Jugend- und Auszubildendenvertretung

The youth and trainee representatives ( JAV) is the representation of young people under 18 years of professional training employees ( apprentices, trainees, working students ) under 25 years in a company or an authority. This group is therefore also entitled to vote.

A youth and trainee representatives can be selected only if there is already a works council. A dual membership in council and youth and trainee representatives is not part of the Works Constitution Act.

The choice

Passive choice - Which group of people should can be set up for election?

Any employee under the age of 25 years (even if he is no longer in education) may can be set up for election ( in the public sector are different age limits - see JAV in the public service). He must not be a member of the works council. Members, which in the course of the term exceed 25 years of age, remain gem. § 64 para 3 WCA yet a member of JAV.

Active choice - Which group of people can vote?

All young workers under the age of 18 years and all apprentices under 25 may choose the youth and trainee representatives.

Tasks of JAV

The youth and trainee representatives works closely with the works council or the staff committee.

  • Perception of the needs of trainees
  • Requests for action at the council or the staff committee (especially for training, acquisition, equality between men and women)
  • Monitoring of laws, regulations, collective agreements, etc.
  • Zoom carry suggestions of trainees in the Betriebs-/Personalrat
  • Integration of foreign trainee
  • To solve problems of trainees

Rights

  • Participate in operating or staff council meetings
  • Attending committee meetings of the works council
  • Participation in meetings between Betriebs-/Personalrat and employers
  • Implementation of youth and trainee meetings
  • Implementation of youth and trainee representatives sessions
  • Holding of office hours
  • Participation in required training at the expense of the employer
  • Participation in interviews
  • Exemptions from the labor contractual obligation to accomplish the tasks as JAV Member without reduction of salary or loss of the introduced working time.

Date of the election and term of office

The choice for youth and trainee representatives held every two years in a period from October 1st to November 30th. Accordingly, the term of office is two years and begins with the announcement of the election results, or, while you are still JAV, with the end of the term of office of the old youth and trainee representatives ( but which must end on 30 November at the latest).

Number of representatives in the JAV

According to § 59 Section 1 BPersVG following rules apply to the number of representatives in the JAV:

According to § 62 Section 1 WCA following rules apply to the number of representatives in the JAV:

Protection rules

In order to prevent discrimination against youth and trainee representatives virtue of their office, the legislature has enacted various protective provisions for the members of a JAV in the Works Constitution Act and analogous in the Staff Committee laws. So they are in accordance with § 78 to take a WCA after training in an open- ended contract. Exceptions for doing so is only if the employer can prove that he has no personal needs. This assumes that no other trainee is taken. In addition, the youth and trainee representatives may in its audit have not performed significantly worse than the average of its academic year.

In addition, members of the JAV enjoy the same employment protection as that of the council.

JAV public service

In the public service youth and trainee representatives are elected. The regulations are found in the Staff Committee laws of the Federation and the Länder. The choices are ( BPersVG § 58 paragraph 2 ) for the representations in the federal civil service employees who have not yet reached the age 26.Lebensjahr on election day. The local staff representatives laws for the state or local service employees sometimes have deviating age limits, for example, are in Bavaria and North Rhine -Westphalia employees who have not yet reached the age 27.Lebensjahr on election day, can be selected. Corresponding body is in the public service of the staff committee (not the council). The electorate also includes civil service candidates / inside.

In the public sector, the number of youth representatives is regulated slightly differently ( by the Staff Committee laws ). The election was previously held in the spring. From the election of 2011 but will be merged with the Staff Council election. This results in a prolonged term results in the period 2008 - 2011th rights and obligations similar to those in the private sector.

Employment#Employee Statute
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