Procedure of the conciliation committee proceedings

In many companies, conflicts between employers and works councils are inevitable. When negotiations have reached an impasse and no agreement seems possible, the conciliation committee comes into play.
In this article, you will learn how the conciliation committee procedure works, what legal principles apply, and when this important instrument is used.

Establishment of the conciliation committee

The establishment of a conciliation committee follows a clear procedure. First, an application to convene the conciliation committee is required in accordance with Section 76 (5) of the Works Constitution Act (BetrVG). This application can be submitted by either the employer or the works council. If the application is submitted by the works council, it requires prior approval by a works council resolution. After applying for the conciliation committee, the applicant assumes the role of initiator. They propose an impartial chairperson for the conciliation committee, who takes on a neutral and mediating role during the proceedings. In addition, the number of assessors in the conciliation committee is determined. Transparency and impartiality play a major role in this process. Both sides – the employer and the works council – must then select their assessors. The selection is based on the interests and skills of the representatives. The assessors should represent the interests of their respective sides, thus ensuring a balanced balance of power in the conciliation committee. Agreement must be reached between the parties involved on both the chairperson and the number of assessors. This agreement ensures that the conciliation procedure is conducted fairly and that the interests of both sides are taken into account appropriately. Once agreement has been reached on the chairperson and the assessors, the conciliation committee is constituted. If no agreement can be reached, the labor court may decide in accordance with Section 76 (2) and (3) BetrVG. This underscores the importance of objective and constructive cooperation throughout the entire conciliation committee proceedings.

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Preparation for the conciliation committee

Successful preparation for a conciliation committee requires a targeted approach. It is helpful to start with a preliminary meeting in which the works council members involved and the appointed assessors plan the procedure together. This step involves considering what goals you are pursuing as a works council and what solution would be best for you. Also consider what goals your employer might be pursuing and prepare appropriate counterarguments. Another step that can be helpful for the procedure is to draw up a list of tasks. Here, the tasks at hand are listed individually and distributed among those involved. It is important to adhere to the specified time frame to ensure that everything runs smoothly. A clear distribution of tasks avoids duplication of work and promotes a goal-oriented approach. At the same time, all necessary documents must be compiled. All documents required for the procedure must be compiled. If any documents are missing, they must be requested from the employer in order to have a complete basis for negotiation. In addition, the workforce must be informed about the conciliation committee. The involvement of a conciliation committee and the intentions of the works council should be communicated transparently. Open communication creates understanding and strengthens the workforce's trust in the works council. In addition to a strategy, alternative proposals should also be considered for the procedure itself, such as the possibility of interrupting the meeting. It is advisable to consider in advance which positions can be compromised in order to create room for compromise. A willingness to be flexible and compromise can pave the way for a successful agreement. Overall, it is important to carefully consider all steps of the preparation process in order to be optimally prepared for the arbitration hearing.

The conciliation procedure

Once the conciliation committee has been appointed, the actual conciliation proceedings begin. These proceedings can take place either directly at the company or at a neutral location to ensure an impartial atmosphere. During the proceedings, the previously appointed chairperson takes charge of the conciliation committee. The core of the proceedings is an oral consultation. The burden of proof lies with the party that initiated the proceedings. The representatives of both parties have the opportunity to present their convictions and arguments to clarify their positions, while the chairperson acts as a moderator. Their task is to encourage the parties to find a joint solution. The rounds of talks between the parties can be repeated as often as necessary to achieve a rapprochement of positions. In this process, various approaches are discussed and negotiated in order to reach an agreement.

The discussion in the proceedings

The actual discussion begins when the conciliation committee meets. Each party has the opportunity to present its views and arguments. This usually takes the form of oral presentations, which may be supported by written documents. The chairperson ensures that both sides are heard fairly and that no one is disadvantaged. Once both sides have presented their points of view, an open discussion can take place between the representatives and the chairperson. Questions can be asked, ambiguities clarified, and arguments explored in greater depth. The aim is to create a comprehensive basis for finding a solution.

Description of the conflicting points of view

In the context of conciliation proceedings, it is very important for the works council to present the conflicts and points of view clearly and concisely. The presentation should be factual and well structured. First of all, it is important to clearly identify the specific points of conflict and describe the differences of opinion between the employer and the works council.

The positions of both sides should be presented in detail. It is important to present the respective arguments, motives, and interests transparently. A clear structure can help to present the information in a clear manner. It is also advisable to address relevant legal frameworks and operational implications in order to make the context of the conflicts understandable.

Finally, it is helpful to highlight the effects of the conflicts and the significance of the decisions made for the company, the employees, and the working atmosphere. A factual and precise presentation of the conflicts and points of view enables the conciliation committee to gain a comprehensive picture of the situation and find a fair solution on this basis.

Reaching agreement

The aim of the conciliation procedure is to reach an agreement that both parties can agree on. To this end, the parties must, after presenting their positions, be prepared to compromise and meet each other halfway. This requires patience and openness to the other party's point of view. In addition, creativity is often required to find a win-win solution that satisfies both sides. The conciliation procedure can provide space to explore alternative approaches that might not be considered in direct negotiations.

Following the decision

Within two weeks of receiving the ruling, both parties have the option of having the ruling reviewed by a court, e.g., if they suspect that the conciliation committee has exceeded its discretionary powers. During the proceedings for the possible annulment of the conciliation committee's ruling by the labor court, the conciliation committee's ruling remains provisionally binding. In individual cases, a temporary injunction may also be necessary to ensure implementation.

Implementation of the results

Following the conciliation procedure, it is now important to implement the agreed outcomes appropriately and ensure that the agreements reached are successfully put into practice. This requires a careful and proactive approach. Clear communication, monitoring compliance, responding appropriately to violations, and taking employee feedback into account are crucial to ensuring successful implementation. The following steps can be helpful in this regard: Evaluate the outcome: Here, you can check whether the agreements reached meet the desired objectives and whether the interests of those involved have been adequately taken into account. If necessary, consider how the outcome will affect working conditions and the working atmosphere in the long term.

Inform employees and explain the results:

Start by communicating the results achieved to the employees. Explain the results in detail and provide a thorough justification for the agreements reached. This promotes both understanding and acceptance of the new regulations among employees.

Comply with the agreed regulations:

Ensure that the agreed regulations are implemented properly. To this end, random checks can be carried out and employees can be interviewed. If the employer does not comply with the agreed regulations, take appropriate measures. You can contact the employer in writing to address the violations. If necessary, a warning letter should be drafted to ensure compliance with the agreements.

Check the satisfaction of your colleagues:

Ask your colleagues how satisfied they are with the results of the conciliation committee. Take their feedback into account and determine whether they are happy with the agreements that have been made. If there is any dissatisfaction, consider possible suggestions for improvement and check the chances of success of an adjustment.

Termination of the conciliation committee's decision:

If it is necessary to terminate the conciliation committee's decision, observe the specified deadlines. The decision may be terminated if this is in the interests of the works council and colleagues in order to enable renegotiation or adjustments.

Types of conciliation proceedings

There are two different types of conciliation committee proceedings, each of which may involve specific conditions.

Voluntary conciliation committee proceedings

In matters that fall within the jurisdiction of the works council and for which the Works Constitution Act does not provide for an enforceable ruling by the conciliation committee, voluntary conciliation committee proceedings may be conducted. In this case, the conciliation committee is only formed if both parties agree and submit the application jointly. If both sides have agreed to the conciliation committee's ruling from the outset or accept it retrospectively, it replaces an agreement between the parties.

Enforceable conciliation committee proceedings

Another option is enforceable conciliation committee proceedings, which can be conducted in matters of full co-determination. In these cases, the ruling of the conciliation committee can replace the agreement between the employer and the works council. The legal basis for this can be found in Section 87 (2) BetrVG.

Significance of the conciliation procedure

Overall, the use of conciliation procedures is an important method for resolving conflicts and further developing co-determination in the workplace. The clear structure and the possibility of written documentation create a fair and transparent basis for negotiation between the parties. A good understanding of these types of procedures is crucial in order to protect the rights and interests of both sides while promoting constructive dialogue.

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