Decision-making process
The decision-making procedure in Germany is a procedure in labor courts in which collective disputes, for example in the relationship between the works council and the employer , are decided. The decision-making procedure is regulated in Sections 2a and 80 ff. Of the Labor Court Act (ArbGG).
The decision-making procedure owes its name to the fact that a decision on the facts of the court that terminates the proceedings is issued through an order, while the judgment process is usually terminated by a judgment. The main difference to the judgment procedure is that in the decision procedure according to § 83 ArbGG the principle of official investigation applies, while in the judgment procedure the disposition maxim applies.
The subject of decision-making procedures are disputes that have a claim under collective law or a legal relationship under collective law as the subject matter. These are primarily disputes under works constitution law between the employer and the works council, but also disputes relating to co-determination law and decisions about the collective bargaining capacity and competence of an association. In the case of individual legal claims that result from an employment relationship, however, the judgment procedure is to be selected.
In addition, other court proceedings (mostly from the field of voluntary jurisdiction ) are often referred to as decision-making procedures , because these too do not end with a judgment but with a decision .
