination of the selected group representatives in common choice
 Second Subsection
Electoral procedure in case of election proposal (personal choice)
§ 28Prerequisites for Personal Choice, Ballot, Voting
§ 29Determination of the candidates selected
Third Section
Special provisions for the election of a member of the staff member or a group representative (choice of person)
§ 30Requirements for choice of person, ballot, voting result, election result
Vated section
Choice of representatives of non-permanent employees
§ 31Preparation and execution of the election
Second Part
 District sperm board choice
§ 32Corresponding Applications of the rules on the selection of the staff council
§ 33Direction of the election
§ 34Determination of the number of employees, voters ' directory
  § 35Determination of the number of county sperm council members to be elected, the distribution of seats among the groups
  § 36Timely Election
§ 37 Election Letter
§ 38District Electoral Notices
§ 39session-down-fonts
§ 40Voting sheet, ballot paper
§ 41 Determination and Announcement of the Wahlergebase
Third Part
Election of the Main Personality Council
§ 42Appropriate application of the rules governing the choice of District spersonal rates
§ 43Line of choice
  § 44Implementation of choice by district
fourth part
Total personalrates choice
§ 45 Corresponding application of the rules on the choice of the staff council
Fifth Part
Election of youth and trainee representatives
§ 46Preparation and Performing the choice of youth and trainee representation
§ 47Election of youth and Output stage representations
Sixth Part
Special Management branches
§ 48Bundespolizei confidante
§ 49Personnel representations in the Federal Intelligence Service
§ 49aPersonnel representations of the Deutsche Bundespost
§ 50 Election of national staff representation by employees in federal services abroad
§ 51 Local forces of trust (§ 91 para. 2 of the law)
Seventh part
Final specifications
 § 52Time limits calculation
§ 53Transitional control
 § 54Entry into

First part
Personnel Council choice

First section
Common rules on the preparation and implementation of the election

Non-official table of contents

§ 1 Electoral Board, Electoral Helper

(1) The electoral board shall carry out the election of the staff council. He may appoint persons entitled to vote in his or her office as an electoral officer in order to assist him in carrying out the vote and counting the votes. Section 24 (2) sentences 2 and 3 of the Act shall also apply to the activities of the electoral helpers.(2) The office shall assist the electoral board in the performance of its duties, in particular to provide the necessary documentation and, where necessary, to supplement it and to provide the information required. For the preparation and execution of the election, the department has to provide rooms, business needs and writing staff in the required scope.(3) The electoral board shall announce the names of its members and, where appropriate, of the substitute members immediately after his appointment, election or establishment in the office by means of a curtain until the end of the vote.(4) The electoral board shall take its decisions with a simple majority of its members.(5) The electoral board shall ensure that foreign employees are adequately informed, if necessary, of the electoral procedure, the list of voters and the lists of proposals, the electoral process and the vote, in a suitable manner, if necessary. Mother tongue, is taught. Non-official table of contents

§ 2 Determination of the number of persons employed, the voters ' register

(1) The electoral council member states the number of persons in the general election. Employees and their distribution to the groups. If this number does not exceed 50, the electoral body shall also determine the number of persons entitled to vote in accordance with section 13 of the law.(2) The electoral council shall establish a separate list of persons entitled to vote (voter register). Within the groups, the proportions of the sexes are to be determined.(3) The voters ' register or a copy shall be interpreted immediately after the initiation of the election until the end of the vote at the appropriate place for inspection. Non-official table of contents

§ 3 Proverbs against the voters ' register

(1) Each employee can write to the electoral Board in writing within six months of the vote. Work days since the interpretation of the voters ' register (§ 2 para. 3) objection against its correctness.(2) The electoral head shall decide on the objection immediately. The decision shall be notified in writing to the employee who has lodged an appeal without delay, but no later than one working day before the start of the vote. If the objection is justified, the electoral code shall correct the voters ' register.(3) After the expiry of the opposition period, the electoral head shall again check the voters ' register for its completeness. After that, the voters ' register is only available in the case of writing errors, obvious inaccuracies, the execution of any objections filed in good time, at the entry or exit of an employee, and in the event of changes in group membership until the conclusion of the To correct or to supplement voting. Unofficial Table Of Contents

§ 4 Prevotes

(1) Premotions over
1.
A distribution of the members of the staff council to the groups deviating from § 17 of the law (§ 18 1 of the law) or
2.
the conduct of a joint election (§ 19 para. 2 of the law) or
3.
The validity of extensions or parts of a department as an independent service (§ 6 para. 3 of the law)
are only taken into account if their result is the electoral board within six working days of the announcement according to Article 1 (3), and the electoral board is made credible that the result under the direction of a voting board consisting of at least three persons entitled to vote is in secret and in the cases referred to in points 1 and 2, by group of separate votes. A member of each group represented in the department, in the cases referred to in sentence 1 (3) of the branch office or in the part of the service, shall be members of the voting board.(2) In the announcement according to Article 1 (3), the electoral management committee shall draw attention to the time limits referred to in paragraph 1. Non-official table of contents

§ 5 Determination of the number of members of the staff members to be elected, the distribution of seats among the groups

(1) The electoral board determines the number of members of the staff council to be elected (§ § 16 and 17 (4) of the Act). If a distribution of the members of the staff council to the groups (section 18 para. 1 of the law) deviating from § 17 of the law has not been decided, the electoral board shall calculate the distribution of the personnel council seats on the groups (section 17 (1) to (1)). 5 of the law) according to the maximum number procedure (paragraphs 2 and 3). (2) The figures of the employees of the individual groups belonging to the office (§ 2 para. 1) are juxtaposed and the series shall be replaced by 1, 2, 3 etc. shared. A seat shall be allocated to the highest number (maximum number) until all personnel council seats (§ § 16 and 17 (4) of the law) are distributed. Each group will receive as much seats as the maximum number of seats. If only one seat is still available at the same maximum numbers, or if only two seats are to be distributed at three equal maximum numbers, the lot shall be decided.(3) In the case of the distribution of the seats in accordance with paragraph 2 to a group of fewer seats than is at least to be attributed to it in accordance with Section 17 (3) of the Act, it shall receive the number of seats prescribed in Section 17 (3) of the Act. The number of seats in the other groups shall be reduced accordingly. In this case, the respective last allocated seats are first shortened. If only one seat is to be cut at the same maximum number, the lot shall decide which group shall be the seat of the seat. Seats which are at least entitled to a group in accordance with the provisions of the law may not be withdrawn.(4) If in one service all groups have the same number of members, the calculation of the seats shall be superseded in accordance with the maximum payment procedure; in such cases, the lot shall decide to whom the higher number of seats shall be payable. Non-official table of contents

§ 6 Election Letter

(1) After the expiry of the period specified in § 4, and no later than six weeks before the last day of the The ballot box shall be issued by the electoral member state. It is to be signed by all members of the electoral board.(2) The electoral letter must contain
1.
Place and day of its decree,
2.
the number of members of the staff council to be elected, separated by group,
2a.
Percentages of the sexes within the office, separated by groups,
3.
whether the groups elect their representatives in separate ballots (group selection) or in the event of a common election prior to the ballot letter,
4.
where and when the voters ' register and the voting order are to be viewed
5.
Note that only employees who are entered in the voters ' register
5a.
the statement that the genders should be represented in the labor council according to the number ratio,
6.
The notice that objections to the voters ' register can only be filed within six working days since its interpretation by the electoral officer, the last day of the Notice of opposition is to be stated,
7.
the minimum number of persons entitled to vote, of which an election proposal must be signed, and the indication that each of them shall be entitled to vote. Employees for the election of the Staff Council can only be appointed on an election proposal,
7a.
Note that the nomination of a nomination for the election of a person represented in the office of the office of staff Union of two commissioners must be signed (Section 19 (9) of the Law),
8.
The request to submit nominations within eighteen calendar days after the adoption of the To submit a ballot letter to the Electoral Council, the last day of the submission deadline is to be specified,
9.
Note that only election proposals submitted in due time are submitted and that it is only possible to choose who is included in such an election proposal,
10.
the place where the election proposals are announced
11.
the location and the time of the vote,
12.
an indication of the possibility the written vote, if appropriate on the arrangement of the written vote in accordance with § 19,
13.
the location and the time of the counting of votes and the sitting of the Election board in which the election result is finally determined,
14.
the place where objections, election proposals, and other statements to the electoral board .
(3) The electoral authority shall issue a copy or a copy of the ballot letter from the date of the adoption until the end of the vote at one or more appropriate places accessible to the electorate. and to be preserved in a legible state.(4) Apparently, inaccuracies in the voter's letter may be corrected at any time by the electoral head.(5) With the adoption of the electoral letter, the election shall be initiated. Non-official table of contents

§ 7 Election Proposals, deadline for submission

(1) The election of the Staff Council may be selected by the persons entitled to vote and by the members of the the unions represented by the trade unions.(2) The election proposals shall be submitted to the electoral committee within eighteen calendar days of the date of the ballot letter. In the case of group selection, separate nominations shall be submitted for the individual groups. Unofficial Table Of Contents

§ 8 Content of Election Proposals

(1) Each nomination should contain at least twice as many candidates as
1.
for group selection group representatives,
2.
in case of joint election Staff Council members
to choose.(2) The names of the individual candidates shall be listed among themselves on the nomination and shall be accompanied by serial numbers. In addition to the surname, the first name, date of birth, official or functional title, group membership and, in so far as security needs do not prevent, the employment agency shall be indicated. In the case of a joint election, the nomination is to be combined with the candidates by group. The nomination may not contain any changes and, where appropriate, a new nomination shall be made and signed.(3) Any nomination of the employees must be in accordance with Article 19 (4), (5) and (6) of the law
1.
in the case of group election of at least one twentieth of the eligible group members, but at least three eligible group members,
2.
in the case of a joint election of at least one twentieth of the employees entitled to vote, but at least three persons entitled to vote,
3.
in the event of a joint election, if non-group Applicants shall be signed by at least one-tenth of the eligible members of the group for which they are proposed.
Fractions of a tenth or twentieth shall be rounded up to a full tenth or twentieth. In any case, in the case of group selection, the signatures of 50 eligible group members are sufficient, in the case of a joint election, the signatures of 50 persons entitled to vote. Where a trade union represented in the department makes an election proposal, it must be signed by two representatives working in the office who belong to one of the trade unions represented in the service. If the electoral board has doubts as to whether an assignment by a trade union represented in the office is actually available, it may require the union to confirm the contract; this is to be done in writing. The same applies to doubts as to whether a representative of a trade union represented in the department is a member of the union.(4) The election proposal of the employees is intended to show which employees are entitled to represent the proposal with regard to the electoral board and to receive statements and decisions of the electoral board (list representatives). If there is no indication of this, the signatory shall be deemed to have the right to be the first. In the cases referred to in the fourth sentence of paragraph 3, the trade union may appoint one of the persons responsible for the award of the trade union or another person employed in the employment service, who is a member of the union, as a list representative.(5) The election proposal shall be accompanied by a password. Unofficial table of contents

§ 9 Other requirements

(1) Each applicant can only vote on a nomination for the election of the Staff Council proposed.(2) The election proposal shall be accompanied by the written consent of the candidates listed in it for inclusion in the nomination; the consent cannot be revoked.(3) Each employee entitled to the right of proposal (Section 8 (3)) can legally only hand over his signature to the election of the Staff Council for an election proposal. Any trade union entitled to it may, through its agents, legally have only one nomination for each group to sign.(4) A combination of election proposals is inadmissible. Non-official table of contents

§ 10 Handling of the election proposals by the electoral council, invalid election proposals

(1) The electoral council notes on the election proposal Election proposals the date and time of receipt. In the case of paragraph 5, the date of receipt of the corrected electoral proposal shall also be noted.(2) Elections which are invalid, in particular because the candidates are not listed in a recognizable order, because they do not have the required number of signatures when they are submitted, because they are not submitted in due time , or because they contain changes (Section 8 (2) sentence 4), the electoral executive shall return immediately after receipt, giving the reasons. The withdrawal of signatures after the submission of the electoral proposal does not affect the validity of the nomials; paragraph 4 shall remain unaffected.(3) The Electoral Council shall require an applicant, who shall be nominated on a number of nominations, with his written consent, to declare within three working days on which nomination he wishes to remain nominated. If the applicant does not give this declaration in due time, it shall be deleted from all nominations.(4) The electoral council has to request a person entitled to a proposal (section 8 (3)), which has signed several nominations, in writing, against receipt of receipt, if necessary by registered letter, within three working days. since access to the invitation to explain which signature he is maintaining. If the employee does not give this declaration on time, his signature shall not count on any nomination. The same applies to election proposals of the trade unions, which are not in accordance with Section 9 (3) sentence 2.(5) Electoral proposals, which
1.
do not meet the requirements of § 8 (2) sentence 1 to 3 corresponding to
2.
without the written consent of the applicants,
3.
as a result of deletions in accordance with paragraph 4 no longer have the required number of signatures,
has the electoral authority against written acknowledgement of receipt, where necessary, by registered letter, to return the deficiencies within three working days from the point of access of the request. If the deficiencies are not remedied in time, these nominations shall be invalid. Non-official table of contents

§ 11 Grace period for the submission of election proposals

(1) After the expiry of the time limits pursuant to § 7 (2) and § 10 (5) 1 and 2 in the case of a group election not a valid nomination for each group, in the event of a common election no valid nomination, the electoral authority shall immediately give this nomination by means of the same posts in which the nomination is Ballot letter is suspended, known. At the same time, it calls for election proposals to be submitted within a grace period of six working days.(2) In the case of the group election, the electoral board shall point out in the notice that a group cannot elect representatives to the Staff Committee, even if no valid nomination is proposed within the grace period for them. In the event of a joint election, the electoral board shall draw attention to the fact that the Staff Council cannot be elected, even if no valid nomination is proposed within the period of grace.(3) If there are no valid election proposals within the grace period, the electoral code shall immediately announce
1.
for group selection, for which group or groups no representatives can be elected,
2.
common choice that this choice cannot take place.
unofficial table of contents

§ 12 Designation Of Election Proposals

(1) After expiration the time limits pursuant to § 7 (2), § 10 (5) and (11) (1), the electoral body shall determine the order of the election proposals on the ballot paper by the lot. If elections for personnel representatives of several stages take place at the same time, for election proposals with the same password for the elections at all levels, the decision to go to the top level is decisive. For election proposals that are not involved in the lottery decision at the top level, the following places will be drawn on the ballot paper. The list representatives (Section 8 (4)) are to be invited to the lottery decision in good time.(2) The electoral board shall designate the nominations for nominations with the family and first names of the candidates nominated in the nomination proposal in the first and second positions, in the case of a joint election with the family and first names of the candidates nominated for the groups in the first place Applicants. For election proposals that are provided with a password, the password is also to be specified. Non-official table of contents

§ 13 Announcement of Electoral proposals

(1) Immediately after the expiry of the time limits pursuant to § 7 (2), § 10 (5) and § 11 Abs. 1, but no later than five working days before the beginning of the vote, the electoral authority shall announce the nominations accepted as valid by means of a curtain up to the end of the ballot at the same posts as the ballot letter. The ballot papers are to be present at this time.(2) The names of the signatories of the nominations shall not be disclosed. A non-official table of contents

§ 14 Minutes of Session

The electoral board shall make a decision on each meeting in which it has taken a decision, A copy containing at least the text of the decision. It shall be signed by all the members of the electoral board. Non-official table of contents

§ 15 exercise of the right to vote, ballot papers, invalid votes

(1) Only who can vote in the voters ' register is entered.(2) The right to vote shall be exercised by issuing a ballot paper in an election envelope. In the case of group selection, the ballot papers must have the same size, colour, texture and inscription for each group, in the case of a common choice. The same applies to the election envelopes. If foreign employees belong to the office, sample ballots and a translation into the mother tongue of the employees in the polling station are to be suspended in a clearly visible place.(3) If according to the principles of proportional representation is to be chosen (Section 25 (1)), the vote may only be cast for the entire election proposal (proposal list). If according to the principles of the choice of persons to choose (§ 28 para. 1, § 30 para. 1), the vote shall be cast for the individual candidates to be elected.(4) Invalidity are ballots,
1.
which are not cast in an election envelope,
2.
that do not meet the requirements of paragraph 2, set 2,
3.
from which the voter's will not unquestionable,
4.
containing a special feature, an addition, or a caveat.
(5) Multiple included in an election envelope for an election Ballots, which are the same, are counted as one vote.(6) If the voter has committed a ballot, inadvertably made this or his envelope unusable, a new ballot and, if appropriate, a new envelope shall be sent to the voter upon request for the return of the unusable electoral documents. to be handed out. The electoral authority shall immediately destroy the documents returned in the presence of the elector. Non-official table of contents

§ 16 Electoral Act

(1) The electoral council shall take steps to ensure that the voter unrespects the ballot in the electoral area. and put it in the electoral envelope. Ballot boxes shall be used for the inclusion of envelopes. Before the vote begins, the ballot boxes are to be closed by the electoral head. They must be set up in such a way that the envelopes which have been inserted cannot be removed from the opening of the urn. If group election is held, the vote may be carried out separately by group, but separate ballot boxes shall be used in any case.(2) A voter who is impeded by physical infirmary in the vote shall determine a person of his confidence who he wishes to serve in the ballot box, and shall announce this to the electoral head. The assistance has to be limited to the fulfilment of the voter's wishes for the vote. The person of trust shall, together with the voter, visit the electoral cell to the extent that this is necessary for assistance. The confidence person is obliged to maintain the confidentiality of the knowledge gained in the assistance of the choice of another person. Election candidates, members of the electoral board and election advisors must not be used for assistance.(3) As long as the polling station is open for the vote, at least two members of the electoral board must be present in the polling room; if election workers are appointed (§ 1 para. 1), the presence of a member of the electoral board and of an election worker shall suffice.(4) Before the election fraud is thrown into the ballot box, it shall be established whether the voter is registered in the voters ' register. If this is the case, the voter hands over the envelope to the member of the electoral board entrusted with the receipt of the election envelopes, which places him unopened in the ballot box in the presence of the voter. The voter may also place the election envelope in the ballot itself if the member of the electoral board in charge of receiving the election envelopes permits it. The vote is to be noted in the voters ' register.(5) Where the electoral process is interrupted or if the election result is not established immediately after the vote has been completed, the electoral body shall close the ballot box in such a way as to prevent the entry into the ballot box or the issuing of the ballot box. Removal of ballot papers without damage to the closure is impossible. In the event of a re-opening of the election or the withdrawal of the ballot papers for the counting of votes, the electoral code has to convince itself that the closure is intact. Non-official table of contents

§ 17 Written Voting

(1) An eligible employee who is prevented from voting at the time of the election vote in person, the electoral presume has at its request
1.
Nominations,
2.
the ballot and the ballot box,
3.
a pre-printed, from the Voter's declaration in which he/she assures him/her of the ballot in person or, if required under the conditions of § 16 (2), by a person of his or her trust.
4.
a larger free-envelope, the address of the electoral board and the consignor, the name and address of the person entitled to vote, and the address of the person entitled to vote and the address of the person entitled to vote Note "Written vote" shall be sent or
to the person in. The electoral body shall also hand out or send to the voter a leaflet on the manner in which the vote (paragraph 2) is written in writing. Upon request, an imprint of the ballot letter shall also be handed out or sent. The head of the election has to record the handing over or send in the voters ' register.(2) The voter shall give his/her vote in such a way that he/she
1.
the ballot shall be unobserved in person
2.
sign the pre-printed statement specifying the location and date and
3.
the envelope in which the ballot paper is placed and the signed statement (paragraph 1, first sentence, no. 3) in the free envelope, and so in good time to the The voter may, before the end of the vote, be sent.
The voter may, to the extent necessary under the conditions of § 16 (2), the activities referred to in points 1 to 3 by a person of his or her own Let trust be done. Non-official table of contents

§ 18 Handling of the votes cast in writing

(1) Immediately before the ballot box is concluded, the electoral Board shall open in a public meeting, the free-envelopes received up to that date and the envelopes and the pre-printed statements (Article 17 (1) sentence 1 (3)). If the written vote is duly carried out (Section 17 (2)), the electoral body shall unopen the ballot box in the ballot box after endorsement of the ballot in the voters ' register.(2) Late incoming envelopes shall be sent to the electoral head with a note on the date of receipt unopened to the electoral documents. The envelopes shall be unopened one month after the announcement of the result of the vote if the election has not been contested. Non-official table of contents

§ 19 Voting of subdepartments and parts of services

For the employees of
1.
subordinated places of a service that do not comply with Section 6 (2) sentence 1-half sentence 2 of the law are self-employed, or
2.
subsidiary bodies or parts of a service which are physically far away from it and not as independent departments according to § 6 para. 3 of the law,
, the electoral authority may carry out the vote in these posts or order the written vote. If the written vote is ordered, the electoral officer has to send the persons entitled to vote the documents referred to in § 17 (1). Non-official table of contents

§ 20 Determination of the election result

(1) immediately after the election has been completed, the electoral Board shall publicly take the Count of the votes and establish the result.(2) After the ballot box has been opened, the ballot paper shall take the ballot papers from the ballot papers and examine their validity.(3) The electoral board counts
1.
in the case of proportional representation, which is on each proposal list,
2.
in the case of the person choice, the valid ballots that have been dropped on each individual applicant
.(4) ballot papers, on the validity or invalidity of which the electoral board decides, because they give rise to doubt, shall be provided with serial number and shall be kept separate from the other ballot papers in the election documents. Non-official table of contents

§ 21 Election code

(1) On the election result, the electoral authority shall produce a transcript from all Members of the electoral board must be signed. The transcript must contain
1.
for group selection the sum of the votes cast by each group, in the case of a common choice, the sum of all votes cast,
2.
in the group election, the sum of the valid votes cast by each group, the sum of the votes in the case of a joint election of all valid votes cast,
3.
the number of invalid votes cast for each group, the sum of all invalid votes cast in the case of a common election Voices,
4.
Reasons for the validity or invalidity of dubious voices
5.
in the case of proportional representation, the number of valid votes cast on each list of proposals, as well as the calculation of the maximum numbers and their distribution on the list of proposals, in the case of The number of valid votes cast on each candidate,
6.
the names of the candidates elected.
(2) Special events in the case of the candidate. The electoral process or the determination of the result of the election shall be noted in the minutes. Non-official table of contents

§ 22 Notification of candidates elected

The electoral board shall notify the elected members of the Board of Personnel without delay, in writing, against receipt of the receipt, if necessary by registered letter, of their choice. If, within three working days of receipt of the notification, a chosen person does not declare that he/she is opposed to the election, the election shall be deemed to have been accepted. Non-official table of contents

§ 23 Announcement of the results of the election

The electoral authority gives the result of the election and the names of the election results as Members of the Personnel Board elected candidates by a two-week notice at the places where the election letter has been made known. Non-official table of contents

§ 24 Retention of electoral documents

The voting documents (minutes, notices, ballot papers, free envelopes for the written vote, etc.) shall be kept by the Staff Committee at least until the next Personnel Council election is carried out.

Second Section
Special provisions for the election of several Members of staff members or group representatives

First subsection
Electoral procedures in the presence of multiple election proposals (proportional representation)

Non-official table of contents

§ 25 Conditions for proportional representation, ballot paper, voting ballot

(1) According to the principles of proportional representation (list choice) is to be selected if
1.
has multiple valid group choices for the group Election proposals,
2.
multiple valid election proposals
have been received. In such cases, any voter may cast his vote only for the entire nomination (proposal list).(2) On the ballot paper the list of proposals shall be in the order determined in accordance with § 12 (1), with the name of the surname, first name, official or functional title and group membership of the candidates nominated in the first and second positions, a common choice of candidates for the groups in the first place; for lists provided with a password, the password must also be specified.(3) The voter shall indicate on the ballot paper the list of proposals for which he wishes to cast his vote. Non-official table of contents

§ 26 Determination of the group representatives selected for group selection

(1) For group selection, the totals for the individual group members are determined. List of proposals of each group of dropped votes next to each other and the series by 1, 2, 3 etc. shared. A seat shall be allocated to the maximum number (maximum number) for as long as all the seats to which the group is to be allocated (§ 5) shall be allocated. If only one seat is still available at the same maximum numbers, or if only two seats are to be distributed at three equal maximum numbers, the lot shall be decided.(2) If a list of proposals contains fewer candidates than would be eligible for the maximum number of seats, the surplus seats shall be included in the other list of proposals in the order of the next maximum.(3) Within the list of proposals, the seats shall be distributed among the candidates in the order in which they are appointed (Section 8 (2)). Non-official table of contents

§ 27 Determination of the elected group representatives in the event of a joint election

(1) In the case of a joint election, the sums of the group representatives shall be determined on the The individual proposal lists are juxtaposed and the series is set by 1, 2, 3, etc. shared. The seats to be allocated to each group shall be separated, but shall be determined using the same subnumbers. Section 26 (1) sentences 2 and 3 shall apply accordingly.(2) If a list of proposals contains fewer candidates from a group than would be eligible for seats on the basis of the maximum number of seats, the remaining seats of that group shall fall within the same group on the other list of nominations in the order of the next maximum numbers.(3) Within the list of proposals, the seats allocated to the individual groups shall be distributed among the members of the relevant group in the order in which they are appointed.

Second sub-section /> Voting procedures in the event of an election proposal (choice of person)

Non-official table of contents

§ 28 Conditions for election of persons, Ballot, Voting

(1) To be selected according to the principles of choice of person, if
1.
is Group choice for the group concerned only a valid nomination,
2.
just a valid nomination
has been received. In these cases, any voter may choose only those candidates who are listed in the election proposal.(2) In the ballot papers, the candidates from the nomination shall be accepted in the same order with the name of the surname, first name, official or functional title and group membership. The voter shall indicate on the ballot paper the names of the candidates for whom he wishes to cast his vote. The voter may not cross names
1.
when the group is selected, than for the group representative
2.
Do not tick more names when you choose, as members of the Personnel Council to choose.
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§ 29 Determination of the candidates elected

(1) In the group election, the candidates are selected in the order of the highest number of votes that have been dropped on them.(2) In the event of a joint election, the seats to be allocated to each group shall be filled with the candidates of these groups in the order of the highest number of votes in each case, which shall be the highest.(3) If the number of votes is equal, the lot shall be decided by lot.

Third section
Special provisions for the election of a member of staff or a group representative (choice of persons)

name="BJNR023370974BJNE004501301 " />Non-official table of contents

§ 30 Conditions for choice of person, ballot, voting result

(1) According to the principles of choice of persons to select if
1.
is only one representative for group selection,
2.
at shared choice only one member of the staff member
to choose.(2) In the ballot papers, the candidates shall be taken over from the nominations in alphabetical order with the name of the surname, first name, official or functional title.(3) The voter shall indicate on the ballot paper the name of the nominee for whom he wishes to cast his vote.(4) The candidate who has received the most votes shall be chosen. If the number of votes is equal, the lot will be decided by lot.

Fourth Section
Choice of representatives of the non-permanent employees

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§ 31 Preparation and implementation of the election

(1) For the preparation and execution of the election of the representatives of the non-permanent employees, § § 1 to 30 in accordance with the deviation that the number of representatives of the non-permanent employees is based exclusively on Section 65 (1) of the Act, the representatives who are entitled to the groups are calculated exclusively according to the maximum payment procedure and that: the provisions relating to the protection of minorities (Article 17 (3) and (4) of the Law) are not applicable. At least one employee who is eligible to vote in accordance with section 14 of the law must be a member of the electoral management.(2) If a group is elected and a group does not receive a representative in the distribution of seats among the groups in accordance with the maximum payment procedure, any member of that group entitled to vote may, by means of a declaration to the electoral board of a group, be entitled to other group.

Second part
Election of the District Council

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§ 32 Corresponding application of the rules governing the election of the staff council

§ § 1 to 30 shall apply mutacadially for the election of the District Spersonal Council, unless otherwise stated in § § 33 to 41. Non-official table of contents

§ 33 Head of the election

(1) The District Electoral Board shall direct the election of the District Spersonal Council. The organisation of the election in the individual departments is carried out by the local electoral board and by the district electoral board.(2) The local electoral board shall announce the names of the members of the district electoral board and, where appropriate, of the substitute members and the official address of its chairman in the office by means of a curtain up to the end of the vote. Non-official table of contents

§ 34 Determination of the number of employees, the voters ' register

(1) The local electoral authority shall be responsible for the number of persons in the Services generally employed and their distribution to the groups, and immediately inform the District Electoral Council of these figures in writing.(2) The list of voters ' registers and the treatment of objections shall be the responsibility of the local electoral authorities. They shall immediately inform the District Electoral Committee in writing of the number of persons entitled to vote, separated by group membership. Within the groups, the proportions of the sexes are to be determined. Non-official table of contents

§ 35 Determination of the number of county sperm members to be elected, distribution of seats among the groups

(1) District electoral board determines the number of members of the district council to be elected and the distribution of seats among the groups.(2) If a divergent distribution of the members of the district spersonal council to the groups has not been decided and in the distribution of the seats in accordance with section 5 (2) to a group fewer seats are eliminated than it is at least according to § 53 (5) of the law at least the number of seats prescribed in Section 53 (5) of the Act shall be granted. Non-official table of contents

§ 36 Timely Election

The choice of district council should be at the same time as possible with the election of the staff councils in take place in the same district. Non-official table of contents

§ 37 Election Letter

(1) The district electoral authority shall issue the electoral letter.(2) The local electoral board shall announce the right to vote in the department at one or more appropriate places accessible to the electorate by means of a notice in a legible state until the ballot box has been completed.(3) The electoral letter must contain
1.
Place and day of its decree,
2.
the number of members of the District Council to be elected, separated by group,
2a.
the shares of the sexes within the business unit, separated by groups,
3.
whether or not the groups elect their representatives in separate ballots (group election) or before the vote of the elective vote has been adopted,
4.
Note that only employees in the voters ' register can choose
4a.
Note that the sexes should be represented in the district council according to the number ratio,
5.
the minimum number of persons entitled to vote, of which an election proposal must be signed, and the indication that each employee will be nominated only on a nomination
5a.
Note that the nomination of a union represented in the division of the authority of the middle school must be signed by two representatives (§ 5). 53 (3) in conjunction with Section 19 (9) of the Law),
6.
The request to submit nominations within eighteen calendar days after the date of the election of the Member of the District Electoral Council, the last day of the submission deadline must be stated,
7.
Note that only election proposals submitted in due time and that it is only possible to choose who is included in such an election proposal,
8.
the day or the days of the vote.
(4) The local The electoral officer shall supplement the election statement with the following information:
1.
the indication where and when the voter lists drawn up for the local service and those electoral regulations issued for inspection,
2.
Note that objections to the voters ' register are only , within six working days since its interpretation, can be submitted in writing to the local electoral Board, indicating the last day of the opposition period,
3.
Location where the nominations are announced
4.
the location and the time of the vote,
5.
an indication of the possibility of the written vote, if applicable to the arrangement of the written vote according to § 19,
6.
the location and the time of the vote count,
7.
the place where objections and other statements to the electoral council.
(5) The local electoral authority shall record the first and last day of the suspended term on the date of the election.(6) Open inaccuracies of the ballot letter may be corrected at any time by the District Electoral Council.(7) With the adoption of the electoral letter, the election shall be initiated. Non-official table of contents

§ 38 Notices of the District Electoral Board

According to § § 11 and 13, notices shall be made in the same way as the Issue letters to be issued in the services. Non-official table of contents

§ 39 minutes of meetings

(1) The district electoral board shall make a decision on each meeting in which it has taken a decision, a transcript. The minutes shall be signed by all the members of the district electoral board.(2) The minutes of the meetings in which decisions are taken on objections to the voters ' register shall be made by the local electoral authority. Non-official table of contents

§ 40 Voting, ballot paper

The election of the district staff council also takes place with the election of the staff councils, according to the same envelope can be used for the vote on both elections. Ballot papers of a different colour than for the election of the Staff Council shall be used for the election of the District Spersons Council. Non-official table of contents

§ 41 Determination and announcement of the election result

(1) The local electoral authority is counting on each of the individual List of proposals or, if a person's choice has taken place, the votes that have been dropped on the individual candidates. They shall produce a voting document in accordance with § 21.(2) The minutes shall be registered or sent by telex immediately after the election result has been established by the District Electoral Council. The documents for the election of the district council (§ 24), which have been produced by the office, are kept together with a copy of the minutes by the staff council.(3) The District Electoral Board shall immediately count the votes on each proposal list or, if the election of a person has taken place, the votes that have been dropped on each candidate and shall determine the outcome of the election.(4) As soon as the names of the candidates elected as members of the District Spersons Council are established, the District Election Board shall inform the local electoral boards. The local electoral boards announce them through a two-week hang-out in the same way as the Election Letter.

Third part
Election of the Main Personality Council

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§ 42 Application of the Rules on the Election of the District Spersonal Council

For the election of the main staff council § § 32 to 41 shall apply accordingly, insofar as nothing else arises from § § 43 and 44. Non-official table of contents

§ 43 Head of the election

The main election board is responsible for the election of the main staff council. Non-official table of contents

§ 44 Implementation of the election by county

(1) The main electoral authority may be the one existing with the authorities of the middle level. or appoint local electoral members appointed on his/her request,
1.
the local election management The selection of the number of persons employed and their distribution to the groups, to be determined in the area of the agency of the middle level,
2.
Number of persons employed in the office of the middle school, separated by group membership and within groups according to the proportions of the sexes,
3.
compiling the election results found in the departments of the department of the middle level,
4.
Announcements of the main electoral board to the other local electoral board in the area of the agency of the middle level.
The electoral board of the authorities of the In such cases, the intermediate level shall inform the other local electoral authorities in the area of the authority of the intermediate level that the information referred to in points 1 to 3 is to be sent to them.(2) The electoral authorities of the authorities of the intermediate level shall produce a transcript of the election results (paragraph 1, first sentence, no. 3) by compiling the results of the election.(3) The electoral authority of the authorities of the central stage shall immediately send the main electoral authority written or by telex the constellations referred to in the first sentence of the first sentence of paragraph 1, 2 and the minutes relating to the compilation of the Election results (paragraph 2).

Vated part
Total personnel choice

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§ 45 Corresponding application of the rules governing the election of the Staff Council.

For the election of the General Personnel Council, § § 32 to 41 apply accordingly.

Fifth Part
Election of the Staff Regulations Youth and trainee representatives

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§ 46 Preparation and implementation of the choice of youth and

(1) For the preparation and implementation of the election of the youth and trainee representatives, the provisions of Sections 1 to 3, 6 to 25, 28, 30 and § 31 (1) sentence 2 shall apply, in accordance with the deviation that the number of persons to be elected shall be selected. Representatives of young people and trainees exclusively from § 59 (1) of the Act, and that the rules governing the choice of groups (Section 19 (2) of the Act), the protection of minorities (Article 17 (3) and (4) of the Act) and the summary of the Applicants in the election proposals by groups (§ 8 para. 2 sentence 3) do not apply.(2) If several representatives of the youth and trainees are to be elected and the election has been carried out on the basis of a number of lists of proposals, the sums of votes cast on the individual lists shall be juxtaposed and the series shall be allocated to: after 1, 2, 3, etc. shared. A seat is allocated to the highest number (maximum number) until all the seats (section 59 (1) of the law) are distributed. Article 26 (1), third sentence, (2) and (3) shall apply.(3) If several representatives of the youth and trainee are to be elected and the election has been carried out on the basis of an election proposal, the candidates shall be elected in the order of the highest number of votes to which they have been elected; Voting equality decides the lot. Non-official table of contents

§ 47 Election of youth and trainees ' representative offices

(1) For the choice of youth and youth In accordance with § 64 (1) of the Law (district youth and trainee representation, main youth and trainee representation), § § 33 to 41, 43, 44 and 46 apply accordingly. For employees in subordinated departments with generally fewer than five employees mentioned in § 57 of the Act, the district or main electoral council implements the election of the youth and trainees ' representative offices in the , shall not appoint any electoral authority; the district or main electoral authority may order the written vote. In this case, the district or main electoral council has to transmit the documents referred to in § 17 (1) to the persons entitled to vote in § 57 of the law.(2) For the election of the overall youth and trainee representation pursuant to Section 64 (2) of the Act, paragraph 1 and § 46 apply accordingly.

Sixth part
Special administration branches

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§ 48 Confidence Man in the Federal Police

(1) Is a secret ballot with ballot papers to be made (Section 85 (2) No. 3 sentence 4) of the law), the following procedure is to be followed as follows:
The electoral council distributes undescribed ballot papers of the same colour and size. Each voter writes the name of a candidate on his ballot, folds the ballot so that the name is hidden, and passes it to the electoral presume. In the presence of the voter, the ballot paper unopened the ballot in a container intended for this purpose and holds the name of the voter in a list. The electoral body shall take steps to ensure that voters are able to describe their ballot in an unrespected manner. If the Electoral Council has determined that the electoral process has ended, it shall, without delay and without interruption, publicly count the votes and shall establish the result.(2) The candidate who has received the most votes is elected to the confidence man. The candidate with the second highest number of votes shall be the first substitute, who shall be elected as the second substitute by the third highest number of votes. If the number of votes is equal, the lot will be decided. Non-official table of contents

§ 49 Personnel representations in the Federal Intelligence Service

The Federal Intelligence Service (Bundesnachrichtendienst) shall apply this election order with the following Deviations:
1.
When you create the electoral documents, the security regulations of the Federal Intelligence Service to be observed. The notice published in the Federal Intelligence Service shall replace the notice by means of a notice. Notices must be accessible to the employees for the duration of periods specified in each of the rules for inspection during hours of service.
2.
§ 2 para. 3 is to be applied with the proviso that the employees are only allowed to consult the voters ' register of their group.
3.
According to Article 17, Section 1, sentence 3, if an imprint of the ballot letter is handed out or sent, it shall not contain the information in accordance with § 6, para. 2, no. 2 and 7.
4.
The employees of parts of a service that are physically located away from it give their voice in writing.
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§ 49a

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§ 50 election of a Employee representation in Germany by employees in federal services abroad

(1) The main or district electoral board can be used for the election of the level representation by employees in the Federal Government's services abroad. Order voting. The same applies to the election of an overall staff council.(2) § § 32 to 41 shall apply to the election of the staff council of the Federal Foreign Office by the employees referred to in § 91 (1) No. 3 sentence 1 of the Act. The voting head may order the written vote for the election by the employees referred to in the first sentence.(3) If the written vote is ordered in accordance with paragraphs 1 or 2, the electoral officer has to send the persons entitled to vote the documents referred to in § 17 (1). Non-official table of contents

§ 51 trust of local forces
(§ 91 para. 2 of the law)

(1) The staff council shall order no later than three weeks before the end of the term of office of the local forces ' confidence, three local forces act as the electoral board and designate one of them as chairperson. If the Board of Human Resources has not appointed the electoral board within the stipulated period, or if there is no staff council in the department, the head of the department shall appoint the electoral board. If local forces are not available or are not available in sufficient numbers to take over the electoral office, employees entitled to vote may be appointed.(2) The electoral council has to convene an assembly of local forces without delay. The election of the man of trust and his deputy shall be carried out in this Assembly.(3) If a secret ballot is to be made with ballot papers (Section 91 (2) sentence 2 of the Law), the following procedure shall be followed as follows:
The electoral council distributes undescribed ballot papers of the same colour and size. Each voter writes the name of a candidate on his ballot, folds the ballot so that the name is hidden, and passes it to the electoral presume. In the presence of the voter, the ballot paper unopened the ballot in a container intended for this purpose and holds the name of the voter in a list. The electoral body shall take steps to ensure that voters are able to describe their ballot in an unrespected manner. If the Electoral Council has determined that the electoral process has ended, it shall, without delay and without interruption, publicly count the votes and shall establish the result.(4) The candidate who has received the most votes is elected to the vote of confidence. The candidate with the second highest number of votes shall be the first substitute, who shall be elected as the second substitute by the third highest number of votes. If the number of votes is the same, the lot is decided.

Seventh Part
Final Provisions

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§ 52 Calculation of time limits

For the purposes of calculating the time limits laid down in this Regulation, § § 186 to 193 of the Civil Code shall apply mutatily. Working days within the meaning of this electoral system are the days of the week Monday to Friday, with the exception of the public holidays. Non-official table of contents

§ 53 Transitional rules

For elections, the election Board is to be held at the latest before the 1. The election regulations to the Federal Personalization Act (Bundespersonalrepresentation Act) in the up to 30 October 2005 have been ordered. The European Parliament and the Council. Non-official table of contents

§ 54 (Entry into force)

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