Who decides on employment in the public service?
1 No. 1 BPersVG). This means that the employer may only hire the employee after the staff council has given its approval. If the staff council rejects the measure, an arbitration board (ultimately) decides (for more information, see under codetermination procedure).
Why does the works council have to agree to a hiring?
Section 99 (2) No. 3 of the BetrVG gives the works council the option of refusing to approve a hiring if there is a fear that employees employed in the company will be dismissed or suffer other disadvantages as a result of the hiring.
What does the works council check when hiring?
The works council must know everything that enables it to judge whether or not to agree to the appointment. First and foremost, this includes the application documents and other documents that provide sufficient information about the applicant.
What documents does the works council need when hiring?
The documents that the employer has to present to the works council include not only the application documents submitted by the applicant, such as curriculum vitae, certificates and letters of application.
What happens if the works council does not approve 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.
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