According to § 135 (1) UG 2002, the Labor Constitution Act (ArbVG) applies to all employees, including civil servants, at universities. According to this law
- a Employee‘s Council for the academic university staff and
- a Employee‘s Council for the general university staff
shall be established. For civil servants assigned to university offices, the Federal Personnel Representation Act applies in parallel. The works committee is composed of the entirety of the members of both works councils.
The responsibilities of the Employee‘s Council include the perception and promotion of the economic, social, health and cultural interests of the employees as well as the achievement of a reconciliation of interests for the benefit of the employees (as far as possible without disrupting operations).
In order to fulfill these tasks, the works councils have a number of participation rights at their disposal (§§ 89 - 112 ArbVG) such as, in particular:
Monitoring rights (§ 89 ArbVG)
Monitoring rights (Sec. 89 ArbVG) with regard to compliance with the legal provisions affecting the employees of the company (laws, collective agreements, company agreements, implementation of and compliance with the regulations on employee protection, company measures for the advancement of women, etc.).
Intervention rights (§ 90 ArbVG)
Intervention rights (§ 90 ArbVG) with application and proposal rights of the Employee‘s Council in all matters affecting the interests of the employees - also for the elimination of defects - with the owner of the company and, if necessary, with the competent bodies outside the company
Information rights (§ 91 ArbVG)
Information rights ( § 91 ArbVG) in the broader and narrower sense, in which the employer must provide information to the works council at its request or inform the works council without being asked to do so.
Consultation rights (§ 92 ArbVG)
Consultation rights (§ 92 ArbVG) aimed at a joint exchange of opinions between the employer and the works council (quarterly consultations or, at the works council's request, monthly consultations) on current matters and general principles of business management from a social, personnel, economic and technical point of view, organization of labor relations, handing over the necessary documents.
Parity participation rights in social matters (§§ 94 - 97 ArbVG)
Parity participation rights in social matters (§§ 94 - 97 ArbVG) as an equal right of co-decision between the workforce and the company owner with the possibility of legal challenge and regulation in the form of company agreements): e.g. in company training measures, in the introduction of automation-supported personnel data processing systems, in the definition of general company regulations, in principles regarding the use of vacation time, etc.
Participation in personnel matters (§§ 98 - 107 ArbVG)
Participation in personnel matters (§§ 98 - 107 ArbVG): e.g. hiring, transfer, promotion and termination of contract
Participation in economic matters through economic information, intervention and consultation rights (§§ 108 - 112 ArbVG)
Participation in economic matters through economic information, intervention and consultation rights (§§ 108 - 112 ArbVG): e.g. in the case of far-reaching operational changes
Special provisions
The UG 2002 also provides, among other things, for special provisions for employee representation on the University Council.