Youth and trainee representation

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The youth and trainee representation (JAV) is the representation of young people under the age of 18 and those employed in vocational training (apprentices, interns, working students) under 25 in a company or an authority in Germany . This group of people is therefore also entitled to vote.

A youth and trainee representative can only be elected if a works council already exists. A double membership in the works council and youth and trainee representation is not provided for in the Works Constitution Act.

The vote

Passive choice

Every employee up to the age of 25 (even if he is no longer in training) may stand for election (in the public service different age limits apply - see JAV in the public service ). He may not be a member of the works council. Members who exceed the age of 25 in the course of their term of office remain in accordance with Section 64 (3) BetrVG is still a member of the JAV.

Active choice

All young employees up to the age of 18 and all trainees under 25 may elect the youth and trainee representatives.

Tasks of the JAV

The youth and trainee representatives work closely with the works council and staff representatives.

  • Perception of the interests of the trainees
  • Applying for measures to the works council or the staff representatives (especially on training, hiring, equality between men and women)
  • Supervision of laws , regulations, collective agreements , etc.
  • Suggestions from the trainees to the works / staff council
  • Integration of foreign trainees

right

  • Participation in works council or staff council meetings
  • Participation in committee meetings of the works council, insofar as matters have been assigned to the works council committees to deal with them independently or matters are dealt with that affect young employees or trainees
  • Participation in meetings between the works / staff council and the employer, insofar as matters are dealt with that affect young employees or trainees
  • Implementation of youth and trainee assemblies
  • Conducting youth and trainee representative meetings
  • Holding office hours
  • Participation in required training courses at the employer's expense
  • Exemptions from the contractual obligation to carry out the tasks as a JAV member without a reduction in pay or loss of the working hours
  • The JAV has the right to use its own office space.

Time of election and term of office

The election for youth and trainee representatives takes place every two years from October 1st to November 30th. Accordingly, the term of office is two years and begins with the announcement of the election result or, if the JAV is still in place, with the end of the term of office of the old youth and trainee representative (which must end on November 30th at the latest).

Number of representatives in the JAV

According to § 59 Abs. 1 BPersVG and § 62 Abs. 1 BetrVG , the following regulations apply to the number of representatives in the JAV:

Number of eligible voters in the company Representative in the JAV
5 to 20 1
21 to 50 3
51 to 150 5
151 to 300 7th
301 to 500 9
501 to 700 11
701 to 1000 13
over 1000 15th

Protection regulations

In order to prevent youth and trainee representatives from being discriminated against due to their office, the legislature has enacted various protective provisions for the members of a JAV in the Works Constitution Act and, analogously, in the staff representation laws. According to § 78 a BetrVG, they are to be taken on in an open-ended employment relationship after their training. This obligation to take over the office ensures the continuity of office of the employee representation and thus protects the office holder from negative consequences in his office performance during the professional training relationship. There are only exceptions to this if the employer can prove that he does not need any personnel. This assumes that no other trainee is taken on. In addition, the youth and trainee representative must not have performed significantly worse in his final examination than the average of his apprenticeship year. In addition, the members of the JAV enjoy the same protection against dismissal as those of the works council. However, if an employer does not plan to take on a trainee in the JAV for an indefinite period after the end of the apprenticeship relationship, he must inform the apprentice (s) in writing three months before the end of the apprenticeship relationship ( § 78a Abs. 1 BetrVG). This is also valid if the vocational training relationship ends one year after the end of the JAV's term of office (Section 78a (3) BetrVG).

JAV in public service

Youth and trainee representatives are also elected in the public sector . The rules are in the staff representation laws of the Federal and the country . Employees who have not yet reached the age of 26 on the day of the election are eligible for representation in the federal civil service ( Section 58 (2 ) BPersVG ). The respective state personnel representation laws for employees in state or municipal service have different age limits in some places, for example in Bavaria or North Rhine-Westphalia employees who have not yet reached the age of 27 on the day of the election can be elected. All employees who have not yet reached the age of 18 (young employees) or who are in vocational training and have not yet reached the age of 25 are entitled to vote. The latter also include officers on revocation in the preparatory service . In the public service, the number of youth representatives (according to the staff representation laws) is regulated slightly differently. So far, the election has also taken place in spring. Rights and duties correspond to those in the private sector.

literature

  • Dieter Lenz, Claudia Meyer, Jürgen Ratayczak, Thomas Ressel, Renè Rudolf: The practice of youth and trainee representation from A to Z: The concise dictionary for JAV work . 6th, revised edition. Bund-Verlag, Frankfurt a. M. 2011, ISBN 978-3-7663-6007-6 .
  • Andreas Splanemann: The youth and trainee representatives: tips and work aids for practice Cooperation with the works council and staff council . 2nd revised edition. Bund-Verlag, Frankfurt a. M. 2011, ISBN 978-3-7663-6112-7 .
  • Peter Berg, Micha Heilmann, Wolfgang Schneider: JAV election 2010 - Election of youth and trainee representatives: form folder, voting software on CD-ROM . 8th edition. Bund-Verlag, Frankfurt a. M. 2010, ISBN 978-3-7663-3976-8 .

Web links

Footnotes

  1. ^ Landesarbeitsgericht Schleswig-Holstein v. May 31 , 2017 , www.jav.info
  2. ↑ Federal Labor Court (BAG) v. 8.9.2010, 7 ABR 33/09