Regulation on the election of members of the Supervisory Board of employees under the Third Participation Act (voting order of the Third Participation Act-WOthird-party BG)

Unofficial table of contents

WOthird-party BG

Date of completion: 23.06.2004

Full quote:

" Electoral Regulations to the Third Participation Act of 23 June 2004 (BGBl. I p. 1393) "

Footnote

(+ + + Text evidence from: 1. 7.2004 + + +) 

  

The Regulation was referred to as Article 1 (d). V v. 23.6.2004 I 1393 issued by the Federal Government. She's gem. Article 3, first sentence, of this V entered into force on 1 July 2004. Unofficial table of contents

Content Summary

					§ § §
Part 1 Election
	Chapter 1		Election by the employees of an establishment
		Section 1		Initiation of election	1-6
		Section 2		Nominations	7-12
		Section 3		Voting	13-15
		Section 4		Written vote	16-17
		Section 5		Voting count and result	18-22
	Chapter 2		Choice by employees of several companies or several companies		23-31
Part 2 convening
	Chapter 1		Dismissiation by workers of an establishment		32-37
	Chapter 2		Dismissiles by employees of several undertakings or several undertakings		38-41
Part 3 Special provisions for the participation of workers in a maritime operation
	Chapter 1		Choice		42-45
	Chapter 2		Dismise		46-49
Part 4 Final provisions					50-51

Part 1
Choice

Chapter 1
Election by the employees of an establishment

Section 1
Initiation of election

Unofficial table of contents

§ 1 Communication of the company

The body of a company appointed to represent the legal representation of a company whose supervisory board must belong to employee representatives in accordance with § 1 of the law shall inform the works council or, if such a person does not exist, the employees at the latest 14 weeks before the the expected start of the term of office of the members of the Supervisory Board to be elected, with the result that employee representatives are to be elected to the Supervisory Board. They shall indicate the expected start of their term of office and the number of members of the Supervisory Board to be elected. The election of the employee representatives shall be carried out in such a way that the election result is fixed as two weeks as possible before the expected start of the term of office. Unofficial table of contents

§ 2 Operating Electoral Council, Education and Composition

(1) Immediately according to the notification referred to in § 1, the operating electoral code shall be formed. It is responsible for the election and the determination of the results of the election. (2) The Board of Management consists 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 Management Board may only be entitled to vote in the holding. In the Executive Board of Management, women and men are to be represented in the holding in accordance with their numerical ratio. (3) For each member of the operating electoral board, a substitute member may be appointed for the case of his prevention. (4) The Members of the Management Board are appointed by the works council. If no works council exists or if the works council fails to fulfil its obligation to appoint the operating electoral board no later than two weeks after the notification referred to in § 1, the operating electoral board shall be held in a business meeting with of the majority of the votes cast. If there is also a representation established by collective agreement in accordance with Section 117 (2) sentence 1 of the German Works Constitution Act for employees employed in flight operations, the order shall be placed together with that representation. (5) The operating election management body shall be divided without delay, in writing, the names of its members and its operational address, after the date of their formation. Unofficial table of contents

§ 3 Management Board of the Management Board

(1) The Chief Operating Officer shall elect a Chairperson and at least one alternate from among its members. The head of the holding of the holding of business may give a written order of procedure. (2) The Board of Management shall take its decisions with a simple majority of its members. A minutes shall be recorded at each meeting of the operating electoral board, which shall contain at least the text of the decisions. The minutes shall be signed by the chairman and another member of the board of management. This also applies to notices, letters of writing and further minutes of the operating election board. (3) Notices can be made by means of a curtain and by using 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 is able to obtain information from the notice and arrangements are made to ensure that only the head of the holding of business shall make changes to the information and communications technology. (4) The Company has to assist the Board of Management in the performance of its duties and to provide it with the necessary business needs. (5) The Executive Board of Management shall ensure that: foreign workers who are not proficient in the German language, shall be informed in a timely and appropriate manner on the occasion of the election and of the electoral procedure. Unofficial table of contents

§ 4 Voter List

(1) The head of the Management Committee shall immediately establish a list of persons entitled to vote (voter list) after the date of formation of the electoral board. The persons entitled to vote are to be listed in alphabetical order with surname, first name, date of birth. The list of voters may be drawn up by using the information and communication technology available in the holding if arrangements are made to ensure that only the head of the electoral board can make changes in the voter list. (2) The company has the right to provide all necessary information for the preparation of the voters 'list and to make the necessary documents available to it. (3) The head office of the holding company shall correct or supplement the voters' list. without delay, when a worker

1.

to enter or leave the establishment,

2.

the 18. Life Year completed

or in any other way, change the conditions on which an entry is based on the voters 'list. (4) The inclusion in the voters' list, the law and this Regulation shall be without delay until the conclusion of the election of the Members of the Supervisory Board of the employees shall be allowed. 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. (5) Only those who are registered in the voters ' list shall be entitled to vote. Unofficial table of contents

§ 5 Letter of Election, initiation of election, notice

(1) By no later than six weeks before the first day of the vote, the head of the operating election shall issue a letter of election. By issuing the ballot letter, the election is initiated. (2) The term of the election must include the following information:

1.

the date of its adoption;

2.

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

3.

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

4.

Claims against the voters ' list (§ 6) can only be lodged in writing at the head of the holding of the ballot box within one week since the ballot letter was issued; the last day of the deadline is to be stated;

5.

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

6.

the number of employees ' representatives to be elected; where employees ' representatives are required to be employees of the undertaking in accordance with Article 4 (2) of the law, it should be pointed out that:

7.

that the persons referred to in § 105 (1) of the German Stock Corporation Act cannot be a member of the Supervisory Board;

8.

that the works council and the workers may submit nominations within two weeks from the date of the adoption of the ballot letter; the last day of the deadline shall be indicated;

9.

the minimum number of workers from whom a valid employee election proposal must be signed (Article 6 of the Act);

10.

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

11.

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

12.

that the vote is tied to the nominations and that only those nominations submitted on time (point 8) are taken into account;

13.

where and how the persons entitled to vote can be informed of the election proposals until the ballot box is concluded;

14.

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

15.

the indication of the possibility of the written vote as well as the operating parts and micro-entities, for the written vote in accordance with Section 16 (3) No. 1, and whether the written vote in accordance with § 16 (3) no. 2 has been decided ;

16.

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

17.

the names of the members and the operating address of the operating election board.

(3) On the day of its decree, the Board of Management of the Board of Directors shall make the right to vote until the conclusion of the election of the members of the Supervisory Board (Section 3 (3)). Unofficial table of contents

§ 6 objection to the voters ' list

(1) Claims against the correctness of the voters ' list may be filed in writing at the operating election board within a week since the vote of the ballot letter. Objections to corrections and additions to the voters ' list may be filed within a week since the correction or the supplement. (2) The operating electoral board shall decide immediately on objections under paragraph 1. If an objection is justified, the voters ' list shall be corrected. The Board of Management shall immediately notify the decision to the person who filed the opposition in writing. (3) The voters ' list can only be made after the expiry of the opposition period in the case of writing errors and apparent inaccuracies or in the execution of the decision. shall be corrected in time for any objections.

Section 2
Nominations

Unofficial table of contents

Section 7 Electoral proposals

(1) The election shall take place on the basis of nominations of the works council and of the employees. The nominations must be submitted in writing to the Executive Board of Directors within two weeks since the ballot letter was issued. (2) Each nomination shall have at least twice as many candidates as Supervisory Board members of the Workers must be elected. In each nomination, the individual candidates shall be listed with the name of the surname, first name, date of birth and type of employment. The written consent of the candidates for inclusion in the electoral proposal and their written assurance that they will accept the election in the event of their election shall be accompanied. (3) If no other signatory of the election proposal is expressly deemed to be The proposal representative shall be considered to be the representative of the proposal in the first place. The proposal representative shall be entitled and obliged to make the declarations necessary for the elimination of complaints and to accept statements and decisions of the head of the works election board to the Executive Board of Management. (4) The The signature of a person entitled to vote counts only on an election proposal. If a person entitled to vote has signed a number of nominations, he shall, at the request of the electoral board, declare within a reasonable time, but no later than 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; are several nominations signed by the same person entitled to vote; (5) A candidate 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 operating election board, declare within one week which application he is to apply. If the declaration is not made on time, the candidate shall be deleted on all nominations. Unofficial table of contents

Section 8 Electoral proposals for replacement members

(1) If, together with an applicant, a substitute member of the Supervisory Board is proposed (Section 7 (1) of the Act), Section 7 (5) shall apply mutatily. (2) Each proposed substitute member shall be included in the nomination under the name of the surname, the first name, date of birth and type of employment next to the applicant, for whom it is proposed as a substitute member of the Supervisory Board. 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 7 (2) sentence 3 shall apply accordingly. Unofficial table of contents

§ 9 Confirmation and 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 Board of Management shall immediately examine the nomination of the nomination and, in the event of invalidity or objection, the nomination shall be confirmed by the Inform the proposal representative in writing, stating the reasons for the decision. Unofficial table of contents

§ 10 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted within the time limit,

2.

which do not have the required number of signatures (§ 6 of the law) during the submission of the file.

(2) Electoral proposals,

1.

where the candidates are not designated in the manner specified in Article 7 (2),

2.

which are not accompanied by the written consent of the candidates for inclusion in the nomination and the insurance to accept the election (Section 7 (2) sentence 3),

3.

which no longer have the required number of signatures as a result of deletion in accordance with Article 7 (5),

shall be invalid if the head of the holding has complain and the deficiencies have not been remedied within a week since the complaint has been lodged. Unofficial table of contents

§ 11 Grace period for election proposals

(1) If, after expiry of the period referred to in § 7 (1), no valid nomination has been submitted, this shall immediately be made known by the holding of the electoral code in the same way as the election proposition (Section 5 (3)) and a grace period of one week for the submission of election proposals. It should be noted in the notice that the election can only take place if at least one valid nomination is submitted within the grace period. (2) If no valid nomination is submitted until the expiry of the grace period, then the election proposal shall be submitted. the head of the operating election immediately announced that the election did not take place. Unofficial table of contents

Section 12 Announcement of nominations

At the latest one week before the first day of the vote, the head of the holding of business shall make known the valid nominations for election in the same way as the election proposition (§ 5 para. 3).

Section 3
Voting

Unofficial table of contents

§ 13 Voting, ballot paper

(1) The voter may cast his vote only for candidates of a nomination accepted as valid. The ballot paper is issued by issuing ballot papers. (2) On the ballot papers, the candidates are to be listed in alphabetical order, with the name of the surname, first name and type of employment. The substitute member proposed for an applicant shall be listed on the ballot papers in addition to the applicant; the first sentence shall be applied accordingly. The ballot papers are to contain the indication of how many applicants can be crossed. The ballot papers for the election of the employee representatives must all have the same size, colour, texture and inscription. The voter shall mark the candidates elected by him by crossing at the place provided for in the ballot paper; he shall not cross more applicants and be elected as employee representatives. (3) Invalid shall be ballot papers,

1.

where more applicants have been chosen to be elected as members of the Supervisory Board,

2.

out of which there is no clear will,

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.

Unofficial table of contents

§ 14 Electoral 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 one or more 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 that have been inserted cannot be removed without opening the urn. (2) During the election, at least two members of the ballot box must be elected. If election workers are appointed (§ 3 para. 1), the presence of a member of the electoral board and of an electoral officer shall suffice. (3) The voter shall uncover his ballot and fold it in the voting list. Wise, that his vote is not recognizable. After that, the voter gives his name and throws the folded ballot into the ballot box, after the vote has been recorded in the voters ' list. (4) Anyone who is impaired as a result of his disability in the vote may be a person of his determine the confidence to assist him in the vote, and shall inform the head of the election of the holding. Persons who apply to the election, members of the Management Board and election advisors may not be used to provide assistance. The assistance is limited to the fulfilment of the voter's wishes for the vote. The person of trust shall be obliged to maintain the confidentiality of the information obtained in the course of the assistance provided for the vote. The sentences 1 to 4 shall apply mutatily to the reading of unmarried voters. (5) After the vote has been completed, the ballot box shall be sealed if the counting of votes is not carried out immediately after the end of the election; this shall also apply where the ballot count is not completed. Voting is suspended. Unofficial table of contents

§ 15 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. § 14 shall apply accordingly. In accordance with Article 2 (2) and (3) of the Federal Electoral Regulations, the voting machines must be suitable for the choice for which they are to be used and comply with the guidelines for the type of voting machines, insofar as these do not have special requirements. 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 management board and the management of the company have been reached.

Section 4
Written vote

Unofficial table of contents

Section 16 Conditions of the written vote

(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 ballot paper and an election envelope,

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 (§ 17) is to be submitted. The head of the board of operations shall record the handout or transmission in the voters ' list. (2) Voters who are known to the head of the holding of the ballot box that they are likely to be eligible for the peculiarity of their employment relationship at the time of election , the documents referred to in paragraph 1 shall be given the documents referred to in paragraph 1, in particular in the field of external service, teleworking and homework, without the need for the person entitled to vote. (3) The board of business 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 the holding, if the majority of the persons entitled to vote are entitled to vote in writing in accordance with paragraph 2 and the remaining minority does not represent more than 25 persons entitled to vote.

Paragraph 2 shall apply accordingly. Unofficial table of contents

Section 17 Procedure in the written 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 shall record the vote in the voters ' list, open the ballot boxes and place the ballot papers in the ballot box. (3) Late in-election letters shall take the form of the ballot paper. Head of the head of business with a note on the date of receipt unopened 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.

Section 5
Voting count and result

Unofficial table of contents

Section 18 Public counting of 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 candidate. (3) In the case of the counting, the validity of the ballot papers shall be considered. (4) In the case of the use of voting machines, the head of the operating election shall determine by reading the number of votes to be paid to each applicant. Unofficial table of contents

Section 19 Determination of the elected

The candidates who have received the most votes are elected. If the employee to be elected must be the employee of the company (§ 4 of the Act), the candidates who have fulfilled this requirement and who have received the most votes must be elected. In the event of a tie, the lot shall be decided. Unofficial table of contents

Section 20 Minutes of the results of the vote

After the votes have been counted, 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 candidates;

6.

the names of the elected members of the Supervisory Board;

7.

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

8.

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

Unofficial table of contents

Section 21 Announcement of the result of the election and notification of the elected

(1) The Management Committee shall immediately disclose the results of the election and the names of the elected representatives for a period of two weeks. (2) At the same time, the Management Committee shall notify the elected person in writing of their choice and shall forward the Election results and the names of the elected representatives of the company. Unofficial table of contents

Section 22 Storage of the Wahlacts, announcement of the company

(1) The Management Committee shall pass the election markets to the company. The company shall keep the electoral markets at least for a period of five years. (2) For the contract notice required pursuant to section 8 of the law, § 3 para. 3 shall apply accordingly.

Chapter 2
Choice by employees of several companies or several companies

Unofficial table of contents

Section 23 General provisions

If the employees of several establishments or of several companies participate in the election of the representatives of the employees of the Supervisory Board, the provisions of Chapter 1 shall apply mutagenly to the extent to which derogations from the following provisions are not applicable. . Unofficial table of contents

Section 24 Communication of the company

The notification referred to in § 1 shall take place in relation to the works councils. Unofficial table of contents

Section 25 Electoral members

(1) The election of the election and the determination of the election result shall be the responsibility of the competent electoral authority. Competent electoral authority is at the election

1.

in several companies of the Management Committee,

2.

in several companies of the main electoral Board.

(2) In the individual establishments, the election is carried out on behalf of and in accordance with the guidelines of the electoral board responsible pursuant to paragraph 1. (3) The electoral board members referred to in paragraphs 1 and 2 shall be immediately informed in accordance with the provisions of Section 24 (4) The electoral board members referred to in paragraphs 1 and 2 shall immediately inform the undertaking in writing of their operational address and the names of their members after they have been formed. Unofficial table of contents

Section 26 Composition of the Management Board of the Management Board or of the main electoral board

(1) For the size and composition of the electoral board responsible pursuant to section 25 (1), § 2 (2) and (3) shall apply. (2) The members of the Management Board shall be appointed by the General Works Council. If there is no General Works Council or if the General Works Council fails to fulfil its obligation to appoint the Management Board at the latest two weeks after the notification referred to in Article 24, the members of the Company Election Board

1.

appointed by the works council of the largest holding in which an works council exists, or,

2.

if there is no works council in any holding, elected by a majority of the votes cast in an operating meeting of the largest holding according to the number of eligible voters.

(3) The members of the main electoral board shall be appointed by the Group Works Council. If there is no Group Works Council or if the Group Works Council fails to fulfil its obligation to appoint the main electoral board no later than two weeks after the notification referred to in § 24, the members of the main electoral board shall be appointed

1.

in which, according to the number of persons entitled to vote, the largest number of companies whose employees participate in the election and in which an employee representation exists under the Works Constitution Act, the order shall be made by the General Works Council, or, if one does not exist, by the works council, or,

2.

in the case where no undertaking has an operating council, elected by a majority of the votes cast, in a general meeting of the largest holding of the undertakings of the undertakings whose employees participate in the election, according to the number of eligible voters.

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

Section 27 Composition and tasks of the operating election board, time limits

(1) The size and composition of the Board of Management shall be subject to § 2 (2) to (5). (2) The Board of Management shall, within the limits of its powers pursuant to Section 25 (2), in particular, the list of voters and the announcement of the voters ' list (§ 4) and the decision on objections to the voters ' list (§ 6) and the announcement of the election proposals (§ 12). (3) notices shall be made by the operating ballot board at the latest on the day determined by the competent electoral board. Unofficial table of contents

Section 28 Election

(1) By no later than six weeks before the first day of the vote, the competent electoral authority shall issue a ballot letter. With the adoption of the electoral letter, the election is initiated. Section 5 (2) shall apply with the proviso that:

1.

Nominations shall be submitted to the competent electoral authority (point 16); and

2.

to indicate the operating address of the competent electoral board (point 17).

(2) The competent electoral authority shall send the ballot letter to the holding election staff and shall invite them to supplement the necessary information in accordance with paragraph 3. He shall inform them in writing of the date from which the letter of the election shall be made known in the establishments. (3) The head of the operating election shall supplement the term of the ballot letter with the following information:

1.

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

2.

the place, day 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 16 (3) of the decision;

4.

where and how the persons entitled to vote can be informed of the election proposals until the ballot box is concluded;

5.

the names of the members and the operating address of the operating election board.

(4) The announcement of the ballot letter shall be made by the Executive Board of Management at the latest by the date set by the competent electoral board for this purpose until the conclusion of the election of the members of the Supervisory Board. Unofficial table of contents

Section 29 Electoral proposals

The nominations of works councils and employees shall be submitted in writing to the competent electoral board within two weeks since the ballot has been issued, which shall be examined without delay. The competent electoral authority shall send the valid nominations to the holding election management committee and inform them in writing of the date from which they are to be made known in the establishments. Unofficial table of contents

Section 30 Written Vote

(1) The competent electoral authority shall send the holding of the ballot to the holding of the ballot box on request the documents required for the written vote to be carried out in the establishments (section 16 (1)). (2) The holding of the ballot box shall be responsible for the execution of the written vote. Unofficial table of contents

Section 31 Voting Count, Transcript, Announcement

(1) The public voting count in the holdings shall be the responsibility of the head of the holding of the holding of business. (2) After the votes have been counted, the operating election committee shall draw up a minutes (§ 20) and shall immediately forward it to the competent electoral authority (3) The competent electoral board shall determine the result of the election on the basis of the minutes of the operating election board, and shall establish it in a minutes. § 20 shall apply accordingly. (4) The competent electoral authority shall transmit the election result to the holding election management. These make the result of the election immediately known for a period of two weeks. At the same time, the competent electoral authority notifies the elected in writing of their choice and transmits the election result and the names of the elected representatives to the company. (5) The electoral authorities handed over their electoral markets to the company, in the latter Supervisory Board members of the Supervisory Board of the employees have been elected. The company shall keep the electoral markets at least for a period of five years.

Part 2
Dismise

Chapter 1
Dismissiation by workers of an establishment

Unofficial table of contents

Section 32 Introduction of the appeal procedure

(1) A request for the dismise of a member of the Supervisory Board of the employees or of a substitute member in accordance with § 12 of the Act shall be submitted in writing to the works council. The application of an works council shall take place on the basis of a decision. (2) immediately after receipt of an application for a dismise or a corresponding decision of an works council, the operating electoral board shall be formed, unless the application does not appear to correspond to the requirements specified in § 12 para. 1 of the Act. (3) For the tasks, the formation, the composition and the management of the Chief Operating Officer, § § 2 and 3 shall apply accordingly. The communication pursuant to § 2 (5) must also contain the content of the application for dismise. (4) The company has to hand over the electoral board to the Board of Management of the election of the member of the Supervisory Board, whose dismise is requested, to the election markets. Unofficial table of contents

Section 33 List of persons entitled to vote, notice

(1) The Management Committee shall immediately draw up a list of persons entitled to vote. Voting rights are those who are entitled to vote. § § 4 and 6 shall apply. (2) At the same time, the Executive Board of Management shall make known the names of its members and his address, together with the facilitation of inspection of the voters ' list by the end of the vote.

1.

the date of publication;

2.

where, and how, voting rights can be included in the voters ' list, the law and this regulation;

3.

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

4.

that objections to corrections and additions to the voters ' list may only be lodged within one week since the correction or the addition.

Unofficial table of contents

Section 34 Examination of the application for dismise

(1) The Management Committee shall immediately examine the validity of the application for a dismise (Article 12 of the Law) after the expiry of the time limits specified in § 33 (1) sentence 2, § 6 (1). (2) If an application is invalid, the operating election officer shall inform the Application representative or, if such a name is not designated, the first signatory in writing. The head of the operating election shall make known the communication for a period of two weeks. Unofficial table of contents

Section 35 Letter of revocations

(1) If the application is valid, the head of the Management Committee shall immediately issue a copy of the application. The appointment procedure is initiated with the adoption of the letter of appeal. (2) The letter of appointment must contain the following information:

1.

the date of its adoption;

2.

the content of the application;

3.

the name of the applicant;

4.

the number of workers who have signed the application;

5.

that the vote can only take part in the list of voters who are entered in the electoral roll;

6.

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

7.

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

8.

the indication of the possibility of the written vote as well as the operating parts and micro-enterprises for the written vote in accordance with § 36 para. 2 and § 16 para. 3 no. 1 is decided and whether the written vote in accordance with § 16 para. 3 no. 2 has been decided upon;

9.

that objections and other declarations are to be made to the head of the holding of business.

(3) Section 5 (3) shall apply mutas to the publication of the notice of appeal. Unofficial table of contents

§ 36 ballot paper, vote

(1) The ballot papers may only contain the application and the question to the person entitled to vote, whether he or she is voting for or against the request for a dismise. If the voting person gives his/her vote for the application, he crosses the pre-printed "Yes", otherwise the pre-printed "No" at the place provided for this in the ballot paper. (2) In addition, § 13 (3) and § § apply to the vote. 14 to 17 accordingly. Unofficial table of contents

Section 37 Public vote counting, voting record, files

(1) Immediately after the vote has been completed, the operating election officer shall publicly count the votes. § 18 (2) to (4) shall apply accordingly. (2) In the case of the minutes of the operating election board, the notice and the files resulting from a request for convocation, § § 20 to 22 shall apply accordingly.

Chapter 2
Dismissiles by employees of several undertakings or several undertakings

Unofficial table of contents

Section 38 General provisions

If the employees of several establishments or of several companies participate in the vote on the convening of an employee representative on the Supervisory Board, the provisions of Part 2, Chapter 1 shall apply mutatily, unless the provisions of Chapter 1 of this Article are not applicable. the following rules provide for derogations. Unofficial table of contents

Section 39 Request, head of the company election, main election

(1) The application for dismise pursuant to § 12 of the law must be submitted in writing.

1.

in the case of the General Works Council, if the Supervisory Board member, whose appointment is requested, has been elected by the employees of several establishments; if there is no General Works Council, the application shall be submitted to the Works Council;

2.

at the Group Works Council, if the Supervisory Board member, whose appointment is requested, has been elected by the employees of several companies; if there is no Group Works Council, the application shall be the largest by the number of eligible voters. Companies in which an employee representation exists under the Works Constitution Act; address of the application is the General Works Council or, if one does not exist, the Works Council.

Section 32 (1) sentence 2 shall apply accordingly. (2) immediately after receipt of an application for a dismise or a corresponding decision of an works council, the electoral board responsible pursuant to section 25 (1) shall be formed, unless the request is in accordance with obviously not the requirements referred to in Article 12 (1) of the Act. § 26 shall apply to the size and composition of the competent electoral board. Unofficial table of contents

§ 40 Operating Electoral Council

§ 25 (2) and (3) and § 27 shall apply to the formation, size, composition and tasks of the Management Board. Unofficial table of contents

Section 41 Letter of revocations

The competent electoral authority shall immediately issue a letter of appeal.

Part 3
Special provisions for the participation of workers in a maritime operation

Chapter 1
Choice

Unofficial table of contents

Section 42 General provisions

The provisions of Part 1 shall apply mutagentily to the election of members of the Supervisory Board of employees in the event of the participation of employees of a maritime establishment, unless derogations are made from the following provisions. Unofficial table of contents

Section 43 Introduction of the election

(1) The time limit referred to in § 1 shall be extended to 22 weeks. (2) A head of operation shall not be formed for the maritime operation. The competent electoral authority responsible in accordance with section 25 (1) shall carry out the tasks resulting from this Regulation in the operation of the sea. (3) Communications which are to be disclosed in the operation of the sea shall send the competent electoral authority to any sea-holding company. Ship and shall communicate 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 contract notice shall be noted on the notice. (4) The competent electoral board shall send a copy of the voter's list of seafarers, the law and this Regulation to each vessel belonging to the sea. 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 competent 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 shall allow the inspection of the voter list of the operation of the sea in the same way as the voters ' list referred to in § 4. Unofficial table of contents

Section 44 Announcement of the submission of election proposals

(1) The term of the voter shall also contain the following information in the sea operation:

1.

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

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 master, on each vessel of the sea operation;

4.

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

5.

the date by which the ballot letters shall be received by the competent electoral board.

(2) By way of derogation from § 6 (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.

(3) The deadline for the submission of nominations (§ 7) is extended to five weeks. (4) The deadline for announcting the election proposals (§ 12) is 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 land establishments shall be subject to the time-limit for the voting of the employees of the If it is not sufficient, the competent electoral authority may extend this minimum period to a maximum of five weeks. § 43 (3) (5) applies to the announcement of the election proposals in the maritime sector. § 43 (3) applies to the announcement of the voter's letter of voter in the sea-holding company. Unofficial table of contents

Section 45 Voting

(1) The employees of the Maritime Business 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 (§ 29), the competent electoral board shall send

1.

each vessel shall have the documents required for the submission of votes in a number exceeding the number of the ship ' s rule-making by at least 10 per cent;

2.

all workers of the sea establishments which are aware of the fact that they are not on board a vessel, the documents required for the 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 competent electoral board.

Chapter 2
Dismise

Unofficial table of contents

Section 46 General provisions

The provisions of Part 2 shall apply mutagentily to the convening of members of the Supervisory Board of employees in the event of the participation of employees of seafarers, unless there are any deviations from the following provisions. Unofficial table of contents

Section 47 Introduction of the appeal procedure

(1) For the operation of the sea, a head of operation shall not be formed. The competent electoral board shall carry out the duties of the operating election board arising from this Regulation in the operation of the sea. (2) Section 43 (3) shall apply to communications which are to be disclosed in the maritime operation. Unofficial table of contents

Section 48 Abortion Letters for Maritime Companies, Voter List

§ 44 (1), (2) and (5) shall apply to the letter of reappointment in accordance with § 41 and the voters ' list. Unofficial table of contents

Section 49 Voting

The employees of Seebetriebe are voting in postal ballot when the members of the Supervisory Board are convened. Section 45 (2) shall apply accordingly for the vote.

Part 4
Final provisions

Unofficial table of contents

Section 50 Calculation of time limits

For the purposes of calculating the time limits laid down in this Regulation, § § 186 to 193 of the Civil Code shall be applicable. Unofficial table of contents

Section 51 Transitional regime

The provisions of the First Law Decree on the Implementation of the Works Constitution Act in the Federal Law Gazan Part III, No. 801-1-1, are based on elections or reps initiated before 1 July 2004. also published in accordance with § 87a of the German Works Constitution Act 1952 in the revised version published in the Bundesgesetzblatt, Part III, outline number 801-1, published in accordance with article 87a of the German Works Constitution Act, the last published by article 9 of the Law of 23 July 2001 (BGBl. I p. 1852).