Law On Third-Participation On The Supervisory Board

Original Language Title: Law on third participation on the Supervisory Board

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Act on the third participation of employees in the supervisory board (DrittelbG - DrittelbG) DrittelbG copy date: 18.05.2004 full quote: "one-third participation Act of 18 May 2004 (Federal Law Gazette I p. 974th), last amended by article 8 of the law of 24 April 2015 (has been changed I, p 642)" status:... as last amended by article 8 G v 04.24.2015 I 642 for details on the status of information you can find in the menu under instructions footnote (+++ text detection from) "" : 1.7.2004 +++) the G G v. 18.5.2004 I 974 (WahlVereinfG 2) by the Bundestag what d as article 1. decided. It occurs gem.. Article 6 para 2 sentence 1 with the exception of article 13 on 1.7.2004 into force. § 13 gem occurs. Article 6 para. 1 of this G on 28.5.2004 in force. Part 1 scope § 1 acquired businesses (1) the employees have a say in the Supervisory Board pursuant to this Act in 1. a corporation generally with more than 500 workers. A right of participation in the supervisory board is in a corporation generally with fewer than 500 employees, which has been registered before 10 August 1994 and no family society. .. Such as a family-owned companies joint-stock companies whose shareholder is to individual natural person or their shareholders among themselves within the meaning of § 15 para 1 No. 2 to 8, section 2 of the tax code are related or are related by marriage. 2. a partnership limited by shares with usually more than 500 workers. No. 1, sentence 2 and 3 shall apply mutatis mutandis; 3. a limited liability company with typically more than 500 workers. The company shall establish a supervisory board; as its rights and obligations are governed by § well its composition as 90 para. 3, 4, 5, sentence 1 and 2, pursuant to §§ 95-114, 116, 118, para. 3, § 125. 3 and 4 and in accordance with sections 170, 171, 268 paragraph 2 of the companies act. 4. a mutual insurance company with typically more than 500 workers, if there is a supervisory board; 5. a cooperative with usually more than 500 workers. Article 96 paragraph 4 and paragraphs 97 to 99 of the companies act shall apply mutatis mutandis. The articles of association may prescribe only a number divisible by three members of the Supervisory Board. The Supervisory Board must helped hold two meetings per calendar year. (2) this Act shall not apply to: 1. the article 1, section 1 of the co determination Act, the undertakings referred to in article 1 of the European coal and steel co-determination Act and in sections 1 and 3, section 1 of the European coal and steel co-determination Amendment Act...; 2. companies that) used for reporting or expression to which article 5 para. 1 sentence 2 of the basic law is to be applied directly and essentially a) political coalition political, religious, charitable, educational, scientific or artistic b serve. This law does not apply to religious communities and their charitable and educational institutions, without prejudice to their legal form. (3) the provisions of the cooperative societies act on the composition of the Supervisory Board and on the election and dismissal of supervisory board members are not so far as they contradict the provisions of this Act. § 2 Group (1) at the election of supervisory board members representing the employees of the controlling company of a group (§ 18 para. 1 of the German Stock Corporation Act) so take part in the employees of other group companies. (2) where, pursuant to § 1 depends the involvement of employees in the supervisory board of the controlling company of the presence or the number of workers who are employees of a group company shall be deemed those of the controlling company, if there is a domination agreement between the company or dependent companies in the controlling company is incorporated. § 3 employees, operating (1) worker within the meaning of this Act are in § 5 para. 1 of the works Constitution Act persons other than as described in § 5 para. 3 of the works Constitution Act designated officers. (2) holdings for the purposes of this Act are those of the works Constitution Act. § 4 para. 2 of the works Constitution Act shall apply. (3) all the vessels of a company shall, for the purposes of this act as to operation. Ships within the meaning of this Act are merchant vessels flying the German flag after flag law. Vessels who return usually within 48 hours after the expiry of the seat of a land operation, are considered part of this land operation. Part 2 Supervisory Board sec. 4 composition (1) the supervisory board of a designated in § 1 para. 1 company got third employee representatives consist of one. (2) if of on employee representative or to choose two supervisory board members of the employees, so they have to be engaged as employee in the company. If more than two supervisory board members of workers to choose, so have to be engaged as employee in the company at least two supervisory board members. (3) the Supervisory Board members representing the employees, the employees of the company are 18 years of age must have completed and one year the companies belong. On the one-year corporate affiliation periods of affiliation are to another company whose workers participate under this Act on the election of supervisory board members of the company, credited. These times got be immediately prior to the date on which the employees are eligible for election to the Supervisory Board of the company. The other eligibility requirements of § 8 para. 1 of the works Constitution Act must be met. (4) among the members representing the employees men and women should be represented according to their proportion in the company. § 5 election of the Supervisory Board members representing employees (1) the Supervisory Board members representing employees are elected according to the principle of majority voting in general, secret, time equal and direct suffrage for the determined by the law or in the articles of Association for the to be elected by the annual general meeting Supervisory Board members is. (2) are entitled to vote, the workers of the company who have reached the age of 18 years. section 7 sentence 2 of the works Constitution Act shall apply accordingly. § 6 audit the election is due to nomination of works councils and the employees. The nomination of workers must be signed by at least one-tenth of the electorate or of at least 100 electors. § 7 substitute members (1) proposal can be election in each proposed along with any candidates for this, a substitute member of the Supervisory Board. On the applicant can not be at the same time proposed as a substitute member. (2) if the proposed together with him deputy member is well as to applicant is selected as a board member, as elected. § 8 notice of supervisory board members the authorized to legally represent the company's institution has to make the names of the members and the substitute members of the Supervisory Board immediately after their appointment at the premises of the company known and published in the Federal Gazette. Take part in the election of supervisory board members of the company's part, the employees of another company, so next to the authorized legal representative of the other entity for organ is obliged to notice at its premises. Article 9 protection of supervisory board members against discrimination Supervisory Board's employee may be in the performance of their duties is not disturbed or hampered. They may not be discriminated against or favored because of their service on the Board. This so applies to their professional development. § 10 election protection and election costs (1) No person shall obstructed the election of supervisory board members representing the employees. In particular, no one may be restricted in the exercise of active and passive suffrage. (2) No. one may influence the elections by infliction or threat of harm or of the giving or promise of benefits. (3) the cost of the election, the corporation contributes. Failure of labor-time necessary for the exercise of voting rights or the operation of the election committee, not entitled to a reduction of wages. § 11 contesting the election of supervisory board members representing the employees (1) the election of a supervisory board member or a substitute member of the employee may be challenged before the Labour Court, were if infringed essential provisions relating to the right to vote, eligibility for election or the election procedure and adjustment has not been made, it unless the election results could not be changed or influenced by the infringement. (2) is entitled to avoid are: 1. at least three eligible voters, 2. the works, 3. the officer legally representing the company organ. The challenge is only within a period of two weeks from the date of publication in the Federal Gazette on permitted. § 12 dismissal of members representing the employees (1) on employee representative may be removed from at least one fifth of the represents a decision before the expiry of the term of office at the request of a works council or. The decision of the electorate shall be taken by secret, equal and direct vote in general; It requires a majority of three quarters of votes cast. In the decision, article 2 para. 1 application. (2) paragraph 1 shall apply mutatis mutandis to the dismissal of substitute members. Part 3 transitional and final provisions article 13 authorization to issue ordinances the Federal Government is authorized to issue by regulation provisions governing the procedure for the election and removal of supervisory board members representing the employees, in particular over 1 preparing the election, in particular the establishment of the voter lists and the calculation of the number of supervisory board members of the employees; 2. the deadline for inspection of the electoral lists and the collection of objections to it; 3. the audit and the deadline for their submission; 4. the electoral contest and the deadline for its publication; 5. participation of workers in a section 3 para 3 designated operation in the election. 6 common; 7. the determination of the election results and the deadlines for its publication; 8 contesting the election; 9 storage of election documents. § 14 references references in other laws on regulations that are repealed by article 6 para. 2 of the second act to simplify the election of employee representatives to the Supervisory Board, please contact the relevant provisions of this Act in their place.