Church labor law for Diakonie institutions in the Rhineland
Diaconal institutions in the Rhineland have their own ecclesiastical labor law .
Through the constitutionally secured right of the religious communities from Art. 140 GG i. V. m. Art. 137 Para. 3 WRV gives the Protestant Church and its associated diaconal institutions the opportunity to create their own employment law . Neither the Works Constitution Act nor the Personnel Representation Act are applied in church institutions.
For company interest groups in church institutions, this means that special church labor law applies here . The church labor law in the individual regional churches is partly different.
Relationship between church and diakonia
Diakonie Deutschland is formally independent of the church . This emerged as an independent organization for social work outside of the parishes. The legal assignment to the church takes place through the formation of umbrella organizations. These are to ensure compliance with the church guidelines of their members in order to guarantee the right to self-determination for diaconal institutions. Each of the 20 independent regional churches in Germany has its own diaconal work.
After merging in 2008 with the Diakonie Westfalen and the Diakonie Lippe, the Diakonie Rheinland forms the Diakonisches Werk Rheinland-Westfalen-Lippe association . This association spatially covers the areas of North Rhine-Westphalia, Rhineland-Palatinate, Saarland and Hesse. The association is based in Düsseldorf.
The following prerequisites are fundamentally required so that a private-law institution can be assigned to the church:
- Church-diaconal purpose of the activity
- Pastoral accompaniment of the work
- Membership in a diaconal work
- Willingness to apply church law
In summary, membership in the church results from membership in a diaconal work.
Special features of church labor law for diaconal institutions in the Rhineland
The Employee Representation Act applies to the corporate representation of interests in a church or diaconal institution. This is based on the concept of service community. This means that the principle of trusting and partnership-based cooperation applies to the parties.
For the Rhineland, the church law on the formation of employee representatives in church offices in the Evangelical Church in the Rhineland (MVG-EKiR) is decisive.
BAT-KF / AVR DD
For employees in diaconal institutions in the Rhineland, the BAT-KF labor law generally applies. This becomes authoritative through reference in the employment contract. In exceptional cases, the Labor Law Commission can authorize the use of the AVR-DD for a specific institution.
Disputes between MAV and agency management
The church court in Düsseldorf, the so-called arbitration board, is responsible as the first instance for Diakonie institutions in the Rhineland. Here, legal proceedings are initiated through a corresponding application. The second instance for all church and diakonia institutions in Germany is the EKD Church Court in Hanover. Here the procedure is initiated by the ecclesiastical court.
literature
- Daniela Reinders, Frank Thönißen: Church labor law for employee representatives . Books on Demand, 2nd edition, ISBN 978-3741298240 .
- Daniela Reinders, Frank Thönißen: Election of employee representatives in institutions of the Protestant Church or Diakonie in the Rhineland . Books on Demand, ISBN 978-3-7431-8846-4 .
Individual evidence
- ^ Reinders, Thönißen: Church labor law for employee representatives . 2nd Edition. Books on Demand, ISBN 978-3-7412-9824-0 .