Federal Labour Court of Germany
The Federal Labour Court (BAG ) in Erfurt judgment on questions of German labor law and, through its case law on its development at much. It is the final authority and thus the Supreme Court of the labor courts and - in addition to Federal Fiscal, Federal Court, the Federal Social Court and the Federal Administrative Court - one of the five supreme courts of the Federal Republic of Germany. The court is headed since March 1, 2005 by Ingrid Schmidt as President.
When authority is the Federal Labour Court - such as the Federal Social Court - departmental standard under the Federal Ministry of Labour and Social Affairs and subject to its supervision. In his capacity as court, however, it is independent.
In the other countries in the German speaking not an independent supreme labor court exists; the last instance decisions in labor disputes are there part of the jurisdiction of the high court. This means in Liechtenstein Princely Supreme Court, Supreme Court in Luxembourg, Austria 's Supreme Court and federal court in Switzerland.
History and seat
The Labour Court was completely separated until after the Second World War by the general courts. The 1949 Basic Law came into force saw in Article 96, paragraph 1, of Section 1 reflects the principles of the present Article 95, before the labor courts as an independent branch of the legal system with its own Supreme Court. Was implemented this constitutional requirement, which came into force on October 1, 1953 Industrial Court law by which the Federal Labour Court was established. It took his judicial activity in April 1954 in Kassel.
In the wake of German unification, federalism Independent Commission decided in May 1992 to relocate the Federal Labour Court to Thuringia. In 1993, the state capital Erfurt was set as the future seat of the court. Since 1999 made moving from Kassel to Erfurt, the court is located on the grounds of the former plant Horn of Petersberg Citadel.
The task of the Federal Labour Court is basically the preservation of uniformity of decisions in the field of labor law as well as the development of the law in the areas in which the legislature unconsciously created no definitive rules or aware of the detailed design of the law is left to the courts (eg in industrial action ).
The Federal Labour Court rules on revisions against judgments of the provincial labor courts. To call the Federal Labour Court, the Court of Appeal must have allowed the appeal against his sentence because of the fundamental importance of the material question of law. It has, among other things then of fundamental importance when covering a large part of the public, where it is important for the entire legal system, when an absolute revision cause, if it has not yet been decided by an upper court or if the Court of Appeal from the decision wishes to deviate an upper court. If the Court of Appeal not allow the revision, there is a possibility of a leave to appeal, on which the Federal Labour Court decides. Is there instead of leave to appeal, the revision is approved. Decisions taken by the country's labor courts appeal before the Federal Labour Court may be appealed, which must be approved under the same conditions as a revision.
In certain exceptional cases, unless the parties agree, a decision of a labor tribunal - under disregard of the state labor court - be appealed directly to the Federal Labour Court (so-called leap-frog ), for example in disputes over collective agreements, measures of the labor dispute or questions of freedom of association.
Like all courts revision meets the Federal Labour Court usually no findings of fact, but checked the contested decisions solely in terms of whether they contain errors of law. Considers it a revision to be unfounded, it is rejected and the judgment becomes final. If the revision, however founded, can the Federal Labour Court, if all findings of fact necessary to the decision are to be found in the court's opinion, amend the decision. Lack of merits of the findings of fact, the litigation for a new trial to the Court of Appeal remanded.
The court is divided into ten Senate, which belong to three or four professional judges, a total of 35 judges (as of 2012). Furthermore, the Court has 118 non-judicial employees and there are an average of eleven scientific employees (as of 2005), which will assist the judges in their work.
The Senate decided in the cast with three professional judges - a chairman and two assessors - as well as one honorary judges from the ranks of employers and employees. Before the Federal Labour Court, the parties must be represented in general by a lawyer. Entitled to represent each approved in a German court. Where oral proceedings take place, it is then decided by a judgment, whereas decisions are made in a purely written procedure by decision.
The jurisdiction of the respective Senate depends on the legal issues to be decided and results from the schedule, which ( as at 1st January 2014) looks like this:
1 Senate: Material Works Constitution and staff representation rights and industrial action
2 Senate: Termination of employment by dismissal, and subsequent severance and acceptance delay claims, warnings
3 Senate: Occupational pensions
4 Senate: General law on collective agreements, except classifications of teachers and employees of the private sector, interpretation of collective agreements in the private sector
5 Senate: occupational status, continued pay and maternity
6 Senate: collective agreement interpretation in the public service as well as vocational training, terminations outside the Consumer Protection Act, Bankruptcy Law
7 Senate: Formal operating constitutional and staff representation rights as well as termination of employment due to a limitation
8 Senate: compensation, transfer of
9 Senate: leave, early retirement, part- time, home working and competition law, as well as not falling within the jurisdiction of other Senate litigation
10 Senate: bonuses and gratuities, allowances and collective activity hardship allowances, legal issues that affect the relationship with an institution of collective bargaining parties,
A Senate Will vary in a question of law from a decision of another Senate, he must in accordance with § 45 paragraph 2 ArbGG call the Great Senate, which then decides the case. In addition, a tribunal may refer a question of fundamental importance to the Great Senate for decision, if that is required in his opinion for the development of the law or to secure a uniform law ( § 45 paragraph 4 ArbGG ).
The Grand Senate is according to § 45 paragraph 5 ArbGG from the President of the Court, to a ( particular in the distribution business ) professional judges from each Senate and three lay judges from the ranks of workers and employers together.
President and Vice President
Building in Erfurt
On 22 November 1999 the Federal Labour Court took up his service operating in Erfurt - in a new office building, which was designed by the architect Gesine wine Miller and implemented between 1996 and 1999. The draft had prevailed in 1995, for a prescribed architectural competition with 167 competition entries. In 2000, the realized building was awarded the Thuringian State Prize for Architecture and Urban Design. Trends and Situation of formerly located on the property horn work are represented symbolically in the surrounding park by a Granitweg.
The rectangular, compact-looking four-storey building has two courtyards and is oriented to the north. Its energy -saving air- skin makes the building appear open with lots of windows despite the compactness.
Inside the building, dark American oak tones and natural stone floors dominate pale green Ticino gneiss. About a naturally illuminated, two-story foyer, all public areas are accessible, as the court rooms, the casino or the library, which encloses the courtyard of the building on the first floor. The flexible for future uses axis grid is filled to one-third by massive slate panels that were arranged in 2-1 alternating with the window elements and are offset on the floors each other. This offset will receive the facades of Theumarer slate a slightly -acting form game. In the milled slate panels are decorated with enamelled writing, movable glass sliding shutters for sun protection. The barely perceptible text that filters the sun, represents the endlessly repeating the first paragraph of the first article of the Basic Law dar.
The landscape architect Dieter Kienast is responsible for the design of the surrounding park.
The art and architecture comes from Ulrike Drasdo, Katharina Grosse, Veronika trowel villages, Klaus Kienold, Partenheimer, Ricardo Saro, Remy Zaugg and Ian Hamilton Finlay.
The address, the Hugo - Preuss -Platz 1, reminiscent of a German constitutional law, the 1918/1919 draft democratic constitution drawn up, which was the basis for the Weimar Constitution, and thus also for today's German Basic Law.
The official costume for the judge and the clerk at the Federal Labour Court was established with the order of the Federal President on the official costume at the Federal Labour Court and the Federal Social Court. The official costume consists of a Amtsrobe and a beret. To crimson Amtsrobe a broad white neckcloth worn with dangling ends, except clerks who wear a simple white cravat. The trim on the Amtsrobe and the beret is dependent on the function. For judges, the trimming of silk, for the Urkundspersonal from wool. At the beret, the President of the Federal Labour Court, a Chief Judge of the Federal Labour Court at the Federal Labour Court carries three cords in gold, two cords of gold and a judge two crimson cords.