The works constitution is the basic labor law that regulates the cooperation between employers and employees of a specific company. The legal bases are:
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What is the Works Constitution Act (BetrVG)
The Works Constitution Act (BetrVG), which regulates the employees' opportunities to participate. An essential part of the BetrVG are the rights of participation and codetermination of the works council, which primarily concern:
- Social affairs, e.g. B. Regulation of work breaks and work processes.
- Personnel matters, e.g. B. Hiring, transferring and dismissing employees.
- Economic matters, e.g. B. Information on the company's economic situation.
The BetrVG also contains regulations on the general or group works council, on works meetings and the economic committee. It applies to companies with at least five regularly employed employees.
Codetermination Act (MitbestG)
The Codetermination Act (MitbestG), which regulates, among other things, employee participation on the supervisory board of corporations with more than 2,000 employees. It also contains regulations regarding the Labor Director.
The Mining and Co-Determination Act (MontanMitbestG), which applies to companies with more than 1,000 employees in the mining and iron and steel industries.
The Personnel Representation Act (PerVG) applies to public companies, charitable and educational institutions of religious communities.