Economic Committee

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The Economic Committee ( WA ) is a body in the Federal Republic of Germany in which employee representatives are advised and informed together with the entrepreneur about economic matters of the company.

According to the Works Constitution Act (BetrVG), the works council (BR ) should be regularly informed about economic matters. This is stipulated in the section "Economic Affairs" ( § 106 to § 110 BetrVG). The legislator assumes that from a certain company size onwards, economic relationships are so complex that the BR has to be assisted by an additional committee. In addition, the legislature assumes that the entrepreneur, above a certain company size, is so far removed from his employees that he needs an organ that actively advises him from among the employees and in this way receives unadulterated information from the workforce and the entrepreneur for Can utilize the company's welfare. According to the Works Constitution Act ( Section 106 (1) BetrVG), a works council of a company with more than 100 permanent employees should set up a WA. The WA then reports to the Works Council (BR). There is no obligation of confidentiality between WA and BR members.

The number of members of an economic committee according to the BetrVG is between three and a maximum of seven members, at least one works council member must be represented. With a majority of its votes, the works council can determine that another committee of the works council takes over the tasks of the economic committee ( Section 107 (3) BetrVG). This committee may not exceed the size of the works committee and must consist of works council members. In addition, the works council can appoint just as many other members of the workforce to the committee.

If possible, people should be appointed to the economic committee who have the professional and personal qualifications.

If there is a general works council (GBR), it is responsible for appointing the members of the economic committee.

In ecclesiastical labor law , an economic committee or a committee for economic issues according to § 23a MVG.EKD ( Employee Representation Act ) can be formed within the Employee Representation (MAV) . In contrast to the Works Constitution Act, however, the members of the WA must also be members of the MAV.

Tasks of the entrepreneur

The economic committee has the task of discussing economic matters with the entrepreneur and informing the works council. The entrepreneur or his deputy must inform the WA in good time and comprehensively about the economic affairs of the company and submit the necessary documents. The WA informs the works council based on this information.

Meetings of the WA

According to Section 108 (1) BetrVG, WA meetings with the entrepreneur should take place once a month. However, this regulation is not mandatory, so that the meetings can also be held at shorter or longer intervals. The secretary of the WA should prepare a minutes of the results of each WA meeting, which records the essential information of the entrepreneur on each agenda item. It is not necessary to coordinate the protocol with the entrepreneur. However, according to § 34 Abs. 2 BetrVG Right to a copy of the part of the minutes that relates to his participation in the WA meeting. The minutes signed by the WA spokesman and secretary should be kept in the premises of the works council and be accessible to all BR members at all times.

Right of insight

The WA has the right to inspect the company's economic documents. The audited annual financial statements (with balance sheet and profit and loss account and, in the case of stock corporations, also cash flow statements , etc.) of the company must be explained to the WA.

However, there is no legal basis for receiving the documents in writing, copying them, etc. However, the WA has the opportunity to view the documents of the entrepreneur in his premises and to take appropriate notes.

Notification obligation of the company

Among other things, the company's obligation to notify the WA (pursuant to Section 106 (3) BetrVG) relates to the following topics:

1. the economic and financial situation of the company;
2. the production and sales situation;
3. the production and investment program;
4. rationalization projects;
5. Manufacturing and working methods, in particular the introduction of new working methods;
5a. Questions of corporate environmental protection;
6. the restriction or closure of operations or parts of operations;
7. the relocation of operations or parts of operations;
8. the merger or split of companies or businesses;
9. a change in the company organization or the purpose of the company;
9a. the takeover of the company, if this is associated with the acquisition of control, as well as
10. Other processes and projects that could materially affect the interests of the company's employees.

literature

  • Wolfgang Däubler , Michael Kittner, Thomas Klebe, Peter Wedde (eds.): BetrVG Works Constitution Act: Commentary for practice; [with election regulations and EWC law] . 12th, revised and updated edition. Bund-Verlag, Frankfurt am Main 2010, ISBN 978-3-7663-3987-4 , p. 1985 ff .
  • Karl Fitting [greeting], Gerd Engels, Ingrid Schmidt , Yvonne Trebinger, Wolfgang Linsenmaier : Works Constitution Act: Hand commentary; [with voting rules] . 23rd, revised edition. Verlag Franz Vahlen, Munich 2006, ISBN 3-8006-3275-6 , p. 1558 ff .
  • Thomas Klebe, Jürgen Ratyczak, Micha Heilmann, Sibylle Spoo: Works Constitution Act: Basic Commentary ; [with voting rules] . 16th, revised and updated edition. Bund-Verlag, Frankfurt am Main 2010, ISBN 978-3-7663-3999-7 , p. 595 ff .
  • Nikolai Laßmann, Rudi Rupp: manual economic committee. Options for an active information policy . 8th, revised and updated edition. Bund-Verlag, Frankfurt am Main 2011, ISBN 978-3-7663-6082-3 .

Web links

Individual evidence

  1. ^ Decision of the EKD Church Court . Retrieved March 9, 2011.