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Works agreement
A works agreement (German: Betriebsvereinbarung; plural: Betriebsvereinbarungen; BV) is a special type of agreement in German labour law between a works council and the employer, described in §77 of the Works Constitution Act. It is distinct from collective agreements negotiated by trade unions.
The works agreement must be recorded in writing and signed with a wet-ink signature by both parties, the employer (typically the executive director) and the works council chair. Alternatively, the chair of the conciliation committee appointed by both parties may sign the document in the event of a failed negotiation. The employer and the works council can unilaterally terminate a works agreement unless otherwise specified.
Central works agreements and group works agreements are not defined in the Works Constitution Act. Rather, they are a popular naming convention to describe works agreements concluded by central works councils and group works councils.
The employer is usually responsible for implementing the works agreement. The signing works council and individual employees mentioned in the scope can also enforce the terms of the works agreement, for example going to labour court if the employer does not comply with it.[citation needed]
§77 of the Works Constitution Act specifies that works agreements cannot deal with matters, primarily dealt through collective bargaining, i.e., wage increases. Section §87(1) outlines 14 different areas of enforceable co-determination, insofar as they are not already regulated in existing collective agreements specific to that company and industry, unless such collective agreements explicitly permit supplementary works agreements.
Works agreements can be concluded for topics internal to the works council itself, for example a central works agreement on its membership size.
The Works Constitution Act distinguishes between enforceable and voluntary works agreements.
§87(2) specifies in the event of a failed negotiation for the 14 enforceable topics covered in §87(1), a conciliation committee can provide an award in the form of a works agreement. For matters covered in §88, the employer and works council can only conclude a works agreement on a voluntary basis, with no possibility of escalating to a conciliation committee.
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Works agreement
A works agreement (German: Betriebsvereinbarung; plural: Betriebsvereinbarungen; BV) is a special type of agreement in German labour law between a works council and the employer, described in §77 of the Works Constitution Act. It is distinct from collective agreements negotiated by trade unions.
The works agreement must be recorded in writing and signed with a wet-ink signature by both parties, the employer (typically the executive director) and the works council chair. Alternatively, the chair of the conciliation committee appointed by both parties may sign the document in the event of a failed negotiation. The employer and the works council can unilaterally terminate a works agreement unless otherwise specified.
Central works agreements and group works agreements are not defined in the Works Constitution Act. Rather, they are a popular naming convention to describe works agreements concluded by central works councils and group works councils.
The employer is usually responsible for implementing the works agreement. The signing works council and individual employees mentioned in the scope can also enforce the terms of the works agreement, for example going to labour court if the employer does not comply with it.[citation needed]
§77 of the Works Constitution Act specifies that works agreements cannot deal with matters, primarily dealt through collective bargaining, i.e., wage increases. Section §87(1) outlines 14 different areas of enforceable co-determination, insofar as they are not already regulated in existing collective agreements specific to that company and industry, unless such collective agreements explicitly permit supplementary works agreements.
Works agreements can be concluded for topics internal to the works council itself, for example a central works agreement on its membership size.
The Works Constitution Act distinguishes between enforceable and voluntary works agreements.
§87(2) specifies in the event of a failed negotiation for the 14 enforceable topics covered in §87(1), a conciliation committee can provide an award in the form of a works agreement. For matters covered in §88, the employer and works council can only conclude a works agreement on a voluntary basis, with no possibility of escalating to a conciliation committee.