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company conciliation board.

  • Applicable for: all conflict situations that are mandatory in the German Works Constitution Act, but also in the case of voluntary and so-called permanent company conciliation boards

  • Deployment as a party representative or as a member or chairman of company conciliation boards

  • the company conciliation board decides quickly and usually cost-effectively

  • the verdict of the company conciliation board is binding and has the same effect as a company works agreement

The company conciliation board is a company internal conciliation body in certain works constitution and employee representation law cases of co-determination. It convenes when the employer and works council cannot reach an agreement and the law provides for the company conciliation board. Their primary task is to reach an agreement between the responsible parties in the company in a timely manner that is in line with their interests. If this is unsuccessful, the company conciliation board decides by means of a verdict.

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The most important applications of the company conciliation board are the catalog facts of § 87 of the German Works Constitution Act (e.g. location and distribution of working hours, use of overtime, vacation and pay principles, EDP/IT systems as technical facilities, etc.). Incidentally, the company conciliation board is always used when the law states: "If no agreement is reached, the company conciliation board will decide".

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One of the parties must submit an application. The company conciliation board consists of the same number of members from each side (employer and works council) and an impartial chairman.

 

The aim of the company conciliation board is to reach an agreement between the operating parties in the event of a blockage. If this is unsuccessful, the company conciliation board decides by majority vote. A verdict by the company conciliation board replaces the lack of agreement between the employer and the works council. It works exactly like a company works agreement and is binding for both sides.

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With arbitram, I am being mandated as a specialist lawyer for employment law with my background as a certified mediator (M.M.) either as a party representative or as a member or chairman of company conciliation boards.

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