Law on the participation of employees on the supervisory boards and executive boards of companies in the mining and iron and steel industries
| Basic data | |
|---|---|
| Title: | Law on the participation of employees on the supervisory boards and executive boards of companies in the mining and iron and steel industries |
| Short title: | Montan Co-Determination Act (not official) |
| Abbreviation: | MontanMitbestG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Employment Law |
| References : | 801-2 |
| Issued on: | May 21, 1951 ( BGBl. I p. 347 ) |
| Entry into force on: | June 7, 1951 |
| Last change by: |
Art. 5 G of April 24, 2015 ( Federal Law Gazette I pp. 642, 656 ) |
| Effective date of the last change: |
partly May 1, 2015 (Art. 24 G of April 24, 2015) partly January 1, 2016 |
| GESTA : | I009 |
| Please note the note on the applicable legal version. | |
The law on the co-determination of employees on the supervisory boards and boards of companies in the mining and iron and steel industries (Montan-Mitbestungsgesetz) is a German law on the co-determination of employees on the supervisory boards and boards of companies in the mining and iron and steel industries. and steel manufacturing industry in the legal form of a stock corporation (AG) or a limited liability company (GmbH) with its own legal personality .
The law applies to more than 1000 employees in a company in the coal and steel industry . It is characterized by consistent parity between shareholder representatives and employee or trade union representatives on the supervisory board and the lack of guaranteed representation for senior executives . Examples of companies in which the law is decisive are RAG AG , Salzgitter AG or ArcelorMittal .
The law, passed in third reading by the German Bundestag on April 10, 1951 and in force since June 7, 1951, is considered a milestone in the history of co-determination.
content
This law regulates the composition of the supervisory board in a mining company . Mining companies are companies that deal with the production of coal and steel. Since the production factors labor and capital are fundamentally involved in production, the composition of the supervisory board should also include both factors. It stands to reason that the employer and employee sides are each represented 50%. Such a composition is called full parity (full part). With full parity, a problem can arise when there is no majority. Such a situation is called a stalemate . Such a situation should be resolved by a neutral person on which the employer and employee side have to agree.
The creation of the coal and steel co-determination law with real parity resulted from the special political situation immediately after the Second World War . During the Second World War, large-scale industry and in particular the coal and steel industry were very interested in war for economic reasons. This realization led to the fact that an external person who is not allowed to be employed by the union must be named in the supervisory board, which is co-determined by the mining industry. This should take into account the public interest in the supervisory board.
The three peculiarities of the coal and steel co-determination law are: 1) The real parity (employer and employee side have 50% each, there is no double voting right) 2) An external person on the employee side who is not allowed to be employed by the union. 3) A "labor director" on the company's board of directors, for whose appointment the votes of the employees on the supervisory board are required.
Content of the law:
- First part: general
- Part two: Supervisory Board
- Third part: board of directors
- Fourth part: final provisions
- Annex EV Extract from the Unification Agreement (EinigVtr) Annex I Chapter VIII Subject A Section III (Federal Law Gazette II 1990, 889, 1022) - Requirements for the joined area (Art. 3 UnigVtr)
