Workshops-Miteffectiveness Ordinance (WMVO)

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WMVO

Date of completion: 25.06.2001

Full quote:

" Werkstätten-Mitineffective regulation of 25 June 2001 (BGBl. I p. 1297) "

Footnote

(+ + + Text evidence from: 1. 7.2001 + + +) Unofficial table of contents

Input formula

On the basis of § 144 (2) of the Ninth Book Social Code-Rehabilitation and Participation of Disabled People-(Article 1 of the Law of 19 June 2001, BGBl. 1046, 1047), the Federal Ministry of Labour and Social Affairs is responsible for: Unofficial table of contents

Content Summary

Section 1
	Scope, establishment, composition and tasks of the Workshop Council
§ 1				Scope
§ 2				Erection of works statutes
§ 3				Number of members of the Workshop Council
§ 4				General tasks of the Workshop Council
§ 5				Participation rights of the Workshop Council
§ 6				Switching Center
§ 7				Facility rights of the Workshop Council
§ 8				Cooperation
§ 9				Workshop meeting
Section 2
	Election of the Workshop Council
		Subsection 1
			Voting rights and eligibility; timing of elections
§ 10				Eligibility
§ 11				Eligibility
§ 12				Date of elections to the workshop
		Subsection 2
			Preparation of the election
§ 13				Appointment of the electoral board
§ 14				Duties of the electoral board
§ 15				Preparation of the list of eligible voters
§ 16				Publication of the list of persons entitled to vote
§ 17				Objection to the list of persons entitled to vote
§ 18				Select Letter
§ 19				Nominations
§ 20				Announcement of applicants and applicants
		Subsection 3
			Implementation of the election
Section 21				Voting
Section 22				Election
Section 23				Determination of the results of the election
§ 24				Notification of the elected and acceptance of the election
Section 25				Announcement of the elected
Section 26				Retention of electoral documents
§ 27				Election Appeal
§ 28				Electoral protection and election costs
Section 3
	The term of office of the Workshop Council
§ 29				The term of office of the Workshop Council
§ 30				Erasing the membership of the Workshop Council; Replacement members
Section 4
	Management of the Workshop Council
Section 31				Chairmanship of the Workshop Council
Section 32				Convening of sittings
§ 33				Workshop Council Sessions
Section 34				Decisions of the Workshop Council
§ 35				Session Header
§ 36				Rules of Procedure of the Workshop Council
Section 37				Personal rights and duties of the members of the Workshop Council
§ 38				Speaking Hours
§ 39				Costs and material costs of the Workshop Council
Section 5
	Final provisions
§ 40				The term of office of the existing works councages
Section 41				entry into force

Section 1
Scope, establishment, composition and tasks of the Workshop Council

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§ 1 Scope

(1) For people with disabilities who cannot, because of the nature or severity of their disability, not yet again be able to be employed in the general labour market and to integrate them into working life in the work area, Workshops for disabled persons as institutions for the participation of disabled persons in working life and integration into working life in a special employee-like legal relationship, usually on the basis of a Social performance ratio (§ 138 (1) of the Ninth Book Social Code) (workshop employees), the participation by works statesmen in workshop matters according to § 139 of the ninth book Social Code, independent of the business capacity of the disabled person in detail, is determined after the following Rules. (2) This Regulation shall not apply to religious communities and their bodies to the extent that they have adopted their own equivalent arrangements. Unofficial table of contents

§ 2 Establishment of works statutes

(1) A workshop has been selected in workshops. (2) The rights and duties of the workshop are those of the workshop's institution. Unofficial table of contents

§ 3 Number of members of the Workshop Council

(1) The workshop council consists of at least three members, in workshops with as a rule 200 to 400 persons entitled to vote from five members, in workshops with as a rule more than 400 persons entitled to vote from seven members. (2) The sexes shall be represented in accordance with their numerical ratio. Unofficial table of contents

§ 4 General tasks of the Workshop Council

(1) The Workshop Council has the following general tasks:

1.

to ensure that the laws, regulations, accident prevention regulations and agreements concluded with the workshop are carried out in favour of the workshop workers, in particular that:

a)

the employment rules and principles applicable to the specific worker-related legal relationship between the workshop staff and the workshop, in particular on employment time, including part-time employment, and Recreation breaks and periods of participation in measures to maintain and improve the performance and further development of the personality of the workshop employee, leave, payment of payment in case of illness, payment of payment to Holidays, maternity leave, parental leave, personal protection and limitation of liability,

b)

the rights of participation and complaints in force in the special employee-like relationship based on the duty of care, and

c)

the workshop contracts

are respected by the workshop;

2.

to apply to the workshop for the purpose of operating the workshop and the workshop staff;

3.

Receive suggestions and complaints from the workshop staff and, if they appear to be entitled to do so by negotiation with the workshop, to work on an execution; he has the workshop employees concerned on the stand and the The outcome of the negotiations.

In doing so, it must, in particular, safeguard the interests of the work-shop workers who are particularly in need of care and assistance and promote the effective equality of women and men. (2) The above mentioned in paragraph 1 (1) When a matter is discussed between the workshop and one or one workshop employee, a member of the Workshop Council shall take part in the discussion at the request of the workshop or the workshop staff. It is obliged to keep silent on the content and subject matter of the discussion, insofar as it is not exempted from this obligation by the workshop employee on a case-by-case basis. (3) The workshop council takes into account the interests of the workshop. the disabled persons working in the entrance procedure and in the field of vocational training in an appropriate and appropriate manner, as long as they do not represent them in accordance with Article 36 of the Ninth Book of the Social Code. Unofficial table of contents

§ 5 Co-operative rights of the Workshop Council

(1) The works council has to participate in the following matters of the workshop employees:

1.

Questions of order in the work area of the workshop and the behaviour of the workshop employees, including the establishment and modification of a so-called workshop arrangement on these questions;

2.

Start and end of the daily period of employment, including breaks and periods of participation in measures to maintain and increase the performance and further development of the personality of the workshop staff, distribution the working time on the individual days of the week and the related regulation of the driving service, temporary shortening or extension of the usual period of employment;

3.

a)

Presentation and use of the results of the work, in particular the amount of the basic and the increase amounts, taking account of the economic and financial circumstances for which it is based;

b)

Questions relating to the organisation of work charges, in particular the drawing up of principles of remuneration and the introduction and application of new methods of remuneration, as well as their modification, the fixing of the basic and the increases and the comparability of the rules on remuneration. -performance-related charges, time, place and type of payment of the remuneration, and the organisation of work-related fees;

4.

Establishment of general holiday principles and the holiday plan, as well as the setting of the time of leave for individual workshop employees, if no agreement is reached between the workshop and the workshop employees involved ;

5.

the introduction and application of technical equipment designed to monitor the behaviour or performance of the workshop workers;

6.

rules on the prevention of accidents at work and occupational diseases, as well as on health protection in the context of statutory provisions or the rules on the prevention of accidents;

7.

-questions of further education and training, including measures to maintain and improve the performance and development of personality, and to promote the transition to the general labour market;

8.

Questions of catering;

9.

Planning of new and extension buildings as well as of new technical equipment, restriction, decommissioning and laying of the workshop or essential parts of the workshop, fundamental changes to the workshop organization and the plant's status;

10.

Design of workplaces, work flow and working environment, as well as of sanitary and recreation rooms, introduction of new technical working methods;

11.

Co-design of social activities for the workshop employees.

(2) Where matters within the meaning of paragraph 1 can only be regulated in a uniform manner for employees and workshop employees, and insofar as they are the subject of an agreement with the operating or staff council or other employee representatives be or should be, the parties have to work towards a consensual settlement. The supplementary agreement of special disability-specific regulations between the workshop councor and the workshop remains unaffected. (3) The workshop has the workshop councage in the affairs in which it has a right of participation, in good time, comprehensively and in an appropriate manner and to consult it prior to carrying out a measure. Both sides have to work to reach agreement. If agreement cannot be reached, each side may appeal to the mediation body. (4) Further, mutually agreed forms of participation in the matters referred to in paragraph 1 shall remain unaffected. Unofficial table of contents

§ 6 Conciliation body

(1) The Conciliation Body shall consist of one or one impartial chairperson, experienced in workshop matters, on which workshop and workshop council must agree, and one each from the workshop and the workshop -named co-sitter or a co-sitter. In the event that an agreement is not reached, the workshop and the workshop councor shall each propose a person as chairperson or chairperson; a decision shall be taken to decide who shall act as chairman or chairman. (2) The agency shall draw up the Decision for a proposal for an agreement within twelve days. It shall take a decision after oral deliberation with a majority of votes. The decisions of the Conciliation Body shall be laid down in writing and shall be signed by the chairman or the chairman. Further details of the procedure can be agreed before the conciliation office. (3) The conciliation proposal does not replace the decision of the workshop. The workshop has to be finally decided on the basis of the proposal for a single agreement. Until then, the implementation of the measure must be suspended. If, within the period referred to in paragraph 2, the switching office does not take a decision on a proposal for an agreement, the decision of the workshop shall apply. Unofficial table of contents

§ 7 The rights of the workshop at the workshop

(1) The works council shall be informed in the following matters:

1.

Termination of the employee-like legal relationship with the workshop, transfers and conversions,

2.

History and outcome of the parent and carer assembly,

3.

Recruitment, translation and implementation of the professional staff (members of the accompanying services and the professional and professional staff) and of the other staff of the workshop.

(2) The workshop has to be informed in good time and comprehensively on the basis of the necessary documents in the matters in which it has the right of establishment. The opinion of the Technical Committee to be consulted in the cases referred to in paragraph 1 (1) and the hearing of the workshop or workshop staff in this framework shall remain unaffected. Unofficial table of contents

§ 8 Cooperation

(1) The workshop, its establishment or staff council or its other employee representatives, the representative for the disabled, the representation of the participants in the measures in the entrance procedure and in the vocational training area according to § 36 of the ninth book In the interest of the workshop employees, the Social Code, a parent and caretaker advisory board made pursuant to § 139 (4) sentence 2 of the Ninth Book Social Code of the German Social Code, and the workshop councils work together in the interest of the workshop employees. The workshop and the workshop council can take advantage of the support of the associations and trade unions represented in the workshop, as well as of the associations to which the workshop belongs. (2) Workshop and workshop councils are to be held in the Meet Rule once a month for a meeting. They have to negotiate on contentious issues with the serious will to reach agreement, and to make proposals for settling disagreements. Unofficial table of contents

§ 9 Workshop Meeting

The workshop council shall carry out a meeting of the workshop employees at least once in the calendar year. The rules applicable in the workshop for assembly of workers shall be applicable; part and departmental meetings shall be admissible. The workshop council can, in agreement with the workshop, invite experienced persons as well as disabled people who take part in measures in the entrance procedure or in the vocational education and training sector.

Section 2
Election of the Workshop Council

Subsection 1
Voting rights and eligibility; timing of elections

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§ 10 Electoral entitlement

All workshop employees are entitled to vote, insofar as they are not employees. Unofficial table of contents

§ 11 Selectability

All eligible voters who have been employed in the workshop on election day for at least six months are eligible to vote. Periods of entry and participation in vocational training activities will be counted. Unofficial table of contents

§ 12 Date of elections to the workshop council

(1) The regular elections to the Workshop Council shall be held every four years in the period of 1 January 2007. October to November 30th, 2001, for the first time in 2001. Outside this time, elections will take place if

1.

the total number of members has fallen below the prescribed number of the members of the workshop after the entry of all the replacement members,

2.

the Workshop Council, by a majority of its members, has decided to resign,

3.

the election of the Workshop Council has been successfully contested, or

4.

a workshop council has not yet been elected.

(2) If, outside the period fixed for the regular elections, an election to the Works Council has taken place, it shall be re-elected in the next period of the regular elections following the election. If the term of office of the Workshop Council has not yet been one year at the beginning of the period fixed for the next regular elections, the workshop council shall be re-elected during the next period of the regular elections.

Subsection 2
Preparation of the election

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§ 13 Order of the electoral board

(1) At the latest ten weeks before the end of his term of office, the workshop council shall appoint an electoral board of three persons entitled to vote or other persons belonging to the workshop and one or one of them as chairperson or chairperson. (2) If a workshop does not exist, the electoral executive and its chairman or chairperson are elected in a meeting of the electorate. The workshop promotes the choice; it has to invite to this meeting. Regardless of this, three persons entitled to vote can invite. Unofficial table of contents

Section 14 Tasks of the electoral board

(1) The electoral council prepares the election and carries out the election. The workshop has to be made available to the Electoral Council at its request from the members of the professional staff, a person of his trust, who assists him in the preparation and implementation of the election. In the workshop, the electoral board may appoint employees as election assistants or election assistants to assist in the conduct of the vote and in the counting of votes. The members of the electoral board, the confidant and the election workers and the election workers have the same personal rights and duties as the members of the Workshop Council (§ 37). The confidential person shall perform its duties independently of instructions of the workshop. (2) The decisions of the electoral board shall be taken with the majority 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 taken. The minutes shall be signed by the chairman or the chairman and another member of the electoral board or the confidant. (3) The electoral board shall immediately initiate the election; it shall be held no later than one week before the date of the election. The workshop shall be held on the day of the workshop's term of office. (4) The workshop shall assist the electoral council in the performance of its duties. In particular, it shall provide it with all information necessary for the preparation of the list of persons entitled to vote and shall make the necessary documents available. Unofficial table of contents

Section 15 Creation of the list of persons entitled to vote

The Electoral Council shall draw up a list of persons entitled to vote. The persons entitled to vote are to be listed in alphabetical order with the surname and the first name, if necessary the date of birth. Unofficial table of contents

Section 16 Announcement of the list of eligible voters

The list of persons entitled to vote or a copy shall be interpreted immediately after the initiation of the election until the end of the vote at the appropriate place for inspection. Unofficial table of contents

Section 17 Objection to the list of persons entitled to vote

(1) Electoral and other employees who make a legitimate interest in a proper election can have the right to appeal against the correctness of the right to vote within two weeks of the issuing of the ballot letter (§ 18). List of persons entitled to vote. (2) The electoral board shall decide immediately on objections under paragraph 1. If he considers the objection to be justified, he shall correct the list of persons entitled to vote. The person who has lodged the opposition shall be notified of the decision without delay; the decision must be taken at the latest by the day before the vote. (3) After the expiry of the opposition period, the electoral Board shall be entitled to the list of eligible voters. check again for their completeness. Moreover, after the expiry of the opposition period, the list of persons entitled to vote may only be held in the event of writing errors, obvious inaccuracies, in the execution of objections filed in good time or upon the entry or departure of a person entitled to vote or a Persons entitled to vote shall be corrected or supplemented up to the day before the start of the vote. Unofficial table of contents

Section 18 Election

(1) At the latest six weeks before the election day, the electoral board shall issue a ballot letter to be signed by the chairman or the chairman and at least one other member of the electoral board. It must contain:

1.

the date of its adoption;

2.

the names and photographs of the members of the electoral board,

3.

the eligibility conditions for the eligibility of the workshop,

4.

the indication of where and when the list of persons entitled to vote and this Regulation are to be taken into account,

5.

an indication that only those who are entered in the list of persons entitled to vote and that objections to the list of persons entitled to vote can only be elected before the expiry of two weeks from the date of the election of the electoral authorities in writing or in respect of the election. The last day of the period shall be indicated,

6.

the request to submit nominations within two weeks after the date of the ballot letter has been issued by the electoral committee; the last day of the deadline shall be stated;

7.

the minimum number of persons entitled to vote, of which an election proposal must be supported (Article 19, sentence 2),

8.

an indication that the vote is tied to the nominations and that only those nominations submitted in due time (point 6) may be taken into account,

9.

the determination of the place in which the nominations are made public until the vote is completed by means of a curtain or otherwise appropriate;

10.

the place, day and time of the vote,

11.

the place and time of the counting of votes and the meeting of the electoral board, in which the outcome of the election is concluded,

12.

the place where objections, election proposals and other declarations are to be made to the electoral council.

(2) A copy or a copy of the ballot letter shall be issued by the electoral authority from the day of its adoption until the election day at one or more appropriate posts accessible to the electorate. Unofficial table of contents

Section 19 Electoral proposals

Eligible voters may submit proposals to the electoral management body within two weeks since the ballot letter was issued. Each election proposal must be supported by at least three persons entitled to vote. The nomination shall be subject to the approval of the proposed or proposed. The Electoral Council decides on the admission to the election. Unofficial table of contents

Section 20 Announcement of applicants and applicants

At the latest one week before the vote and until the end of the ballot, the electoral board shall make the names and photos or other picture material of the candidates from approved election proposals in alphabetical order in the same way as the electoral letter (section 18 (2)).

Subsection 3
Implementation of the election

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Section 21 Voting

(1) The workshop council shall be elected in secret and direct election according to the principles of majority voting. (2) Anyone who is entitled to vote may cast his vote only for legally-effectively proposed candidates or candidates. Each person entitled to vote and each person entitled to vote shall have as many votes as members of the Workshop Council. The ballot paper must contain an indication of how many applicants can be elected in the maximum case. Only one vote can be cast for each applicant or each applicant. (3) The right to vote is exercised by issuing a ballot in an election envelope. On the ballot paper, the candidates shall be listed in alphabetical order with the name of the surname and first name, if necessary the date of birth, as well as with photo or other picture material. The ballot papers must all have the same size, colour, texture and inscription. The same shall apply to the election envelopes. (4) In the case of voting, the person chosen by the dialer or the electing person shall be marked by crossing the place provided for in the ballot. Ballot papers, on which more than the number of applicants or candidates are marked, or from which the will of the dialer or the dialer does not appear without any doubt, are invalid. (5) For more than half of the Persons entitled to vote as a result of their obstruction to vote by a ballot paper in accordance with paragraphs 3 and 4 shall not be able to vote for the most part, the head of election may decide on a different form of exercise of the right to vote. Unofficial table of contents

Section 22 Electoral procedure

(1) The electoral council 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. The ballot box must be closed by the electoral board and set up in such a way that the ballot papers to be cast cannot be removed without opening the urn. (2) During the election, at least two members of the ballot box must always have the right to vote. The electoral board shall be present in the electoral area. If election workers are appointed (Section 14 (1) sentence 3), the presence of a member of the electoral board and of an election worker or an election worker shall suffice. (3) The ballot paper marked and included in the election envelope shall be included in the to the ballot box provided for this purpose after the vote has been recorded by a member of the electoral board or an electoral officer or an elector in the list of persons entitled to vote. (4) Who, as a result of his disability, is responsible for the Voting shall be determined by a person of his or her trust which he or she shall trust in the case of the To assist the vote, and inform the electoral head. Persons who apply to the election, members of the electoral board, persons of trust within the meaning of Section 14 (1) sentence 2, as well as election assistants and election workers may not be used for assistance. The assistance shall be limited to the fulfilment of the voter's or voter's wishes; the person of confidence shall, together with the voter or the voter, visit the voting booth. The confidential person is obliged to maintain the confidentiality of the knowledge of the choice of another person who has obtained them in the assistance of the assistance. Sentences 1 to 4 shall apply to voters and voters who are unaware of reading. (5) After the election, the ballot box shall be sealed if the vote count is not carried out immediately after the end of the election. Unofficial table of contents

Section 23 Determination of the results of the election

(1) As soon as the election has been completed, the electoral board shall make public the counting of the votes and shall determine the result. (2) The candidates who have received the most votes shall be elected. In the event of a tie, the lot shall be decided by lot. (3) The electoral board shall produce a copy of the result, signed by the chairman or the chairman and at least one other member of the electoral board. The minutes must include the number of valid and invalid ballots issued, which include the number of votes cast on each applicant or each applicant, as well as the names of the candidates elected. Unofficial table of contents

Section 24 Notification of the elected and acceptance of the election

(1) The Electoral Council shall immediately notify the elected representatives of the work of their choice. If an elected person does not declare his/her rejection of the election within three working days of receipt of the notification, it shall be accepted. (2) If an elected person is to choose the election, the candidate shall be replaced by the candidate or the person who is elected to the election. Applicant with the next highest number of votes. Unofficial table of contents

Section 25 Announcement of the elected

As soon as the names of the members of the Workshop Council are finally established, the electoral board shall make it known by means of two weeks ' notice in the same way as the Election Letter (Section 18 (2)) and shall immediately inform them of the workshop. Unofficial table of contents

Section 26 Storage of electoral documents

The electoral documents, in particular the minutes, notices and ballot papers, shall be kept by the workshop at least until the end of the parliamentary term. Unofficial table of contents

Section 27 Wahlanferespect

(1) The choice may be appealed to the Labour Court if there has been a breach of essential provisions relating to the right to vote, the eligibility or the electoral procedure, and if a correction has not been made, unless the infringement has been (2) At least three persons entitled to vote or the workshop are entitled to challenge the election results. The vote shall be admissible only within a period of two weeks from the date of the announcement of the result of the election. Unofficial table of contents

Section 28 Electoral protection and election costs

(1) No one shall be allowed to impede the election of the Workshop Council. In particular, employees may not be restricted in the exercise of the right to vote and to stand as a candidate. (2) No one shall be entitled to choose the works status by adding or threatening any handicaps or by granting or undertaking the promise of: (3) The costs of the choice are borne by the workshop. Failure of employment, which is necessary for the exercise of the right to vote, to exercise the right to vote or to work as an election assistant or an elector, does not entice the workshop to reduce the amount of work. The pursuit of these activities is the same as the employment of a workshop worker.

Section 3
The term of office of the Workshop Council

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Section 29 Term of office of the Workshop Council

The regular term of office of the Workshop Council is four years. The term of office shall begin with the announcement of the results of the election or, if the term of office of the previous workshop council has not yet ended, with the expiry of the term of office. The term of office of the Workshop Council elected outside the regular election period ends with the announcement of the election result of the newly elected Workshop Council pursuant to section 12 (2), but at the latest on 30 November of the relevant election year. In the case of Section 12 (1), second sentence, no. 1 and 2, the term of office of the existing Workshop Council shall end with the announcement of the election result of the newly elected Workshop Council. Unofficial table of contents

§ 30 Erdeleting of the membership of the Workshop Council; Replacement members

(1) Membership in the Works Council shall be replaced by

1.

expiry of the term of office;

2.

Establishment of the Office,

3.

Leaving the workshop,

4.

Termination of the employee-like legal relationship.

(2) If a member of the workshop is divorced, a substitute member shall move forward. This applies accordingly to the deputiation of a temporarily prevented member of the Workshop Council. (3) The substitute members are taken from the list of candidates who have not been selected and the nominees are taken from the list of candidates. The order is determined according to the level of the votes obtained. In the event of a tie, the lot shall decide.

Section 4
Management of the Workshop Council

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Section 31 Presidency of the Workshop Council

(1) The workshop council shall elect from its centre the chairman or the chairperson and the person representing him or her. (2) The chairman or chairperson or, in the case of prevention, the person representing him or her, shall represent the person representing him or her. Workshop council within the framework of the decisions taken by the Council. In order to receive statements to be made to the works council, the chairman or chairperson or, in the case of prevention, the person representing him or her, shall be entitled to do so. Unofficial table of contents

Section 32 The convening of sittings

(1) Within one week of the election day, the chairman or the chairperson of the electoral board convenes the newly elected workshop council to the election prescribed in accordance with section 31 (1) and directs the meeting. (2) The other meetings shall be convened by the Chairman or chairperson of the Workshop Council shall determine the agenda and shall direct the proceedings. The chairman or chairperson shall invite the members of the Works Council to the agenda in good time on the agenda. (3) The chairman or chairperson shall convene a meeting and the subject-matter of which a request for advice is requested, to the agenda when requested by the workshop. (4) The workshop shall take part in the meetings which are requested at its request and at the meetings to which it has been expressly invited. Unofficial table of contents

Section 33 Meetings of the Workshop Council

(1) The meetings of the Workshop Council shall normally take place during the period of employment. The workshop councage has to take into account the work processes in the workshop when setting up the meetings. The workshop shall be notified in advance from the date of the meeting. The meetings of the Workshop Council are not open to the public. (2) The workshop councilor may be the trusted person (§ 39 para. 3) and, if and to the extent that he deems it necessary, a member of the holding or staff council or any other employee representation, a writing power or, following a closer agreement with the workshop, a representative or a representative of a trade union represented in the workshop, at the request of one-quarter of the members of the Workshop Council, a representative or a representative of a federation within the meaning of section 8 (1) or other third parties at its meetings in addition. They shall be subject to the obligation of secrecy as well as the prohibition of disclosure and exploitation in accordance with section 37 (6). Unofficial table of contents

Section 34 Decisions of the Workshop Council

(1) The decisions of the Workshop Council shall be taken by a majority of the votes of the members present. In the event of a tie, an application is rejected. (2) The workshop councilor is quorum if at least half of its members participate in the decision-making process; substitution by substitute members is permissible. Unofficial table of contents

Section 35 Meeting minutes

A minutes shall be recorded at the meetings of the Workshop Council, which shall contain at least the text of the decisions and the majority of the votes with which they were taken. The minutes are to be signed by the chairman or by the chairman and another member or the confidant (§ 39 para. 3). It shall be accompanied by an attendance register. If the workshop has taken part in the meeting, it shall be handed out in writing to the corresponding part of the minutes. Unofficial table of contents

Section 36 Rules of Procedure of the Workshop Council

The works council may, for its work, be able to draw up a written procedure in which further provisions on the management of the work are taken. Unofficial table of contents

Section 37 Personal rights and obligations of the members of the Workshop Council

(1) The members of the Workshop Council shall carry out their duties free of charge as an honorary office. (2) They may not be impeded in the performance of their duties or are not disadvantaged or favoured by virtue of their duties; this shall also apply to their professional activities. Development. (3) They shall be exempted from their activities without any reduction in the amount of work, if and in so far as it is necessary to carry out their duties. The work of the workshop is the same as the workshop occupation. In workshops with at least 200 persons entitled to vote, the Chairman or Chairman of the Workshop Council shall be exempted from the activity at the request of the President or the Chairman of the Workshop. The exemption provided for in the first and third sentences does not extend to measures pursuant to Article 5 (3) of the Ordinance on the Workshop on Work. (4) The first sentence of paragraph 3 applies accordingly to participation in training and educational events, insofar as this knowledge imparts to the necessary for the work of the Workshop Council. Without prejudice to the first sentence, any member of the Workshop Council shall be entitled to an exemption during his/her regular term of office, without any reduction in the amount of the work for a total of ten days, to take part in such training and educational events; the In the case of disputes in matters of paragraphs 3 and 4, the placement office may be called upon to take up the duties of a workshop employee who shall take over the office of a member of the Workshop Council for the first time. (5) Section 6 (2) and (3) shall apply accordingly. The legal path to the labour courts shall remain unaffected. (6) The members of the Workshop Council shall be obliged to:

1.

keep silent on the personal circumstances and matters which have become known to them on the basis of their office, which require confidential treatment of their importance or content, and which are not known to them; and

2.

not to disclose and not to exploit business and trade secrets, which have become known to them for their duties and are expressly referred to by the workshop as being in need of secrecy.

The duties shall also apply after leaving office. They do not apply to the members of the Workshop Council and the confidant (§ 39 para. 3) as well as in the proceedings before the switching office. Unofficial table of contents

§ 38 Office hours

(1) The workshop council may set up office hours during the period of employment. The time and place are to be agreed with the workshop. (2) The failure of employment, which is necessary to visit the office hours or through other use of the workshop council, does not entice the workshop to reduce the amount of time and place of work. Work pay of the workshop employees. This time is the same as the workshop employment. Unofficial table of contents

Section 39 Costs of costs and expenses of the Workshop Council

(1) The costs incurred by the work of the workshop shall be borne by the workshop. The same applies to the costs arising from participation in training and educational events in accordance with § 37 para. 4. (2) For the meetings, the office hours and the running management, the workshop has rooms in the required scope, (3) The workshop has to provide the workshop council with a person of his or her trust, who will assist him in his work, at the request of the staff member. The confidence person performs its task independently of instructions from the workshop. The workshop has to promote it in the performance of its task. § 37 shall apply mutas to the confidence person.

Section 5
Final provisions

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§ 40 Term of office of the existing works statesmen

The term of office of the works statesalready existing at the date of entry into force of this Regulation shall end on the date of the publication of the results of the first-time regular election of a workshop council in accordance with the provisions of this Regulation, however, no later than 30 November 2001. § 13 shall apply accordingly. Unofficial table of contents

Section 41 Entry into force

This Regulation shall enter into force on 1 July 2001. Unofficial table of contents

Final formula

The Federal Council has agreed.