Personnel Representation Act

The Staff Representation Acts ( PersVG ) regulate the election , responsibility, duties and powers of the staff representatives . Staff representatives are the staff councils , the district , general and main staff councils as well as the youth and trainee representatives in the public service .

The legislative competence for state staff representation law lies with the states. However, they have to observe the “framework regulations for state legislation” or the “directives applicable to the states” in the second part of the BPersVG. Each federal state therefore has its own State Personnel Representation Act (in Schleswig-Holstein called the Codetermination Act), which applies to the employees of institutions of the states , the municipalities and municipal associations as well as to other corporations , institutions and foundations under public law subordinate to the respective state .

There is also the Federal Personnel Representation Act for employees of federal administration institutions and the national social insurance companies. For example, the BPersVG also applies to the joint institutions of the municipalities and the Federal Employment Agency, the job centers.

In the GDR , the law for the analogous application of the Federal Personnel Representation Act (BPersVG) - Personnel Representation Act - of the German Democratic Republic of July 22, 1990, was applicable in the accession area until May 31, 1993 according to the Unification Treaty .

In terms of its election and tasks , the staff council is comparable to the works council , which is responsible for the operational interests of employees outside the public service , i.e. in the private sector , i. H. in companies in the legal form of civil law . Its activity is anchored in the Works Constitution Act.

literature

Lothar Altvater, Eberhard Baden, Sebastian Baunack, Peter Berg, Martina Dierßen, Gunnar Herget, Michael Kröll, Dirk Lenders, Gerhard Noll: BPersVG - Federal Personnel Representation Act with election regulations and supplementary regulations. Commentary for practical use with comparative comments on the 16 national employee representation laws . 10th edition. Bund Verlag, Berlin 2019, ISBN 978-3-7663-6753-2 .
Alfred Fischer , Hans-Joachim Goeres, Andreas Gronimus: Personnel representation law of the federal government and the states (= Ingeborg Franke , Hans-Dietrich Weiß [Hrsg.]: GKÖD. General commentary on public service law . Volume V ). Erich Schmidt Verlag, Berlin 2019, ISBN 978-3-503-00899-5 .