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Works Constitution Act

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The Works Constitution Act ( German : Betriebsverfassungsgesetz , pronounced [bəˈtʁiːpsfɛɐ̯fasʊŋsɡəˌzɛt͡s] ), abbreviated BetrVG, is a German federal law governing the right of employees to form a works council .

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26-634: In the Stinnes–Legien Agreement of 1918, during the collapse of the German Empire in the aftermath of World War I , an agreement was reached between trade union confederation leader Carl Legien and industrialist leader Hugo Stinnes , so that capital and labour would cooperate on an equal footing in all aspects of economic management. This was codified in the Weimar Constitution , §165. To implement this principle, in 1920

52-1049: A dispute about working hours. Betriebsausschuss Look for Betriebsausschuss on one of Misplaced Pages's sister projects : [REDACTED] Wiktionary (dictionary) [REDACTED] Wikibooks (textbooks) [REDACTED] Wikiquote (quotations) [REDACTED] Wikisource (library) [REDACTED] Wikiversity (learning resources) [REDACTED] Commons (media) [REDACTED] Wikivoyage (travel guide) [REDACTED] Wikinews (news source) [REDACTED] Wikidata (linked database) [REDACTED] Wikispecies (species directory) Misplaced Pages does not have an article with this exact name. Please search for Betriebsausschuss in Misplaced Pages to check for alternative titles or spellings. You need to log in or create an account and be autoconfirmed to create new articles. Alternatively, you can use

78-489: A settlement was reached. Named after both parties' negotiators in chief, the heavy industry magnate Hugo Stinnes and the union leader Carl Legien , the pact was named the Stinnes–Legien Agreement ( Stinnes-Legien Abkommen ). It stipulated that employers acknowledge trade unions as the official representatives of the workforce and recognise their right to collective bargaining . The agreement also introduced

104-422: A simplified election procedure for small workplaces, increased participation rights in environment, anti-racism, retraining , promotion of secure job contracts and more flexibility in setting up alternative works council structures that match modern corporate structures . It expands women participation through gender quotas , new provisions for part-time works council members (many who are women) and acknowledges

130-438: A works council or other bodies mentioned is a criminal offense. Similarly, if any members of works council, trade union leak business secrets about a company, that too is a criminal offense. It is a form of protection against union busting . (obsolete) Amendments to existing sections, and also temporary measures are listed here. The election procedures for running a Works Council election  [ de ] are regulated by

156-551: Is a workers' representation of all workers below the age of 18 and in-plant training employees (trainees, apprentices, working students) below the age of 25. The delegation is able to attend all internal works council meetings, and even delay voting decisions if the interests of youth and trainees are not taken into account. In companies with a Central or combine works councils, there can be corresponding Central or Combine youth and trainee delegations. The employer and works council must meet monthly to discuss topics relevant to them. In

182-443: Is divided up into 132 different sections (§1 – 132) which are grouped in the following topics. The eligibility criteria for forming works council in large and small companies alike, and their relation with trade unions . The works council election procedures, including formation of electoral board , voter and candidate eligibility, timelines, gender quota of candidates and contesting elections. The term or length of

208-762: The Control Council Law No 22 ( Kontrollratsgesetz No. 22) of the Allied-occupying forces in 1946. This enabled unions to create work councils with binding participation rights and be tasked with enforcing union collective agreements. Subsequently, the agreements for work councils were codified in the Works Constitution Act, passed on 11 October 1952 in West Germany . Trade unions in Germany wanted much more, including

234-597: The Ministry of Labour through modifications to the Election Ordinance  [ de ] according to §126. A temporary measure, such as hybrid digital/video meetings during Corona times are mentioned in §129. Stinnes%E2%80%93Legien Agreement The Stinnes–Legien Agreement ( German : Stinnes-Legien-Abkommen ) was an accord concluded by German trade unions and industrialists on 15 November 1918. Named after both parties' negotiators in chief,

260-472: The article wizard to submit a draft for review, or request a new article . Search for " Betriebsausschuss " in existing articles. Look for pages within Misplaced Pages that link to this title . Other reasons this message may be displayed: If a page was recently created here, it may not be visible yet because of a delay in updating the database; wait a few minutes or try the purge function . Titles on Misplaced Pages are case sensitive except for

286-455: The eight-hour day , allowed for the creation of workers' councils in firms with more 50 employees, and issued a guarantee that returning soldiers would have a right to their pre-war job. Future disputes were to be resolved through a newly created organisation named the "Central Working Group" ( Zentralarbeitsgemeinschaft , or ZAG). For the trade unions, the agreement meant the realisation of many of their long-standing goals. However,

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312-529: The heavy industry magnate Hugo Stinnes and the union leader Carl Legien , the agreement enshrined a set of workers' rights long coveted by the German labour movement. Among the stipulations of the treaty were the introduction of the eight-hour working day , the recognition of the trade unions as the official representation of the workforce, and the permission to form workers' councils in firms with more than 50 employees. Since negotiations had been caused by

338-507: The Works Constitution Act was significantly updated, and largely forms the current basis of the law. It strengthened works council power on the plant level , while subordinating works councils to trade union when it came to collective bargaining . The 2001 reform was passed by the SPD-Green cabinet in June 2001. It expands the number of works council members released from work , introduces

364-401: The company performance. When two or more works councils exist at the same company, a central works council must be established. When two or more subsidiaries of the same corporate group have central works council representation, a combine works council can be established. After a works council is formed, the youth and trainee delegation  [ de ] should be established. It

390-468: The creation of a finance committee , information rights on financial matters, and in the event of significant workplace changes or alterations  [ de ] , such as mass-layoffs, the works council has the right to conclude a social compensation plan  [ de ] for all affected employees. Special provisions regarding formation of works council apply to maritime, aviation and social, charitable, religious organizations. Obstruction of

416-401: The event, that neither the employer nor the works council are able to conclude a works agreement , either side can call in a conciliation committee . Works council members are entitled to any information necessary to carry out their duties. As a result, works council members are also obliged to secrecy on certain topics. Outlined here are the rights of individual employees with the help of

442-602: The formalisation of works council members as union representatives , and the expansion of the Coal Co-Determination Act  [ de ] in all industries. The Works Constitution Act reserved 1/3rd of Supervisory Board seats for employee representatives, in contrast with 1/2 for the coal industry. Instead, the Conservative government emphasized in the law, the legal restrictions on works councils and their independence from trade unions. In 1972

468-467: The implementation of the eight-hour day, one of the central achievements of the agreement, remained inconsistent and was challenged several times during the following decade. The industrialists, on the other hand, had ended organised labour's demands for the socialisation of their factories: by signing the Stinnes–Legien Agreement, the unions had all but acknowledge private ownership of the means of production . The newly created ZAG collapsed in 1924 over

494-423: The legal predecessor Betriebsrätegesetz  [ de ] (Works Councils Act) mandated consultative bodies for workers in businesses with more than 20 employees. All voting rights and work councils were, however, abolished by Hitler in 1933, and replaced with Nazi controlled management bodies . After World War II and the defeat of fascism, work councils were revived by collective agreements promoted under

520-541: The prospect of millions of demobilised soldiers returning to the domestic labour market . In the wake of the overthrow of the imperial administrations , the social-democratic provisional government under Chancellor Friedrich Ebert looked to co-operate with the elites in order to prevent an escalation of far-left revolutionary efforts. In a development common across post-war Europe, German industrialists were prepared to make limited concessions to organised labour. In October 1918, representatives of key industries and

546-494: The prospect of millions of soldiers returning from the First World War , the agreement contained a clause guaranteeing them a right to their former employment. While the trade unions were able to realise many of their long-standing demands, they all but acknowledged the private ownership of the means of production . Towards the end of the First World War , Germany's trade unions and industrial employers were faced with

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572-418: The respective unions had met to decide upon joint action to manage the imminent challenge. It was decided that bipartisan committees should develop proposals for the future relationship between the two sides. In early November, summit talks failed to yield a breakthrough because employers would not agree to shorter working hours and the abolition of anti-socialist clubs in their factories. On 15 November 1918,

598-506: The tension of work and family life balance . Twenty years later in 2021, the Betriebsrätemodernisierungsgesetz (Works Council Modernization Act) passed, expanding co-determination rights to include artificial intelligence in the workplace, a new framework for online/hybrid meetings of works council proceedings, expanded simplified election procedure and lowers the voting age to 16 years old. The BetrVG

624-400: The work. Additionally the youth and trainee delegation  [ de ] , disabled person's delegation  [ de ] and trade unions' rights to participate in works council meetings are outlined. Every 3 months, the works council must organise works meetings  [ de ] for all employees in the workplace, to give updates about their works council activities and also

650-417: The works council office, substitute members when a works council member is temporarily or permanently unavailable, termination of membership, both voluntarily and involuntarily. The internal organization of the works council, including its committees  [ de ] , working groups, responsibilities of the chairperson, structure of internal meetings, decision making mechanisms and the honorary nature of

676-440: The works council, to for example make complaints, have their complaints heard/documented by management. The strongest co-determination rights include the ability to conclude Works agreements on social matters defined in § 87 – 88. Additionally, the works council has the right to be consulted/involved in health and safety inspections . All financial matters  [ de ] are prescribed in § 106 – 113, which includes

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