State Personnel Representation Act (North Rhine-Westphalia)

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Basic data
Title: Personnel Representation Act for
the State of North Rhine-Westphalia
Short title: State Personnel Representation Act
Abbreviation: LPVG
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: Employee representation law
References : SGV. NRW. 2035
Issued on: March 15, 1974
( GV. NW. S. 1514)
Entry into force on: April 1, 1974
Last change by: Art. 4 G of January 31, 2012
(GV. NRW. Pp. 90, 92)
Effective date of the
last change: 		February 10, 2012
(Art. 5 G of January 31, 2012)
Expiry: December 31, 2017
(§ 114 sentence 2 LPVG)
Please note the note on the applicable legal version.

The Personnel Representation Act for the State of North Rhine-Westphalia (also State Personnel Representation Act , LPVG for short ) is the state law provision for co-determination in the public service in NRW. It regulates the formation and election of staff representatives (staff councils and level representatives , such as: main staff councils , general staff councils and youth and trainee representatives ) and their respective powers.

Area of ​​responsibility

The LPVG comprises the offices of the state (e.g. ministries, district governments , state funds and state sub-authorities such as tax offices , courts and public prosecutors , police stations, schools and universities ), the municipalities and municipal associations in North Rhine-Westphalia and the other bodies and institutions subject to state supervision and foundations under public law (e.g. German state pension insurance , health insurance companies , professional associations , broadcasters ), savings banks . Of all staff representation laws in Germany, the LPVG NRW affects most public service employees.

historical development

In the public service in North Rhine-Westphalia, based on the Control Council Act No. 22, the "Works Agreement of the State Government" of March 17, 1948 (MBl. 1949, 738) established codetermination for the first time. This already included extensive participation rights. The rights of co-determination were first established in legal form by the law of May 28, 1958 and significantly expanded by the laws of December 3, 1974 and December 18, 1984. The last-mentioned amendment in particular introduced extensive codetermination issues in questions of the introduction of technology, which were not known in other staff representation laws.

At the initiative of the then black and yellow state government , the law was significantly changed by a resolution of the state parliament of September 19, 2007 with effect from October 17, 2007. As part of the “ reduction in bureaucracy ”, as the state government at the time understood it, numerous participation rights of the staff councils had been dismantled. In this way it should right to issue agency management be strengthened. The changes came into effect despite massive protests from workers and public service unions.

After the new state elections in 2010, the new red-green state government announced that the deletions in participation in the public service would be reversed. On January 26, 2011, a draft bill was presented. The new regulation was decided by the state parliament on July 5, 2011 and came into force on July 16, 2011 (Law and Ordinance Gazette NRW 2011 edition No. 16 of July 15, 2011 pages 335 to 360). However, some changes will only take effect in later elections, usually in connection with the staff council elections on July 1, 2012. This applies in particular to the abolition of the board principle in the committees.

As a result of the last amendment law, the participation rights have in some cases even been extended compared to the status before 2007. Newly introduced is z. B. the possibility of setting up an economic committee in the department. If this has not been set up, the agency management has to report twice a year in the quarterly discussions on economic matters. In the case of decisions which the political bodies, e.g. B. are reserved for city ​​or local councils , the staff council now has the right to speak through a representative in the associated committee. The conditions of participation, codetermination, participation and hearing have been considerably expanded. The general staff councils at the regional associations Rhineland and Westphalia-Lippe have acquired the position of level representation like the main staff councils at the ministries.

Tasks and position of the staff councils

General tasks (especially §§ 64 ff. LPVG NRW)

  • Monitoring compliance with employee rights and protection regulations, which are regulated in laws, collective agreements , service agreements and administrative regulations; Receipt of suggestions and complaints from the ranks of the staff and the duty to urge the head of the department for a remedy;
  • Participation in the integration and promotion of severely disabled people and employees with a migration background , in equality between men and women and support for youth and trainee representatives ;
  • Carrying out an annual staff meeting in which the staff council provides information about its activities and accepts proposals from staff; if necessary, additional meetings (also for parts of the administration) can be held;
  • In the case of recruitment and selection procedures, the staff council has the right to take part in job interviews in the interests of the employees , without having the right to make suggestions for filling the positions.
  • the staff council can send an advisory member to internal audits;
  • the staff council must be consulted on accident prevention and occupational safety measures ; in particular regarding the discussions between the head of the department and the security officers;
  • At least once a quarter there is a meeting with the head of the respective department (§ 63 LPVG NRW); In this conversation particularly important questions of general importance are to be discussed. The Equal Opportunities Commissioner (Section 18 (4) of the State Equal Opportunities Act of North Rhine-Westphalia), the youth and trainee representative (Section 61 (4) LPVG NRW) and the representative for severely disabled persons ( Section 178 (5) SGB IX) can take part in an advisory capacity.

Service agreements (§ 70 LPVG)

Service agreements are contracts that are made between the staff council and the head of the department. In contrast to collective agreements , which (on the employee side) only apply to members of the respective trade union , service agreements are valid for all employees. However, service agreements are only possible where there are no final statutory or collective bargaining provisions or where these service agreements are expressly permitted (e.g. in the case of flexible working hours according to § 10 TVöD or performance remuneration according to § 18 TVöD as well as the integration agreement ( § 166 SGB ​​IX).

Important examples are z. B. Service agreements concerning the exclusion of compulsory redundancies and the implementation of measures of administrative modernization . Further examples are e.g. B. Service agreements on VDU workstations , a personnel information system , the use of the Internet or the assumption of costs for computer glasses as well as flexible working hours , company holidays or the modalities of operational integration management ( § 167 SGB ​​IX).

Participation rights

The rights of the staff council for various operational measures are differently pronounced. The right of co-determination is strongest, followed by the right to participate and lastly by the right to be heard.

From the principle it can be said: where the staff council has a right of co-determination, a decision of the head of the department cannot be made against his will.

However, there are some restrictions: at the request of the highest service authority or its existing level representation (usually the main staff council ), disputed questions can be submitted to the so-called conciliation body for decision. The arbitration board is a decision-making body made up of assessors, half of whom are appointed by the main staff council and half by the highest service authority, and an impartial chairman whose vote is decisive in the event of a tie. Both parties must agree on the person of the chairman.

In a number of matters, however, the final decision is not made by the arbitration board, but by the highest service authority (state government or city council / district council). The arbitration board then only issues a recommendation (Section 66 Paragraph 7 Sentence 3 LPVG). This restriction of the right of co-determination is based on the case law on the priority of popular sovereignty .

Codetermination rights (§§ 72, 74 LPVG)

The staff council has a right of co-determination in particular in the following personnel matters:

a) for employees :

b) for civil servants :

c) for all employees:

Furthermore, the staff council has co-determination rights in the following social matters (the main points are named):

Unless otherwise expressly stipulated by law and collective bargaining agreements, the staff council also has the right to participate in the following organizational issues:

Participation rights (§ 73 LPVG)

In matters that are entitled to participate, the staff council can raise objections which, if necessary after discussion with the department, will be decided by it. If the staff council does not agree with the department's decision, the matter can be submitted for decision to the higher-level authority, where there is level representation.

The staff council has the right to participate in:

Hearing rights (§§ 74, 75 LPVG)

The staff council has the right to a timely hearing and, if necessary, a statement

There are also rights to be heard

Other matters

The staff council should also be informed in advance of other personnel law measures as part of the trusting cooperation.

Individual members of the staff council take part in recruitment and selection interviews. Every employee also has the right to consult a member of the staff council he or she trusts in discussions with the personnel administration in matters of labor or service law. What is new is that the staff council must be kept informed before any organizational decisions are made. He also has the right to participate in preparatory working groups. In the case of decisions that are to be made by the political representation, a staff council representative has the right to participate and speak before the respective body.

At the request of the staff council, an economic committee must also be set up (§ 65a LPVG NRW). In this economic affairs of the agency are to be discussed. Furthermore, the staff council is involved in the occupational safety committee and in the company commissions on performance remuneration (§ 18 TVöD) and on health protection in the area of ​​social and educational services. The staff councils are also to be involved in accordance with further legal norms and collective agreements. According to Section 2 (1) of the collective bargaining agreements on protection from rationalization of January 9, 1987, they are to be informed in good time and comprehensively about a planned rationalization measure. The employer has to discuss the personnel and social effects of the rationalization with the staff representatives. According to Section 20 of the Part-Time and Temporary Employment Act , the staff council must be informed of the number of temporary employment relationships.

Meetings of the staff council

In order to prepare for these measures and to decide on the questions submitted by the administration as well as on their own requests to the management of the service (so-called initiative requests), the staff councils hold regular meetings (usually every one to two weeks); on some specific questions, e.g. B. the administrative modernization, it is necessary to hold closed meetings in order to familiarize oneself with the complex issues.

Members of the youth and trainee representatives (JAV) and the representatives of the severely disabled can also take part in the meetings.

In order to be able to properly exercise the rights and duties assigned to the staff council by law, the staff council members are entitled to training in staff representation, labor and civil service law.

Election of new staff councils

The term of office of the staff councils elected in NRW ends on June 30, 2020. The new elections usually take place in the first half of 2020. For this purpose, the staff councils have to appoint electoral boards consisting of 3 people (chairperson, 2 assessors) and an equal number of deputies.

The election boards carry out the election in accordance with the law and the provisions of the election regulations for the LPVG NRW. To this end, they must in particular issue an election notice and publish it in the agency at least 6 weeks before the election. In this, the number of regular employees, as well as the resulting size of the newly elected staff council and its composition (employee and civil servant mandates) must be made known. In addition, the number of required supporting signatures for nominations from among the employees (one twentieth of the eligible voters, at least 3, max. 100) as well as the time and place for the personal voting and the modalities of the written voting ( postal vote ) must be specified.

Immediately after the submission period of three weeks has expired, the valid nominations will be posted on the notice board. The counting of the votes and the determination of the election result take place in a public service meeting. The election results are also published on notice boards. The constituent meeting of the staff council is convened and chaired by the electoral board. The chairperson and deputy are elected. Then the mandate of the electoral board ends. The election can be challenged at the administrative court within two weeks of the announcement of the result. In the process is no longer the electoral board, but the newly elected Staff party .

literature

  • Bülow: State Personnel Representation Act NRW - Practice Comment & Form Book for the Office. 2nd edition (2020), Richard Boorberg-Verlag
  • Bülow: State Personnel Representation Act NRW - Collection of texts for practice and training. 3rd edition (2020), Richard Boorberg-Verlag
  • Bülow: Election regulations for the State Personnel Representation Act NRW -. Commentary, 2020, Richard Boorberg-Verlag
  • Cecior et al. a .: State Personnel Representation Act (loose-leaf commentary). Rehm-Verlag Munich.
  • Welkoborsky / Baumgarten / Berg / Vormbaum-Heinemann: State Personnel Representation Act NRW - Basic Commentary . 8th edition, Bund-Verlag, Frankfurt a. M., 2020, ISBN 978-3-7663-6980-2 .
  • Roland Neubert u. a .: State Personnel Representation Act NRW - Comment. 13th edition, Verlag Neue Deutsche Schule, Essen, 2017, ISBN 3-8796-4222-2 .

Web links

Official texts

Individual evidence

  1. ↑ BVerfG, decision of May 24, 1995 - 2 BvF 1/92, http://dejure.org/1995,33
  2. ↑ http://www.verdi-bub.de/fileadmin/pdfs/Stellungnahme_BMI-Rundschreiben.pdf