Monthly discussion
According to Section 74 (1) BetrVG, the employer and works council should meet at least once a month as part of a meeting. Since this is a "target regulation", there is no legal obligation. However, such discussions may be necessary within the framework of Section 2 (1) BetrVG upon application by one of the operating partners. Topics of these meetings can affect all areas of the company and the workforce, especially in the area of the tasks to be performed by the works council under the Works Constitution Act (BetrVG).
General
The initiative to hold monthly meetings can come from the employer or from the works council.
There are no special formal requirements such as invitations or the agenda . The employer must either take part himself or be represented by persons with appropriate specialist knowledge. In doing so, the parties to the company have to negotiate disputed issues with the serious will to reach an agreement and to submit proposals for the settlement of differences of opinion. The law assumes in its § 74 BetrVG that both parties work together for the benefit of the company.
Although this is only a "should-be rule", the law obliges the employer and the works council to ensure that the monthly meeting is actually carried out.
Important: A refusal to participate can constitute a gross breach of duty and lead to the dissolution of the works council. Even a works council that never initiates the monthly meetings and these are then forgotten is acting in breach of duty.
In principle, all works council members take part. Has the works council assigned this task to one of its committees in accordance with §§ 27 and 28 BetrVG, its members take part.
Resolutions of the works council are not taken at monthly meetings.
Course of the meeting
The Works Constitution Act only provides for an obligation to discuss, but not an obligation to find a compromise. Depending on the necessity, the labor court or the arbitration board must decide on contentious issues.
No binding resolutions can and must not be passed in the monthly meetings. In particular, the works council cannot pass a works council resolution at the monthly meeting with the employer. If a decision is to be made, a works council resolution is required. However, this can only be recorded at a works council meeting in the absence of the employer.
Participant of the monthly discussion
The monthly meeting between the works council and the employer is not subject to any statutory form or deadline regulations. The employer and the works council with all members may and must participate. In the event of hindrance, the corresponding substitute member moves up. A face-to-face meeting between the works council chairman and the employer cannot replace a monthly meeting.
The Representative for the Disabled (SBV) also has the right to take part in these discussions.
When it comes to matters for young workers and trainees, the youth and trainee representatives (JAV) must be involved.
If the management of the monthly discussion has been delegated to a committee , its members take part.
Cost of the monthly meeting
All costs incurred for the monthly meeting are to be borne by the employer. The conversation has to take place during working hours , for which the participating works council members are entitled to time off from work and are entitled to continued remuneration .
Individual evidence
- ↑ § 74 BetrVG - individual norm. Retrieved December 4, 2017 .
- ↑ § 2 BetrVG - single standard. Retrieved December 4, 2017 .
- ↑ § 27 BetrVG - individual norm. Retrieved December 4, 2017 .