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Cooperation Act of the German Armed Forces

Original Language Title: Kooperationsgesetz der Bundeswehr

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Cooperation Act of the German Armed Forces (BwKoopG)

Unofficial table of contents

BwKoopG

Date of completion: 30.07.2004

Full quote:

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

Footnote

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

The G was referred to 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. Unofficial table of contents

§ 1 Scope

This law applies to civil servants, civil servants, soldiers, employees, workers and workers of the Division of the Federal Ministry of Defence, as long as and as long as they maintain their employment or employment relationship. to the Federal Government was assigned an activity in an economic enterprise with which the Bundeswehr had entered into a cooperation. Unofficial table of contents

§ 2 Active Election Law on the Personnel Council

Civil servants, civil servants, employees, workers and workers remain eligible to vote on the staff council of their department. Unofficial table of contents

§ 3 Passive Electoral Right to the Staff Council

For the eligibility of the staff council of the department, § 14 of the Federal Personnel Representation Act applies. 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

Section 4 Special provisions for soldiers

(1) Soldatas and soldiers belong to a service in which they are based in accordance with § § 48ff. The Soldatenbeteiligungsgesetz (Soldatenbeteiligungsgesetz) elects a Personnel Council, applies to their right to vote and to stand as a candidate in § § 2 and 3. (2) Soldiers belong to an electoral area for the election of a person of trust within the meaning of § 2 (1) of the German Act on the Election of the German Federal Minister for Human Rights. In the case of the election of a person of trust, they shall remain entitled to vote in the election of a person of their choice during their membership of a cooperation establishment, but they shall not be eligible as a person of trust. Unofficial table of contents

§ 5 severely disabled persons

(1) The activity in a cooperation operation shall be without prejudice to the legal status of severely disabled persons in the application of Part 2 of the Ninth Book of Social Code in the Division of the Federal Ministry of Defence. (2) Severely disabled persons are considered to be employees for the application of the provisions concerning the representation of the severely disabled persons in cooperation with the disabled. Unofficial table of contents

§ 6 Validate 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, for the application of the Works Constitution Act and the Speaker's Committee Act as Employees of the cooperation establishment and are entitled to vote as such actively and passively. (2) As senior employees within the meaning of Section 5 (3) of the Works Constitution Act, the functionally comparable female officials also apply. Civil servants, soldiers. (3) As far as the cooperation operation obligations, the According to the rules on the representation of employees on the Supervisory Board, according to the Works Constitution Act and the Speaker's Committee Act, as well as the regulations on the representation of the severely disabled, it is therefore not , since it is not a service provider and an employer of the persons referred to in § 1, these obligations shall be met by their respective service offices. Unofficial table of contents

§ 7 Transitional Mandate

(1) The staff council of the responsible office shall carry out the duties of an works council in accordance with the German Works Constitution Act, in so far as the conditions set out in § 1 (1) sentence 1 of the German Works Constitution Act are fulfilled and in so far as they are in force. the cooperation operation does not already consist of a works council (transitional mandate). Within the framework of its transitional mandate, the Staff Council has in particular the task of immediately ordering the electoral board to initiate the election of the works council. (2) If members of several departments are assigned to a cooperation operation, the Board of Human Resources is responsible for (3) The transitional mandate shall end as soon as a works council is elected in cooperation operation and the election result is known. , but at the latest after 12 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 must immediately appoint an electoral board for the election of the representation of young people and trainees. (5) Paragraphs 1 Up to 3 shall apply mutagenly to the severely disabled persons. Unofficial table of contents

§ 8 Continuation of service agreements

The service agreements in force in the departments at the time of the allocation shall continue to apply in the cooperation operation for a maximum of 12 months as operating arrangements, insofar as they are not replaced by other arrangements. Unofficial table of contents

§ 9 Procedure

The allocation to the administrative courts of the administrative courts shall be subject to a formal participation procedure in the area of the service, proceedings before the office of the Federal Ministry of Defence or the decision-making procedure before the administrative courts. from employees to a cooperation operation without any influence.