Cooperation Act Of The Bundeswehr

Original Language Title: Kooperationsgesetz der Bundeswehr

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Bundeswehr Cooperation Act (BwKoopG)

Non-official table of contents


Date of delivery: 30.07.2004

Full quote:

" Cooperation Act of the Bundeswehr of 30. July 2004 (BGBl. I p. 2027) "


(+ + + Text evidence from: 6. 8.2004 + + +)

The G was defined as Article 1 d. G v. 30.7.2004 I 2027 approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 4 of this Act entered into force on 6 August 2004. Non-official table of contents

§ 1 Scope

This law applies to civil servants, civil servants, soldiers, employees, workers, and workers. Employees of the Division of the Federal Ministry of Defence, insofar as and as long as they have been assigned an activity in an economic enterprise with which the German Armed Forces (Bundeswehr) are assigned, while maintaining their employment or employment relationship with the Federal Government. A cooperation has been received. Non-official table of contents

§ 2 Active electoral law on the staff council

Officials, civil servants, employees, workers stay on the staff council their duty of office. Non-official table of contents

§ 3 Passive election right to the staff council

For eligibility to the staff council of the office, § 14 of the Federal Personalization Act. Employment within the meaning of Section 14 (1) sentence 1 No. 2 of the Federal Personalization Act also applies to employment in a cooperation operation. Unofficial Table Of Contents

§ 4 Special provisions for soldiers

(1) Soldiers from a department in which they belong to the office in accordance with § § 48ff. The Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) elects a Personnel Council. § § 2 and 3 apply to their right to vote and to stand for election.(2) Soldiers belonging to an electoral area for the election of a person of trust within the meaning of Article 2 (1) of the Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) shall remain in cooperation with the election of a person of trust during their membership of the Soldiers ' Association in their electoral area, however, they are not eligible for election as a confidant. Non-official table of contents

§ 5 Disabled people

(1) The activity in a cooperation operation leaves the legal status of Severely disabled persons in the application of Part 2 of the Ninth Book Social Code in the Business Unit of the Federal Ministry of Defence is unaffected.(2) Disabled persons shall be considered as employees for the application of the provisions relating to the representation of severely disabled persons in cooperation with the disabled. Non-official table of contents

§ 6 Application of labour law provisions

(1) The persons referred to in § 1 shall apply to the application of the provisions on the representation of employees on the Supervisory Board, on the application of the Works Constitution Act and the Speaker's Committee Act as employees of the cooperation establishment and are active as such and passively entitled to vote.(2) As senior employees within the meaning of Section 5 (3) of the Works Constitution Act, the functionally comparable civil servants, civil servants, soldiers and soldiers also apply.(3) As far as the cooperation operation obligations which it has obligations under the provisions concerning the representation of employees on the Supervisory Board, under the Works Constitution Act and the Speaker's Committee Act as well as the regulations on the If it is not responsible for the disabled person's representation, because he is not a servant and employer of the persons mentioned in § 1, these obligations shall be met by their respective service. Non-official table of contents

§ 7 Transitional Mandate

(1) The personnel board of the responsible department takes the tasks of a Works council according to the German Works Constitution Act, in so far as the conditions of § 1 (1) sentence 1 of the German Works Constitution Act are fulfilled and in the cooperation establishment there is not already an works council (transitional mandate). Within the framework of its interim mandate, the Human Resources Council shall in particular have the task of immediately ordering the electoral board to initiate the election of the works council.(2) Where nationals of a number of departments are assigned to a cooperation operation, the staff council shall carry out the transitional mandate from which the majority of the eligible persons entitled to vote come from the transitional mandate.(3) The transitional mandate shall end as soon as a works council has been elected in the cooperation operation and the result of the election has been announced, but at the latest after twelve months.(4) Paragraphs 1 to 3 shall apply accordingly to the representation of young people and trainees, with the proviso that the staff council holding the transitional mandate shall immediately appoint an electoral board for the election of the youth and trainee representation .(5) Paragraphs 1 to 3 shall apply mutagenly to the representatives of the severely disabled persons. Non-official table of contents

§ 8 Continuation of service agreements

The services in the departments at the time of the assignment Service agreements shall continue to be considered as operating arrangements for a maximum period of 12 months in cooperation, unless they are replaced by other arrangements. Non-official table of contents

§ 9 Pending procedures

A formally initiated participation procedure in the area of the service, proceedings before the The Federal Ministry of Defence or the decision-making procedure before the administrative courts of the Federal Ministry of Defence remains the assignment of employees to a cooperation operation without any influence.