Second Regulation on the Implementation of the Law on the Law of the Works Constitution (Seeschifffahrt-WOS)

Unofficial table of contents

WOS

Date of completion: 07.02.2002

Full quote:

" The Seeschifffahrt electoral system of 7 February 2002 (BGBl. I p. 594) "

Footnote

(+ + + Text evidence from: 16.  2.2002 + + +) 

  

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Input formula

On the basis of § 126 of the Works Constitution Act, as amended by the Notice of 25 September 2001 (BGBl. I p. 2518), the Federal Ministry of Labour and Social Affairs decrees: Unofficial table of contents

Content Summary

Part one	Choice of onboard representation	§ § 1-31
First section	General provisions	§ § 1-18
Second section	Special provisions for the election of several members of the on-board representation	§ § 19-26
First subsection	Nominations	§ § 19, 20
Second subsection	Electoral procedure in the case of a number of lists of proposals (proportional representation)	§ § 21-23
Third Subsection	Election procedure with only one proposal list (majority vote)	§ § 24-26
Third Section	Special provisions for the election of only one member of the on-board representation (majority vote)	§ § 27-30
Fourth Section	Shortened voting procedure pursuant to Section 115 (2) (6) of the Act	Section 31
Part two	Election of the Maritime Works Council	§ § 32-58
First section	General provisions	§ § 32-56
Second section	Special provisions	§ § 57, 58
Part Three	Transitional and final provisions	§ § 59, 60

Part one
Choice of onboard representation

First section
General provisions

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§ 1 Electoral Council

(1) The election of the on-board representation shall be the responsibility of the electoral board. In carrying out the election, it must comply with the requirements of the proper operation of the ship. The master has to provide the electoral authority with the information necessary for the proper conduct of the election and to make the necessary documents available. (2) The electoral council may have a written order of procedure. (3) The decisions of the electoral board shall be made with a simple majority of the votes cast by the electoral board. (3) voting 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 by another member of the electoral board who is entitled to vote. Unofficial table of contents

§ 2 Voter List

(1) The electoral board shall draw up a list of persons entitled to vote (voter list), separately by the sexes, for each election of the on-board representation. The persons entitled to vote are to be listed in alphabetical order with surnames, first names and date of birth. The electoral board shall correct the voters 'list until the start of the vote if a crew member receives or terminates the service on board. (2) Election and eligibility are only members of the crew who are entered in the voters' list. (3) An impression of the voters ' list and an imprint of this Regulation shall be interpreted from the date of the opening of the election (Section 5 (1) sentence 2) until the vote is completed at a suitable place on board for inspection. The imprint of the voters ' list is not intended to contain the birth dates of the voters. In addition, the imprint of the voters ' list and of the regulation can be made known by means of the information and communication technology available on board. The contract notice shall only be permitted in electronic means only if all crew members are able to obtain knowledge of the notice and provision is made for changes in the notice to be made only by the electoral board. (4) The electoral board is to ensure that foreign crew members who are not proficient in the German language are informed in good time about the choice of board representation, in particular about the importance of the voter list, via the Preparation of election proposals and voting in a suitable manner shall be informed. Unofficial table of contents

§ 3 Claims against the voters ' list

(1) Claims against the correctness of the voters ' list can be filed with effect for the election of the on-board representation only before the expiry of 48 hours since the vote of the ballot letter at the electoral board. (2) On objections pursuant to paragraph 1, the The election of the electoral body shall be taken immediately. If an objection is deemed to be justified, the voters ' list shall be corrected. The decision of the electoral board shall be notified in writing immediately to the crew member who lodged the opposition, but at the latest by the beginning of the vote. (3) The voters ' list can only be used after the expiry of the opposition period. Written errors, undisclosed inaccuracies and any objections filed in good time to the beginning of the vote shall be corrected; § 2 para. 1 sentence 3 shall remain unaffected. Unofficial table of contents

§ 4 Determination of the minimum seats for the sex in the minority

(1) The electoral board shall determine which gender is in the minority from its numerical ratio on board. The electoral board then calculates the minimum proportion of seats in the board for the gender in the minority (§ 115 para. 2 i.V.m. Section 15 (2) of the Law) in accordance with the principles of proportional representation. To this end, the numbers of women and men employed on the day of the adoption of the ballot letter on board will be placed side by side in a row, and both 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 for the allocation of the seats to be distributed are no longer considered. (2) Among the partial numbers found in this way, so many The maximum numbers are sorted out and ordered according to how members of the board are to be elected. The gender in the minority is allocated to as many member seats as maximum numbers are allocated to it. If the lowest possible maximum number for both sexes is not available at the same time, the lot shall decide on the sex of that seat. Unofficial table of contents

§ 5 Election

(1) immediately, but not before the expiry of 24 hours since his appointment, the electoral board shall issue a ballot letter to be issued by the chairman or the chairman and by at least one other voting member of the electoral board . With the issuing of the ballot letter, the election of the onboard representation is initiated. (2) The term of the election must contain the following information:

1.

the date and time of its adoption;

2.

the place where the voters 'list and this regulation are on board, as well as in the case of publication in an electronic way (§ 2 para. 3 sentence 3 and 4) where and how it can be noted from the voters' list and the regulation;

3.

that eligible and electable only is who is entered in the voters 'list, and that objections to the voters' list can only be lodged before the expiry of 48 hours since the ballot letter has been issued; the date of the the expiry of the period shall be indicated;

4.

the proportion of the sexes and the fact that the sex in the minority must be represented at least in proportion to its numerical ratio if the on-board representation consists of at least three members (§ 115 2 i.V.m. Section 15 (2) of the Act);

5.

the number of members of the on-board representation to be elected (section 115 (2) (3), section 11 of the law) and the minimum number of seats in the on-board representation (§ 15 para. 2 of the law), which are based on the sex in the minority;

6.

the minimum number of crew members of which an election proposal must be signed (Section 14 (4) of the Law);

7.

that the nomination of a union represented on board must be signed by two representatives (Section 14 (5) of the Act);

8.

that the nominations must be submitted in the form of proposals for proposals if several members of the board are to be elected;

9.

that an election proposal should have at least twice as many candidates, as in the ballot box, to elect members of the board;

10.

the election proposals must be submitted to the electoral committee before the expiry of 48 hours since the ballot letter has been issued; the date of expiry of the deadline shall be indicated;

11.

that the vote is subject to election proposals and that only those nominations received by the Electoral Council on time are taken into account;

12.

the nominations, the place and the date of the vote and the place, day and time of the public counting of votes shall be made known in the same way as the issuing of the ballot letter by a special annex;

13.

the place where the electoral board is available on board, and the names of its members.

(3) An imprint of the ballot letter shall be suspended from the electoral authority and preserved in a legible state from the time of its adoption until the end of the vote at one or more appropriate posts accessible to the electorate. In addition, the elective letter can be made known by means of the information and communication technology available on board. § 2 (3) sentence 4 shall apply accordingly. Unofficial table of contents

Section 6 Electoral proposals

(1) In order to elect the on-board representation, the persons entitled to vote may submit nominations before the expiry of 48 hours. (2) The nomination is based on the surname, first name, date of birth and the type of employment of the persons who have been elected. (3) The nomination must be accompanied by the written consent of the candidates listed in it to be included in the nomination. (4) The nomination should be seen as a result of the nomination. Signatory to represent the proposal with regard to the electoral committee and to receive Statements by the electoral board are entitled (list representative, list representatives). In the absence of an indication, the signatory or signatory shall be deemed to have the right to be the first party or the signatory. (5) The nomination may be accompanied by a password. Unofficial table of contents

Section 7 Electoral proposals of the trade unions

(1) For the nomination of a union represented on board (Section 14 (3) of the Law), § 6 and § § 8 to 31 shall apply accordingly. (2) The election proposal of a union is invalid if it is not from two representatives of the union (3) The person or agent who has been signed in the first place shall be deemed to be a list representative or a list representative. The union may appoint a crew member who belongs to it as a list representative or a list representative. Unofficial table of contents

§ 8 Treatment of the election proposals by the electoral management

(1) The electoral council has to confirm in writing the date of submission of the election proposal or, if it is submitted in any other way, the list representative or the list representative. (2) The Electoral Council shall have the right to vote in writing. Nominations, which are not provided with a password, with surnames and first names of the applicant or nominee named first. He shall immediately examine the nominations for election and inform the list representative or the list representative in writing without delay in the event of invalidity or complaints, stating the reasons. (3) If a person entitled to vote has a number of nominations , at the request of the electoral board, he shall declare, within a reasonable time limit set by him, and no later than six hours, the signature of the person 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: (4) If the name of a candidate with her or his written consent is the name of a candidate on several lists of proposals (Article 19 (1)), the applicant shall be informed of the nomination of the applicant. , this person shall, at the request of the electoral board, have within one of the following: shall, at the latest, no later than six hours, declare the application for which it is to apply. If the declaration is not received within the time limit, the applicant must be deleted on all lists of proposals. Unofficial table of contents

§ 9 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted within the time limit,

2.

where the applicants are not listed in a recognizable order,

3.

which do not have the required number of signatures (Section 14 (4) of the Law). The withdrawal of signatures on a proposed nomination does not affect the validity of the nomination; § 8 (3) remains unaffected.

(2) Unvalid nominations shall also be made;

1.

where the applicants are not referred to in the manner specified in Article 6 (2),

2.

if the written consent of the applicants for inclusion in the nomination is not available (Section 6 (3)),

3.

if the electoral proposal no longer has the required number of signatures as a result of deletion in accordance with Article 8 (3),

if these deficiencies are not remedied before the expiry of a period of six hours, despite the complaint. Unofficial table of contents

§ 10 Grace period for the submission of nominations

(1) If no valid nomination has been submitted before the expiry of the time limits set out in § 6 (1) and § 9 (2), this shall immediately be notified to the Electoral Council in the same manner as the Election Letter and a grace period of 24 hours for the submission of election proposals. It should be noted in the notice that the election only takes place if at least one valid nomination is submitted within the grace period. (2) If no valid nomination is submitted before the expiry of the grace period, the election shall be held not instead. The Electoral Council shall immediately disclose this in the same way as the Election Letter. Unofficial table of contents

Section 11 Announcements on voting

(1) immediately after order of the election proposals (§ § 20, 28 para. 2), the electoral management body

1.

the nominations accepted as valid,

2.

the place and period of the vote (paragraph 2); and

3.

Notes for the vote (paragraph 3)

in the same way as the right to vote until the end of the vote. (2) The period of the vote must not start before the expiry of 24 hours from the date of publication and shall be no later than 48 hours after the date of publication of the notice. end. It is to be calculated in such a way that all persons entitled to vote are able to vote in the light of the requirements of the proper operation of the ship. (3) In the notes for the vote, it should be stated that the voter or the voter shall have the right to vote on the In the case of a proportional representation (§ § 21 to 23), a list of votes may only be selected; 2 in the case of a majority vote according to § § 24 to 30 as many names as members of the on-board representation are to be chosen. Unofficial table of contents

Section 12 Voting

(1) The right to vote shall be exercised by issuing a ballot paper in an election envelope. The ballot papers shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes. (2) If the on-board representation is to be elected in accordance with the principles of proportional representation (§ § 21 to 23), the person entitled to vote may be entitled to Vote only for the entire proposal list. If according to the principles of majority voting is to be chosen (§ § 24 to 30), the vote shall be submitted for the individual applicants. Unofficial table of contents

Section 13 Electoral procedure

(1) The Electoral Council shall make provision for the voter or voter to designate the ballot in the electoral area unobserved and to place the ballot in the electoral envelope. One or more ballot boxes shall be used for the inclusion of the election envelopes. Before the vote begins, the ballot boxes are to be closed by the electoral head. They must be set up in such a way that the election envelopes cannot be removed without opening the ballot box. (2) During the period of the vote, at least two voting members of the electoral board in the electoral area must be voting be present. If an election worker is appointed, the presence of an eligible member of the electoral board and of an election worker shall suffice. (3) The voter or voter shall give his or her name to the elector and raise the The ballot box in which the ballot paper is inserted shall enter the ballot box after the vote has been recorded in the voters ' list. (4) Any person affected by his or her disability in the ballot box may be a person of his or her confidence. , which shall assist him in the vote, and shall inform the Electoral Council accordingly. Election candidates, members of the electoral board as well as election helpers 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 the trust may, together with the voter or 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. The sentences 1 to 4 apply correspondingly to the reading of unblemished voters. (5) If the votes are not counted immediately after the vote is complete, then the electoral prestand has to seal the ballot boxes. The same shall apply in the event of a break in the vote. Unofficial table of contents

Section 14 Public counting of votes

Immediately after the vote has been completed, the electoral body shall publicly accept the counting of the votes and shall announce the election result. Unofficial table of contents

Section 15 Determination of the results of the election

(1) After the ballot box has been opened, the electoral body shall decide on the ballot papers and examine their validity. (2) Invalidity shall be ballot papers,

1.

that are not cast in an election envelope,

2.

which do not meet the requirements of Section 12 (1) sentence 2,

3.

from which the will of the voter does not give up without any doubt,

4.

which contain a special feature, an addition or a reservation.

(3) A number of ballot papers contained in an election envelope that are fully in accordance shall be counted as one vote. If they do not agree completely, they are not valid. (4) The electoral council counts

1.

in the case of proportional representation (§ § 21 to 23), those on each proposal list,

2.

in the case of the majority vote (§ § 24 to 30), which apply to each individual applicant

total valid votes. Unofficial table of contents

Section 16 Election

(1) After the determination of who is elected, the electoral code has to be determined in a transcript

1.

the total number of votes cast and the number of valid votes;

2.

the number of invalid votes;

3.

in the case of proportional representation (§ § 21 to 23), the number of valid votes cast on each list of proposals, as well as the calculated maximum numbers and their distribution on the list of proposals;

4.

in the case of the majority vote (§ § 24 to 30), the number of valid votes cast on each applicant and each candidate;

5.

the names of the candidates elected;

6.

where appropriate, special incidents or other events which have occurred during the election of the on-board representation.

(2) The minutes shall be signed by the chairman or the chairman and by at least one other voting member of the electoral board. (3) The electoral board shall each have a copy of the voting record to the master, the Maritime Works Council and the to forward the trade unions represented on board without delay. Unofficial table of contents

Section 17 Notification of the announcement of the elected

(1) The Electoral Council shall notify the elected immediately in writing of their election. If, within three working days of receipt of the notification, the person elected does not declare that he/she is opposed to the election, the election shall be deemed to have been accepted. (2) The names of those elected as members of the on-board representation shall be deemed to have been elected by one-week-old To make it known in the same way as the Election Letter. Unofficial table of contents

Section 18 Storage of the electoral markets

The on-board representation has to keep the electoral markets at least until the end of their term of office.

Second section
Special provisions for the election of several members of the on-board representation

First subsection
Nominations

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Section 19 Additional requirements

(1) If several members of the on-board representation are to be elected, each nomination shall contain at least twice as many candidates as members of the on-board representation to choose. The names of the individual applicants must be listed in a recognizable order and marked with continuous numbers (list of proposals). (2) An eligible person can legally only sign a list of candidates. (3) A candidate may be proposed legally only on a list of proposals. (4) A connection of proposal lists shall be inadmissible. Unofficial table of contents

§ 20 Order of the proposal lists

Immediately after the expiry of the time limits laid down in § 6 (1), § 9 (2) and § 10 (1), the electoral board shall determine by lot the order of the order numbers allocated to the nomination lists accepted as valid (list 1, etc.). List representatives are to be invited to the lottery decision in good time.

Second subsection
Electoral procedure in the case of a number of lists of proposals (proportional representation)

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§ 21 ballot paper, vote

(1) In accordance with the principles of proportional representation (list choice), if several valid lists of proposals have been received. (2) On the ballot list, the list of proposals shall be in the order of the order numbers, specifying surnames, The first name and type of employment of the first name or the person named above; for lists provided with a password, the password must also be given. (3) The voter or voter will cross the list of proposals on the ballot paper, for which she or she wants to cast her or her voice. The vote can only be made for a list of proposals. Unofficial table of contents

Section 22 Distribution of seats on the list of proposals

(1) The seats shall be distributed on the list of proposals. For this purpose, the number of votes allocated to each proposal list is placed next to each other in a row, all of which are represented 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 for the allocation of the seats to be distributed are no longer considered. (2) Among the partial numbers found in this way, so many The maximum numbers are sorted out and ordered according to how members of the board are to be elected. Each proposal list shall be allocated as many Members ' seats as maximum numbers shall be allocated to them. If the lowest number eligible for a list of proposals is not included in the list, the lot shall be decided on the list of proposals for which this seat is to be made. (3) If a list of proposals contains fewer applicants than If the maximum number of members is to be omitted, the excess member seats shall be allocated to the following maximum numbers of the other list of proposals. (4) The order of the candidates within the individual list of nominations shall be determined by the order in which they were appointed. (5) It is found in the In the case of the maximum number of members of the minority in the minority according to Article 15 (2) of the law, the following shall apply:

1.

In place of the person who is on the list of proposals with the lowest maximum number and who does not belong to the sex in the minority, the person who has not been named in the same proposal list shall appear in the order in which it has been named, of the person who has not been taken into account. Gender in the minority.

2.

If the list of proposals does not include a person of sex in the minority, that seat shall cover the list of proposals with the following maximum number, not yet taken into account, and with members of the minority in the minority. If the following maximum number is not applicable to a number of lists of proposals at the same time, the lot shall be decided on the list of proposals to which this seat is to be submitted.

3.

The procedure referred to in points 1 and 2 shall be continued until the minimum proportion of the seats of sex in the minority is reached in accordance with Article 15 (2) of the Act.

4.

In the case of the distribution of the seats of the sex in the minority, only the members of the same sex shall be taken into account in the order in which they are appointed on the individual lists of proposals.

5.

If there is no other list of proposals on sex members in the minority, the seat remains on the list of proposals, which should have been the last seat in favour of sex in the minority in accordance with point 1.

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Section 23 Rejection of the election

If an elected person rejects the election, the person who has been named in the same list shall be replaced by a person who is not elected. If the elected person belongs to the minority, the person who has been named in the same list shall be replaced by the person who has not been elected, who is not elected, if otherwise the sex is in the minority. shall not be granted the minimum seats to which it is subject in accordance with Article 15 (2) of the Act. Section 22 (5) nos. 2 to 5 shall apply accordingly.

Third Subsection
Election procedure with only one proposal list (majority vote)

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§ 24 ballot paper, vote

(1) In accordance with the principles of the majority vote, if only a valid list of proposals has been received, the candidates shall be elected on the ballot papers with the name of the surname, the first name and the type of employment in the (3) The voter or voter shall cross the names of the candidates for which she or she wishes to cast the ballot on the ballot paper. The vote can only be cast for those applicants who are listed on the ballot paper. No more names may be crossed as members of the on-board representation are to be elected. Unofficial table of contents

Section 25 Determination of the elected

(1) First of all, the minimum number of seats in the minority (Article 15 (2) of the Law) shall be distributed. To this end, the minimum number of seats with members of the same sex in the minority shall be filled in the order of the highest number of votes in each case. (2) After the distribution of the minimum seats of sex in the minority referred to in paragraph 1 shall be allocated the distribution of the additional seats. The additional seats shall be filled with candidates, irrespective of their sex, in the order of the highest number of votes in each case. (3) In the cases referred to in paragraph 1 or 2, have to be awarded for the last number of votes. If a number of applicants are registered with the same number of votes, the lot will decide who is elected. (4) If fewer members of the minority have been elected in the minority, or if they are not members of the minority, they will be less likely to be elected. The person who has been elected pursuant to Article 15 (2) of the Act shall be elected as the minimum number of seats, the to the extent to which surplus membership seats of the sex in the minority shall be taken into account in the distribution of seats in accordance with the second sentence of paragraph 2 Unofficial table of contents

Section 26 Rejection of the election

If an elected person rejects the election, the person who has not been elected shall replace the person with the next highest number of votes. If the chosen person belongs to the minority in the minority, the person who is not elected to this sex shall be replaced by the next highest number of votes, if otherwise the sex in the minority does not meet him in accordance with Article 15 (2) of the It would be possible to obtain minimum seats. If there are no other members of the same sex, the votes shall be taken to the unelected person of the opposite sex with the next highest number of votes.

Third Section
Special provisions for the election of only one member of the on-board representation (majority vote)

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§ 27 Principle for the election of the member of the board

If only one member of the board is to be elected, the election shall be based on the principles of the majority vote (Section 14 (2) of the Law). Unofficial table of contents

Section 28 Electoral proposals

(1) Electoral persons may legally only sign an election proposal for the election of the member of the on-board representation. (2) immediately after the expiry of the time limits laid down in § 6 (1), § 9 (2) and (10) (1), the electoral board shall order the as valid nominations in alphabetical order. Unofficial table of contents

§ 29 ballot paper, vote

(1) The candidates shall be listed on the ballot paper in alphabetical order, specifying the surname, first name and type of employment. (2) The voter or voter shall cross the name of the applicant on the ballot paper. or the candidate for which he or she wishes to cast his vote. The vote may only be cast for a candidate who is listed on the ballot paper or an applicant. Unofficial table of contents

Section 30 Wahler's result

(1) As a member of the on-board representation, it is elected who has received the most votes. If the number of votes is equal, the lot will decide. (2) If the chosen person decides to choose, then the person who is not elected shall replace the person with the next highest number of votes.

Fourth Section
Shortened voting procedure pursuant to Section 115 (2) (6) of the Act

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§ 31 Procedure

If a decision is submitted pursuant to Section 115 (2) No. 6 of the Act, the provisions of § § 1 to 30 shall apply with the following conditions:

1.

The electoral management body shall immediately initiate the election and carry out the vote in such a way that the vote has ended before the end of 24 hours since the ballot letter has been issued.

2.

By way of derogation from the terms of section 3 (1), 5 (1), 2 (3) and 10, § 6 (1), § 8 (3) sentence 1 and (4) sentence 1, section 9 (2) and § 11 (1) and (2), the electoral management body has to determine the course of the election. Where:

a)

for the objection to the voters ' list (section 3 (1)) and for the submission of nominations (§ 6 (1) sentence 1) and

b)

for the announcement of the election proposals (§ 11 (1) and (2)) at least one period of six hours is available.

3.

By way of derogation from § 5 (2) (12) and (11), the electoral authority shall disclose the location and the period of the vote as well as the public vote count and the indications for the vote in the election letter.

4.

If the expiry of the election is delayed for compelling reasons, the electoral committee shall continue the election after the expiry of the period referred to in point 1. It shall ensure a speedy continuation of the election, having regard to the time limits laid down in the second sentence of paragraph 2. The right to vote is to be corrected accordingly.

Part two
Election of the Maritime Works Council

First section
General provisions

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Section 32 Electoral presume

(1) The management of the election of the Maritime Works Council shall be the responsibility of the electoral board. The employer shall provide the head of the election with the information necessary for the proper conduct of the election and shall make available the necessary documents, in particular the indication of the ports, which shall be indicated on the Ships belonging to seagoing companies are calling for ships, as well as the expected berth. (2) The electoral board may have a written order of procedure. He or she may, in the case of workers who are entitled to vote in the land operation of the shipping company, as election workers, to assist in the tasks referred to in Article 51 (2) and in the counting of the votes. (3) The decisions of the electoral board shall be taken with a simple majority of votes of the members entitled to vote. 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 by another member of the electoral board who is entitled to vote. Unofficial table of contents

Section 33 Voter list

(1) For each election of the Maritime Works Council, the electoral board shall draw up a list of persons entitled to vote (voter list), ordered by the ships belonging to the sea operation. In these, the sexes are to be seduced separately. Persons entitled to vote in the list of voters who are not employed on board a vessel shall be listed separately on the list of voters separately according to their sex. The persons entitled to vote should be listed in alphabetical order with surnames, first names and date of birth. (2) The electoral board shall correct the voters ' list until the vote is completed, if a member of the crew member is to (3) Only crew members who are registered in the voters ' list are eligible to vote. Unofficial table of contents

§ 34 Dialcibility list

(1) If workers employed only in the land operation of the shipping company can be elected to the Maritime Works Council (Section 116 (2) (2) (b) of the Law), the electoral board has a list of these electable workers (eligibility list), separately according to the sexes. § 33 (1) sentence 4 applies accordingly. (2) Only employees who have been elected to the voters ' list in the case of Section 116 (2) (2) (a) of the Act and in the case of Section 116 (2) (2) (b) of the Act are eligible to vote in the Eligibility list is entered. Unofficial table of contents

Section 35 Notice

(1) An impression of the voter list, the eligibility list and this Regulation shall be sent to each vessel belonging to the sea operation together with the voter's letter and shall be sent by the on-board representation or, if there is no such representation, by the master immediately, pending the conclusion of the ballot, to be placed on board for inspection at the appropriate place. The electoral board shall also have an imprint of the voters ' list, the list of eligible voters and an imprint of this Regulation from the date of the initiation of the election until the end of the vote at the appropriate place of the vote, accessible to the electorate. To interpret the land operation of the shipping company for inspection. The imprints of the voters ' list and of the eligibility list shall not include the dates of birth of the persons entitled to vote and of the electable workers. In addition, the imprints of the voters ' list, the eligibility list and the regulation can be made known by means of the existing information and communication technology. The contract notice shall only be permitted in electronic means only if all persons entitled to vote are able to obtain knowledge of the notice and provision is made for changes to the notice to be made only by the electoral executive. (2) The electoral board is to ensure that foreign workers who are not proficient in the German language are in good time informed about the election of the Maritime Works Council, in particular the importance of the voters ' list and the list of eligibility, the list of nominations and the list of nominations, and Voting in an appropriate manner shall be provided. Unofficial table of contents

Section 36 Claims against the voters ' list or the eligibility list

(1) Claims against the correctness of the voters ' list or the eligibility list can only be made in writing to the electoral board before the expiry of the time limit set for the submission of nominations (§ 40) for the election of the Maritime Works Council (2) The electoral management body shall immediately decide on objections under paragraph 1. If an objection is deemed to be well founded, the list shall be corrected. The decision of the electoral board shall be notified immediately in writing to the employee or to the employee who has appealed. (3) The voters ' list and the list of voters may, after the expiry of the opposition period, only apply to: Written errors, undisclosed inaccuracies and any objections filed in good time to the conclusion of the ballot shall be corrected; section 33 (2) shall remain unaffected. Unofficial table of contents

Section 37 Determination of the minimum seats for the sex in the minority

(1) The electoral council shall determine which gender is in the minority in terms of the number of persons in the sea. The electoral board then calculates the minimum proportion of seats in the Maritime Works Council for the gender in the minority (§ 116 para. 2 i.c.w. Section 15 (2) of the Law) in accordance with the principles of proportional representation. For this purpose, the figures of the women and men belonging to the seagoing operation on the day of the adoption of the ballot shall be placed side by side in a row, and both 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 for the allocation of the seats to be distributed are no longer considered. (2) Among the partial numbers found in this way, so many Maximum numbers are sorted out and ordered by size, as members of the Maritime Works Council are to be elected. The gender in the minority is allocated to as many member seats as maximum numbers are allocated to it. If the lowest possible maximum number for both sexes is not available at the same time, the lot shall decide on the sex of that seat. Unofficial table of contents

Section 38 Election

(1) immediately after his appointment, the electoral board shall issue a ballot letter to be signed by the chairman or the chairman and by at least one other voting member of the electoral board. The election of the Maritime Works Council is initiated by the issuing of the ballot letter. (2) The term of the ballot letter must contain the following information:

1.

the date of its adoption;

2.

the place where the voter list, the list of voters, the list of voters and this regulation are located, and in the case of publication in electronic means (section 35 (1) sentences 4 and 5), where and from the list of voters, the list of voters and the list of voters, the list of voters and the list of voters, the list of voters and the regulation may be taken into account;

3.

that the on-board representation, or, where there is no such representation, the master of each ship shall determine the place where the voter list, the list of voters and this regulation are on board, and shall be known in the same way as the voter ' s letter of writing; ;

4.

that only those who are entered in the voters ' list shall have the right to vote, and that only who is elected is who

a)

in the case of Section 116 (2) (2) (a) of the Act, the voters ' list and

b)

in the case of section 116 (2) (2) (b) of the Act, and that objections to those lists shall be made in writing only up to the date fixed by the electoral board for the submission of nominations for election, the right to vote; the date of expiry of the time limit shall be indicated;

5.

the proportion of the sexes and the fact that the sex in the minority in the Maritime Works Council must be represented at least in accordance with its numerical ratio if the Maritime Works Council consists of at least three members (Section 115 (2)) i.V.m. Section 15 (2) of the Act);

6.

the number of members of the Maritime Works Council to be elected (Section 116 (2) (3), (11) of the Law) and the minimum number of seats in the Maritime Works Council (Section 15 (2) of the Law), which are based on the sex in the minority;

7.

an election proposal by the electorate of at least three eligible members of the crew or, if only as a rule, up to twenty members of the crew are eligible to vote, of at least two eligible crew members (§ 14 (4) sentence 1, second half-sentence, § 116 para. 2 No. 4 of the Law);

8.

that the nomination of a union represented by the crew members of the maritime transport company must be signed by two representatives;

9.

that each person entitled to vote may sign only one nomination and that otherwise all signatures he has made shall be invalid;

10.

that the nominations must be submitted in the form of proposals for proposals if several members of the Maritime Works Council are to be elected;

11.

that an election proposal should have at least twice as many candidates as members of the Maritime Works Council;

12.

that election proposals must have been received by the electoral committee up to the date set by the electoral committee (§ 40); the date of expiry of the deadline shall be indicated;

13.

that the vote is subject to election proposals and that only those nominations received by the Electoral Council on time are taken into account;

14.

that the members of the Maritime Works Council are elected by postal ballot;

15.

that the election proposals and the date by which the election letters must be received by the electoral board, as well as the place, day and time of the public counting of votes, shall be made known in the same way as the issuing of the ballot letter by means of a special notice. ,

16.

the names of the members of the electoral board and its operating address.

(3) An imprint of the ballot letter shall be sent immediately after its decree by the electoral board to the individual ships at the same time; this may also be done by means of the existing information and communication technology. The date of dispatch shall be noted in a transcript. (4) An expression of the voter's letter shall be:

1.

on board each ship immediately by the onboard representation or, if there is no such representation, by the master,

2.

in the country holding from the date of its adoption by the electoral management

up to the end of the vote, to be suspended at one or more appropriate places accessible to the electorate, and to be kept in a legible state. In addition, the elective letter can be made known by means of the existing information and communication technology. Section 35 (1) sentence 5 shall apply accordingly. The on-board representation or, if there is no such representation, the master shall record the day of the curtain on the letter of voter and the place where the voters ' list, the list of eligibility and this regulation are on board for inspection, shall be sent to the in the same way as the election letter. The entrance to the ballot box, the voters ' list and the eligibility list on the ship is to be immediately confirmed to the electoral board. (5) The electoral board has crew members, of which he is known, that they are not on board a The ship shall be in a position to send an imprint of the voter's letter and, on request, an imprint of the voter list and the list of eligibility for eligibility. The consignment is to be noted in the voters ' list. Unofficial table of contents

Section 39 Electoral proposals

(1) Electoral candidates may submit nominations for the election of the Maritime Works Council. (2) The nomination shall include the surname, first name, date of birth and the type of employment of the candidates. (3) The nomination shall be based on the nomination. , which signatory is entitled to represent the proposal to the electoral board and to receive statements by the electoral board (list representative, list representatives). In the absence of an indication, the signatory or signatory shall be deemed to have the right to be the first party or the signatory. (4) The nomination may be accompanied by a password. Unofficial table of contents

Section 40 Submission deadline for election proposals

(1) The election proposals must be received by the voting board before the end of five weeks after the date of dispatch of the ballot letter (§ 38 para. 3). (2) If it is to be provided that the time limit referred to in paragraph 1 for the proper filing of If nominations of the crew members of the individual vessels are not sufficient, the electoral board after consultation with the employer has to fix a longer period, but not more than a period of twelve weeks. (3) After the adoption of the Electoral letter of concern that the set of nominations for the submission of nominations for election The deadline (paragraphs 1 and 2) shall not be sufficient, the head of the election shall, after consultation with the employer, extend the time limit. However, it may not exceed a total of twelve weeks. The extension of the time limit shall be immediately notified in the same way as the date of the election letter. Unofficial table of contents

Section 41 Declaration of consent of the applicants

(1) Before the expiry of the period laid down for the submission of nominations, each nomination shall be accompanied by a written declaration, accompanied by a date, of each applicant in which the nominee or the applicant shall:

1.

the inclusion in the election proposal,

2.

in the case of Section 116 (2) (2) (a) of the Act, whether or not it has already been a member of the crew of a ship carrying the flag under the flag law, or, if not, how long it has been; or he is a crew member of such a vessel.

(2) Where a number of statements by a candidate or an applicant are submitted in accordance with paragraph 1, only the declaration with the most recent date shall apply. Unofficial table of contents

Section 42 Electoral proposals of the trade unions

(1) For the election proposal of a union represented among the crew members of the shipping company (Section 14 (3) of the Law), § § 39 to 41 and 43 to 58 shall apply. (2) The election proposal of a union is invalid, if it is not signed by two representatives of the trade union (Section 14 (5) of the Law). (3) The person or agent signed in the first place shall be considered as a list representative or a list representative. The union may designate a worker or a worker of the shipping company who belongs to it. Unofficial table of contents

Section 43 Treatment of election proposals by the electoral head

(1) The electoral council shall immediately record the date of receipt of an election proposal in a minutes and confirm in writing to the list representative or the list representative. (2) The electoral council has proposed nominations which do not include: a password, with surnames and first names of the or of the first named name. He shall immediately examine the nominations for election and, in the event of invalidity or complaint, inform the list representative or the list representative immediately in writing, stating the reasons. Unofficial table of contents

Section 44 Invalid election proposals

(1) Unvalid nominations are:

1.

that have not been submitted within the time limit,

2.

where the applicants are not listed in a recognizable order,

3.

which do not have the required minimum number of valid signatures (§ 38 para. 2 no. 7). The withdrawal of signatures on a proposed nomination does not affect the validity of the nomination.

(2) Unvalid nominations shall also be made;

1.

where the applicants are not designated in the manner specified in Article 39 (2),

2.

if the written declaration of the applicants is not available in accordance with § 41, if these defects are not remedied before the expiry of the deadline set for the submission of election proposals despite the complaint.

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Section 45 Non-submission of nominations

If no nomination is made before the expiry of the deadline set for the submission of nominations, the election shall not take place. The Electoral Council shall immediately disclose this in the same way as the Election Letter. Unofficial table of contents

Section 46 postal ballot

The members of the Maritime Works Council shall be elected by postal ballot. Unofficial table of contents

Section 47 Preparation of the vote

The Electoral Council immediately after order of the election proposals (§ § 20, 28 para. 2, § § 57, 58) has to produce the following documents required for the vote:

1.

Ballot papers and envelopes;

2.

pre-printed statements to be signed by the elector or the voter, in which they assure that they have personally marked the ballot, and

3.

Ballot letter envelopes, which bear the address of the electoral board and the words "Written vote".

The ballot papers shall all have the same size, colour, texture and inscription; the same shall apply to the ballot envelopes. Unofficial table of contents

Section 48 Notices to vote

(1) The Electoral Council shall immediately disclose in the same way as the Election Letter to the end of the vote:

1.

the nominations accepted as valid;

2.

the date by which the election letters shall be received by him;

3.

in the case of proportional representation (sections 21 to 23, 57), only one list of proposals may be indicated on the ballot paper;

4.

that, in the case of majority voting in accordance with § § 24, 25 and 57, only as many names may be crossed on the ballot paper as to how members of the Maritime Works Council are to be elected;

5.

that, in the case of a majority vote in accordance with § § 27 to 30 and 58, only one applicant for the election of the member of the Maritime Works Council may be ticked;

6.

that the ballot papers must be marked in person and closed in the ballot box;

7.

that the pre-printed declaration (section 47 (2)) must be signed and closed together with the election envelope in the ballot box envelope;

8.

that the sender should be noted at the ballot letter envelope;

9.

that the crew members of each ship should return the postal ballot letters as simultaneously as possible.

Section 38 (4) shall apply in respect of the notice on board the ships. (2) Together with the notice referred to in paragraph 1, the electoral board has at the same time

1.

each ship to send the documents required for the submission of votes in a number exceeding the number of the ship ' s rules of the ship by at least 10 per cent;

2.

all crew members of the crew who are aware that they are not on board a ship, to send the documents required for the vote and to submit a copy of the notice referred to in paragraph 1.

The date of dispatch shall be in a minutes, the consignment referred to in point 2 in the voter list. 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. Unofficial table of contents

Section 49 Deadline for votes

(1) The ballot letters must be received by the board before the expiry of five weeks after they have been sent to the ships (§ 48 para. 2). (2) If it is to be provided that the time limit referred to in paragraph 1 does not apply to the proper conduct of the vote , after consulting the employer, the electoral management committee has to fix a longer period, but not more than twelve weeks. (3) After the announcement of the announcement of the vote, there is concern that the person responsible for the If the deadline for voting is not sufficient (paragraphs 1 and 2), the electoral management committee shall have the right to to extend the time limit with the employer. However, it may not exceed a total of twelve weeks. The extension of the time limit shall be immediately notified in the same way as the date of the election letter. Unofficial table of contents

Section 50 Voting

(1) If the Maritime Works Council is to be elected in accordance with the principles of proportional representation (§ § 21 to 23, 57), the person entitled to vote may cast his vote only for the entire proposal list. In the case of voting in accordance with the principles of majority voting (§ § 24 to 30, 57, 58), the vote shall be made for the individual candidates. (2) The voter or voter shall have the right to vote.

1.

to personally mark the ballot paper in person and to close the ballot in the envelope;

2.

to sign the pre-printed declaration (Section 47 (2)), stating the date, and to close it together with the election envelope in the ballot box,

3.

on the ballot letter envelope, record the name and address and send it back to the electoral office.

The election letters of the crew members of a vessel shall be dispatched at the same time as possible. Unofficial table of contents

Section 51 Treatment of the ballot letters by the electoral board

(1) The electoral executive shall immediately after the receipt of an election letter

1.

on the ballot letter envelope, note the date of its receipt;

2.

in the list of voters on the name of the voter or the voter, to mark the receipt; and

3.

to take the ballot letter under wraps.

(2) On the first working day following the expiry of the period laid down for the vote, the electoral board shall, in a public meeting, open the ballot envelopes received in good time and take note of the envelope and the pre-printed declaration. If the vote is duly taken, the electoral board must note them in the voters ' list and put the ballot box unopened in the ballot box. It must be set up in such a way as to ensure that the ballot boxes cannot be removed without opening the ballot box. (3) The vote shall not be duly completed if:

1.

an election letter does not bear a sender,

2.

an election letter does not include a signed pre-printed declaration by the sender in accordance with section 47 (2),

3.

the ballot paper has not been received in a closed ballot,

4.

have received a number of letters from a voter or a voter, or

5.

An election letter has been received late.

The electoral board shall keep these postal ballots separately; they shall not be taken into account for the election. The election envelopes must not be opened. They shall be destroyed three months after the announcement of the election result, unless the election has been challenged. (4) If the votes are not counted directly after the election envelopes have been cast into the ballot boxes, the electoral committee shall have the following: To seal ballot boxes. Unofficial table of contents

Section 52 Public counting of votes

Immediately after the election envelopes have been thrown into the ballot boxes (Section 51 (2)), the electoral body shall publicly accept the counting of the votes and shall announce the election result. Unofficial table of contents

Section 53 Determination of the results of the election

(1) After the ballot box has been opened, the electoral body shall decide on the ballot papers and examine their validity. (2) Invalidity shall be ballot papers,

1.

which do not meet the requirements of Section 47, sentence 2;

2.

from which the will of the voter does not arise without any doubt;

3.

which contain a special feature, an addition or a reservation.

(3) A number of ballot papers contained in an election envelope that are fully in accordance shall be counted as one vote. If they do not agree completely, they are not valid. (4) The electoral council counts

1.

in the case of proportional representation (§ § 21 to 23, 57), those on each proposal list,

2.

in the case of the majority vote (§ § 24 to 30, 57, 58), which shall apply to each individual applicant

total valid votes. Unofficial table of contents

Section 54 Election

(1) After the determination of who is elected, the electoral code has to be determined in a transcript

1.

the number of votes not taken into account in accordance with Article 51 (3);

2.

the total number of votes cast and the number of valid votes;

3.

the number of invalid votes;

4.

in the case of proportional representation (sections 21 to 23, 57), the number of valid votes cast on each list of proposals, as well as the calculated maximum numbers and their distribution, on the list of proposals;

5.

in the case of the majority vote (§ § 24 to 30, 57, 58), the number of valid votes cast on each applicant and each candidate;

6.

the names of the candidates elected;

7.

where appropriate, special incidents or other events which have occurred during the election of the Maritime Works Council.

(2) The minutes shall be signed by the chairman or the chairman and by at least one other voting member of the electoral board. (3) The electoral board shall each have a copy of the voting record to the employer and the one under the Members of the crew are to be sent immediately. Unofficial table of contents

Section 55 Notification and announcement of the elected

(1) The Election Board shall notify the elected immediately in writing of their choice. (2) The names of those elected as members of the Maritime Works Council shall be made known in the same way as the electoral letter shall be announced by a week-long term. Unofficial table of contents

Section 56 Storage of the electoral markets

The Maritime Works Council shall keep the electoral markets at least until the end of its term of office.

Second section
Special provisions

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Section 57 Election of several members of the Maritime Works Council

The provisions of § § 19 to 26 shall apply to the election of the members of the Maritime Works Council with the following conditions:

1.

The time limit laid down for the submission of election proposals for the election of the Maritime Works Council shall be replaced by the time limit laid down in section 20, first sentence, (§ 40).

2.

§ 20 sentence 2 shall not apply.

3.

The result of the draw (§ 20 sentence 1) shall be included in the meeting minutes of the electoral board.

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Section 58 Election of only one member of the Maritime Works Council

The provisions of § § 27 to 30 shall apply to the election of only one member of the Maritime Works Council accordingly, with the proviso that the time limits specified in § 28 (2) shall be replaced by those for the submission of election proposals for the election of the The Maritime Works Council is due to enter into force (§ 40).

Part Three
Transitional and final provisions

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Section 59 Calculation of time limits

To the extent that, in accordance with this Regulation, a period of time after hours has been determined, it shall begin the next full hour following the relevant event. In addition, § § 186 to 193 of the Civil Code shall apply to the calculation of the time limits laid down in this Regulation. Unofficial table of contents

Section 60 Entry into force

This Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.