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Law on third participation on the Supervisory Board

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

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Law on the Third Party Participation of Employees in the Supervisory Board (Third Participation Act-Third Party Act)

Unofficial table of contents

Third-party

Date of completion: 18.05.2004

Full quote:

" Third-party Participation Act of 18 May 2004 (BGBl. I p. 974), most recently by Article 8 of the Law of 24 April 2015 (BGBl I). 642).

Status: Last amended by Art. 8 G v. 24.4.2015 I 642

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.2004 + + +) 

The G was referred to as Art. 1 d. G v. 18.5.2004 I 974 (electoral association fG 2) approved by the Bundestag. It occurs gem. Article 6 (2), first sentence, with the exception of § 13, shall enter into force on 1 July 2004; § 13 shall enter into force in accordance with Article 13 Art. 6 (1) of this G in force on 28 May 2004.

Part 1
Scope

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§ 1 Ersumming Companies

(1) The employees shall have a right of participation in the Supervisory Board in accordance with the provisions of this Act in
1.
a public limited company with a generally more than 500 employees. A right of co-determination in the Supervisory Board also exists in a public limited company with generally fewer than 500 employees, which was registered before 10 August 1994 and is not a family company. The family-owned companies are those limited companies whose shareholders are a single natural person or whose shareholders are related to one another within the meaning of Article 15 (1) (2) to (8), (2) of the Tax Code or are not insured;
2.
a limited partnership on shares with generally more than 500 employees. The second sentence of paragraph 1 and the third sentence shall apply accordingly;
3.
a company with limited liability, usually more than 500 employees. The Company has to form a Supervisory Board; its composition as well as its rights and obligations are determined in accordance with § 90 (3), 4, 5 sentence 1 and 2, in accordance with § § 95 to 114, 116, 118 (3), § 125 (3) and (4) and § § 170, 171, 268 (2). of the Stock Corporation Act;
4.
a mutual insurance association with generally more than 500 employees, where there is a supervisory board;
5.
a cooperative with as a rule more than 500 employees. § 96 (4) and § § 97 to 99 of the German Stock Corporation Act are to be applied accordingly. The articles of association can only be set by a number of members of the Supervisory Board. The Supervisory Board must hold two meetings in the calendar half-year.
(2) This Act shall not apply to:
1.
the companies referred to in Article 1 (1) of the Codetermination Act, which are listed in § 1 of the Act on Codetermination of Montanus and the companies referred to in § § 1 and 3 (1) of the Act on Codetermination of the Montang Act;
2.
Companies that directly and predominantly
a)
political, coali-political, confessional, charitable, educational, scientific or artistic regulations, or
b)
for the purposes of reporting or expression, to which Article 5 (1), second sentence, of the Basic Law is to be applied;
are used.
This law is not applicable to religious communities and their charitable and educational institutions, without prejudice to their legal form. (3) The provisions of the Cooperative Act on the composition of the Supervisory Board and on the The election and the convening of Supervisory Board members shall not apply in so far as they are contrary to the provisions of this Act. Unofficial table of contents

§ 2 Group

(1) The employees of the other Group companies also participate in the election of the members of the Supervisory Board of the employees of the ruling company of a group (Section 18 (1) of the German Stock Corporation Act). (2) Insofar as the participation of the employees of the Group's employees is Employees on the Supervisory Board of a dominant undertaking are dependent on the existence or number of employees, the employees of a group company shall be deemed to be those of the dominant undertaking when a company is established between the undertakings The dominant undertaking or the dependent company is incorporated. Unofficial table of contents

§ 3 Employees, operation

(1) Employees within the meaning of this Act are the persons referred to in Article 5 (1) of the German Works Constitution Act, with the exception of the senior employees referred to in Section 5 (3) of the Operating Constitution Act. (2) Holes within the meaning of this Act Law are those of the Works Constitution Act. § 4 (2) of the Works Constitution Act shall apply. (3) The totality of the ships of a company shall be deemed to be a holding for the application of this Act. Ships within the meaning of this Act are carriers which, under the law of the flag law, carry the flag of the Federal Republic of Germany. Ships normally returning to the headquarters of a farm within 48 hours of leaving the country shall be considered to be part of this land operation.

Part 2
Supervisory Board

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§ 4 Composition

(1) The supervisory board of a company referred to in § 1 para. 1 must consist of one third of employee representatives. (2) If a member of the supervisory board is a member of the employee or if two members of the supervisory board are to be elected, then the supervisory board must be elected. be employed as an employee in the company. If more than two members of the Supervisory Board are to be elected, at least two members of the Supervisory Board must be employed as employees in the enterprise. (3) The members of the Supervisory Board of the employees, the employees of the company , the 18. They have completed a year and belong to the company for one year. The one-year company is credited with a period of nationality to another company whose employees participate in the election of Supervisory Board members of the company under this Act. These periods must be immediately prior to the date on which the employees are entitled to elect Supervisory Board members of the Company. The further eligibility requirements of Section 8 (1) of the German Works Constitution Act must be fulfilled. (4) The members of the Supervisory Board of the employees shall be women and men in accordance with their numerical relationship in the company. to be represented. Unofficial table of contents

§ 5 Election of Supervisory Board members of employees

(1) The members of the Supervisory Board of the employees shall be elected in accordance with the principles of majority voting in general, secret, equal and direct elections for the period of time to be elected by the General Meeting in the Act or in the Articles of Association for the (2) The employees of the company shall be entitled to vote, which shall be the 18. Have completed their life year. § 7 sentence 2 of the German Works Constitution Act applies accordingly. Unofficial table of contents

Section 6 Electoral proposals

The election is based on election proposals of the works councils and the employees. The election proposals of the employees must be signed by at least one-tenth of the eligible voters or by at least 100 persons entitled to vote. Unofficial table of contents

§ 7 Spare Members

(1) In each nomination, a replacement member of the Supervisory Board may be proposed together with each candidate for the nomination. An applicant may not be proposed as a substitute member at the same time. (2) If an applicant is elected as a member of the Supervisory Board, the substitute member proposed together with him is also elected. Unofficial table of contents

Section 8 Announcement of the members of the Supervisory Board

The institution empowered to represent the Company's legal representation shall immediately disclose the names of the members and the replacement members of the Supervisory Board after their appointment in the companies of the Company and shall be published in the Federal Gazette. . If the employees of another company also participate in the election of the members of the Supervisory Board of the company, the institution which is authorized to represent the other company is also responsible for the publication in its holdings. is committed. Unofficial table of contents

§ 9 Protection of Supervisory Board members against deprivation

Members of the Supervisory Board of employees may not be disturbed or impeded in the performance of their duties. They may not be disadvantaged or favoured by the Supervisory Board as a result of their activities. This also applies to their professional development. Unofficial table of contents

Section 10 Electoral protection and election costs

(1) No one shall hinder the election of the members of the Supervisory Board of the employees. In particular, no one may be restricted in the exercise of the right to vote and to stand as a candidate. (2) No one shall be allowed to influence the elections by adding or threatening any disadvantages or by granting or delivering benefits. (3) The costs of the Elections are carried out by the company. Failure of working time required to exercise the right to vote or to exercise at the electoral level does not entice the person to reduce the amount of the work. Unofficial table of contents

Section 11 Feeding up the election of members of the Supervisory Board of employees

(1) The choice of a member of the Supervisory Board or of a substitute member of the employees may be appealed to the Labour Court if there has been a breach of essential provisions relating to the right to vote, the eligibility or the electoral procedure, and if: No correction has been made unless the breach has not changed or has been able to affect the outcome of the election. (2) The right to challenge is justified.
1.
at least three persons entitled to vote
2.
the works councils,
3.
the institution authorised to represent the undertaking.
The dispute shall be admissible only within a period of two weeks from the date of publication in the Federal Gazette. Unofficial table of contents

Section 12 Disappointment of members of the Supervisory Board of employees

(1) A member of the Supervisory Board of the employees may be dismissed by a decision before the end of the term of office at the request of a works council or of at least one fifth of the persons entitled to vote. The decision of the persons entitled to vote shall be taken in general, secret, identical and direct votes; it shall require a majority of three quarters of the votes cast. Paragraph 2 (1) shall apply to the decision-making process. (2) Paragraph 1 shall apply accordingly for the convening of replacement members.

Part 3
Transitional and final provisions

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§ 13 authorisation to enact legal orders

The Federal Government is empowered to adopt by means of law provisions on the procedure for the election and the convening of members of the Supervisory Board of employees, in particular on:
1.
the preparation of the election, in particular the drawing up of the electoral lists and the calculation of the number of members of the Supervisory Board of employees;
2.
the time limit for inspection of the voter lists and the collection of objections against them;
3.
the election proposals and the deadline for their submission;
4.
the letter of election and the time limit for its publication;
5.
the participation of workers in the holding referred to in section 3 (3) of the election;
6.
the vote;
7.
the determination of the results of the election and the time limits for its publication;
8.
the challenge of choice;
9.
the storage of the electoral markets.
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§ 14 referrals

Where reference is made in other laws to provisions repealed by Article 6 (2) of the Second Law on Simplification of the Election of Workers ' Representatives to the Supervisory Board, the relevant provisions shall be replaced by the provisions of this Regulation. of this law.