What happens if the works council does not agree to a hiring?

What happens if the works council does not agree to a hiring?

If employment is rejected by the works council, the employer can apply to the labor court to have the labor court’s approval of the appointment replaced (Section 99 (4) BetrVG). The labor court then examines whether the works council’s objection was legal or not.

What happens if the works council does not approve of a classification?

If the works council refuses to give its consent, the employer can apply to the labor court to replace the consent (Section 99 (4) BetrVG). The classification found in the renewed participation or replacement procedure is then binding for the employer (BAG of 3.5.1994 – 1 ABR 58/93).

Who decides on classification?

The grouping is based on the activities that the employees have to perform. The applicable remuneration results from the collective agreement. The staff council controls its correct application.

Can the works council refuse a raise?

The introduction of remuneration principles and their changes are subject to co-determination according to Section 87 (1) No. 10 BetrVG. BetrVG, according to which the works council can only have a say if there is no statutory or collective agreement, neither restricted nor excluded.

Can the works council refuse a promotion?

If a personnel measure violates a selection guideline according to § 95 BetrVG, the works council can refuse to approve this measure according to § 99 para. 2 BetrVG.

Can the works council refuse to work overtime?

If you did not involve your works council in ordering overtime, your employees can rightly refuse to work overtime. The employees can then simply refuse to work overtime.

Is a promotion a transfer?

Definition of a transfer in labor law The new job of the employee can be better than the previous one (promotion), but also of equal value (horizontal transfer) or inferior (vertical transfer). If the above conditions are met, it is still a transfer.

Can you object to a transfer?

Because when deciding whether to object to a planned transfer, the works council is not bound by the employment contract of the employee concerned, but decides independently as a works council on the basis of Section 99 (2) No. 4 BetrVG.

When is a transfer unreasonable?

There is no fixed limit for a reasonable transfer to another place of work. The employer’s reasons and the interests of the employee are always decisive. If no fixed place of work has been agreed in the employment contract, commuting time of one to two hours is usually reasonable.

When is a transfer ineffective?

A transfer may not be permitted because a specific job has been expressly or tacitly agreed. But also because the employer has not or incorrectly exercised his discretion. In all these cases, Maria can file a suit with the labor court.

Can you just cut your salary?

In principle, wages may not be reduced. The employee works, the employer pays him / her wages. In principle, the employee only owes a mere action, but not a certain success. In principle, a reduction in salary due to poor performance is therefore not easily possible.

When can the boss reduce the salary?

The reason: It is not easily possible to cut an employee’s salary if the results of his work are no longer correct. Behind this is the rule that the contracts between employer and employee do not provide for a reduction in salary in the event of poor performance.

When can an employer shorten hours?

The employer can refuse this if there are important operational reasons against it. He, too, can shorten working hours – but only if the employment contract contains appropriate regulations. In principle, the reduction must then apply to all employees and must not exceed 20%.

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