REPRESENTATIVE BODY FOR YOUNG WORKERS AND TRAINEES
| GERMANY |
| JUGEND- UND AUSZUBILDENDENVERTRETUNG REPRESENTATIVE BODY FOR YOUNG WORKERS AND TRAINEES |
An organ of the works constitution that must be elected in all establishments regularly employing at least five employees under the age of 18 or vocational trainees under the age of 25 (Works Constitution Act && 60 ff.). Its responsibilities correspond to those of the works council in matters specific to young employees and trainees; it is, however, entirely dependent on the works council as regards taking any practical action and must be allowed the appropriate initiative. It must be provided with all the necessary documents by the works council, with the exception of trade and business secrets. It has its own co-determination rights and rights to make claims in the courts under the "Beschluss" procedure . It may hold meetings and send representatives to works council meetings. Except for the right to leave of absence from work, its members have the same rights as works council members. There is a special regulation covering the case where the vocational training relationship comes to an end. If the employer does not wish to continue employing a vocational trainee who is a member of the representative body, this must be indicated in writing three months before the vocational training relationship expires. If the trainee concerned demands admission to the status of an open-ended employment relationship, a corresponding contract is deemed to be created. However, the employer is then entitled to have the non-existence or cancellation of the employment relationship established by court decision, if the necessary grounds exist.
All employees under the age of 18 and all vocational trainees under the age of 25 may participate in elections for the representative body; voting is by direct secret ballot, according to the majority principle. All individuals under the age of 25 by the date of the election are eligible to be elected. The electoral board is appointed by the works council or, if the council declines to do so, by the Labour Court on application. Elections are normally held between October 1 and November 30. The term of office is two years.
Corresponding bodies under staff representation law in the public sector exist, in accordance with the principle of the administrative-tier staff representation body , at the staff council , general staff council and main staff council levels (Federal Staff Representation Act ยงยง 57 ff., 64).
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.
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