Board representation

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The board representation is the elected representation of the crew members of a merchant ship towards its captain . On ships, it takes the place of the works council in companies under the Works Constitution Act . The ship's captain is the contact or negotiating partner for the on-board representation. The maritime works council is responsible for the entirety of the ships and their crew members of a shipping company .

Legal basis

The basis for the formation (election), management and duties of the shipboard representation is the Works Constitution Act (BetrVG). In the §§ 114 to 116 the peculiarities of the WCA are set for the ocean-going vessels of the shipping companies. In § 115 BetrVG, the special features of the formation, function and tasks of the shipboard representatives in contrast to the works councils on land are specified. Unless otherwise expressly regulated, the other provisions of the BetrVG apply to the works councils also to the on-board representatives.

For the ships of the federal and state administrations as well as for the civilly manned ships of the Bundeswehr, the Federal Personnel Representation Act (BPersVG) applies to the representation of crew members , and the Soldiers Participation Act (SBG) applies to the military ships of the Bundeswehr .

Composition and choice

Board representatives can be elected on ships with at least five crew members who are entitled to vote, three of whom are eligible. The general provisions of the works council elections apply to the elections of board representatives, with some differences. Another prerequisite for the election of an on-board representative is that the ship is sailing under the German federal flag .

On-board representation is usually on ships with

  • 5 to 20 crew members entitled to vote from one person,
  • 21 to 75 crew members with voting rights from three members,
  • over 75 crew members entitled to vote from five members.

For the implementation of the elections for the maritime works council, the regulations set out in §§ 1 to 31 of the Maritime Shipping Electoral Code (WOS) apply . The deadlines for the election announcement and the submission of nominations are considerably shorter than for the works council elections. If the majority of those entitled to vote on a ship so decide, the on-board representation can also be elected within 24 hours ( Section 115 (2) No. 6 BetrVG). This enables a choice during a day in port.

Term of office

The term of office of the on-board representatives differs significantly from the provisions of the BetrVG. According to Section 115 (3) BetrVG, the regular term of office lasts only one year. Then you have to choose again. This is probably due to the high fluctuation within the crews.

Eligibility to vote

All crew members of the ship are entitled to vote. Crew members are the persons named in Section 3 (1) of the Maritime Labor Act , i.e.

  • the ship's officers,
  • the other employees who, without being officers of the ship, carry out a predominantly managerial, supervisory or office-like activity or a responsible activity,
  • every other crew member (ship's man) in an employment relationship.

The captain is considered a manager in the sense of Section 5 Paragraphs 3 and 4 BetrVG and is therefore not entitled to vote.

eligibility

Eligible are all crew members of the ship who are entitled to vote, provided they have reached the age of 18 and have been crew members of a ship sailing under the German flag for one year. Youth and trainee representatives are not formed on board.

Management, tasks

As for the works councils, Sections 26 to 36 of the BetrVG apply accordingly to the management of the board representatives . On the other hand, there are restrictions with the on-board representations, especially with regard to exemptions. Neither the entire exemption of members of the shipboard representatives nor the exemption for participation in educational events is provided. Instead of works meetings, shipboard assemblies are to be held at which the captain also has to report on the current voyage at the request of the ship's representatives.

The on-board representatives' rights of participation and co-determination are limited by the decision-making authority of the captain, but otherwise correspond to those of the works council. The shipboard representatives can, within the scope of their responsibilities, conclude shipboard agreements with the master that correspond to the works agreements .

In addition to the shipboard representations, the marine works council is responsible for representing the crew members. The maritime works council is not superordinate or subordinate to the shipboard representatives. However, it is responsible for the following cases ( Section 116 (6) BetrVG):

  • If a matter or action by the employer affects all or more ships or the crew members of all or more ships in the maritime operation,
  • if an agreement has not been reached between the master and the respective on-board representation and the on-board representation submits the matter to the marine works council, or
  • in matters in which the captain of a ship is not authorized to make a decision according to statutory provisions or the powers delegated by the shipping company.

literature

  • Fitting / Engels / Schmidt / Trebinger / Linsenmaier: Commentary on the Works Constitution Act . 26th edition. Verlag Franz Vahlen, Munich 2012, ISBN 978-3-8006-4204-5 .