Electoral Regulations to the Co-Determination Act

Unofficial table of contents

MontanMitbestGErgGWO 2005

Date of completion: 10.10.2005

Full quote:

" Electoral Regulations to the Codetermination Supplement Act of 10. October 2005 (BGBl. I p. 2927, 2932)

Footnote

(+ + + Text evidence from: 13.10.2005 + + +) 

  

The electoral system was adopted by the Federal Government as Article 4 of V v. 10.10.2005 I 2927. She's gem. Art. 5 sentence 1 of this V mWv 13.10.2005 entered into force. Unofficial table of contents

table of contents

Part 1
	Election of members of the Supervisory Board of employees
		Chapter 1
			Introduction of the election, vote on the nature of the election, election proposals
				Section 1
					Initiation of election
§ 1								Publication of undertakings
§ 2								Election Projections
§ 3								Composition of the main electoral board
§ 4								Composition of the operating election board
§ 5								Notification duty
§ 6								Management of electoral boards
§ 7								Select List
§ 8								Announcement on the formation of the electoral board and the voters ' list
§ 9								Submission of the voters ' list
§ 10								Objections to the correctness of the voter list
				Section 2
					Vote on the nature of the election
§ 11								Notice
§ 12								Request for vote
§ 13								Vote Letters
§ 14								Voting
§ 15								Reconciliation
§ 16								Use of voting machines
§ 17								Conditions for the written vote
§ 18								Procedure for voting in writing
§ 19								Public Vote Counting
§ 20								Voting document of the Board of Management
Section 21								Determination of the voting result, voting record of the main electoral board
Section 22								Announcement of the result of the vote
				Section 3
					Nominations
						Subsection 1
							Electoral Proposals, Examination, Notice
Section 23								Notice on the submission of nominations
§ 24								Nominations of employees
Section 25								Nominations of the trade unions
Section 26								Election proposals for replacement members
						Subsection 2
							Examination and publication of nominations
§ 27								Examination of nominations
§ 28								Invalid election proposals
§ 29								Grace period for election proposals
§ 30								Announcement of nominations
				Section 4
					Rules to be applied
Section 31								Rules to be applied
		Chapter 2
			Direct election of the members of the Supervisory Board of the employees
				Section 1
					Select Letter
Section 32								Select Letter
				Section 2
					Implementation of the election
						Subsection 1
							Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals
§ 33								Voting, electoral process
Section 34								Public Vote Counting
§ 35								Electoral document of the operating election board
§ 36								Determination of the elected
						Subsection 2
							Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
Section 37								Voting, electoral process
§ 38								Public Vote Counting
§ 39								Electoral document of the operating election board
§ 40								Determination of the elected
						Subsection 3
							Written vote
Section 41								Requirements
§ 42								Voting procedure
						Subsection 4
							random down, notifications
Section 43								Electoral Address
Section 44								Announcement of the results of the election, notification of the elected
§ 45								Storage of the Wahlaked
		Chapter 3
			Election of Supervisory Board members of employees by delegates
				Section 1
					Election of Delegates
						Subsection 1
							Delegate with Multiple Mandate
Section 46								Delegates elected for the election of Supervisory Board members of several companies
§ 47								No choice of delegates, as far as delegates with multiple mandate are already elected within the framework of another electoral procedure
						Subsection 2
							Initiation of election
§ 48								Calculation of the number of delegates
§ 49								Assignment of employees to other companies
§ 50								Communications from the main electoral board
Section 51								Ballot letter for the election of the delegates
						Subsection 3
							Nominations for Delegates
Section 52								Submission of election proposals
Section 53								Examination of nominations
§ 54								Invalid election proposals
§ 55								Grace period for election proposals
§ 56								Announcement of nominations
						Subsection 4
							Election of delegates on the basis of several nominations
Section 57								Voting, electoral process
Section 58								Public Vote Counting
§ 59								Determination of the elected
						Subsection 5
							Identification of delegates in the event of only one election proposal
§ 60								Identification of delegates in the event of only one election proposal
						Subsection 6
							Written vote
Section 61								Requirements
Section 62								Voting procedure
						Subsection 7
							random down, notifications
§ 63								Electoral Address
Section 64								Announcement of the results of the election, notification of the elected
						Subsection 8
							Exception
Section 65								Exception
				Section 2
					Election of the members of the Supervisory Board of the employees by the delegates
						Subsection 1
							Delegates ' Meeting, List of Delegates
Section 66								Delegates ' Meeting
Section 67								Delegate List
Section 68								Objections to the correctness of the list of delegates
						Subsection 2
							Communication to the Delegates
Section 69								Communication to the Delegates
						Subsection 3
							Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals
Section 70								Voting, electoral process
Section 71								Public Vote Counting
Section 72								Determination of the elected
						Subsection 4
							Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal
Section 73								Voting, electoral process
Section 74								Public Vote Counting
§ 75								Determination of the elected
						Subsection 5
							random down, notifications
Section 76								Electoral Address
Section 77								Announcement of the results of the election, notification of the elected
Section 78								Storage of the Wahlaked
Part 2
	Dismise of Supervisory Board members of employees
		Chapter 1
			Common rules
§ 79								Initiation of the appointment procedure
§ 80								List of eligible employees
§ 81								Examination of the application for convening
Section 82								Rules to be applied
		Chapter 2
			Vote on the convening of a member of the Supervisory Board elected by direct election
Section 83								Revocations, voter list
Section 84								Vote, Voting record, Files
		Chapter 3
			Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate
§ 85								Delegate List
§ 86								Delegates ' Meeting, Communication of the main electoral board to the delegates
Section 87								Vote, Voting record, Files
		Chapter 4
			Spare Members
Section 88								Spare Members
Part 3
	Special provisions for the election and dismise of the members of the Supervisory Board of employees in the event of the participation of employees of Seeundertakings
		Chapter 1
			Principle
§ 89								Principle
		Chapter 2
			Election of members of the Supervisory Board of employees
				Section 1
					Introduction of the election, vote on the nature of the election, election proposals
§ 90								Initiation of election
Section 91								Vote on the nature of the election
§ 92								Notice on the submission of nominations
				Section 2
					Direct election of the members of the Supervisory Board of the employees
Section 93								Letter of election in the maritime sector
Section 94								Voting in the election of the members of the Supervisory Board of the employees
				Section 3
					Election of Supervisory Board members of employees by delegates
§ 95								Election of Delegates
§ 96								Letter of election in Seebetriebe
Section 97								Voting by workers of sea companies
Section 98								Electoral Address
		Chapter 3
			Dismise of the members of the Supervisory Board of the employees
				Section 1
					Common provision
§ 99								Common provision
				Section 2
					Vote on the convening of a member of the Supervisory Board elected by direct election
§ 100								Letter of revocations for seafarers, voter list
§ 101								Voting
				Section 3
					Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate
Section 102								Direct vote, voter list, communication to delegates
Section 103								Seagoing Letter of Appeal for Maritime Operations
Section 104								Vote, Communication of the vote
Part 4
	First-time application, calculation of time limits
Section 105								First-time application of the law to a company
Section 106								Calculation of deadlines

Part 1
Election of members of the Supervisory Board of employees

Chapter 1
Introduction of the election, vote on the nature of the election, election proposals

Section 1
Initiation of election

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Section 1 Announcement of undertakings

(1) At the latest 25 weeks prior to the expected start of the term of office of the members of the Supervisory Board to be elected, the ruling company shall notify the other Group companies in writing that the members of the Supervisory Board shall be members of the Supervisory Board. Workers must be elected. The communication shall also indicate:

1.

the probable start of the term of office of the members of the Supervisory Board to be elected;

2.

the number of supervisory board members to be elected;

3.

the companies and the addresses of the group companies and their holdings, as well as the figures of the employees generally employed in these companies and enterprises.

(2) Each undertaking shall immediately notify the communication referred to in paragraph 1. The contract notice may be made by means of a notice at one or more appropriate places accessible to the electorate in the companies of the company and by the use of information and communication technology available in the company. The use of information and communication technology shall be permitted only if the addressee of this notice of notice is able to obtain knowledge of the notice and arrangements are made to ensure that only the undertaking concerned changes (3) The company in whose Supervisory Board members of the employees are to be elected shall send the notification referred to in paragraph 1 without delay

1.

the Group Works Council,

2.

the total works councils,

3.

the existing works councils in the companies;

4.

the trade unions represented in the companies;

5.

The representations for employees employed in flight operations established by collective agreement in accordance with Section 117 (2) sentence 1 of the Works Constitution Act.

In a group undertaking, employees (employees) shall participate in the election of members of the supervisory boards of several undertakings in accordance with this Regulation, and shall commend the terms of office of these members of the Supervisory Board within for a period not exceeding twelve months, that undertaking shall immediately notify the employee representatives referred to in the first sentence of the first sentence of the notice referred to in points 2, 3 and 5 of the notice referred to in the notice referred to in paragraph 2. Unofficial table of contents

§ 2 Electoral members

(1) The timely initiation and implementation of the election as well as the determination of the election result shall be the responsibility of the main election. (2) In the individual establishments of each undertaking, the election shall be carried out on behalf of and in accordance with the guidelines of the (3) The electoral board members shall be formed immediately after the notice referred to in § 1. The sexes are to be represented according to their numerical ratio. Unofficial table of contents

§ 3 Composition of the main electoral board

(1) The main electoral board shall consist of three members. The employee representatives who, in accordance with paragraph 3, appoint members of the main electoral board may increase the number of members if this is necessary for the proper implementation of the election. The main electoral board must consist of an odd number of members. Members of the main electoral board may only be eligible for voting rights of group companies. (2) For each member of the main electoral board, a substitute member may be appointed for the case of his prevention. (3) The Group Works Council appoints the Members of the main electoral board. If there is no Group Works Council, these members of the main electoral board shall

1.

from the General Works Council of the controlling undertaking or, if there is only one works council in this Council, from the works council or,

2.

where there is no works council in the dominant undertaking, the total works council of the largest other group undertaking in which a works council exists, or, where there is only one works council in the undertaking, appointed by the works council or,

3.

where no undertaking has an operating council, in a meeting of the employees referred to in Article 5 (5) of the Act, of the largest holding of the group undertakings by the number of eligible voters, by a majority of the votes cast selected.

If there is also a representation established by collective agreement in accordance with Section 117 (2) sentence 1 of the Works Constitution Act for employees employed in flight operations, the order shall be made together with this representation. Unofficial table of contents

§ 4 Composition of the operating electoral board

(1) The Executive Board of Management shall consist of three members. The works council may increase the number of members if this is necessary for the proper implementation of the election. The operating election board must consist of an odd number of members. Members of the Board of Management may only be entitled to vote. (2) For each member of the Board of Management, a substitute member may be appointed in the event of his or her prevention. (3) The Works Council shall appoint the members of the Board of Management. Operating election board. If there is no works council, the members of the operating electoral board referred to in the first sentence shall be elected in a business meeting by a majority of the votes cast. (4) For an establishment with no more than 45 persons entitled to vote within of two weeks in accordance with the notice referred to in § 1, the head-of-office of the company shall, for that holding, instructs the head of the holding of another establishment of the undertaking to carry out the duties of the undertaking concerned. Operating election board. The head of the operating election officer may decide that, in the holding for which the head of the holding has not been established, the vote shall be made in writing on the votes and elections referred to in Chapters 1 and 2. In the case of sentence 2, the persons entitled to vote in this establishment shall receive the documents referred to in § 17 (1) for the written vote without the need for a request; the letters referred to in § § 13 and 32 shall be the following: Information to be added:

1.

that the written vote is adopted for the holding;

2.

the date by which the ballot letters must be received by the operating election board.

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§ 5 obligation to provide information

(1) The main electoral board shall, immediately after its formation, notify in writing to the Group companies, the operating election board members and the trade unions represented in the Company the names of its members and its address. At the same time, it shall inform the holding of the election board which unions have received the communication. (2) Each member of the board of business shall inform the main electoral board in writing, immediately after his formation, of the names of its members and of its members and its members. Address with. At the same time, it shall inform the main electoral officer whether any trade unions which have not received the notification referred to in paragraph 1 shall be represented in the holding. Unofficial table of contents

§ 6 Executive Board of the Electoral Board

(1) Each electoral board shall elect a chairperson and at least one deputy from among its members. (2) The electoral board may draw up a written order of procedure. The head of the Board of Directors may choose to vote for the holding of the company and the head of the holding of the holding of the holding can use the holding as an election officer to support his/her support. (3) The electoral executive shall take his decisions with a simple majority of votes. of its members. A minutes shall be recorded at each meeting of the electoral board, which shall contain at least the text of the decisions. Members of the electoral board, against whose votes a decision has been taken, may require that their deviating opinion be noted in the transcript. The minutes shall be signed by the chairman and another member of the electoral board; this shall also apply to notices, letters of writing and further minutes of the electoral board. (4) Notices of the electoral board may be announced by It is possible to negotiate and to use the information and communication technology available in the company. The slope shall be carried out at one or more suitable vacancies accessible to the eligible voters. It is to be preserved in a legible state. The use of information and communication technology shall be permitted only if the addressee's circle of notice can be informed of the notice and arrangements have been made to ensure that only the electoral executive has made changes to the (5) The Group companies have to support the electoral board in the performance of their duties and to provide them with the necessary business needs. (6) The electoral board shall ensure that foreign workers who are not proficient in the German language in good time on the occasion of the election, the electoral procedure, the votes, the list of voters ' lists and the election proposals, the electoral process and the vote in a suitable manner. Unofficial table of contents

§ 7 Voter List

(1) The operating election board shall immediately establish a list of persons entitled to vote in the establishment (voter list) after the date of their formation. The persons entitled to vote are to be listed in alphabetical order with surname, first name and date of birth. The list of voters may be set up by using the information and communication technology available in the company if arrangements are made to allow only the electoral board to make changes in the voter list. (2) The company shall provide all the information necessary for the preparation of the voters ' list and make the necessary documents available to the holding electoral board. (3) The electoral board shall, without delay, correct or supplement the electoral list if: a worker

1.

to enter or leave the establishment,

2.

the 18. Year of life completed or

if the conditions on which an entry is based on the voters 'list change in any other way. (4) Only workers registered in the voters' list may participate in elections and votes. Unofficial table of contents

Section 8 Announcement of the formation of electoral board and the electoral list

(1) The inclusion in the voters ' list, the law and this Regulation shall be made possible without delay until the election of the members of the Supervisory Board of the employees is concluded. The voters ' list intended for inspection shall not include the date of birth of the persons entitled to vote. The inspection can be made possible by design at a suitable point in the operation and by using the information and communication technology available in the company. (2) The Board of Management Board of Management simultaneously makes the possible use of the information and communication technology available. The names of its members and his address and the address of the main electoral board are known to the voters ' list. The announcement shall be made from the date of its adoption until the conclusion of the election of the members of the Supervisory Board of the employees. On the notice of the announcement, the head of the operating election shall mark the first and last day of this period. The notice shall also indicate:

1.

the date of their adoption;

2.

where and how eligible voters can access the voters ' list, the law and this regulation;

3.

that objections to the correctness of the voters ' list can only be lodged in writing at the head of the holding of the ballot box within one week from the date of the publication of the notice; the last day of the period shall be indicated;

4.

objections to corrections and additions to the voters ' list may be lodged only within a week since the correction or the addition of the voter's list;

5.

that only workers who are registered in the voters ' list can participate in elections and votes.

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§ 9 Send of the voters ' list

(1) The Board of Management shall immediately send a copy of the voters ' list to the main electoral board and inform it of the number of employees normally employed in the holding. (2) The Board of Management Board shall report corrections and additions to the List of voters immediately with the main electoral board. Unofficial table of contents

§ 10 objections to the correctness of the voter list

(1) An objection may be lodged against the correctness of the voter list. Objections to the correctness of the voters ' list can only be filed within one week since the announcement of the announcement according to § 8 para. 2 in writing at the operating election board. Objections to corrections and additions to the voters ' list may only be filed within a week since the correction or the supplement. (2) The oppositions referred to in paragraph 1 shall be decided without delay. If an objection is justified, the voters ' list shall be corrected. The head of the operating election shall immediately inform the decision of the person who has lodged the opposition in writing.

Section 2
Vote on the nature of the election

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Section 11 Announcement

(1) If, as a rule, a total of no more than 8,000 employees are employed in the Group companies, the main electoral board shall issue a notice immediately after the voters ' lists have been sent. The notice shall contain the following information:

1.

the date specified for the contract notice;

2.

the members of the Supervisory Board shall be elected by direct election unless the electorate decides to elect them by means of delegates;

3.

the minimum number of persons entitled to vote, including a request for a vote on the election of the members of the Supervisory Board of the employees by delegates;

4.

an application can be submitted in writing to the main election Board in writing only within two weeks from the date specified for the contract notice; the last day of the period shall be indicated;

5.

the minimum number of persons entitled to vote, whose participation in the vote is required;

6.

a decision on the election of members of the Supervisory Board of employees by delegates can only be taken by a majority of the votes cast;

7.

the address of the main electoral board.

If, in accordance with the provisions of this Regulation, delegates have already been elected whose term of office has not yet been completed at the beginning of the term of office of the members of the Supervisory Board to be elected, the notice shall be those referred to in the second sentence of paragraph 2 (2) If, as a general rule, a total of more than 8,000 employees are employed in the Group companies, the chief electoral officer shall issue a notice on the date set out in the first sentence of paragraph 1. It shall contain the following information:

1.

the date specified for the contract notice;

2.

the members of the supervisory board of the employees are elected by delegates, unless the persons entitled to vote decide on the direct election;

3.

the minimum number of persons entitled to vote, a request to vote on the election of the members of the Supervisory Board to be elected by direct election;

4.

an application can be submitted in writing to the main election Board in writing only within two weeks from the date specified for the contract notice; the last day of the period shall be indicated;

5.

the minimum number of persons entitled to vote, whose participation in the vote is required;

6.

a decision on the direct election of the members of the Supervisory Board of the employees may be taken only by a majority of the votes cast;

7.

the address of the main electoral board.

Sentences 1 and 2 shall also apply where, in accordance with the provisions of this Regulation, delegates have already been elected whose term of office has not yet been completed at the beginning of the term of office of the members of the Supervisory Board to be elected. (3) The The main electoral officer shall send the contract notice to the operating election officers and shall inform them in writing of the date from which the contract notice must be made in the establishments. The contract notice shall be published by the operating election officer until the announcement of the voter's letter of voting in accordance with § 32 or § 51. The Chief Operating Officer shall, on the notice of notice, record the first and last day of this period. (4) The main electoral Board shall send the notice immediately after its adoption to the Group companies and to those in those undertakings. Unions represented. Unofficial table of contents

Section 12 Request for vote

(1) If, as a general rule, no more than 8,000 employees are employed in the Group companies, a request for a vote on the election of the members of the Supervisory Board of the employees by delegates may be submitted. If the conditions referred to in Article 11 (1) sentence 3 are available, paragraph 2 shall apply. (2) In the group companies as a rule, a total of more than 8,000 employees are employed, a request for a vote may be taken to ensure that the Members of the Supervisory Board of the employees are to be elected in direct election; this shall also apply if the conditions set out in § 11 (2) sentence 3 are available. (3) A request for vote shall be submitted within two weeks since the date specified for the notice pursuant to § 11 in writing to the main election Board . A request for a vote shall be valid if it has been signed by at least one twentieth of the persons entitled to vote and submitted in due time. (5) Is the right to vote in the form of a request for a vote. if an application is invalid, the chief electoral officer shall inform the application representative or, if an application is not named, the first signatory to the applicant in writing. Unofficial table of contents

Section 13 Voting Letter

(1) If there is a valid application in accordance with § 12, the main electoral officer shall issue a voting letter without delay. The vote shall take place within two weeks from the date on which the vote was announced. (2) The record of voting shall contain the following information:

1.

the date specified for the contract notice;

2.

the content of the application;

3.

that only workers who are registered in the voters ' list can participate in the vote;

4.

the minimum number of persons entitled to vote, whose participation in the vote is required;

5.

that the decision can only be taken by a majority of the votes cast;

6.

the day or days of the vote.

(3) The main electoral officer shall send the voting record to the operating election officers and inform them in writing of the date from which the voting record in the establishments shall be known. Each member of the Management Committee shall add the following information to the voting record:

1.

the place and time of the vote and the public counting of votes;

2.

an indication of the possibility of the written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 17 (3) of this Regulation;

3.

that objections and other declarations are to be made to the head of the works election;

4.

the address of the operating election board.

(4) The Member of the Management Committee shall announce the right to vote until the end of the vote, and shall record the first and last day of the notice on the date of the vote. Section 11 (4) shall apply accordingly. Unofficial table of contents

Section 14 Voting

(1) The ballot papers for the vote shall contain only the request and the question to the persons entitled to vote, whether they vote in favour of or against the motion. If the vote is to be cast for the application, the pre-printed "Yes" is to be crossed, otherwise the pre-printed "No" is to be crossed. The ballot papers for the ballot must all have the same size, colour, texture and inscription. (2) The ballot paper shall send the ballot papers in good time to the holding ballot boards. (3) ballot papers, which shall be held with a special The property shall be void or shall contain any other than the particulars referred to in paragraph 1, an addition or any other amendments shall not be valid. Unofficial table of contents

Section 15 Voting procedure

(1) The Management Committee shall take appropriate measures for the unobased identification of the ballot papers in the electoral area and shall ensure the provision of a ballot box or a number of ballot boxes. The ballot box must be closed by the operating ballot board and be set up in such a way that the ballot papers thrown in cannot be removed without opening the urn. (2) During the vote, at least two members of the ballot box must be If election aid is ordered, the presence of a member of the operating election board and of an election worker shall be sufficient. (3) The person who votes shall not pay any attention to the ballot paper and fold it in the way that their voice is not recognizable. After that, she gives her name and throws the folded ballot into the ballot box, after the vote has been recorded in the voters ' list. (4) Whoever is impaired as a result of his disability in the vote can be a person of his or her own. Determine the confidence to assist him in the vote, and inform the Electoral Council. Persons applying to the election, members of the electoral board and election advisors may not be used to provide assistance. The assistance shall be limited to the fulfilment of the voter's wishes for the vote; the person of confidence shall, together with the voter, visit the electoral cell. It is obliged to maintain secrecy of the knowledge which it has acquired in the provision of assistance for the vote. Sentences 1 to 4 shall apply mutatily to the reading of unmarried voters. (5) If the vote is interrupted or if the counting of votes is not immediately after the vote has been completed, the head of business for the interim shall have the right to vote. To close the ballot box in such a way that it is impossible to insert or remove ballot papers without damage to the closure. In the event of a re-opening of the vote or the withdrawal of the ballot papers for the counting of votes, the head of the operating election has to be persuaded that the closure is unharbored. Unofficial table of contents

§ 16 Use of voting machines

(1) Election equipment may be used in place of ballot papers and ballot boxes for the submission and counting of votes. § 15 shall apply accordingly. In accordance with Article 2 (2) and (3) of the Federal Electoral Regulations, the voting machines must be suitable for the votes and elections for which they are used and shall comply with the directives on the type of voting equipment, provided that such equipment is used for the purpose of: do not include special rules for federal elections. Each voting device must be accompanied by an instruction manual and a declaration of conformity in accordance with § 2 (6) of the Federal Electoral Regulations. (2) The use of voting machines shall be admissible only if there is agreement between the The main electoral board and the company management have been reached. Unofficial table of contents

Section 17 Conditions of the written vote

(1) Voting persons who, at the time of the vote, are prevented from holding their votes due to their absence from the holding, shall have the right to vote at their request

1.

to issue the voting record,

2.

the ballot paper and the ballot,

3.

a pre-printed statement to be issued by the voting person, in which it is to be insured against the holding of the holding of the ballot box that the ballot paper has been personally marked, and

4.

a major free-charge, which bears the address of the board of management and as the sender the name and address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding of the ballot shall also hand out or send to the persons entitled to vote a leaflet on the manner of the written vote (Section 18 (1)). The head of the operating election shall record the handout or transmission of the documents in the voters ' list. (2) Voter entitled to vote, which shall be known to the operating election board, that they shall, at the time of the vote, be based on the peculiarity of the voting rights of the person who is entitled to vote. The employment relationship is not expected to be present in the holding (in particular in the field of external service, teleworking and homeworking), the documents referred to in paragraph 1 shall be preserved without the need for a voting rights. (3) The head of the operating election may have written Vote on voting

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for establishments in which the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and in which the remaining minority does not constitute more than 25 persons entitled to vote.

(4) The chief electoral officer shall send the records referred to in paragraph 1 for the written vote, on request, to the heads of the holding of the holding ballot. Unofficial table of contents

Section 18 Procedure in the written vote

(1) Voting shall be carried out in such a way as to ensure that the person who is voting

1.

The ballot paper shall be marked in person and thus folded and closed in the corresponding electoral envelope in such a way that the ballot shall only be recognisable after the ballot paper has been folded apart;

2.

sign the pre-printed declaration, stating the place and date, and

3.

shall close the envelope and the signed pre-printed declaration in the open-air envelope and send the ballot letter to the head of the holding of the ballot box in good time, or shall pass it on to the ballot box before the ballot is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the ballot box shall record the vote in the voters ' list, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested. Unofficial table of contents

Section 19 Public counting of votes

(2) After the ballot box has been opened, the head of the holding of the ballot box takes the ballot paper and determines how many votes for and how many votes against the ballot box. (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the ballot papers are simply counted if they are completely identical, otherwise they are invalid. (4) When using voting machines, the The number of votes cast for the application and the number of votes cast against the request, as well as the number of invalid votes, were determined by reading out the counting mechanisms. Unofficial table of contents

Section 20 Voting document of the operating election board

(1) According to the counting of the votes, the head of the operating election shall establish in a transcript:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the number of votes cast for the application;

6.

the number of votes cast against the application;

7.

special incidents or other events which have occurred during the vote.

(2) The operating electoral board shall immediately transmit the voting document to the main electoral board, by telex or by means of messenters. Unofficial table of contents

Section 21 Determination of the result of the vote, voting record of the main election board

The main electoral officer shall determine the result of the vote on the basis of the voting record of the members of the operating election Board, and shall establish in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the number of votes cast for the application;

6.

the number of votes cast against the application;

7.

the result of the vote;

8.

special incidents or other events which have occurred during the vote.

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Section 22 Announcement of the result of the vote

The main electoral officer shall forward the result of the vote to the holding election members. Each Member of the Management Committee shall disclose the result of the vote for a period of two weeks in the same way as the date of the vote.

Section 3
Nominations

Subsection 1
Electoral Proposals, Examination, Notice

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Section 23 Announcement of the submission of election proposals

(1) The main electoral board shall, at the same time as the announcement according to § 11, issue a notice on the submission of nominations for the election of the members of the Supervisory Board of the employees. The notice shall contain the following information:

1.

the date specified for the contract notice;

2.

the number of members of the Supervisory Board to be elected, separated by members of the Supervisory Board of the employees and members of the Supervisory Board, who are representatives of trade unions;

3.

Nominations for the election of the members of the Supervisory Board of the employees of the main electoral board within six weeks may be submitted in writing since the date specified for the contract notice; the last day of the period shall be indicate;

4.

the minimum number of persons entitled to vote, of whom an election proposal must be signed for members of the Supervisory Board of employees;

5.

that an election proposal for members of the Supervisory Board, which are representatives of trade unions, can only be submitted by a union represented in a group company;

6.

that, in so far as only one nomination is made for the members of the Supervisory Board, the number of candidates in this nomination must be twice as high as the number of members of the Supervisory Board, which does not apply to the employees;

7.

that, to the extent that only one nomination is proposed for the members of the Supervisory Board, who are representatives of trade unions, the number of candidates in this election proposal must be at least twice as high as the number of representatives to be elected by Trade unions;

8.

that a substitute member of the Supervisory Board may be proposed in each nomination for each candidate;

9.

that, if a member of the Supervisory Board is elected, the substitute member proposed together with him is also elected;

10.

the address of the main electoral board.

(2) The main electoral code may summarize the notices referred to in paragraph 1 and § 11 in a notice. (3) The main electoral Board shall send the notice to the operating election officers and inform them in writing of the date from which the announcement of the contract shall be submitted. it is to be known in the companies. Each member of the Management Committee shall supplement the notice with the following information:

1.

where and how eligible voters can access the voters ' list, the law and this regulation;

2.

where and how voters can become aware of the election proposals;

3.

that objections and other declarations are to be made to the head of the works election;

4.

the address of the operating election board.

(4) The Executive Board of Management shall disclose the notice until the election of the members of the Supervisory Board is concluded. The Chief Operating Officer shall, on the notice of notice, record the first and the last day of the notice. (5) The main electoral officer shall send the notice of notice immediately after its adoption to the Group companies and to those in these companies Unions represented. Unofficial table of contents

Section 24 Election proposals of employees

(1) The election of the members of the Supervisory Board of the employees may be made by elective nominations. Each nomination must be signed by one-fifth or 100 of the persons entitled to vote. (2) The nominations shall be submitted within six weeks from the date specified for the notice on the submission of election proposals. (3) If only one nomination is submitted for a ballot, the number of candidates in this election proposal must be twice as high as the number of candidates to be elected in the ballot. Members of the Supervisory Board. (4) Election within the meaning of this Chapter shall be:

1.

the election of members of the Supervisory Board of employees;

2.

the election of the members of the Supervisory Board, which are representatives of trade unions.

(5) In each nomination, the candidates shall be listed in a recognizable order with consecutive numbers and with the name of the surname, first name, date of birth, type of employment, enterprise and establishment. The written consent of the candidates for inclusion in the nomination and their written assurance that they will accept the election in the event of their election shall be accompanied by. (6) For each nomination, one of the signatories shall be deemed to have been a member of the Proposal representatives shall be determined. It is entitled and obligated to give the main electoral board the explanations required for the elimination of complaints, as well as to receive declarations and decisions of the main election board. If no representative has been expressly appointed, the first representative shall be regarded as the representative of the nomination. (7) The signature of a person entitled to vote shall be counted only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall, at the request of the main electoral board, declare within a reasonable time, and at the latest within a week, which signature he is maintaining. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations signed by the same person entitled to vote, at the same time as: (8) An applicant can only be proposed on an election proposal. If the written consent of his name (paragraph 5, second sentence) is listed on a number of nominations, he shall, at the request of the main election board, explain within a week what application he is maintaining. If the declaration is not made on time, the candidate shall be deleted on all nominations. Unofficial table of contents

Section 25 Electoral proposals of the trade unions

(1) For the election of members of the Supervisory Board who are representatives of trade unions, the trade unions may make election proposals which are represented in Group companies. (2) Any nomination of a union must be authorized by a representative of the trade union to be authorized to vote. Representatives of this union signed. Section 24 (2), (4), (5) and (8) shall apply accordingly. If only one nomination is submitted, the number of candidates must be at least twice as high as the number of representatives of trade unions to be elected. (3) Section 24 (6) must be applied accordingly. The agent referred to in the first sentence of paragraph 2 shall be deemed to be a representative. The trade union may designate a representative other than the one referred to in the first sentence of paragraph 2 as a representative. Unofficial table of contents

Section 26 Electoral proposals for replacement members

(1) In each nomination, a substitute member of the Supervisory Board may be proposed for each candidate. Only one substitute member can be proposed for each candidate. An applicant may not be proposed both as a member and as a substitute member of the Supervisory Board. (2) Each proposed substitute member shall be listed in the election proposal, stating the surname, first name, date of birth, type of employment, company and establishment, in addition to the applicant for whom it is deemed to be a A substitute member of the Supervisory Board is proposed. In the election proposal, it is to be identified who is proposed as a member and who is proposed as a substitute member of the Supervisory Board. Section 24 (5) sentence 2 shall apply accordingly.

Subsection 2
Examination and publication of nominations

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Section 27 Examination of nominations

(1) The main electoral board shall confirm in writing to the nomination representative the date of submission of the nomination. (2) The main electoral board shall refer to the nomination if it is not provided with a password, with surname and first name. the applicant named in the first place. He shall immediately examine the nomination of the nomination and, in the event of invalidity or complaint, shall inform the nomination representative in writing, stating the reasons for the nomination. Unofficial table of contents

§ 28 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted in due time;

2.

on which the candidates are not listed in a recognizable order;

3.

which do not contain the number of candidates referred to in Article 23 (1), second sentence, No 6 and 7;

4.

workers if they do not have the required number of signatures when they are submitted;

5.

of the trade unions if they are not signed by a representative authorised to do so.

(2) Electoral proposals,

1.

in which the candidates are not designated in the manner specified in Article 24 (5) sentence 1;

2.

which are not accompanied by the written consent and insurance of the candidates pursuant to Section 24 (5) sentence 2;

3.

which, as a result of any deletions pursuant to Article 24 (7), no longer have the required number of signatures;

are invalid if the main electoral officer has complain of them and the deficiencies have not been remedied within a week since the complaint. Unofficial table of contents

§ 29 Grace period for election proposals

(1) If, at the end of the period specified for the submission of nominations, a valid nomination is not submitted for a ballot, the main electoral officer shall immediately publish a notice and shall set a grace period of one week for the submission of nominations. The notice shall contain the following information:

1.

the date specified for the contract notice;

2.

a valid nomination has not been submitted for the ballot;

3.

election proposals may be submitted in writing to the main election committee within a period of grace of one week from the date specified for the contract notice; the last day of the period shall be indicated;

4.

that the ballot can only take place if at least one valid nomination is submitted;

5.

that, unless a valid nomination is filed, the members of the Supervisory Board who are not members of the Supervisory Board may be appointed by the court.

(2) If a valid nomination is not submitted until the expiry of the grace period for a ballot, the main electoral committee shall immediately announce that the ballot shall not take place. (3) For notices pursuant to paragraphs 1 and 2, § 23 para. 3 up to 5 accordingly. Unofficial table of contents

Section 30 Announcement of nominations

(1) If several election proposals are submitted for a ballot in which several members of the Supervisory Board are to be elected, the main electoral board shall determine by lot after the expiry of the first sentence in § 24 (2), § 28 (2) and § 29 (1) sentence 1 (2) No later than two weeks before the first day of the vote, the valid nominations in the establishments shall be valid. to make known. The main electoral officer shall send the valid nominations to the holding election officers and inform them in writing of the date from which the election proposals in the establishments shall be made known. Each head of the holding shall make the nominations, separately after ballots, known; § 23 (4) and (5) shall be applied accordingly.

Section 4
Rules to be applied

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Section 31 Applicable Provisions

(1) If the members of the Supervisory Board are to be elected by direct election, the further electoral procedure shall be governed by the provisions of Chapter 2. (2) If the members of the Supervisory Board are to be elected by delegates, the members of the Supervisory Board shall be elected by the delegated acts. , the further electoral procedure shall be governed by the provisions of Chapter 3.

Chapter 2
Direct election of the members of the Supervisory Board of the employees

Section 1
Select Letter

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Section 32 Electoral outwriting

(1) If it is established that the members of the Supervisory Board are to be elected by direct election, the chief election officer shall issue a ballot letter. It must contain the following information:

1.

the date specified for the contract notice;

2.

the members of the Supervisory Board are to be elected by all persons entitled to vote in the immediate election;

3.

that only workers who are registered in the voters ' list can participate in the election and in voting;

4.

the date by which the nominations may be submitted;

5.

that the vote is subject to election proposals and that only those nominations submitted in due time may be taken into account;

6.

the day or days of the vote in respect of the election of the members of the Supervisory Board of the employees;

7.

the address of the main electoral board.

(2) The main electoral officer shall send the ballot letter to the operating election officers and inform them in writing of the date from which it is to be made known in the establishments. Each member of the Management Committee shall add the following information to the elective letter:

1.

where and how voters can become aware of the election proposals;

2.

the place and time of the vote and the public counting of votes;

3.

an indication of the possibility of the written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 41 (3) of the decision;

4.

that objections and other declarations are to be made to the head of the works election;

5.

the address of the operating election board.

Section 23 (4) and (5) shall apply mutas to the announcement of the voter's vote.

Section 2
Implementation of the election

Subsection 1
Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals

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Section 33 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and several valid nominations are available for this ballot, the voter may cast his vote only for one of those nominations. Voting shall be carried out by issuing ballot papers. The concept of the ballot referred to in this chapter shall be determined in accordance with Article 24 (4). (2) The main election Board shall have the nominations on the ballot papers according to the order in which the order numbers have been ordered and the first and second positions. Applicants with surname, first name, type of employment, company and company to be listed among themselves; in the case of election proposals which are provided with a password, the password is also to be specified. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers used for the same ballot shall all have the same size, colour, texture and inscription. The ballot papers which are used for a ballot must be different from the ballots provided for the other ballots in the colour. (3) The ballot paper shall send the ballot papers in good time to the holding ballot papers. (4) The voter shall mark the nomination of the voter chosen by him by crossing at the place provided for this purpose in the ballot. § § 15 and 16 are to be applied accordingly for the election process; the vote is to be recorded separately in the voters ' list for each ballot. (5) Invalidity are ballot papers,

1.

in which more than one nomination has been proposed;

2.

from which a clear will does not arise;

3.

which are provided with a special feature;

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 34 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot box shall remove the ballot papers and shall count the ballots for each ballot separately for each nomination. (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the ballots are simply counted if they completely agree, otherwise they are invalid. (4) In the use of voting machines § 19 para. 4 applies accordingly. Unofficial table of contents

Section 35 Election of the operating election board

(1) After the votes have been counted, the head of the operating election shall establish in a minutes separately for each ballot separately:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the figures of the votes cast on the individual nominations;

6.

special incidents or other events that have occurred during the election.

(2) The Board of Management shall transmit immediately after the counting of the ballot to the main electoral board, by telex or by means of messenters of the voting document. (3) The Board of Management shall disclose the result of the ballot counting. Unofficial table of contents

Section 36 Determination of the elected

(1) The main electoral officer shall determine the election result on the basis of the electoral rules of the operating electoral boards. (2) The number of votes allocated to the individual election proposals in the ballot shall be placed side by side in a row and all shall be carried out by means of 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the Supervisory Board are to be elected in the election. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number eligible for a number of nominations is eliminated, it shall decide which nomination is to be submitted by that seat. (3) If a nomination contains fewer candidates than the maximum number of candidates, it shall be decided on the basis of the nomination. (4) The order of the candidates within each nomination shall be determined by the order in which they are appointed. (5) With the election of an applicant, this is in the election proposal next to the elected Candidate listed substitute member of the Supervisory Board.

Subsection 2
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal

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Section 37 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and only a valid nomination is proposed for that ballot, the voter may cast his vote only for the candidates listed in the nomination. A separate vote for a substitute member of the Supervisory Board is not permitted. The vote is cast by issuing ballot papers. (2) The main electoral board shall list the candidates on the ballot papers, specifying the surname, first name, type of employment, company and establishment, in the order in which they are held, in the order of that they are named in the nomination. If, together with an applicant, a substitute member has been proposed, the substitute member shall be listed on the ballot papers in addition to the applicant; the first sentence shall be applied accordingly. The ballot paper is intended to contain the indication of how many voters can tick. § 33 (2) sentences 3 and 4 and (3) shall apply. (3) The voter shall identify the persons elected by him by crossing at the points provided for this purpose in the ballot paper. No more applicants may be made to vote than in the election of Supervisory Board members. § 33 (4) sentence 2 shall apply accordingly. (4) Invalid shall be ballot papers,

1.

where more applicants are to be chosen than to vote in the election of Supervisory Board members;

2.

from which a clear will does not arise;

3.

which are provided with a special feature;

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 38 Public counting of votes

(2) After the ballot box has been opened, the head of the holding of the ballot box shall take the ballot paper and count the ballots for each ballot separately for each candidate votes. The validity of the ballot papers shall be examined in the case of the counting. If an applicant has repeatedly been crossed on a ballot, this counts as one vote. (3) In the case of the use of voting machines, § 19 (4) applies accordingly. Unofficial table of contents

Section 39 Election of the Board of Management

Once the votes have been counted, the head of the operating election shall set out in a minutes separately for each ballot:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the figures for the votes cast on the individual candidates;

6.

special incidents or other events that have occurred during the election.

Section 35 (2) and (3) shall apply. Unofficial table of contents

Section 40 Determination of the elected

The main electoral officer determines the figures of the votes cast on the individual candidates on the basis of the electoral rules of the operating electoral systems. So many applicants are elected as members of the Supervisory Board, according to the order of the number of votes they have received. In the event of a tie, the lot shall decide. Section 36 (5) shall apply.

Subsection 3
Written vote

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Section 41 Conditions

(1) A person entitled to vote who, at the time of the election, is prevented from holding his/her vote due to absence from the holding, shall have the right to vote at his request.

1.

the electoral letter,

2.

for each ballot in which he is entitled to participate,

a)

election proposals,

b)

the ballot paper and the ballot,

3.

a pre-printed statement to be issued by the voter, in which it is to be insured against the holding of the holding, that the ballot paper has been personally marked, and

4.

a major clearance which bears the address of the board of management and the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding should also hand out or send a leaflet to the person entitled to vote on the manner in which the written vote (§ 42 para. 1) is used. The head of the Management Committee shall record the handing out or transmission of the documents for each ballot separately in the voters ' list. (2) Electoral beneficiaries, of which the head of the holding is known, that at the time of the election, they shall be entitled according to the nature of the voting. their employment relationship is not likely to be present in the holding (in particular in the field of external service, telework and homeworking), the documents referred to in paragraph 1 shall be preserved without the need for (3) The head of the holding of the holding of the ballot may have the written record of the Vote on voting

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for establishments in which the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and in which the remaining minority does not represent more than 25 persons entitled to vote.

(4) The chief electoral officer shall send the records referred to in paragraph 1 for the written vote, on request, to the heads of the holding of the holding ballot. Unofficial table of contents

Section 42 Procedure in the vote

(1) Voting shall be carried out in such a way as to ensure that the voter

1.

the ballot papers are marked in a personal way and thus folded and closed in the associated electoral envelopes, that the ballot shall be discernable only after the ballot paper has been folded apart,

2.

sign the pre-printed declaration, stating the place and date, and

3.

the election envelopes and the signed pre-printed statement in the envelope shall be closed and the ballot letter shall be sent to the head of the ballot box in good time or shall be handed over to the ballot box in time for the ballot to be submitted before the vote is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the vote shall record the vote separately in the voters ' list for each ballot, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 4
random down, notifications

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Section 43 Election

Once it has been determined who is elected, the main electoral officer shall determine separately for each ballot in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

in the case of proportional representation, the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the nominations;

6.

in the case of a majority vote, the figures of the votes cast on the individual candidates;

7.

the names of the elected members of the Supervisory Board;

8.

the names of the replacement members elected for each member of the Supervisory Board;

9.

special incidents or other events that have occurred during the election.

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Section 44 Announcement of the results of the election, notification of the elected

(1) The main election Board shall transmit the result of the election and the names of the elected representatives of the election of the holding of the holding of the holding. The election result and the names of the elected representatives shall be notified immediately for a period of two weeks. (2) At the same time, the main election officer shall notify the elected person in writing of their choice and shall forward the following to the election result. The election results and the names of the elected representatives of the companies whose employees took part in the election and the unions represented in those companies. Unofficial table of contents

Section 45 Storage of the electoral markets

The Board of Directors and each Board of Management handed over the Wahlacts to the company in whose Supervisory Board the Supervisory Board members of the employees were elected. This company shall keep the electoral markets for a period of at least five years.

Chapter 3
Election of Supervisory Board members of employees by delegates

Section 1
Election of Delegates

Subsection 1
Delegate with Multiple Mandate

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§ 46 Delegates elected for the election of Supervisory Board members of several companies

In accordance with this Regulation, the employees of a dependent group undertaking shall participate in the election of members of the Supervisory Boards of several dominant companies and shall begin the terms of office of these Supervisory Board members within a period of not more than 12 months, the operating ballot boards of the dependent undertaking may decide that, in that undertaking, members of the supervisory board of the dominant undertakings shall participate in the elections, provided that such members of the supervisory board are by delegates to be elected, delegates are elected only once (Delegate with Multiple Mandate). The decision may only be taken before the election letter is issued for the election of the delegates. Unofficial table of contents

§ 47 No choice of delegates, insofar as delegates with multiple mandate are already elected within the framework of another electoral procedure

(1) If the members of the Supervisory Board of the employees are to be elected by delegates, a choice of delegates shall not take place, to the extent that, in accordance with § 46 sentence 1 for the election of the members of the Supervisory Board of another company, delegates already have (2) The operating elector of the dependent company referred to in § 46 sentence 1 shall issue a notice. Where the undertaking consists of a number of establishments, the main electoral officer shall issue the contract notice and send it to the holding election officers. Section 23 (4) and (5) shall apply.

Subsection 2
Initiation of election

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Section 48 Invoice of the number of delegates

(1) If it is established that the members of the Supervisory Board of the employees are to be elected by delegates, the head of the Board of Directors shall communicate this to the operating election boards. In the communication, the main electoral officer determines the date by which each head of the holding is to inform him of the result of the election of the delegates. (2) Each main election report shall be calculated on the basis of the results of the election of the members of the holding of the holding of the holding of the holding of the holding of the holding of the holding (3) The number of persons entitled to vote in a holding shall be divided by 90 for the number of delegates to be elected in a holding. Partial figures shall be counted fully if they are at least half the full number. (4) The calculation referred to in paragraph 3 shall be given in a holding more than

1.

25 delegates, the number of delegates to be elected shall be reduced to one half; these delegates shall receive two votes;

2.

50 delegates, the number of delegates to be elected shall be reduced to one third; these delegates shall receive three votes;

3.

75 delegates, the number of delegates to be elected shall be reduced to one quarter; these delegates shall receive four votes each;

4.

100 delegates, the number of delegates to be elected shall be reduced to one fifth; these delegates shall receive five votes each;

5.

125 delegates, the number of delegates to be elected shall be reduced to one sixth; these delegates shall receive six votes each;

6.

150 delegates, the number of delegates to be elected shall be reduced to one seventh; these delegates shall receive seven votes each.

Partial numbers are fully counted if they are at least half of the full number. Unofficial table of contents

Section 49 Assignment of employees to other establishments

(1) In accordance with § 48, the employees of an establishment are not subject to a delegate, the head of the main election shall remove these workers from the copy of the list of voters in the holding. (2) The main electoral board shall determine whether the persons referred to in paragraph 1 of this Article shall not the voters ' list of a worker to be employed for the election of the delegates in accordance with Article 9 (2) of the Act as employees of the establishment of the principal place of business of the undertaking or as a worker of the person entitled to vote in accordance with the number of persons entitled to vote largest operation of the company. The main electoral board shall include these workers in the copy of the list of voters of the holding which is available to him, as the employee of which they shall be subject to the election of the delegates. According to the assignment, the number of delegates of the affected farms is to be recalloyed (§ 48). Unofficial table of contents

Section 50 Communications of the main electoral board

(1) The main electoral officer shall immediately, after the calculation of the number of delegates (§ 48) or, if an assignment (section 49, para. 2) has been assigned to another establishment, inform each operating election Board immediately after the determination of the number of delegates (§ 48) Mapping with:

1.

the members of the Supervisory Board are to be elected by delegates;

2.

a decision that the delegates to be elected should also take part in the election of the members of the Supervisory Board of employees of other undertakings; the other undertakings shall be indicated;

3.

the number of delegates to be elected;

4.

the surnames and first names of the workers to be deleted from the list of voters in accordance with section 49 (1), and the holding to which they have been assigned;

5.

the surnames, first names and dates of birth of the workers to be included in the list of voters of the holding in accordance with Article 49 (2), first sentence, and 2, first and second sentences, and the holding from whose voters ' lists they have been deleted;

6.

the date by which each head of the holding has to communicate the result of the election of the delegates to the main electoral officer.

(2) The main electoral board shall immediately send a copy of its communication (paragraph 1 (5)) to the operating ballot board of the establishment, to which he/she is entitled to vote, to the head of the holding of a holding whose voters list must be entitled to vote (paragraph 1 (5)). Persons entitled to vote are assigned. The head of the holding of the holding from whose electoral list shall be eligible to vote and the head of the holding of the holding to which those persons are entitled shall make the communication referred to in paragraph 1 (5) in the same way as the electoral letter for the election of the delegates (§ 51). Unofficial table of contents

Section 51 Election letters for the election of the delegates

Immediately after receipt of the notice referred to in § 50, the head of the operating election shall issue a letter of voter for the election of the delegates. It must contain the following information:

1.

the date of its adoption;

2.

the members of the Supervisory Board are to be elected by delegates;

3.

whether the operating electoral boards have decided, in accordance with section 46, that the delegates to be elected should also participate in the election of the members of the supervisory board of employees of other companies; the other companies must be indicated;

4.

that only workers who are registered in the voters ' list can participate in the election and in voting;

5.

that the delegates are elected by all persons entitled to vote;

6.

the number of delegates to be elected;

7.

that nominations for the election of the delegates may be submitted in writing to the head of the holding of the works election within two weeks from the date of the ballot of the ballot; the last day of the deadline shall be stated;

8.

the minimum number of persons entitled to vote, of which an election proposal for delegates must be signed;

9.

that the number of candidates in each election proposal should be at least twice as high as the number of delegates to be elected;

10.

the vote is subject to election proposals and that only those nominations which have been submitted within the time limits of the head of the election of the holding of the ballot box may be taken into consideration;

11.

that, if only a valid nomination is submitted, so many of the candidates listed in it shall be considered as elected in the order indicated, as delegates;

12.

where and how voters can become aware of the election proposals;

13.

the place, day and time of the vote in favour of the election of the delegates;

14.

the place and the time of the public counting of votes;

15.

an indication of the possibility of the written vote as well as of the operating parts, micro-enterprises and establishments, for the written vote in accordance with section 61 (3) of this Regulation;

16.

that objections, requests, nominations for the election of delegates and any other statements to the head of the holding of the holding are to be made;

17.

the address of the operating election board.

Section 23 (4) and (5) shall apply mutas to the announcement of the voter's vote.

Subsection 3
Nominations for Delegates

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Section 52 Submission of election proposals

(1) In order to elect the delegates, the persons entitled to vote in the holding may make election proposals. Any nomination for a delegate must be signed by one-twentieth or 50 of the persons entitled to vote. Nominations shall be submitted in writing within two weeks of the adoption of the ballot letter for the election of the delegates to the head of the operating election. The number of candidates in each nomination shall be at least twice as high as the number of delegates to be elected. (2) In each nomination, the candidates shall be in a recognizable order, with the number of candidates running, and the number of candidates in the nomination. Family name, first name, date of birth and type of employment to be listed. The written consent of the candidates for inclusion in the nomination and their written assurance that they will accept the election in the event of their election shall be accompanied by. (3) For each nomination, one of the signatories shall be deemed to have been a member of the Proposal representatives shall be designated. It is entitled and obligated to make the declarations required for the elimination of complaints and to accept statements and decisions of the head of the business election board to the head of the company. If no representative has been expressly appointed, the first representative shall be regarded as the representative of the nomination. (4) The signature of a person entitled to vote shall be counted only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall declare, at the request of the Management Board, within a reasonable period of time, but no later than three working days, to declare the signature of the nominations. If the timely declaration is not made, its name shall be counted on the nomination first submitted and shall be deleted on the other nominations; shall be accompanied by a number of nominations signed by the same person entitled to vote, at the same time as: (5) An applicant can only be proposed on an election proposal. If the written consent of his name (second sentence of paragraph 2) is listed on a number of nominations, he shall, at the request of the Board of Management, declare within three working days what application he/she shall uphold. If the declaration is not made on time, the candidate shall be deleted on all nominations. Unofficial table of contents

Section 53 Examination of nominations

(1) The Board of Management shall confirm in writing to the proposed representative the date of the submission of the nomination. (2) The Executive Board shall designate the nomination if it is not provided with a password, with a surname and First name of the applicant named in the first place. He shall immediately examine the nomination of the nomination and, in the event of invalidity or complaint, shall inform the nomination representative in writing, stating the reasons for the nomination. Unofficial table of contents

§ 54 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted in due time;

2.

on which the candidates are not listed in a recognizable order;

3.

which do not have the required number of signatures during the submission process.

(2) Electoral proposals,

1.

in which the candidates are not designated in the manner specified in Article 52 (2) sentence 1;

2.

which are not accompanied by the written consent and insurance of the candidates pursuant to section 52 (2) sentence 2;

3.

which, as a result of any deletions pursuant to Article 52 (4), no longer have the required number of signatures;

shall not be valid if the head of the holding has complain of them and the deficiencies have not been remedied within three working days of the complaint. Unofficial table of contents

§ 55 Grace period for election proposals

(1) If, at the end of the period specified for the submission of nominations, there is no valid nomination, the Management Committee shall immediately publish a notice and shall set a grace period of one week for submission of election proposals. The notice shall contain the following information:

1.

the date of their adoption;

2.

that no valid nomination has been submitted;

3.

Nominations may be submitted in writing to the head of the election of the holding of the ballot box within a period of grace of one week since the publication of the notice; the last day of the deadline shall be indicated.

(2) If a valid nomination is not submitted until the expiry of the grace period for a ballot, the Management Committee shall immediately announce that the election of the delegates shall not take place in this respect. (3) For notices referred to in paragraphs 1 and 2 shall apply mutatily to Section 23 (4) and (5). Unofficial table of contents

Section 56 Announcement of election proposals

(1) If a number of nominations have been submitted, the head of the operating election shall determine the order of the order numbers filed by lot after the expiry of the time limits referred to in § 52 (1) sentence 3, § 54 (2) and § 55 (1) sentence 1 Nominations for nominations (nominations 1, 2, etc.). The nominees must be invited in due time. (2) By no later than two weeks before the first day of the vote, the head of the holding of the ballot box shall make known the valid nominations in the same way as the electoral letter for the voting time of the vote. Election of the delegates. If only a valid nomination is proposed, the Management Committee shall indicate in the notice that so many of the candidates listed therein shall be deemed to be elected in the order indicated, as delegates shall be elected.

Subsection 4
Election of delegates on the basis of several nominations

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Section 57 Voting, electoral process

(1) In the case of several valid nominations, the voter may cast his vote only for one of those nominations. Voting shall be carried out by issuing ballot papers. (2) The head of the operating election shall have the nominations on the ballot papers according to the order of the order numbers, and the candidates nominated in the first and second positions shall be given the following: Family name, first name and type of employment to be listed among themselves; in the case of election proposals which are provided with a password, the password must also be specified. The ballot paper should contain the indication that only one nomination can be ticked. The ballot papers must all have the same size, colour, texture and inscription. (3) The voter shall mark the nomination of the elector by ticking at the place provided for in the ballot paper. § § 15 and 16 are to be applied accordingly for the election process; the vote is to be noted in the voters ' list. (4) Invalidity are ballots,

1.

in which more than one nomination has been proposed;

2.

from which a clear will does not arise;

3.

which are provided with a special feature;

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

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Section 58 Public counting of votes

(1) As soon as the ballot has been concluded, the head of the Management Committee shall publicly count the votes. (2) After the ballot box has been opened, the head of the election ballot shall take the ballot paper and count the votes cast on each nomination (3) The validity of the ballot papers shall be considered in the case of the counting. If there is a ballot with a number of marked ballot papers in the ballot box, the ballots are simply counted if they completely agree, otherwise they are invalid. (4) In the use of voting machines § 19 para. 4 applies accordingly. Unofficial table of contents

Section 59 Determination of the elected

(1) The number of votes allocated to the individual nominations shall be placed side by side in a row and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are sorted out and the size is sorted according to how delegates are to be selected. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number eligible for a number of nominations falls, it shall decide which nomination is to be submitted by that seat. (2) If a nomination contains fewer candidates than the maximum number of candidates, it shall be deemed to have been less than the maximum number of candidates. (3) The order of candidates within each nomination shall be determined in accordance with the order in which they are appointed.

Subsection 5
Identification of delegates in the event of only one election proposal

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Section 60 Determination of delegates in the event of only one election proposal

(1) If only a valid nomination is proposed, so many of the candidates listed in the nomination shall be deemed to be elected in the order indicated in the nomination, as delegates shall be elected. (2) The Management Committee shall immediately after completion of the election the choice of delegates shall determine which delegates referred to in paragraph 1 shall be deemed to be elected.

Subsection 6
Written vote

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Section 61 Conditions

(1) A person entitled to vote who, at the time of the election, is prevented from holding his/her vote due to absence from the holding, shall have the right to vote at his request.

1.

the electoral letter,

2.

the nominations, the ballot papers and the ballot paper,

3.

a pre-printed statement to be issued by the voter, in which it is to be insured against the holding of the holding, that the ballot paper has been personally marked, and

4.

a major clearance which bears the address of the board of management and the name and address of the person entitled to vote and the address of the person entitled to vote and the words "written vote",

to be handed out or sent over. The head of the holding of the holding should also hand out or send a leaflet to the person entitled to vote on the manner in which the written vote (§ 62) is used. The head of the board of operations shall record the handover or transmission of the documents in the voters ' list. (2) Voter entitled to vote, which is known to the head of the holding of the holding, that at the time of the election, they shall be entitled to the peculiarity of their choice. Employment relationships are not expected to be present in the holding (especially in the field of external service, teleworking and homework), and employees who are assigned to the holding in accordance with section 49 (2) shall receive those referred to in paragraph 1. (3) The documents referred to above shall not be required to be required by the person entitled to vote. Ballot box may decide to vote in writing

1.

for operating parts and micro-enterprises, which are located at a distance from the main holding,

2.

for establishments in which the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and in which the remaining minority does not represent more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 62 Procedure in the vote

(1) Voting shall be carried out in such a way as to ensure that the voter

1.

the ballot papers are marked in a personal manner and thus folded and closed in the associated electoral envelopes, that the ballot is only recognizable after the ballot paper has been folded apart;

2.

sign the pre-printed declaration, stating the place and date, and

3.

the election envelopes and the signed pre-printed statement in the envelope shall be closed and the ballot letter shall be sent to the head of the ballot box in good time or shall be handed over to the ballot box in time for the ballot to be submitted before the vote is completed.

(2) Immediately before the closing of the vote, the head of the Management Board shall open the ballot letters received up to this point in the public meeting and take out the envelopes and the pre-printed declarations. If the written vote is duly carried out, the head of the holding of the ballot box shall record the vote in the voters ' list, open the ballot boxes and place the ballot papers in the ballot box. If there are several marked ballot papers in an election envelope, they will be placed in the ballot box in the ballot box. (3) Late incoming ballot letters will be unopened by the head of business with a note on the date of receipt. to the electoral documents. The ballot letters shall be unopened one month after the announcement of the result of the election of the members of the Supervisory Board of the employees, if the election has not been contested.

Subsection 7
random down, notifications

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Section 63 Election

(1) After the determination of who is elected as a delegate, the head of the operating election shall establish in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

the figures for the votes cast on the individual nominations, the calculated maximum figures and their distribution to the nominations;

6.

the nomination, the nominee of which shall be deemed to be elected (§ 60);

7.

for each nomination separately the names and addresses

a)

of the elected delegates,

b)

of the replacement delegates

in the order in which they were appointed;

8.

special incidents or other events that have occurred during the election.

(2) The operating electoral board shall immediately transmit the election document to the main electoral board, by telex or by messenger. Unofficial table of contents

Section 64 Announcement of the results of the election, notification of the elected

(1) The head of the operating election shall immediately disclose the result of the election and the names of the elected representatives for a period of two weeks. (2) At the same time, the head of the operating election shall notify the elected person in writing of their choice. If the delegates have a multi-mandate according to § 46, this shall be indicated in the notification.

Subsection 8
Exception

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§ 65 Exception

The provisions of subsections 1 to 7 shall not apply to establishments in which, in accordance with the provisions of this Regulation, delegates have already been elected, whose term of office shall be held at the start of the term of office of the members of the Supervisory Board to be elected. Workers have not yet ended (Section 10a of the Act).

Section 2
Election of the members of the Supervisory Board of the employees by the delegates

Subsection 1
Delegates ' Meeting, List of Delegates

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§ 66 Assembly of Delegates

(1) The delegates shall elect the members of the Supervisory Board of the employees in a meeting (Assembly of Delegates). It is headed by the chief electoral board. (2) The main electoral board determines the day of the Assembly of Delegates. It shall take place no later than four weeks after the date of the date of notification of the election of the delegates of the main election pursuant to Section 50 (1) no. 6 of the Board of Management. If delegates with multiple mandates have already been elected in the Group companies within the framework of another electoral procedure (Section 47 (1)), the Assembly of Delegates shall be elected no later than four weeks before the beginning of the term of office of the Members of the Supervisory Board of employees. Unofficial table of contents

§ 67 Delegate List

(1) The main electoral board shall draw up a list of the delegates (list of delegates). (2) After the name of each delegate, it should be noted how many votes he has. (3) The inspection of the list of delegates, the law and this regulation, is to be found in the Delegate assembly to the conclusion of the vote. The list of delegates intended for inspection shall not include the dates of birth of the delegates. The inspection can be made possible by design and by the use of the information and communication technology available in the company. Unofficial table of contents

§ 68 Proclaims against the correctness of the list of delegates

(1) Claims against the correctness of the list of delegates may be lodged with the main election board before the voting begins. (2) The main election board shall decide immediately on objections under paragraph 1. If an objection is justified, the head of the main election shall correct the list of delegates. The main electoral board shall immediately communicate its decision to the person who filed the opposition. (3) Before the vote begins, the main electoral board should check the list of delegates for the correctness of the vote. Moreover, the list of delegates may be corrected or supplemented only in the event of writing errors, apparent inaccuracies or in the event of any objections filed in good time before the vote begins.

Subsection 2
Communication to the Delegates

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Section 69 Communication to the Delegates

(1) The main electoral board shall communicate to each delegate no later than two weeks before the day of the Assembly of Delegates:

1.

that only delegates who are registered in the list of delegates can participate in the election and in votes;

2.

that the participation in the list of delegates, the law and this regulation will be made possible in the Assembly of Delegates;

3.

that objections to the correctness of the list of delegates may be lodged with the main electoral board prior to the start of the vote;

4.

the members of the Supervisory Board shall be elected by all delegates;

5.

how many votes are to the delegate;

6.

that the vote is subject to election proposals;

7.

the place, day and time of the Assembly of Delegates and the public counting of votes;

8.

the address of the main electoral board.

The notification shall be made in writing against the receipt of the notice of receipt or by registered letter. (2) The main election Board shall send copies of the notification referred to in paragraph 1 to the operating election officers, to the group companies and to those in these companies. (3) The chief electoral officer states that the term of office of a delegate

1.

Through the establishment of the Office,

2.

by ending the employment of the delegate in the holding, whose delegate he is,

3.

by loss of eligibility

(§ 10b para. 2 sentence 1 of the Law) is terminated prematurely (Section 10b (2) sentence 1 of the Law), he agrees to the substitute delegates (Section 10b (2) sentence 2 of the Law) in the same way as the delegates. (4) Presents a delegate that it is prevented, he shall communicate this to the head of the holding of the holding. If a holding member of the holding company finds that the term of office of a delegate is terminated prematurely or that he is prevented from doing so, he shall inform the head-office of the general election accordingly.

Subsection 3
Election of several members of the Supervisory Board of employees in one ballot on the basis of several election proposals

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Section 70 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and a number of valid nominations are available for this ballot, the delegate may cast his vote only for one of those nominations. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. The concept of voting within the meaning of this section shall be determined in accordance with Article 24 (4) (2). The main election Board shall have the nominations on the ballot papers according to the order of the order numbers as well as the first and second positions. to list the names of candidates with a surname, first name, type of employment, company and establishment; the password must also be given in the case of election proposals which are provided with a password. The ballot paper is intended to contain the indication that the delegate can only tick an election proposal. Ballot papers used for the same ballot shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes if electoral envelopes are used. The ballot papers and ballot papers used for a ballot must be different from the ballot papers and ballots provided for the other ballots. (3) The delegate shall identify the nomination of the ballot paper and shall identify the ballot papers and envelopes in the ballot. (3) Nomination by ticking at the place provided for in the ballot. § § 15 and 16 are to be applied accordingly; the vote is to be recorded separately in the list of delegates for each ballot and for each vote. (4) Invalidity are ballot papers,

1.

in which more than one nomination has been proposed;

2.

from which a clear will does not arise;

3.

which are provided with a special feature;

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

(5) The main electoral Board may decide to apply Section 15 (3) with the proviso that ballot papers shall be unfolded and cast into the ballot box in election envelopes if the proposed voting procedure requires unfolded ballot papers. Unofficial table of contents

Section 71 Public counting of votes

(1) As soon as the ballot has been concluded, the main election Board shall publicly count the votes. (2) After the ballot box has been opened, the main election Board shall accept the ballot papers and shall count the ballots for each ballot separately for each election proposal. (3) The validity of the ballot papers shall be considered in the case of the counting. If electoral envelopes are used and there are several marked ballot papers in an election envelope, they shall be counted in a simple manner if they are completely identical, otherwise they shall be invalid. (4) The use of voting machines shall apply to § 19. Paragraph 4 accordingly. Unofficial table of contents

Section 72 Determination of the elected

(1) The number of votes allocated to the individual nominations in the ballot shall be placed side by side in a row and all by 1, 2, 3, 4, etc. shared. The partial numbers determined are to be listed successively below the numbers of the first row, until higher partial numbers are no longer incurred than those from previous series for the allocation of seats. Among the partial numbers found in this way, so many maximum numbers are separated and the size is sorted according to how members of the Supervisory Board are to be elected in the election. Each nomination shall be allocated as many seats as the maximum number shall be allocated to it. If, at the same time, the lowest number eligible for a number of nominations falls, it shall decide which nomination is to be submitted by that seat. (2) If a nomination contains fewer candidates than the maximum number of candidates, it shall be deemed to have been less than the maximum number of candidates. (3) The order of the candidates within each nomination shall be determined by the order in which they are appointed. (4) With the election of an applicant, this is in the election proposal next to the elected Candidate listed substitute member of the Supervisory Board.

Subsection 4
Election of several members of the Supervisory Board of employees in one ballot on the basis of only one election proposal

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Section 73 Voting, electoral process

(1) If several members of the Supervisory Board of the employees are to be elected in one ballot and only a valid nomination is proposed for this ballot, the delegate may cast his vote only for the candidates listed in the nomination. A separate vote for a substitute member of the Supervisory Board is not permitted. Voting shall be carried out by issuing ballot papers. If a delegate has several votes, he or she shall give a ballot for each vote. (2) The main electoral board shall have the candidates on the ballot papers with the name of the surname, first name, type of employment, company and establishment with each other in the of the order in which they are named in the nomination. If, together with the applicant, a substitute member has been proposed for the applicant, the substitute member shall be listed on the ballot in addition to the applicant; the first sentence shall be applied accordingly. The ballot papers shall contain the indication of how many candidates of the delegates can tick. § 70 (2) sentence 3 shall be applied. (3) The delegate shall identify the persons elected by him by crossing at the points provided for this purpose in the ballot paper. He must not tick more applicants than the members of the Supervisory Board are to be elected in the ballot. § 70 (3) sentence 2 shall apply accordingly. (4) Invalid shall be ballot papers,

1.

where more applicants are to be chosen than to vote in the election of Supervisory Board members;

2.

from which a clear will does not arise;

3.

which are provided with a special feature;

4.

the information other than those referred to in paragraph 2, an addition or any other changes.

(5) § 70 (5) shall apply. Unofficial table of contents

Section 74 Public counting of votes

(2) After the ballot box has been opened, the head of the ballot shall take the ballot paper and count for each ballot separately the amount of the ballot to be paid to each candidate. Voices together. Section 71 (3) shall apply. If an applicant has repeatedly been crossed on a ballot, this counts as one vote. (3) In the case of the use of voting machines, § 19 (4) applies accordingly. Unofficial table of contents

Section 75 Determination of the elected

So many applicants are elected as members of the Supervisory Board, according to the order of the number of votes they have received. In the event of a tie, the lot shall decide. Section 72 (4) shall apply.

Subsection 5
random down, notifications

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Section 76 Election

Once it has been determined who is elected, the main electoral officer shall determine separately for each ballot in a minutes:

1.

the number of votes cast in voting machines;

2.

the total number of votes cast;

3.

the number of valid votes;

4.

the number of invalid votes;

5.

in the case of proportional representation, the figures of the votes cast on the individual election proposals, the calculated maximum numbers and their distribution to the nominations;

6.

in the case of a majority vote, the figures of the votes cast on the individual candidates;

7.

the names of the elected members of the Supervisory Board;

8.

the names of the replacement members elected for each member of the Supervisory Board;

9.

special incidents or other events that have occurred during the election.

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Section 77 Announcement of the results of the election, notification of the elected

(1) The main electoral board shall announce the result of the election and the names of the elected representatives in the Assembly of Delegates. (2) The main electoral board shall forward the election result and the names of the elected members of the election to the election of the holding of the election of the holding of the election. The election result and the names of the elected representatives shall be notified immediately for a period of two weeks. (3) At the same time, the main election officer shall notify the elected person in writing of their choice and shall forward the following to the election result. The election results and the names of the elected representatives of the Group companies and the unions represented in these companies. Unofficial table of contents

Section 78 Storage of the electoral markets

The chief electoral officer and each member of the company electoral council handed over the electoral markets to the dominant company. This company shall keep the electoral markets for a period of at least five years.

Part 2
Dismise of Supervisory Board members of employees

Chapter 1
Common rules

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Section 79 Initiation of the appeal procedure

(1) A request for the dismise of a member of the Supervisory Board of the employees pursuant to Section 10m (1) of the Act shall be submitted in writing to the Group Works Council. If there is no Group Works Council, the application shall be submitted to the General Works Council or, if there is no such request, to the Works Council of the ruling undertaking. If there is no works council in this company, the application must be submitted to the General Works Council of the largest other group company in which a works council exists, or, where the other Group company is concerned, to the largest group of companies. (2) immediately after receipt of an application for a dismise, the main electoral board shall be formed unless the application does not appear to be in conformity with the second sentence of § 10m (1) sentence 2 of the Act Requirements. (3) For the tasks, education, composition and The management of the electoral boards shall be subject to the provisions of § § 2 to 6; the communication of the main electoral board in accordance with § 5 must also contain the content of the application for dismise. The election of the member of the Supervisory Board, whose dismise is requested, must be handed over to the main electoral board. Unofficial table of contents

Section 80 List of employees entitled to the contract

If the appointment of a member of the Supervisory Board of the employees is requested, a list of the persons entitled to vote shall be drawn up immediately after the formation of the operating election board in each establishment, according to § 10m (1) sentence 2 of the law for the dismissiation of this Supervisory Board member are entitled to apply. § § 7 to 10 are to be applied accordingly; the announcement according to § 8 paragraph 2 must also contain the content of the application for dismise. Unofficial table of contents

Section 81 Examination of the application for dismise

(1) The main electoral officer shall immediately check the validity of the application for a dismise after sending the lists of eligible employees. (2) If an application is invalid, the head of the nomination shall inform the applicant or, if a request has been made, that the application is not valid. is not designated, in writing to the first signatory and to the holding election management. Each member of the Management Committee shall communicate the communication for a period of two weeks. Unofficial table of contents

Section 82 Applicable Provisions

(1) If a valid application is present, the main electoral board shall determine whether the Supervisory Board member, whose dismise is requested, has been elected by direct election or by a delegate. (2) If the Supervisory Board member is a member of the Supervisory Board, the appointment of the Supervisory Board member shall be the subject of the request. (3) If the member of the Supervisory Board who is requested to be convened has been elected by a delegate, the appointment of the Supervisory Board member shall be subject to the following conditions: the further recovery procedure in accordance with the provisions of Chapter 3.

Chapter 2
Vote on the convening of a member of the Supervisory Board elected by direct election

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§ 83 Letter of Appeal, Voter List

(1) The main electoral officer shall issue a revocative letter without delay. The vote shall take place within four weeks since the date specified for the publication of the letter of appeal. (2) The letter of reappointment must contain the following information:

1.

the date specified for the contract notice;

2.

the content of the application;

3.

the name of the applicant;

4.

the number of workers who have signed the application;

5.

that only workers who are registered in the voters ' list can participate in the vote;

6.

the decision on the convening of a majority of three-quarters of the votes cast shall be required;

7.

the day or days of the vote.

§ 13 (3) (1) to (3) and Section 23 (3) to (5) shall apply mutas to the publication of the appeal letter. (3) In each establishment, a list of the persons entitled to vote (voters ' list) shall be immediately listed for the convening of the contract. established. § § 7 to 10 shall apply accordingly. Unofficial table of contents

Section 84 Voting, voting record, files

(1) For the vote, § § 14 to 21 shall apply. (2) The main electoral committee shall transmit the voting result in writing

1.

the operating election management,

2.

the member of the Supervisory Board who has been appointed to the convening of the Supervisory Board,

3.

the trade union which has submitted a request for a dismise (§ 10m (1) sentence 2 (2) of the Law),

4.

the company.

§ 81 (2) sentence 2 is to be applied. (3) To the files resulting from a request for the convocation, § 45 shall be applied accordingly.

Chapter 3
Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate

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§ 85 List of Delegates

The main electoral board shall immediately draw up a list of delegates (list of delegates) for the convening of the convocation. § 7 (1) sentence 2 and 3, para. 2 and 4, § 67 (2) and (3) and § 68 are to be applied accordingly. Unofficial table of contents

Section 86 Assembly of Delegates, Communication of the main electoral board to the delegates

(1) The delegates shall vote on the request for convening in a Assembly (Assembly of Delegates). The Assembly of Delegates is to take place within six weeks of the finding that a valid application for the dismise of a member of the Supervisory Board elected by a delegate is present. (2) The Board of Delegates shall convene the Board of Directors. (2) Delegate in writing against receipt of receipt or by registered letter to the Assembly of Delegates; § 69 (2) to (4) shall apply accordingly. The communication according to the first sentence shall be sent to the delegates not later than two weeks before the Assembly of Delegates. (3) The communication shall contain the following information:

1.

the content of the application;

2.

the name of the applicant;

3.

the number of workers who have signed the application;

4.

that only delegates who are registered in the list of delegates can participate in the vote;

5.

that the participation in the list of delegates, the law and this regulation will be made possible in the Assembly of Delegates;

6.

that objections to the correctness of the list of delegates may be lodged with the main electoral board prior to the start of the vote;

7.

the decision on the convening of a majority of three-quarters of the votes cast shall be required;

8.

how many votes are to the delegates;

9.

the place, day and time of the Assembly of Delegates and the public counting of votes;

10.

the address of the main electoral board.

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Section 87 Voting, voting record, files

§ 14 (1) and (3), § § 15, 16, 19, 21 and 70 (1) sentence 3 and 4, subsection (2) sentence 3 and (5) as well as § § 71, 77 and 84 (2) and (3) shall apply accordingly for the vote, the voting record and the retention of the files.

Chapter 4
Spare Members

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§ 88 Spare Members

The provisions of Chapters 1 to 3 shall apply mutatily to the convening of replacement members (Section 10m (4) of the Act).

Part 3
Special provisions for the election and dismise of the members of the Supervisory Board of employees in the event of the participation of employees of Seeundertakings

Chapter 1
Principle

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Section 89 Principle

If employees of a holding designated in § 10h (1) of the Act are also part of the election or the convocation, the provisions of Part 1 or part 2 shall also apply in addition to the provisions of Part 1 or Part 2.

Chapter 2
Election of members of the Supervisory Board of employees

Section 1
Introduction of the election, vote on the nature of the election, election proposals

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Section 90 Introduction of the election

(1) The time limit referred to in § 1 (1) sentence 1 shall be extended to 50 weeks. (2) In the notice referred to in § 1, the number of employees employed in sea establishments (§ 10h para. 1 of the law) shall be disclosed separately. (3) For a Maritime operations will not be ordered by an operating electoral officer. The main electoral board shall carry out the duties of the board of business members arising from this Regulation in the operation of the sea. (4) Communications which are to be made known in the sea operation shall send the main electoral board to any ship belonging to the sea-holding operation and it shall inform the date from which they are to be made known on the ship. Communications shall be made known by the on-board representation or, if such is not the case, by the master. The first and the last day of the notice shall be noted on the notice. (5) The main electoral board shall send a copy of the voter's list of maritime operations, the law and this Regulation to each vessel belonging to the sea operation. Their inspection shall be made possible by the on-board representation or, if there is no such representation, by the master. The inspection may be made possible by interpretation at an appropriate place, accessible to the electorate, on board, and by the use of information and communication equipment available in the holding. In addition, the main electoral board shall send the voter's list of seafarers to the head of operation of the farm, which shall be responsible for the haggling conditions of the workers of the sea operation. This Board of Management allows the inspection of the voter list of the sea operation in the same way as in the list of voters referred to in § 7. (6) § 8 para. 2 shall not be applied in sea establishments. At the same time, the main electoral board sends a notice to the voters ' list in the maritime sector. It shall contain the following information:

1.

the date of their dispatch;

2.

the names of the members of the main electoral board and its address;

3.

that the inspection of the voter's list of maritime operations, the law and this regulation on board will be made possible;

4.

that the inspection of the voter's list of seafarers is also made possible in the farm, which is responsible for the haggling conditions of workers in the maritime sector;

5.

that objections to the correctness of the voters ' list can only be lodged in writing with the main electoral board within four weeks since they were sent; the last day of the deadline shall be indicated;

6.

objections to corrections and additions to the voters ' list may be lodged only within four weeks since the correction or the addition of the voter's list;

7.

that only workers who are registered in the voters ' list can participate in the election and in voting.

(7) By way of derogation from § 10 (1), in the maritime operation

1.

an objection to the correctness of the voter's list shall be lodged within four weeks since the voter's dispatch to the ships;

2.

an objection to a correction or addition to the voter list shall be lodged within four weeks since the correction or the addition.

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Section 91 Voting on the nature of the election

The workers of the sea establishments shall not participate in a vote on whether the election is to be made by delegates or directly, and shall remain in favour of the calculation of the figures required for the submission of the application and for the decision-making process. Employees are not eligible (Section 10h (3) of the Law); in the announcement according to § 11 and in the voting letter in accordance with § 13 it is to be pointed out. § § 11 to 22 shall not apply to sea establishments. Unofficial table of contents

Section 92 Announcement of the submission of election proposals

(1) The notice pursuant to section 23 (1) must also contain the following information in Seeestablishments:

1.

that the inspection of the voter's list of seafarers, the law and this Regulation shall be made possible on each vessel of the maritime operation by the onboard representation or, where such representation does not exist, by the master;

2.

that the inspection of the voter's list of seafarers is also made possible in the farm, which is responsible for the haggling conditions of workers in the maritime sector;

3.

that the nominations shall be made known by the captain of the board or, if not, by the captain of the board.

(2) The time limit for the submission of nominations referred to in § 23 (1) sentence 2 no. 3 and in § 24 paragraph 2 shall be extended to 13 weeks. (3) § 23 para. 3 sentence 2 and para. 4 shall not be applied in sea establishments; § 23 (3) sentence 1 shall apply accordingly; § The minimum period referred to in Article 30 (2), first sentence, for the publication of the nominations shall be extended to three weeks. It is necessary to obtain that the minimum period referred to in the first sentence between the date specified for the publication of the nominations on board and the beginning of the vote in the agricultural undertakings shall be subject to the time-limit for the voting of the employees of the If it is not sufficient, the chief electoral officer may extend this minimum period to a maximum of five weeks. § 23 (3) sentence 1 shall apply mutatily for the announcement of the election proposals in Seebetriebe and Section 90 (4) shall apply.

Section 2
Direct election of the members of the Supervisory Board of the employees

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§ 93 Letter of election in the maritime sector

(1) The letter of voter pursuant to section 32 (1) shall also contain the following information in Seeestablishments:

1.

that the workers of the sea-holding company shall vote in postal ballot;

2.

the date by which the ballot letters must be received by the head of the main election.

(2) § 32 (2) sentences 2 and 3 shall not apply for the publication of the voter's letter of voting in Seebetriebe; § 23 (5) and § 90 (4) shall apply. Unofficial table of contents

Section 94 Voting in the election of the members of the Supervisory Board of the employees

(1) The employees of Seebetriebe shall vote in the election of the members of the Supervisory Board of the employees in postal ballot. (2) At the same time, with the dispatch of the election proposals to the operating electoral boards (§ 30 para. 2 sentence 2), the employee shall send the election proposals to the employees of the Head of the election

1.

each vessel shall have the documents required for the submission of votes in a number exceeding the number of the rules of the ship ' s control by at least 10 per cent,

2.

all workers in the maritime sector who are aware of the fact that they are not on board a ship, the documents required for voting, and a copy of the voter's letter.

The on-board representation or, if there is no such representation, the master shall have to hand over to each crew member the documents required for the voting. The election letters of the crew members of a vessel shall be sent as simultaneously as possible to the head of the main election.

Section 3
Election of Supervisory Board members of employees by delegates

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§ 95 Election of Delegates

(1) Delegates are not elected at sea. § § 46 to 65 are not applicable to sea establishments. (2) The employees of Seebetriebe are directly involved in the election of the members of the Supervisory Board of the employees. Unofficial table of contents

Section 96 Election Letters in Seeoperated

(1) If it is established that the members of the Supervisory Board of the employees are to be elected by means of a delegate, the head of the Board of Directors shall issue a letter of election for the sole office of the Seebetriebe. It must contain the following information:

1.

the members of the Supervisory Board of the employees are elected by delegates;

2.

that no delegates are elected at sea;

3.

the workers of the sea undertakings are directly involved in the election of the members of the Supervisory Board of the employees;

4.

that only workers who are registered in the voter's list of maritime operations can participate in the election;

5.

the members of the Supervisory Board shall be elected by all persons entitled to vote in the maritime sector;

6.

the workers of the seagoing establishments shall choose in postal ballot;

7.

that each person entitled to vote in a maritime operation receives electoral documents for all the ballots and that he/she can cast his vote for all the ballots;

8.

that the vote is subject to election proposals;

9.

that the voice of a worker of a sea operation is counted as a ninety-one of the vote of a delegate;

10.

the date by which the ballot letters must be submitted to the main electoral board;

11.

the address of the main electoral board.

(2) § 23 (5), § 32 (2) sentence 1 and § 90 (4) are to be applied accordingly. Unofficial table of contents

Section 97 Voting of employees of seafarers

(1) The employees of Seebetriebe shall vote in the election of the members of the Supervisory Board of the employees in postal ballot. § § 41 and 42 are to be applied accordingly; by way of derogation from § 41 (1) sentence 1 no. 4, the free-change must bear the address of the main election board. (2) At the same time, with the dispatch of the election proposals to the operating electoral board (§ 30 para. 2 sentence) 2) the main electoral board shall send to each vessel the documents required for the election of the members of the Supervisory Board of the employees; section 94 (2) shall apply accordingly. Until the end of the day, the ballot letters must be available to the head of the general election before the meeting of the delegates. (3) By way of derogation from Section 66 (2) sentence 2, the Assembly of Delegates shall be required six weeks after the dispatch of the required voting time. Documents to be held. If it is to be obtained that this period is not sufficient for the proper voting of the workers of the seagoing establishments, the main electoral officer may extend it to a maximum of 10 weeks. (4) The rules on voting and voting (Articles 70 and 73) shall be applied to the workers of seafarers, in accordance with the following conditions:

1.

The persons entitled to vote shall be replaced by the delegates of the Maritime Operation.

2.

The ballot papers of the voters of the Seebetriebe will be placed in a separate ballot box.

(5) The rules on the counting of votes (§ § 71 and 74) shall apply accordingly to the workers of the sea establishments, subject to the following conditions:

1.

The votes of the voters of the Seebetriebe shall be counted separately.

2.

Each 90 of these votes are counted as one vote of a delegate. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. With more than 90 votes, a remainder of at least 45 votes will be counted as a vote of a delegate. The number of votes thus calculated shall be added to the number of votes cast by the votes cast by the delegates in the ballot for the nomination.

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Section 98 Election

§ 76 shall not apply to the voting document. Once it has been determined who is elected, the main electoral officer shall determine separately for each ballot in a minutes:

1.

the number of

a)

valid votes cast by the delegates,

b)

valid votes cast by workers at sea;

2.

the number of

a)

invalid votes cast by the delegates,

b)

invalid votes cast by workers at sea;

3.

for proportional representation

a)

the figures of the votes of the delegates falling on the individual nominations;

b)

the figures for the votes of the employees of the sea-operated workers on the individual election proposals and the conversion of these votes to the votes of the delegates in accordance with Article 97 (5) (2),

c)

the sums of the votes of the delegates and of the votes of the employees of the seafarers, which fall on the individual nominations,

d)

the calculated maximum figures and their distribution to the nominations;

4.

in the case of majority voting

a)

the figures of the votes of the delegates falling on the individual candidates,

b)

the figures of the votes cast by the employees of the seagoing industry on the individual candidates and the conversion of these votes to the votes of the delegates in accordance with Article 97 (5) (2),

c)

the sums of the votes cast by the delegates and the votes of the employees of the seafarers who have been converted to the individual candidates;

5.

the names of the elected members of the Supervisory Board;

6.

the names of the replacement members elected for each member of the Supervisory Board;

7.

special incidents or other events that have occurred during the election.

Chapter 3
Dismise of the members of the Supervisory Board of the employees

Section 1
Common provision

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Section 99 Joint provision

(1) In the case of a sea operation, an operating electoral code shall not be formed. The main electoral board shall carry out the duties of the Board of Management of the Management Board in the operation of the operation of the Management Board during the operation of the sea. By way of derogation from § 79 (3) sentence 1, the provisions of Sections 4 and 5 (2) shall not apply to sea establishments. Section 90 (6), first sentence, shall be applied accordingly in a sea operation. (2) § 90 (4) shall apply to communications which are to be disclosed in the sea-operated establishments.

Section 2
Vote on the convening of a member of the Supervisory Board elected by direct election

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§ 100 Letter of Appeal for Maritime Operations, voters ' list

(1) The time limit referred to in § 83 (1) sentence 2 shall be extended to six weeks. (2) The notice of reappointment pursuant to § 83 must also contain the information referred to in § 93 (1) for Seebetriebe. (3) § 90 (5) and (7) shall apply accordingly. Unofficial table of contents

Section 101 Voting

The workers of Seebetriebe vote in postal ballot. Section 94 (2) shall apply accordingly.

Section 3
Vote on the convening of a member of the Supervisory Board of the employees elected by Delegate

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Section 102 Direct vote, voter list, communication to delegates

(1) The workers of sea-operated persons shall participate directly in the vote on a request for the convocation. (2) At the same time as the list of delegates referred to in § 85 shall be drawn up, a list of the persons entitled to vote of the sea establishments shall be drawn up; § 83 (3) The time limit referred to in Article 86 (1) sentence 2 shall be extended to 11 weeks. The second sentence of Article 97 (3) shall apply mutatily, with the proviso that the main electoral officer may extend the time limit to a maximum of 14 weeks. Unofficial table of contents

Section 103 Abortion Letters for Maritime Operations

At the latest ten weeks before the Assembly of Delegates, the main electoral board shall issue a letter of revocation for seafarers. Section 83 (2) sentence 1, section 96 (1), second sentence, no. 3, 6 and 9 to 11 and paragraph 2 shall apply accordingly. Unofficial table of contents

Section 104 Voting, communication of the vote

The workers of Seebetriebe vote in postal ballot. Section 94 (2) shall apply accordingly. Section 14 (2) and § § 17, 18 and 87 shall apply accordingly to the employees of the Seeoperated company, with the following conditions:

1.

The persons entitled to vote shall be replaced by the delegates of the Maritime Operation.

2.

The ballot papers of these voters shall be placed in a separate ballot box.

3.

The votes of these voters shall be counted separately.

4.

Each 90 of these votes are counted as one vote of a delegate. If 90 votes are not reached, at least 45 votes shall be counted as one vote of a delegate. With more than 90 votes, a remainder of at least 45 votes will be counted as a vote of a delegate.

5.

Section 98, second sentence, Nos. 1 and 2, 4, 5 and 7 shall apply mutas to the voting document.

Part 4
First-time application, calculation of time limits

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Section 105 First-time application of the law to a company

(1) When the law is applied for the first time to a company, the company shall immediately notify the announcement of the composition of the Supervisory Board, referred to in Article 97 (1) of the German Stock Corporation Act, of the notice referred to in § 1 of the German Stock Corporation Act. (2) The electoral authorities shall be formed without delay in accordance with the notice referred to in § 1. In each establishment, the electoral list shall be drawn up immediately after the formation of the operating election board; § § 7 to 10 shall apply. (3) By way of derogation from the first sentence of Article 11 (1), the main electoral board shall be the one referred to in § § 11 and 23. 22 weeks prior to the expected start of the term of office of the members of the Supervisory Board of the employees to be elected. If the election also includes employees of a holding designated in § 10h (1) of the Act, the period referred to in sentence 1 shall be extended to 46 weeks. Unofficial table of contents

Section 106 Calculation of time limits

In order to calculate the time limits laid down in this Regulation, Articles 186 to 193 of the Civil Code shall be applied accordingly. Working days for the purposes of this Regulation are the days of the week from Monday to Friday, with the exception of the public holidays.