|Works Council Act
Chapter 3. Composition of the Works Councils and procedures
WCA: Section 9. Elections
of the Works Council shall be elected by a secret written ballot and on
the basis of one or more lists of candidates.
list of candidates may be submitted by:
association of employees which includes among its members persons in
the enterprise who are entitled to vote, which by virtue of its
articles of association has the protection of the interests of its
members as employees as its objective and is operating as such in the
particular enterprise or branch of industry and in addition has
possessed full legal competence for a minimum of two years, provided it
has consulted its members in the enterprise on the composition of the
list of candidates. With regard to an association which by virtue of
its articles can be considered a continuation of one or more other
associations of employees with full legal competence the duration of
the full legal competence of that association is taken into account in
establishing the time of two years;
- every person or
group of persons who are employed in the enterprise and are entitled to
vote and are no member of an association of employees as meant in
paragraph a who has submitted a list of candidates.
Works Council may stipulate in its code of regulations that separate
lists of candidates shall be submitted for certain groups of persons
employed in the company or for certain sections of the company to
provide a basis for the election by these persons or sections of the
number of Works Council members specified in the code of regulations.
If the Works Council has made use of this power, the requirements laid
down in paragraph 2 regarding the submission of lists of candidates
shall apply to every designated group or every designated section
- As far as possible, if it is considered
that this will advance the proper implementation of this Act in the
enterprise, in its code of regulations the Works Council shall make
provisions to ensure that the various groups of persons working in the
enterprise are, represented in the Works Council.
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