Works meeting

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Under a staff meeting is meant by the German industrial relations law a gathering of workers and council for the purpose of informing workers about the information relating to operation matters.

Legal regulations

The works meeting is regulated by law in Sections 42 to 46 of the Works Constitution Act (BetrVG) .

The works meeting is an event of the works council and consists of the employees of the company and is chaired by the chairman of the works council. It is not public. If a meeting of all employees cannot take place at the same time because of the nature of the company, partial meetings must be held. Employees in organizationally or spatially delimited parts of the company are to be grouped together by the works council in departmental meetings if this is necessary to discuss the special concerns of the employees ( Section 42 BetrVG).

The works council has to convene a works meeting once every calendar quarter and submit an activity report to it. The works council can hold another works or department meeting every six months if this appears expedient for special reasons ( Section 43 (1) BetrVG).

The employer is to be invited to the works and departmental meetings with notification of the agenda. He is authorized to speak in meetings. The employer or his representative must report to a works meeting at least once every calendar year on the following topics:

  • human resources and social affairs (including the status of equality between men and women and the integration of foreign workers),
  • about the economic situation and development of the company
  • as well as operational environmental protection ( Section 43 (2) BetrVG).

The works council is entitled and, at the request of the employer or at least a quarter of the employees entitled to vote, obliged to call a works meeting ( Section 43 (3) BetrVG).

At the request of a union represented in the company, the works council must convene a works meeting if no works meeting and no department meetings have been held in the previous calendar half year ( Section 43 (4) BetrVG).

The meetings referred to in Section 43, Paragraph 1 of the BetrVG and those convened at the employer's request and the resulting additional commute take place during working hours ; Travel expenses to attend the meeting must be borne by the employer ( Section 44 (1) BetrVG).

Other works and departmental meetings take place outside working hours ( Section 44 (2) BetrVG).

The works and department assemblies can deal with matters that directly affect the company or its employees ( Section 45 BetrVG).

Representatives of the unions represented in the company can take part in the works or department meetings in an advisory capacity. If the employer takes part in works or departmental meetings, he can call in a representative of the employers' association to which he belongs. The time and agenda of the works or department meetings must be communicated in writing to the unions represented on the works council in good time ( Section 46 BetrVG).

Public service

In the public service (area of ​​application of the staff representation laws ), the staff council must convene a meeting of employees ( staff meeting ) at least once a year (according to some provisions twice a year) . See e.g. B. Sections 48 to 52 of the Federal Personnel Representation Act (BPersVG) .

Definition of terms

The concept of the works meeting must be strictly distinguished from the concept of the employee meeting (also known as the employee meeting ). In contrast to the works meeting, the employee meeting is an event organized by the employer. It is a convocation of the company's employees for the purpose of providing information on company matters. According to § 106 sentence 1 GewO , the employer can "determine the content, place and time of the work at its reasonable discretion" and, in accordance with sentence 2 of this regulation, issue instructions on the order and behavior of employees in the company. If this is not possible for him in an individual dialogue with individual employees, he can convene employee meetings for this purpose and thereby exercise his obligation to inform and discuss with the workforce as stipulated by Section 81 BetrVG . Employees are therefore obliged to take part in these events.

See also

literature

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