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Works Council Act
Chapter I General provisions
(Article 1)
Article 1 General definitions
Chapter II The establishment of a Works Council
(Articles 2-5a)
Article 2 Mandatory institution of a Works Council for an enterprise with at least 50 employees
Article 3 Joint Works Council
Article 4 Works Council for a separate part of the enterprise
Article 5 Exemptions
Article 5a Mandatory institution of a Works Council pursuant to a collective labour agreement; voluntary institution of a Works Council
Chapter III Composition of the Works Council and procedures
(Articles 6-22a)
Article 6 Composition of the Works Council
Article 7 Chairman
Article 8 Internal Rules of Procedure
Article 9 Elections
Article 10 Further provisions for the procedure of elections
Article 11 Notification of the election results
Article 12 Term of office
Article 13 Barring a member of the Works Council
Article 14 Rules governing the work proceedings of the Works Council
Article 15 Committees
Article 16 Invitation and advise of external experts
Article 17 Facilities
Article 18 Dispensation from work; training and education rights
Article 19
[repealed]
Article 20 Confidentiality
Article 21 Protection of the members of the Works Council
Article 22 Expenses
Article 22a Costs of legal proceedings
Chapter IV Consultation with the Works Council
(Articles 23-24)
Article 23 Number of meetings; subjects to be discussed; right of initiative; consultation with directors
Article 23a Quorum; chairman; secretary; agenda; invitation of experts
Article 23b Decisions; adjournment of meetings
Article 23c Powers of subcommittees
Article 24 Consultation meeting
Chapter IV-A Special powers of the Works Council
(Articles 25-30)
Article 25 The right to put forward recommendations
Article 26 Right to appeal
Article 27 Right of approval
Article 28 Special tasks
Article 29 Right to appoint board members of institutions for the employees
Article 30 The right to put forward recommendations with regard to the appointment of dismissal of Directors
Chapter IV- B Informing the Works Council
(Articles 31-31e)
Article 31 Obligation to provide information
Article 31a Information about the general operation of the enterprise, its financial situation and the annual account
Article 31b Information about the number of employees and the various groups of persons working in the enterprise
Article 31c Information when assigning an order to an external expert
Article 31d Information about the conditions of employment for various groups of employees
Article 31e Applicability of Article 31d
Chapter IV-C Additional powers of the Works Council
(Article 32)
Article 32 Additional powers on the basis of a Collective Labour Agreement or a voluntary agreement
Chapter V Central Works Councils and Group Works Councils
(Articles 33-35)
Article 33 Institution of a Central Works Council and Group Works Council
Article 34 Composition of the Central Works Council and Group Works Council
Article 35 Powers an tasks of the Central Works Council and Group Works Council
Chapter V-A Employee participation in small enterprises
(Articles 35a-35d)
Article 35a
[repealed]
Article 35b Meetings between the entrepreneur and employees
Article 35c Employee Representing Body in medium-sized enterprises
Article 35d Employee Representing Body in small-sized enterprises
ChapterVI General rules for settling disputes
(Articles 36-36a)
Article 36 Requests to be made to the Subdistrict Court in order to settle disputes
Article 36a Rights of individual employees and trade unions
Chapter VII Joint Sectoral Committees
(Articles 37-46)
Article 37 Social Economic Council sets up Joint Sectoral Committees
Article 38 Appointment of the members of a Joint Sectoral Committee
Article 39 Social Economic Council sets rules for the composition, working procedure and chairmanship
Article 40 Annual report
Article 41 Expenses
Article 42 Obligation of confidentiality
Article 43 Trade organization nominated by the Social Economic Council als Joint Sectoral Committee
Article 44
[repealed]
Article 45
[repealed]
Article 46 Social Economic Council decides which Joint Sectioral Committee is competent
Chapter VII-A Levies to promote the training and development of Works Council members
(Articles 46a-46c)
Article 46a Levy imposed by the Social Economic Council
Article 46b Requirements for receiving subsidies
Article 46c Budget and rendering account
Chapter VII-B Special provisions for Works Councils in the Public Sector
(Articles 46d-46e)
Article 46d Special provisions
Article 46e Involvement of employer’s associations and trade unions
Chapter VIII Transitional and final provisions
(Articles 47-54)
Article 47 Additional provisions by or pursuant to Order in Council
Article 48 Provisional Rules of Procedure
Article 49 Providing information and annual report
Article 49a-50
[repealed]
Article 51 Existing Joint Sectoral Committees
Article 52
[repealed]
Article 53 Institutions and organisations excluded from the scope of the Works Councils Act
Article 53a Ministry of Defence excluded from the scope of the Works Councils Act
Article 53b Civil servants excluded from the scope of the Works Councils Act
Article 53c Specific staff members excluded from the scope of the Works Councils Act
Article 54 Citation of the present Act