Workshop participation regulation
| Basic data | |
|---|---|
| Title: | Workshop participation regulation |
| Abbreviation: | WMVO |
| Type: | Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 144 (2) SGB IX in the version dated June 19, 2001 ( Federal Law Gazette I p. 1046 ) |
| Legal matter: | Social law |
| References : | 860-9-1 |
| Issued on: | June 25, 2001 ( BGBl. I p. 1297 ) |
| Entry into force on: | July 1, 2001 |
| Last change by: |
Art. 2b G of 10 July 2020 ( Federal Law Gazette I p. 1657, 1662 ) |
| Effective date of the last change: |
January 1, 2021 (Art. 3 G of July 10, 2020) |
| GESTA : | G033 |
| Weblink: | WMVO text |
| Please note the note on the applicable legal version. | |
The Workshop Participation Ordinance (WMVO for short) is a statutory ordinance of the Federal Ministry of Labor and Social Affairs , which regulates the participation and participation of people with disabilities in workshops for disabled people (WfbM).
History of origin
Section 14 of the Workshop Ordinance has provided since 1980to enablepeople with disabilities to have an appropriate participation and participation through workshop councils and women's representatives. On the basis of this regulation, practical participation models have been developed in many workshops.
More detailed provisions on the election and composition of the workshop councils were added to the Disabled Persons Act with effect from August 1, 1996 . Section 54c SchwbG also contained a statutory authorization for the Federal Ministry of Labor and Social Affairs (BMAS) to regulate the type and scope of participation in detail.
However, the first participation regulation (WMVO) was only enacted on the basis of Section 144 (2) SGB IX - rehabilitation and participation of people with disabilities - which came into force on July 1, 2001.
After Article 22 of the Federal Participation Act came into force , the WMVO was reformed with effect from December 30, 2016. The tasks and composition of the workshop councils were specified (§§ 3, 5 WMVO), and the establishment of women's representatives was regulated by law (§§ 39a – 39c WMVO).
Since January 1, 2018, the authority to issue ordinances has arisen from Section 227 of SGB IX.
Essential contents of the WMVO
Scope, establishment, composition and tasks of the workshop council
The first section regulates the scope of the WMVO as well as the achievement, composition and tasks of the workshop council.
The WMVO applies to the participation and participation of disabled people in the work area of recognized workshops ( § 58 SGB IX) in workshop matters and the representation of the interests of disabled women employed in workshops by women's representatives. Since workshop employees to the workshops according to § 222 Abs. 1 SGB IX usually in an employee-related legal relationship are, is that workers applicable Industrial Relations Act does not apply. In addition, the WMVO does not apply to religious communities and their institutions insofar as they have their own equivalent regulations.
The number of members of the workshop council depends on the number of people entitled to vote and is between three members in workshops with up to 200 people eligible to vote and thirteen members in workshops with more than 1500 people eligible to vote ( Section 3 WMVO).
The tasks of the workshop council include acc. 4 WMVO in particular
- to ensure that the laws, ordinances, accident prevention regulations and agreements made with the workshop are carried out for the benefit of workshop employees,
- To apply to the workshop for measures that serve the operation of the workshop and the workshop employees and
- To receive suggestions and complaints from workshop employees and, if they appear justified, to work towards a solution through negotiations with the workshop.
In matters in which the workshop council has a right of participation or co-determination ( Section 5 (1) and (2) WMVO), the workshop must inform and hear the council in good time, comprehensively and in an appropriate manner ( Section 5 Paragraph 3 WMVO). There is an obligation to inform, for example, when the employee-like legal relationship with the workshop ends, transfers and relocations as well as the hiring, relocation and relocation of specialist staff and other staff in the workshop ( Section 7 (1) WMVO).
The workshop council works in a trusting manner with the works council or staff council , the representatives of the severely disabled and other representatives within the facility such as a parent and guardian council ( § 8 WMVO).
In addition, the workshop council holds a meeting of workshop employees at least once a calendar year ( Section 9 WMVO).
Choice of workshop council
Section 2 regulates the elections for the workshop council.
All employees in the workshop are allowed to vote, provided they are not employees. All workshop employees who have been employed in the workshop for at least six months on election day are eligible ( § 10 , § 11 WMVO). An electoral board is appointed for the election, which is responsible for carrying out the election. This has the task of creating a list of all eligible voters. In addition, an election notice must be drawn up on which all necessary information about the workshop council election is recorded. Proposals for members are submitted to the electoral board, who must announce a list of all applicants at least one week before the election.
The workshop council is elected in a secret and direct election ( § 21 WMVO). The applicants who received the most votes are elected. In the event of a tie, the lot decides ( § 23 Abs. 2 WMVO). The election can be challenged at the labor court for violating the election regulations, unless the election result could not be changed or influenced by the violation of the election regulations ( § 21 WMVO).
Term of office of the workshop council
The term of office of the workshop council is four years.
Management of the workshop council
The 4th section regulates the management by the workshop council as well as the rights and obligations of the members.
The chairman, elected from among the elected councilors, calls and chairs the meetings. He also sets the agenda. Resolutions are passed with a majority of votes, the minutes of the meeting are signed by the chairman and another council member ( § 35 WMVO).
The members are to be released from their work in the workshop without reducing their wages in order to carry out their tasks, for example to hold meetings of the workshop council or to hold office hours during employment as well as to participate in training and educational events ( § 33 , § 37 WMVO) . You have to maintain confidentiality about the personal affairs of workshop employees that have become known to you because of your office, as well as the workshop's operating and business secrets. The workshop bears the costs arising from the work of the workshop council, including the costs for training and educational events ( § 39 WMVO). In addition, the workshop has to provide the necessary space, material resources and an office worker for the meetings, the consultation hours and the day-to-day management, at the request of the workshop council also a confidant who supports him in the fulfillment of his tasks.
Women's Representative
The women's representative is elected at the same time as the workshop council and represents the interests of the disabled women employed in the workshop vis-à-vis the workshop management, in particular in the areas of equality between women and men , the reconciliation of family and employment as well as protection against physical, sexual and psychological harassment or violence . To this end, she should meet with the workshop management once a month for a meeting. She also has the right to take part in the workshop council meetings and to be exempted from her work in the workshop without a reduction in wages in order to perform her duties ( § 39a WMVO).
criticism
Despite the strengthening of the workshop council through the Federal Participation Act, the regulations of the WMVO lag behind the rights of the severely disabled person's representation and the participation by works councils in companies in the general labor market.
literature
- Association of Workshop Councils Germany eV (Ed.): The new WMVO. Berlin, 2017 (in easy language )
Individual evidence
- ↑ cf. Art. 5 of the law on the reform of social assistance law of 23 July 1996, Federal Law Gazette I p. 1088
- ↑ Workshop Participation Ordinance (WMVO) BR-Drs. 378/01 of May 21, 2001, p. 22 f.
- ↑ Workshop Participation Ordinance of June 25, 2001, Federal Law Gazette I p. 1297
- ↑ Sabine Wendt: The new participation regulation for workshops in practice. In: Geistige Behavior 2002, pp. 321–330
- ↑ cf. Article 22 - Federal Participation Act (BTHG) of December 23, 2016, Federal Law Gazette I p. 3234
- ↑ What does the establishment of women's representatives in the BTHG mean? BMAS website, accessed on March 10, 2019
- ↑ cf. Diakonie Workshop Participation Ordinance (DWMV) of May 19, 2017
- ↑ Jürgen Groteschulte: New Caritas Workshop Participation Ordinance 2017. Accessed on March 11, 2019
- ↑ cf. LArbG Munich, decision of March 10, 2015 - 6 TaBV 64/14 for contesting a works council election according to § 19 BetrVG
- ↑ Annette Schmauch: "She's not standing there alone!" Women's representative in workshops for mentally ill people July 9, 2017
- ↑ Viviane Schachler, Mario Schreiner: Co-determination light? The reform of the Workshop Participation Ordinance through the Federal Participation Act Part I: Codetermination rights and strengthening resources April 26, 2017, p. 10 f.
