Employee representation

from Wikipedia, the free encyclopedia

Employee representatives (MAV) are company interest groups according to church labor law . They are similar to works councils .

In the Federal Republic of Germany are subject to religious communities and their charitable and educational institutions, neither the Works Constitution Act ( § 118 WCA) nor the Staff Committee laws of the federal government ( § 112 BPersVG ) or countries (eg. As § 107a LPersVG-BW). The legal form ( foundation , association , GmbH , AG , corporate status ) does not matter.

The reason for this regulation is the right to self-determination according to Art. 137 Paragraph 3 of the Weimar Constitution (see Art. 140 Basic Law ), which guarantees every religious or ideological community the independent regulation of its own affairs. By enacting canonical regulations on the participation of employees , the Protestant and Catholic Churches have found a solution that takes into account the right of self-determination and the interests of employees in equal measure (cf. Practical Concordance ).

The powers of the employee representatives are regulated in the employee representation laws , in the Catholic area also known as the Employee Representation Regulations (MAVO) , of the individual communities.

In church labor law, an economic committee or a committee for economic issues according to § 23a MVG-EKD (Employee Representation Act) can be formed within the employee representative body. In contrast to the Works Constitution Act, however, the members of the economic committee must also be members of the employee representatives.

Employee representation election

The MVG-EKD also regulates the election of employee representatives (§§ 9–14 MVG-EKD). In addition to information on the eligibility and eligibility to vote, the basic information on the electoral process can be found here. Section 11 (2) MVG-EKD refers to the electoral regulations for the Church Act on Employee Representation in the Evangelical Church in Germany - WahlO-EKD for short. In addition to the MVG-EKD, the WahlO-EKD must also be taken into account when choosing.

Voting takes place in institutions of the Protestant Church or Diakonie during a uniform election period. This takes place between January 1st and April 30th and takes place every four years.

An electoral board must be formed no later than three months before the end of the regular term of office of an employee representative. Only the electoral board may undertake the prescribed actions for the election. As a fixed point, the electoral board determines the specific election date after its appointment, which then represents the time limits for the individual actions. The electoral board makes the necessary preparations for the election (drawing up lists of those entitled to vote and those eligible to vote, drawing up an election notice, collecting the nominations, drawing up an overall proposal, drawing up the ballot papers), supervises the implementation of the election and then determines the result. It is also the electoral board that convenes the first (so-called constituent) meeting of the new employee representatives and has the election of the new chairman carried out.

It should be noted that employees who are appointed to the electoral board cannot run for the new employee representation themselves. Likewise, members of the employee representatives to be replaced cannot become members of the electoral committee. This regulation is intended to ensure impartiality and neutrality in the implementation of the election. It should also be noted that the deadlines for the individual actions during the election process in the individual regional churches can be different.

literature

  • Richard Geisen: Lexicon of the MAV for the Catholic Church and Caritas from A to Z. 2nd, updated and expanded edition. Bund-Verlag, Frankfurt am Main 2018, ISBN 978-3-7663-6622-1 .
  • Reinhard Richardi : Labor Law in the Church: State Labor Law and Church Service Law. 5th edition. Beck Juristischer Verlag, Munich 2009, ISBN 978-3-406-55682-1 .
  • Hans G Ruhe, Wolfgang Bartels: Practical Guide for the Employee Representation of the Catholic Church. 3. Edition. Verlag Luchterhand, Cologne 2012, ISBN 978-3-472-07688-9 .
  • Adolf Thiel, Martin Fuhrmann, Manfred Jüngst: Commentary on the framework for an employee representation regulation - MAVO Catholic Church. 6th edition. Verlag Luchterhand, 2011, ISBN 978-3-472-07687-2 .
  • Employees actively represented . Specialized information service for employee representatives in church and social institutions. Verlag für die Deutsche Wirtschaft AG, ISSN  2199-3378 .
  • Daniela Reinders, Frank Thönißen: Church labor law for employee representatives (working aid for employee representatives in institutions of the Protestant Church or Diakonie in the Rhineland), Books on Demand, 2nd edition, ISBN 978-3741298240
  • Daniela Reinders, Frank Thönißen: Election of employee representation in institutions of the Protestant Church or Diakonie in the Rhineland, (manual for carrying out the election for employee representation including sample documents), hardback edition, Books on Demand, ISBN 978-3-7431-8846-4

Web links

Individual evidence

  1. ^ Daniela Reinders, Frank Thönißen: Church labor law for employee representatives . 2nd Edition. BoD, ISBN 978-3-7412-9824-0 .
  2. ↑ Daniela Reinders, Frank Thönißen: Election of employee representatives in institutions of the Protestant Church or Diakonie in the Rhineland, (manual for carrying out the election for employee representation, including sample documents) . BoD, ISBN 978-3-7431-8846-4 .