Language barrier, Ersatmitglied(er) auch dann nicht zur BR-Sitzung einladen, wenn BR-Mitglied krank ist?

Question

I'm sorry this is in English, but that is our working language (in Germany). I am the first reserve of our 7 person Br. Following BR training (given in English) the Br is of the opinion that reserves do not need to be invited to a Br meeting, even when a full member is absent on vacation or sickness. I have asked them to check this with a lawyer, but again yesterday I was not invited to a meeting, even though one of the members is on vacation and unable to attend. I am of the opinion that I must be invited, and if I am not invited then all decisions are legally unsound. Who is right, me or the Br ? Answers in either German or English thanks.

Unsere Seminarempfehlung

Betriebsratssitzung
Wichtiges Basiswissen für die wirksame Beschlussfassung erwerben

Lotte · Answer

8th_man,
wenn ein ordentliches Mitglied verhindert ist und dieses dem Vorsitzenden früh genug bekannt ist (manche melden sich erst 10 Minuten vor der Sitzung krank), ist nach §25 und §29 BetrVG ein Ersatzmitglied zu laden.
Die Verhinderungsgründe im Einzelnen, zu denen Urlaub und Krankheit auf jeden Fall gehören, findest Du in den Kommentierungen zu den genannten §§.

sphinx · Answer

good evening,

you also have to proof wether there are two or more lists of members of Br, because when somebody ist absent from list one, annother member from list one have to follow. If
you are from list two, you take part even when they need someone from list two.

greetings

Fayence · Answer

8th_man,
and what´s about your working language in England (german?) ;-). The answer of your question you can find here:

Section 25 Substitutes
(1) Whenever a member leaves the works council he shall be replaced by a substitute. The foregoing shall apply, mutatis mutandis, to the replacement of a member of a works council who is temporarily unable to act.

(2) The substitutes shall be taken in turn from the unelected employees on the same candidate lists as the members who are to be replaced, having regard to section 15 (2). After all persons on one list of candidates have been taken, the substitute shall be taken from the candidate list from which the next seat would be filled in accordance with the principles of proportional representation. If the member who is leaving or unable to act was elected on the principles of majority representation, the sequence of the substitutes shall be in accordance with the number of votes obtained, having regard to section 15 (2).

Section 29 Convening of meetings
(2) Subsequent meetings shall be called by the chairman of the works council. The chairman shall draw up the agenda and conduct the proceedings. He shall notify the works council members of the meetings in good time, informing them of the agenda. The foregoing shall also apply to the disabled persons’ delegation and to the youth and trainee representatives, insofar as they are entitled to attend the works council meeting. If a member of the works council or of the youth and trainee delegation is unable to attend a meeting, he shall inform the chairman without delay, indicating the reasons for his absence. The chairman shall then invite the substitute to replace the said member of the works council or the youth and trainee representative in his absence.

If you need a translation of BetrVG, take a look on this site: http://mitbestimmung.verdi.de/betriebsrat/material/betrvg_in_englisch

stinker · Answer

ey-up!

by the sounds of it, you are right (taking the above-mentioned into consideration of course).

And now for something completely different:
Why is English the working language in your company? Has this always been the working language, or has there been an influx of so many "foreigners" in the company that English is required in order to be able to communicate?

There is a behind-the-scenes discussion going on in our company to make English the "official" language here (in Düsseldorf). As far as I know, and please correct me if I am mistaken, the change of the working language in a company is something that cannot be done without the explicit approval of the workers council (§87,1,1 BetrVG); or at least I hope they cannot just do it without our approval.

8th_man · Answer

Vielen dank an alle, ich hoffe mein Br reagiert positiv zu euren antworten.  I am exceedingly gratefull for the link to the Verdi site.  This publication was removed from the Bundes web pages and has been very hard to find.
Now to stinker, all right mate? Our working language is English because it is a requirement that all workers speak English, but not a requirement that all workers speak German.  90% of my colleagues are non-german europeans.  It is important to understand that our contracts are in English.  I would be very suprised if an employer can change the working language without co-determination.  All works agreements, safety notices, company instructions etc. would have to be translated into both languages.  Contracts would have to be re-written and agreed.  This would be a major change requiring major changes.