What is 99 99 99 100
Section 99 BetrVG - co-determination in individual personnel measures
(1) In companies with generally more than twenty employees entitled to vote, the employer must inform the works council before any hiring, categorization, regrouping or transfer, submit the required application documents and provide information about the person involved; he has to provide the works council with information about the effects of the planned measure by submitting the necessary documents and obtain the approval of the works council for the planned measure. In the case of recruitment and transfers, the employer must in particular notify the intended job and the intended grouping. The members of the works council are obliged to maintain secrecy about the personal circumstances and matters of the employees that have become known to them in the course of the personnel measures pursuant to sentences 1 and 2, which, because of their importance or content, require confidential treatment; Section 79 (1) sentences 2 to 4 apply accordingly.
(2) The works council can refuse approval if
- the personal measure would violate a law, an ordinance, an accident prevention regulation or a provision in a collective agreement or in a works agreement or against a court decision or an official order,
- the personnel measure would violate a guideline under Section 95,
- there is a fact-based concern that as a result of the personnel measure in the company, employees will be dismissed or suffer other disadvantages without this being justified for operational or personal reasons; In the case of permanent employment, a disadvantage is also the failure to consider an equally qualified temporary employee,
- the employee concerned is disadvantaged by the personnel measure without this being justified for operational reasons or reasons relating to the employee,
- a tender required in accordance with Section 93 has not been carried out in the company, or
- there is a fact-based concern that the candidate or employee envisaged for the personnel measure will disrupt the operational peace through unlawful behavior or through gross violation of the principles contained in Section 75 (1), in particular through racist or xenophobic activities.
(3) If the works council refuses to give its consent, it must notify the employer of this in writing within one week of being informed by the employer, stating the reasons. If the works council does not notify the employer of the refusal of its consent in writing within the period, the consent is deemed to have been granted.
(4) If the works council refuses to give its consent, the employer can apply to the labor court to replace the consent.
Section 100 BetrVG - Preliminary personnel measures
(1) If this is urgently necessary for objective reasons, the employer can provisionally carry out the personnel measure within the meaning of Section 99 (1) sentence 1 before the works council has expressed its opinion or if it has refused to give its consent. The employer has to inform the employee about the factual and legal situation.
(2) The employer must immediately inform the works council of the preliminary personnel measure. If the works council denies that the measure is urgently required for objective reasons, it must inform the employer immediately. In this case, the employer may only maintain the temporary personnel measure if he applies to the labor court within three days to replace the consent of the works council and to determine that the measure was urgently required for objective reasons.
(3) If the court rejects the replacement of the works council's consent by means of a final decision or if it finally establishes that the measure was obviously not urgently required for objective reasons, the provisional personnel measure ends two weeks after the decision becomes final. From this point on, the personnel measure may not be maintained.
Section 101 BetrVG - penalty payment
If the employer carries out a personnel measure within the meaning of Section 99 (1) sentence 1 without the consent of the works council or if he maintains a provisional personnel measure contrary to Section 100 (2) sentence 3 or 3, the works council can apply to the labor court order the employer to cancel the personnel measure. If, contrary to a final court decision, the employer does not cancel the personal measure, the labor court must, at the request of the works council, recognize that the employer is to be urged to cancel the measure by means of a penalty payment. The maximum amount of the fine is 500 German marks for each day of the offense. (from 1.1.2002: 250 euros)
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