Staff Council (Personalrat)

Transcription

1 Staff Council (Personalrat) 37 members (since elections from 28. April 2010) elections every 4 years 13 (possible) full-time positions - 5 actually, 8 half-time 10 committees 0 Personalrat

2 Distinction in Germany: Staff Council Trade Union Staff Council Basis is: Staff Council Law (Landes-Personal-Vertretungs-Gesetz LPVG) Objective, Task: Negotiations with Board of Directors about work conditions Example: Agreement about phd payment Power in case of conflict: arbitration committee, court Trade Union Basis is: German Constitution (Art. 9) Objective, task: Collective wage agreements Example: collective wage agreements for public sector: TVöD or TV-L Power in case of conflict: strike 1 Personalrat

3 Beginning of Staff Councils and Trade Unions 1848 March Revolution 1849 First Constitution of Germany - Installation of Works Councils was discussed Voluntary implementations of Company Committees Workers Associations 1865 First union in Germany (for cigarette companies) 1919 Works Councils in Constitution of Weimar 1952 Works Constitution Act (Betriebsverfassungsgesetz) - for companies 1955 Staff Council Act (Personalvertretungsgesetz) - for public sector 2 Personalrat

4 What we can learn from History Rights of employees you don t get without your help You have to fight for them Even, you have to fight for conservation of actual standards E.g. KIT: no employee in supervisory board no financial codetermination in senate

5 Differences in KIT between South and North University Research Centre Public services Company Staff Council Works Council fusion KIT Public services + Codetermination on scientific employees + Relocations regulization + Social compensation plans + Arbitration committee Staff Council

6 When is the Staff Council able to help you? Example 1 Not Typical (but necessary and frequent): Temporary employment: fixed-term, non-permanent contract German laws are bad, especially in science: Act on part-time work and fixed-time contracts Act on science fixed-time contracts Without reason: fixed-time contracts up to 2 years For scientists: 6 years before phd, 6 years after phd With reason (non-permanent project): fixed-time contracts for many years With third-party funds: fixed-time contracts until you retire Staff Council: check about reasons, consulting for individual complaints Trade Union: restrictions on fixed-time contracts in collective wage agreements

7 When is the Staff Council able to help you? According to Staff Council Act: different power of interaction with executive board Strong power (co-determination) Social institutions (cantine, day care center, bus/tram transport, apartments) Medium power (court in case of conflicts) Individual Personnel Measures (recruitment, level of payment, bonuses, performance oriented payments, fixed-term jobs) Working hours Professional Training (places to train, promotion of internal education programmes) Controlling with technical equipment (personnel data, data of flexible working hours, entrance controlling)

8 When is the Staff Council able to help you? According to Staff Council Act: Low power (right of Information, discussion) Financial, economical and structural affairs changes of organisations (restructuring of services or research area, outsourcing) No power of interaction Appointment of professors Determination of research areas many, many other things

9 Work of the Staff Council Staff Council meetings weekly Employee Meetings 3 or 4 times a year Newsletter of the Staff Council PR Info 4 times a year Monthly meetings with the Executive Board of KIT Guest in institute meetings Member/Guest of Academic Senate Cooperation with Organization of PhDs (Doctorands Initiative) Youth and Apprentice Assembly (JAV) Trade Union (Ver.di) Gender Equality commissioners Representative for disabled employees Staff Councils of Universities and Main Staff Council (HPR) in Baden-Württemberg Staff and Works Councils of Helmholtz Association in Germany (AGBR) 9 Personalrat

10 Frequent problems the staff council has to deal with (1/3) Conflict at work Conflicts between boss an employee between employees Means: Supervised Talks, assistance for employees Coaching, mediation Different working place In collaboration with department of human resources and social advisors

11 Frequent problems the staff council has to deal with (2/3) Relocation from north to south or vice versa Only if you agree Staff council must agree, too Change of major work activities Only if you agree Staff council must agree, too

12 Frequent problems the staff council has to deal with (3/3) Right of Complaint The Staff Council has to urge the employer in cases of unjustified treatment of employees to improve situation Disciplinary Discussions Right of consultation of a member of the Staff Council Right of inspection into the personnel file Right of consultation of a member of the Staff Council

13 Frequently asked questions (1/2) Further Education: Lot of courses Use it! In case of problems with boss (because of financing): contact us Illness: Inform your boss as soon as possible After 3 days: attestation from doctor Saturday, Sunday are counted, too

14 Frequently asked questions (2/2) Work schedule: 39,5 hours per week for all new employees (TV-L) 39 hours per week when employed in research centre before 9/2009 (TVöD) Campus North: 9 3 pm every day fixed, rest flexible Check of working time every 2 months (Feb, Apr, Jun, ) 0 hours when balanced Up to +24 hours accepted, when more: cut! Up to -16 hours accepted, when less: talk with your boss! Unpaid holidays: If you have a good reason

15 Committees of the Staff Council (1/2) Human Resources Committee Meetings several times a week 80 activities / week Objective: control of recruitment of employees: Internal applicants have priority to external (when qualified) Women have priority when too less women in department Control of payment changes per year: 200 new employees less than 10 % with permanent contract Data Protection Committee Control about new systems that handle personal data or control employees access rights to databases with personal data 15 Personalrat IT-infrastructure: rights for system administrators

16 Committees of the Staff Council (2/2) Social matters and prevention of conflicts Committee mobbing alcohol addicts Gender Equality Committee Promotion of equal opportunities of women and men, in recruitment (selection rules), employment, and professional career compatibility of family and work KiTa: day care center, agreements with executive office Canteen Committee new canteen negotiations about private or public operator Education and further training c. Employee improvement system Industrial safety c. Transportation services c. 16 Personalrat

17 Address of Staff Council How to contact us in Campus South: Building No , 2nd Floor Phone: South How to contact us in Campus North: Building No. 123, Ground Floor Phone: North Web: 17 Personalrat