Delegation
As a delegation in which it is organizing teaching staff referred to that in the external relationship with the leadership of negotiations within the framework of the deputy in charge. In labor law , it is a type of posting of workers .
General
As early as 1841, the legal scholar Johann Heinrich Thöl provided a definition of the participants in a delegation that is still useful today. When delegating, the delegant gives another ( delegate , delegate , negotiator ) the task of negotiating with a third party ( delegate ). In contrast to the intra-organizational delegation , in which tasks , competencies and responsibility are permanently transferred for the purpose of internal perception, an inter-organizational delegation is designed to represent an organization externally for a limited period of time . She is entrusted with a special task that she has to perform as a substitute. Once the task has been completed, the delegation ends. As organizations are companies , other associations of individuals or the State with its public administration , together with government into consideration.
Competencies
A negotiating delegation is usually made up of employees or members of the parliament of the delegant, who can use instructions to determine the powers for a negotiation in more or less detail. A negotiating delegation can therefore be equipped with but also without competencies. With existing competencies, the scope for negotiation is limited, without competencies there are no limits to negotiations. If a delegation has no competencies, it can only initiate a non-legally binding initialing of the negotiation results after the negotiations have ended, so that a later constitutive ratification by company management , government or parliament is necessary. A delegation can lead negotiations up to the outcome of the negotiations, but can also decide to cancel, postpone or fail.
Employment Law
The German labor law distinguishes the posting of employees between mission , secondment , delegation and dislocation , which differ from each other mainly by the duration of the posting. While a business trip is usually only temporary (a maximum of 3 months), the secondment can last up to 12 months and the delegation up to 5 years, whereas a transfer is unlimited. When delegating abroad ( stay abroad ), an additional employment contract is usually required for the delegates in order to obtain a local residence and work permit .
