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 6d des Gesetzes vom 16. September 2022 (BGBl. S. 1454)
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 6d of the Act of 16 September 2022 (Federal Law Gazette p. 1454)
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.
Zur Nutzung dieser Übersetzung lesen Sie bitte den Hinweis unter "Translations".
For conditions governing use of this translation, please see the information provided under "Translations".
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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 9Number 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 rules |
| Section 14aSimplified electoral procedure for small establishments |
| Section 15Representation 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 21aTransitional mandate* |
| Section 21bResidual mandate |
| Section 22Continuation in office of the works council |
| Section 23Violation of statutory duties |
| Section 24Termination of membership |
| Section 25Substitutes |
Division Three
Conduct of business of the works council |
| Section 26Chairperson |
| 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 31Participation of trade union delegates |
| Section 32Participation 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 rules |
| 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 79aData protection |
| 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 87Co-determination rights |
| 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 measures |
| Section 99Co-determination in individual staff measures |
| Section 100Temporary staff measures |
| 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 121Provisions on administrative fines |
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 129Special provisions on the occasion of the COVID 19 pandemic |
| Section 130Civil service |
| Section 131(Berlin no.) |
| Section 132(Entry into force) |
