Control Council Law No 22 (10 April 1946) Works Councils

by Allied Control Council

OFFICIAL GAZETTE OF THE CONTROL COUNCIL FOR GERMANY

Number 6

30 April 1946

BERLIN

32 Elssholzstraße

[page 133]

- 38 -

LAW No 22

Works Councils

The Control Council enacts as follows

Article I

The organization and activities of Works Councils (Betriebsräte) to represent the professional, economic and social interests of the workers and employees in each individual enterprise are hereby permitted throughout Germany.

Article II

1. A Works Council for an enterprise shall consist only of persons actually working in that enterprise.

2. No official of the former German Labor Front (Deutsche Arbeitsfront) or former member of the Nazi Party shall be a member of a Works Council.

Article III

1. Members of Works Councils shall be elected by democratic methods. Voting shall be by secret ballot.

2. No person may hold office as a member of a Works Council for more than one year without re-election.

Articles IV

1. Workers and employees of an enterprise may form a Preparatory Committee for the purpose of [page 134] making recommendations with regard to the composition of the Works Council and the conduct of the election of members thereof. These recommendations shall be subject to the approval by the majority of the workers and the employees of the enterprise.

2. Recognized Trade Unions may participate in the formation of Preparatory Committees and in the organization of elections to Works Councils, and may propose candidates for Works Councils from among workers and employees of the enterprise concerned.

Article V

1. Works Councils may have as their basic functions any of the following matters relating to the protection of the interests of the workers and employees of an enterprise except insofar as these matters are governed by or are subject to any restriction by regulations having the force of law:

a) Negotiations with employers on the application of collective agreements and of internal regulations to individual enterprises.

b) Negotiations of agreements with the employers regarding factory regulations for the protection of labor, including such matters as safety pre-cautions, medical facilities, factory hygiene, working conditions, rules for engagements, dismissals, and settlement of grievances.

c) Submission of proposals to the employer for the improvement of methods of work and organization of production for the purpose of avoiding unemployment.

d) Investigation of grievances and discussion thereof with the employer; assistance to the workers, employees and Trade Unions in the preparation of cases for submission to factory inspectors, social insurance and labor protection authorities, labor courts and other agencies for settling labor disputes.

e) Co-operation with the authorities in the prevention of all war production and in the denazification of public and private enterprises. Participation in the creation of management of social works designed for the welfare of the workers of an enterprise, including nurseries, medical assistance, sports, etc.

2. Each Works Council shall determine its specific functions and procedure within the limits set forth in this law.

Article VI

1. A Works Council or its representatives shall be entitled to meet within the enterprise, and to have access to the employer or his nominated representative for the purpose of discussing matters falling within the competence of the Works Council.

2. The employer shall submit periodically to the Works Council all information necessary to enable the latter to carry out its basic functions. [page 135]

3. The matters on which [the] employer shall submit reports to the Works Council and the hours and dates of meetings shall be the subject of an agreement between the Works Council and the employer. This agreement may provide, as a method of information, for the attendance of representatives of the Works Council at meetings of the supervisory body of the enterprise.

Article VII

Works Councils shall carry out their functions in cooperation with the recognized Trade Unions.

Article VIII

In addition to their regular meetings, Works Councils shall give a full report of their activities at least once every quarter to a general meeting of the workers and employees concerned.

Article IX

No employer shall hinder the establishment of a Works Council in his enterprise, or interfere with its activities, or discriminate against the members of the Works Council.

Article X

Military Government authorities may dissolve any Works Council if its activities are directed against the aims of the occupation or are in conflict with the provisions of this law.

Article XI

The provisions of this law shall also apply to Works Councils which were in existence prior to the date of its coming into force.

Article XII

All German laws conflicting with this law are repealed or amended in conformity with the provisions of this law.

Article XIII

This law shall come into force on the date of its publication.

Done at Berlin on the 10th day of April 1946.

JOSEPH T. McNARNEY General

MONTGOMERY of ALAMEIN Field Marshal

P. KOENIG Général de Corps d’Armée

V. SOKOLOVSKY Army General