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Works Constitution Act

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Übersetzung durch den Sprachendienst des Bundesministeriums für Arbeit und Soziales.

Translation provided by the Language Service of the Federal Ministry of Labour and Social Affairs.

Stand: Die Übersetzung berücksichtigt die Änderung(en) des Gesetzes durch Artikel 3 des Gesetzes vom 20.4.2013 (BGBl. I S. 868)
Der Stand der deutschsprachigen Dokumentation kann aktueller sein. Vergleichen Sie dazu bitte http://www.gesetze-im-internet.de/betrvg/BJNR000130972.html.

Version information: The translation includes the amendment(s) to the Act by Article 3 of the Act of 20.4.2013 (Federal Law Gazette I p. 868)
Translations may not be updated at the same time as the German legal provisions displayed on this website. To compare with the current status of the German version, see http://www.gesetze-im-internet.de/betrvg/BJNR000130972.html.

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Part One
General provisions
Section 1Establishment of works councils
Section 2Status of trade unions and employers’ associations
Section 3Different arrangements
Section 4Separate departments, very small establishments
Section 5Employees
Section 6(cancelled)
Part Two
Works council, works meeting, central works council and combine works council
Division One
Composition and election of the works council
Section 7Voting rights
Section 8Eligibility
Section 9¹Number of members of the works council
Section 10(cancelled)
Section 11Reduction in the number of works council members
Section 12(cancelled)
Section 13Time of elections to the works council
Section 14Election procedure
Section 14aSimplified electoral procedure for small establishments
Section 15²Representation of employment categories and of male and female employees
Section 16Appointment of the electoral board
Section 17Appointment of the electoral board in establishments without a works council
Section 17aAppointment of the electoral board in the simplified electoral procedure
Section 18Preparation and conduct of the election
Section 18aAllocation of executive staff for elections
Section 19Contesting of elections
Section 20Protection against obstruction and costs of the election
Division Two
Term of office of the works council
Section 21Term of office
Section 21a³Transitional mandate
Section 21bResidual mandate
Section 22Continuation in office of the works council
Section 23Dereliction of statutory duties
Section 24Termination of membership
Section 25Substitutes
Division Three
Conduct of business of the works council
Section 26Chairman
Section 27Works committee
Section 28Assignment of tasks to committees
Section 28aAssignment of tasks to working groups
Section 29Convening of meetings
Section 30Meetings of the works council
Section 31Attendance of trade union delegates
Section 32Attendance of the disabled persons’ delegation
Section 33Decisions of the works council
Section 34Minutes
Section 35Deferment of decisions
Section 36Standing orders
Section 37Honorary nature of post; loss of working time
Section 38Releases
Section 39Consultation hours
Section 40Expenses of the works council and material facilities
Section 41Prohibition of employees’ contributions
Division Four
Works meeting
Section 42Composition, sectional meetings, department meetings
Section 43Ordinary works meetings and department meetings
Section 44Time of meetings and loss of remuneration
Section 45Subjects dealt with at works meetings and department meetings
Section 46Delegates from industrial associations
Division Five
Central works council
Section 47Conditions for establishment, number of members, weighting of votes
Section 48Removal from office of members of the central works council
Section 49Termination of membership
Section 50Competency
Section 51Conduct of business
Section 52Attendance of the central disabled persons’ delegation
Section 53Meeting of works councils
Division Six
Combine works council
Section 54Establishment of the combine works council
Section 55Composition of the combine works council and weighting of votes
Section 56Removal from office of members of the combine works council
Section 57Termination of membership
Section 58Competency
Section 59Conduct of business
Section 59aAttendance of the combine disabled persons’ delegation
Part Three
Youth and trainee delegation
Division One
Youth and trainee delegation at the level of the establishment
Section 60Establishment and function
Section 61Voting rights and eligibility
Section 62Number of youth and trainee representatives; composition of the youth and trainee delegation
Section 63Election procedure
Section 64Time of elections and term of office
Section 65Conduct of business
Section 66Deferment of decisions taken by the works council
Section 67Participation in works council meetings
Section 68Participation in joint discussions
Section 69Consultation hours
Section 70General duties
Section 71Works meetings for young and trainee employees
Division Two
Central youth and trainee delegation
Section 72Conditions for establishment, number of members, weighting of votes
Section 73Conduct of business and application of other provisions
Division Three
Combine youth and trainee delegation
Section 73aCondition for establishment, number of members, weighting of votes
Section 73bConduct of business and application of other provisions
Part Four
Collaboration by employees and co-determination
Division One
General
Section 74Principles of collaboration
Section 75Principles for the treatment of persons employed in the establishment
Section 76Conciliation committee
Section 76aCosts of the conciliation committee
Section 77Execution of joint decisions, works agreements
Section 78Protective provisions
Section 78aProtection of trainees in special cases
Section 79Secrecy
Section 80General duties
Division Two
Employees’ rights to participate and to make complaints
Section 81Employer’s obligation to inform and discuss
Section 82Employee’s right to be heard and request explanations
Section 83Access to personal files
Section 84Right to make complaints
Section 85Works council’s role in dealing with grievances
Section 86Supplementary agreements
Section 86aEmployees’ right of proposal
Division Three
Social matters
Section 87Right of co-determination
Section 88Works agreements on a voluntary basis
Section 89Health and safety as well as environmental protection at work
Division Four
Structuring, organization and design of jobs, operations and the working environment
Section 90Information and consultation rights
Section 91Right of co-determination
Division Five
Staff policy
Subdivision One
General staff policy
Section 92Manpower planning
Section 92aSecuring employment
Section 93Notification of vacancies
Section 94Staff questionnaires, assessment criteria
Section 95Guidelines for selection
Subdivision Two
Vocational training
Section 96Promotion of vocational training
Section 97Vocational training facilities and programmes
Section 98Implementation of vocational training in the establishment
Subdivision Three
Individual staff movements
Section 99Co-determination in individual staff movements
Section 100Temporary staff movements
Section 101Fines
Section 102Co-determination in the case of dismissal
Section 103Exceptional dismissal and transfer in special cases
Section 104Removal of employees causing trouble in the establishment
Section 105Executive staff
Division Six
Financial matters
Subdivision One
Information on financial matters
Section 106Finance committee
Section 107Appointment and composition of the finance committee
Section 108Meetings
Section 109Settlement of differences
Section 109aTakeover
Section 110Information of employees
Subdivision Two
Alterations
Section 111Alterations
Section 112Reconciliation of interests in the case of alterations; social compensation plan
Section 112aEnforceable social compensation plan in the event of staff cutbacks, establishment of new businesses
Section 113Indemnities
Part Five
Special regulations for particular types of establishments
Division One
Maritime Shipping
Section 114Basic principles
Section 115Ship’s committee
Section 116Fleet works council
Division Two
Aviation
Section 117Application to aviation
Division Three
Establishments for political, religious, charitable and other purposes; religious communities
Section 118Application to ideological establishments and religious communities
Part Six
Offences punishable by imprisonment or fines
Section 119Offences against bodies established under this Act and their members
Section 120Breach of secrecy
Section 121Minor offences
Part Seven
Amendment of other laws
Section 122(Amendment to the Civil Code)
Section 123(Amendment to the Protection against Dismissal Act)
Section 124(Amendment to the Labour Courts Act)
Part Eight
Transitional and final provisions
Section 125First elections under this Act
Section 126Authorisation to make rules for the elections
Section 127References
Section 128Existing collective agreements containing provisions contrary to this Act
Section 129(cancelled)
Section 130Civil service
Section 131Berlin clause
Section 132