Employee Representation Act

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Basic data
Title: Church law on employee
representation in the Evangelical Church in Germany
Short title: Employee Representation Act
Abbreviation: MVG-EKD
Type: Church law
Scope: Employee of the Diakonie within the Evangelical Church in Germany and the member churches
Legal matter: Church labor law
Original version from: November 6, 1992
(OJ EKD 1992 p. 445)
Entry into force on: July 1, 1993
Last revision from: January 1, 2019
(OJ EKD p. 2)
Last change by: November 13, 2019
(OJ EKD p. 322)
Effective date of the
last change: 		1st January 2019
Weblink: Text of the law
Please note the note on the applicable legal version.

The Church Law on Employee Representation in the Evangelical Church in Germany (MVG-EKD) is a church law regulating employee representation in Diakonie offices within the Evangelical Church in Germany and the member churches.

Article 140 of the Basic Law for the Federal Republic of Germany (GG) in conjunction with Article 137 of the Weimar Constitution (WRV) grants the church the right to self-determination , which also includes the labor law of the churches . The Works Constitution Act (BetrVG) and the Federal Personnel Representation Act (BPersVG) do not apply to church institutions ( Section 118 (2) BetrVG, Section 112 BPersVG).

In the Catholic Church, the corresponding regulation is referred to as the "Employee Representation Ordinance (MAVO)". The framework order of the German Bishops' Conference is a model order. It is only of a recommendatory nature and has no direct legal effect. In the (arch) dioceses, the version of the employee representation regulations that the respective diocesan bishop has adopted applies.

history

1992 has Synod of the Evangelical Church in Germany (EKD) issued a Church law on employee representatives in the Evangelical Church in Germany (MVG.EKD), which for the Evangelical Churches in Germany and the only nursing was the EKD.

This Employee Representation Act (MVG EKD) has been adopted by 17 Protestant member churches. The Confederation of Protestant Churches in Lower Saxony (excluding the Evangelical Reformed Church ( regional church) ) and the Evangelical regional church in Württemberg have created their own employee representation laws based on the MVG.EKD. With deviations, the Evangelical Church in Hesse and Nassau (EKHN) created its own employee representation law as early as 1988. In 2012, the MVG.EKD was also taken over by the MVG Diakonie Application Act (MVG.DW) for the Diakonie in Hessen.

A modified form of the MVG EKD is also used by the Independent Evangelical Lutheran Church (SELK) and the Salvation Army in Germany.

On November 12, 2013, a “Second Church Law on Employee Representation in the Evangelical Church in Germany 2013 (Employee Representation Law of the EKD - MVG-EKD)” was issued and replaced the previous version.

At its 5th meeting on November 14, 2018 in Würzburg, the 12th Synod of the Evangelical Church in Germany passed the First Church Law to amend the Employee Representation Act of the EKD. This amending law came into force on January 1, 2019. In addition to editorial changes due to federal and European law, the amendment has above all deleted the so-called ACK clause, i.e. the provision that a member of an employee representation must always be a member of a member church of the Working Group of Christian Churches (ACK). This was done against the background of the judgment of the Federal Labor Court of October 25, 2018, according to which, with regard to the EU Equal Treatment Framework Directive, different treatment due to religion or belief in employment by religious communities is only permissible if a certain religion according to the type of activity is an essential, lawful and justifiable professional requirement.

principle

The MVG applies to employees of the offices of church bodies, institutions and foundations of the Evangelical Church in Germany (EKD), the member churches as well as their associations and the institutions of the Diakonie ( Evangelisches Werk für Diakonie und Entwicklung (EWDE) as well as the member church Diaconal organizations and theirs affiliated independent plants, facilities and offices). Other ecclesiastical and free ecclesiastical institutions, works and services in the area of ​​the Protestant churches can apply this church law on the basis of resolutions by their competent bodies.

content

There are employee representatives elected for four years, the members before ordinary termination are protected. The employee representatives have information and participation rights. You can conclude service agreements and prevent certain measures by refusing your consent.

Disputes arising from the Employees Representation Act subject to the church jurisdiction . For this purpose, ecclesiastical courts or ecclesiastical arbitration boards have been set up in the regional churches and the ecclesiastical court of the Evangelical Church in Germany at the EKD . For employees of the EKD there is the first instance court, the church court of the Evangelical Church in Germany , to which the regional churches can assign the tasks of a first instance court for their employees.

literature

  • Detlev Fey, Olaf Rehren: Church law on employee representation in the Evangelical Church in Germany - MVG.EKD practice comment. Otto Bauer 2016, ISBN 978-3-87047-114-9 .

Web links

Individual evidence

  1. ↑ German Caritas Association : Employee Representation (MAV) Glossary, accessed on December 16, 2019
  2. ↑ cf. General Regulations for staff representation order (frame MAVO) June 19, 2017
  3. ↑ cf. Implementation of the diocesan employee representation regulations by the diocesan bishops, framework MAVO June 19, 2017, p. 93 f.
  4. ↑ OJ. EKD 2010, p. 3
  5. ↑ MVG-EKD 2013 .
  6. ↑ Synopsis of the amendment to the MVG-EKD from November 2018, Church and Diakonia Union , March 2, 2019
  7. ↑ Amendment Act 2018 to the MVG-EKD .
  8. ↑ BAG, judgment of October 25, 2018 - 8 AZR 501/14 LS 2
  9. ↑ Hanno Terbuyken: Employee representatives do not necessarily have to be church members evangelisch.de, November 14, 2018
  10. ↑ U. Marth: Employee Representation Act : New version of November 14, 2018 GKD-Mitteilungen 1/2019, pp. 9-11