The conciliation committee: from appointment to award

Basics of the conciliation committee (§ 76 BetrVG): Definition and legal framework

• When is a conciliation committee formed?
• Enforceable and voluntary conciliation committee procedure.
• Establishment of a permanent conciliation committee.

Appeal to and establishment of the conciliation committee

• "Failure" of negotiations.
• Resolution of the works council on the appeal.
• Responsibility of the local works council, exceptions.
• Possibilities for the company partners to appeal.
• Requirements and course of the appointment procedure pursuant to Section 100 ArbGG.
• Composition of the conciliation board: impartial chairman and number of assessors.
• Court settlement on the appointment.

Procedure and process

• Procedural principles.
• Parties involved and their roles.
• Experts in the conciliation committee.
• Decision-making (e.g. taking of evidence) by the conciliation body.

The saying

• Basis for decision-making.
• Discretionary limits.
• Contestation and judicial review of the conciliation decision.

Cost and time expenditure

• Costs Chairman.
• Costs Assessor.
• Timing.

Cases from practice

• Working hours (trust-based working hours, flexitime and duty rosters).
• Extension of working hours (overtime and urgent cases, roster changes).
• Vacation principles, vacation plan and determination of vacation for individual employees.
• Remuneration (in particular special payments).
• Health protection (in particular risk assessment).
• Mobile working.
• Employee grievance in the conciliation committee.
• Reconciliation of interests and social plan.
• IT programs.