Operating rules
The work rules is collective labor in a company of internal control existing planning issues.
General
The employer is in the working conditions not on the regulation of the working behavior or job performance of the employee's limited. Rather, the employee owes due to his employment contract and the work instructions to observe the operational order.
As a result of the Labor Code (AOG) passed in January 1934 , during the Nazi era employers were allowed to issue factory rules as the “manager of the company” instead of the labor code and works agreement. While the operating agreement is a composite of normative and debt legally binding ingredients contract between the employer and the works council, the operating procedure of the AOG was adopted unilaterally by the employer operating statutes, which the nature of the then existing industrial relations could only contain normative elements.
content
The company regulations contain rules for the coexistence and cooperation of the employees in the company. The orderly behavior of employees is regulated, while work behavior relates to the performance of their work. The sanctioned regulatory behavior includes, in particular, alcohol bans , acceptance of gifts (preventing the acceptance of benefits ), work clothes , company fines , private use of business telecommunication devices ( telephone , Internet ), smoking bans or access controls . The company rules aim to maintain peace and the working atmosphere through the established norms of behavior .
The company rules also contain provisions on how violations of these company rules are to be sanctioned ( disciplinary measures ) and the procedure in which such sanctions are imposed. The complex of these regulations includes a company fine order and any regulations on the imposition of a company fine, whose co-determination obligation has been affirmed by the Federal Labor Court (BAG).
Legal issues
The works regulations can be drawn up by a normative works agreement between the employer and the works council , which contains a general regulation for the employment relationships . The BAG has distinguished already in December 1961 according to whether it is a labor-technical measure of such importance that the individual worker's obligation to work can not provide the order without the observance of arrangement ( "work necessary measure") or the owed work performance even without the certain regulation can be provided. In the first case, in the absence of any special employment contract regulation, the employer is authorized, by virtue of his right to issue instructions , to specify the duty to work and thus the work behavior by means of the necessary orders, while in the second case the orders about the order of the company and about the behavior of employees in the company (orderly behavior) are subject to codetermination by the works council in accordance with Section 87 (1) No. 1 BetrVG .
Company fines can only be imposed on the basis of a company fine regulation agreed between the operating partners and only for violations of the rules on regulatory behavior.
Demarcation
The operating regulations, which are limited to a single company, must be strictly separated from operating regulations that regulate the workflow in an entire industry, such as the railway building and operating regulations , tram construction and operating regulations , operating regulations for aviation equipment (LuftBO) in accordance with Section 1 Para. 1 LuftBO or the pharmacy operating regulations .
International
In Switzerland , the company rules are based on Art. 37 ff. ArG . It is a written agreement between the employer and the employee representatives (Art. 37 Para. 4 ArG). In accordance with the Labor Act, industrial companies have to issue company regulations (Art. 37–39 ArG and Art. 67, 68 ArGV 1). This should include provisions on accident prevention and health care.
Individual evidence
- ↑ Richard Giesen, collective bargaining legal structure for the company , 2002, p. 83
- ^ Ernst Rudolf Huber , Commercial Administrative Law , Volume 2, 1954, p. 526
- ↑ Rewards and gifts are all benefits in relation to the office to which civil servants have no legal claim and which they objectively place better, materially or immaterially (advantage). There is also an advantage if the civil servants have provided a service, but this is not in reasonable proportion to the consideration granted (source: Prohibition of accepting rewards and gifts , in: Publication: Nds. MBl. 2009 p. 822 and Nds . MBl. 2014 p. 641)
- ^ BAG, judgment of April 28, 1982, Az .: 7 AZR 962/79
- ↑ Ulrich Pleiss, Voluntary Social Services of Industrial Enterprises , 1960, p. 169
- ^ BAG, judgment of December 15, 1961, Az .: 1 ABR 3/60
- ↑ Federal Labor Court, decision of October 17, 1989 - 1 ABR 100/88; Günter Schaub , Arbeitsrecht von AZ , 1997, p. 315
- ↑ Irmtraud Bräunlich Keller, Labor Law: What applies to everyday working life? From conclusion of contract to termination , 2017, p. 49
