Can executives work on short-time work?
Executives can also receive short-time work benefits; it all depends on employee status. However, these are not covered by a company agreement on short-time work, as the works council does not have a mandate for the managerial staff.
Is a Master a Senior Employee?
Delimitation and definition of department heads, foremen, main department heads, operations managers, etc. is much larger than that of senior executives. Mostly they are non-tariff employees, but vice versa these are not automatically managerial employees.
What is a senior position?
Concept of manager Manager describes a person who performs managerial tasks in the company, such as the planning, organization and control of tasks and / or the management of employees.
What are executive employees works council?
Executives are not represented by the works council and do not take part in works council elections. It does not matter whether the employee is referred to as a manager in their employment contract. Only the criteria of Section 5 (3) BetrVG are decisive.
Are team leaders executives?
According to § 14 Dismissal Protection Act, on the other hand, a manager is someone who is authorized to hire or dismiss independently. Typical executives in the company are, for example, authorized signatories, HR managers and other executives at the highest level.
Are executives employees?
The board of directors and managing directors are organs. These are not employees and their own regulations apply. In contrast to this, the executive employee is a real employee, for whom, however, special regulations apply. According to the legal regulation, there are 2 groups with a large overlap area.
Is a store manager a senior executive?
A branch manager is not necessarily a manager and can be elected to the works council. A contestation of the works council election brought by the employer for this reason was unsuccessful before the Neumünster Labor Court – the court declared the election to be lawful.
Why can’t executives be on the works council?
Since the responsibility of the works council does not extend to the representation of the interests of the executive employees, these employees are neither entitled to vote nor eligible for election to the works council (§§ 7 and 8 BetrVG).
Who is not allowed to participate in the works council election?
§ 5 BetrVG determines who is an employee: Workers and salaried employees, including those employed for their vocational training, are entitled to vote. No employees within the meaning of the Works Constitution Act are executive employees. They are therefore not allowed to participate in the works council election.
Who cannot be elected to the works council?
Anyone who may stand as a candidate for a works council has passive voting rights. All employees who have reached the age of 18 at the time of the election may vote. The only exceptions are executives and temporary workers who are employed in the company for less than three months.
Who is not represented by the works council?
In principle, the works council is not responsible for “managerial employees” (cf. Section 5 (1) BetrVG), although these are regularly also employees. The term “executive employee is in § 5 Abs.
Who is represented by the works council?
The works council is an independent body of the works constitution and an equal partner of the employer. The works council represents the collective interests of the company’s employees vis-à-vis the employer within the scope of the tasks assigned to it by the Works Constitution Act.
Who is the works council subordinate to?
The works council as a body is not subordinate to anyone, because that would not conform to the spirit of the works council. But how about the released chairman? He is of the opinion that he is, for example, the superior of the chairman in terms of working hours and vacation time.
What is the individual works council member allowed to do?
In detail, the works council has the following tasks: It must ensure that the applicable laws, collective agreements, accident prevention regulations and works agreements are implemented in favor of the employees. He applies to the employer for measures that serve the company and the workforce.
What can a works council say?
The works council is also entitled to inform employees about the negative effects of planned measures by the employer. Likewise, content from the works council meetings may be passed on to the workforce, provided that they do not fall under Section 79 (1) BetrVG.
What can the works council see?
Works council documents These are in particular the minutes of meetings and discussions, works agreements, collective bargaining agreements, notes, lists and calculations. The members of the works council have the right to inspect all documents of the works council and its committees at any time (Section 34 (3) BetrVG).
Can the works council exclude a member?
A works council member can be expelled from the works council due to a gross violation of his legal obligations. The works council of a company had applied to the labor court to expel one of its members.
When can a works council member be excluded?
Reason for exclusion: gross breach of duty In order for a member to be excluded from the works council, they must have committed a “gross violation of their statutory obligations” (Section 23 (1) sentence 1 BetrVG). The works council member must have violated an obligation from the works council office.
Where can I complain about the works council?
Employees can lodge complaints either with the responsible bodies (usually with superiors) of the company (§ 84 BetrVG) or with the works council (§ 85 BetrVG). The right to complain in the event of violations of the prohibition of discrimination (Section 7 (1) AGG) is expressly regulated.
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