7aeab30f-d175-4dfe-a171-dc7ea98653e3.jpeg

Full Transcript

# General Rights of the Works Council The document outlines the general rights of the works council, categorized into information and consultation, co-determination, and codetermination. **Information and Consultation:** * **Economic Situation (§ 106):** Describes the economic situation of the c...

# General Rights of the Works Council The document outlines the general rights of the works council, categorized into information and consultation, co-determination, and codetermination. **Information and Consultation:** * **Economic Situation (§ 106):** Describes the economic situation of the company. * **Planning of Buildings, Work Processes, and Workplace (§ 90):** Includes planning, construction, and arranging workplaces. * **Personnel Planning (§ 92):** Outlines personal planning, such as personnel allocation, staffing, and workforce. * **Suggestions from the Works Council and Consultation with the Employer:** This section covers proposals from the works council and consultations with the management on topics like flexible working hours, part-time work, and working conditions. **Co-determination:** * **Individual Personnel Measures (§ 99):** Includes measures like hiring, job grading, job transfers, and dismissals. * **Co-determination = Limited Codetermination:** This describes a form of co-determination that has specific limits. * **Employer's ability to set conditions:** The employer (in this context BR - Betriebsrat) can set conditions, even if they are conflicting with other aspects, for which consent must be given. **Codetermination:** * **Social Affairs (§ 87):** Covers issues such as company regulations (internal rules of conduct and procedures), scheduling, pay rates, and holiday entitlement. * **Health and Safety:** Includes health and safety, sick leave and other aspects associated with overall well-being and safety. * **Social Planning for Planned Business Changes (§ 1-12):** This section includes planning for changes in the business. * **Personnel Inquiry/Form and Evaluation Criteria (§ 94):** Covers related regulations. * **Corporate Educational Programs (§ 98):** Includes company-provided training programs. **Restrictions on Codetermination:** * **Lack of Agreement:** If there's no agreement, the works council has certain limitations. The employment court resolves the issue in case of disagreement. **Additional Notes:** The document also mentions **termination/closing of businesses, business relocation, mergers, and rationalization** as areas covered by the codetermination process. It highlights the fact that in these instances, all aspects are considered. The document provides some additional detail related to how the different aspects of this process are dealt with.

Use Quizgecko on...
Browser
Browser