Group works council

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A group works council ( KBR ) can be set up for a group by resolution of the general works council . The KBR consists of one or two members of all existing general works councils. He takes care of all matters that affect the group as a whole or several companies in the group.

Establishment of a group works council

A group works council can be set up by corresponding resolutions by individual general works councils of the group.

Necessary for this are the matching decisions of the central works of the company, in which 50% of the employees of the group are busy. The voting rights of the employees are not to be considered when determining the number of employees in the group. Executives within the meaning of Section 5 (3) BetrVG are not included in the count. The existence of works councils or general works councils of the individual companies and companies is also disregarded.

If there is only a works council in a group, but not a general works council, the works council has to assume the tasks of the general works council.

A group works council can be set up by any general works council. The respective central works council must request the other central works councils to set up a group works council to pass resolutions.

composition

Each general works council sends two members to the group works council, taking appropriate account of the gender of the minority . For each member of the KBR, a substitute member is to be appointed by the general works council and the order in which they move up must be determined.

According to Section 55 (3) BetrVG , each member of the group works council is entitled to half of the votes of the members of the delegating general works council.

Depending on the collective bargaining agreement or works agreement, the number of members of the group works council can be regulated differently from Section 55 (1) sentence 1 BetrVG .

Membership in the group works council

Exclusion of members

An application to expel a member of the group works council for gross breach of legal obligations can be submitted to the labor court by at least a quarter of the eligible employees of the group company, the employer, the group works council or a union represented in the group. This gross breach of duty must have occurred in direct connection with the activity in the group works council.

Individual works councils or general works councils cannot submit an application, but a group works council member can be dismissed at any time without giving any further reasons.

Termination of Membership

Membership in the group works council expires if:

  • membership in the general works council has expired,
  • the office was resigned,
  • a court decision has decided to expel the individual member
  • a general works council was dismissed,
  • a group company leaves the group in which the corresponding group works council members are employed.

If a member is excluded from the group works council, there is no influence on his membership in the works council or the general works council.

Jurisdiction

The responsibility of the group works council is to deal with matters that affect the group or several group companies that cannot be regulated internally by individual general works councils.

His responsibility also extends to companies without a general works council and operations in the group without a works council.

A responsibility of the group works council is i. d. Usually an exception. It can be given, for example, in the case of social institutions, provided that their area of ​​activity extends to the group (e.g. pension scheme ).

The group works council is expressly responsible for:

  • Appointment of the main electoral board for the election of the members of the supervisory board of the employees of the controlling company of the group,
  • Receipt of an application to dismiss a member of the supervisory board of employees,
  • Contesting the election of the employees' supervisory board members.

Further tasks are defined in the Co-determination Act .

With a qualified majority of its votes and a corresponding written resolution , the general works council can instruct the group works council to deal with its matter.

If the KBR is responsible, it can conclude a group works agreement with the controlling company of the group.

If the KBR is responsible for handling a matter, it can force negotiations and agreements with the group management.

If a group works agreement is concluded with the group management within the scope of the responsibility of the group works council, this also applies to companies and operations of the group without a works council or without a delegated member to the general works council.

organization

Within the scope of its jurisdiction, the KBR basically has the same rights and obligations as the works council. The management of the group works council is subject to the same principles as the general works council. The same applies to the appointment of the chairman of the group works council and his deputy.

The chairman of the group works council and his deputy enjoy the same legal status as the chairman of the works council and his deputy. As soon as a group works council has more than eight members, a group works committee is formed to manage current business .

The group works council is quorate as soon as at least half of the members are present and take part in the resolution and at least half of the total number of votes is represented in the KBR.

The group works council does not hold any consultation hours, but can call in an expert if necessary .

Legal situation in Austria

In Austria, the group works corresponds to the Group Works Council .

literature

  • Bastian Kiehn: Group works council and group works agreement in the field of company and company restructuring (=  Forum Labor and Social Law . Volume 36 ). Centaurus Verlag , Herbolzheim 2012, ISBN 978-3-86226-153-6 .
  • Karl Michael Scheriau: General Works Council - Group Works Council. Rights and options for action (=  basics of works council work ). Author's publishing house KMScheriau, Berlin 2013, ISBN 978-3-937650-15-9 .
  • Beate Schwartau: General Works Council and Group Works Council. Tasks - rights - competencies for new and re-elected members (=  active in the works council ). 2nd Edition. Bund-Verlag , Frankfurt am Main 2019, ISBN 978-3-7663-6733-4 .
  • Hans and Jörg Weischedel: The group works council . 2nd Edition. ifb Verlag der Betriebsrat, Seehausen 2018, ISBN 978-3-934637-17-7 .

Individual evidence

  1. ↑ a b § 18 AktG. Retrieved December 6, 2017 .
  2. ↑ § 54 ff. BetrVG. Retrieved December 6, 2017 .
  3. ↑ a b § 56 BetrVG. Retrieved December 6, 2017 .
  4. ↑ FKHE § 56 Rn. 5, 20th edition
  5. ↑ § 58 BetrVG. Retrieved December 6, 2017 .
  6. ↑ §§ 2 & 4 3. WOMitbestG. Retrieved December 6, 2017 .
  7. ↑ § 108 3. WOMitbestG. Retrieved December 6, 2017 .
  8. ↑ Section 22 (2) of the Codetermination Act. Retrieved December 6, 2017 .
  9. ↑ FKHE Rn. 19, 20th edition
  10. ↑ FKHE Rn 20a, 20th edition & MünchArbR / Richardi § 32 Rn. 40 ff., 2nd edition
  11. ↑ § 59 BetrVG. Retrieved December 6, 2017 .
  12. ↑ Section 80 (3) BetrVG. Retrieved December 6, 2017 .