Cooperation Act Of The Bundeswehr

Original Language Title: Kooperationsgesetz der Bundeswehr

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Cooperation law of the Bundeswehr (BwKoopG) BwKoopG Ausfertigung date: 30.07.2004 full quotation: "cooperation law of the Bundeswehr by July 30, 2004 (Federal Law Gazette I p. 2027)" footnote (+++ text detection from: 6. 8.2004 +++) the G as article 1 d. G v. 30.7.2004 I 2027 by the German Bundestag, with the consent of the Federal Council decided. It entered into force article 4 of this G on the 6.8.2004 according.

§ 1 scope this law applies to civil servants, civil servants, servicemen, women, employees, workers and workers of Division of the Ministry of defence, as far and as long as an activity in a business has been assigned while retaining their service or employment relationship to the Federal Government, with which the Bundeswehr is entered into cooperation.

§ 2 officers, officials, employees, workers, and workers remain active right to vote to the staff Council to the staff Council of her Department vote.

Article 3 passive right to vote to the staff Council for the eligibility to the personnel Board of the service is considered section 14 of the Federal staff representation Act. Employment within the meaning of § 14 para 1 sentence 1 No. 2 of the Federal staff representation Act deemed to be employment in a cooperation mode.

Section 4 special provisions for servicemen and women (1) belonging to servicemen and women of a Department work on the after the articles 48ff. the soldier participation Act choose a staff Council, paragraphs 2 and 3 (2) shall apply for their active and passive right to vote include soldiers and soldiers to soldier participation law, during their affiliation with a cooperation company in choosing a reliable person for their electives remain entitled to vote, are not eligible but as a person of trust a choice area for the choice of a reliable person in the sense of § 2 para 1.

§ 5 severely disabled persons (1) the activity in a cooperation can be the legal status of disabled people in the application of part 2 of the ninth book social law Division of the Ministry of defence untouched.
(2) severely disabled persons are considered employees for the application of the legislation of the severely disabled representation in the cooperation mode.

§ 6 applicability of labour law provisions (1) the persons referred to in paragraph 1 shall apply to the application of the rules on the representation of workers and employees in the Supervisory Board, for the application of the works Constitution Act and the speakers Committee Act as workers and workers of cooperation operation and as such are actively and passively to vote.
(2) senior employees within the meaning of article 5 par. 3 of the works Constitution Act are also functionally comparable civil servants, officials, soldiers, and soldiers.
(3) as far as cooperation operation can therefore not meet obligations that are incumbent on him under the rules on the representation of workers and employees in the Supervisory Board, according to the works Constitution Act and the speakers Committee Act and the rules governing the severely disabled representation, because he is not employer and employers of the persons referred to in paragraph 1, these obligations to meet their respective services.

§ 7 transition mandate (1) taking personnel Council of the allocated services in cooperation mode the tasks of a Works Council pursuant to the act right, insofar as the provisions of § 1 para 1 sentence 1 of the works Constitution Act and in cooperation operation does not already exist a Works Council (transition mandate). The staff Council has in particular the task of immediately ordered the Electoral Board to initiate the Works Council election under his transitional mandate.
(2) be members of multiple services assigned to a cooperation company, those staff Council perceives the transition mandate, most of the allocated electors come from having jurisdiction.
(3) the transitional mandate ends as soon as has been in the cooperation mode, a Works Council elected and announced the election results no later than after twelve months.
(4) paragraphs 1 to 3 shall apply mutatis mutandis with the proviso that the staff Council have held the transition mandate has to order an Election Committee for the election of the youth and trainee representative immediately for the youth and trainee representative.
(5) paragraphs 1 to 3 shall apply mutatis mutandis for the heavy representations of disabled people.

§ 8 service agreements applicable in the departments at the time of the assignment considered continuing applicability of service agreements in cooperation operation for no longer than twelve months operating agreements continue, insofar as they are not replaced by other arrangements.

Article 9 pending cases on formally initiated participation in the area of services, procedure before the conciliation at the Ministry of defence or staff legal decision-making procedure before the administrative courts remains the allocation of workers on a cooperation operation without influence.