The resolution procedure in labor law

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The resolution procedure

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The resolution procedure is applied in the employment law range. Thereby the § 2 a ArbGG The position on disputes in which the resolution procedure is applied and the jurisdiction of the court is regulated. The basic difference between this procedure and the normally applicable judgment procedure is that in this case the labor courts terminate a legal dispute by means of an order and not by means of a judgment. Among other things, pursuant to § 2 a ArbGG Matters arising from the Works Constitution Act or the Codetermination Act are dealt with in resolution proceedings. For example, the resolution procedure is not initiated by a complaint, but by a motion. Likewise, certain terms are distinguished in the proceedings. An appeal, as it is called in the judgment proceedings, is the complaint in the resolution proceedings.

The admissibility of the appeal does not depend on the admission by the labor court of a minimum amount in dispute. It merely has to be filed in due form and time. Likewise, representation is mandatory in the form of a proxy in the resolution proceedings. Lawyer or association representatives. An appeal to the Federal Labor Court is an appeal on a point of law. Unlike in civil proceedings, the prevailing party must also bear its costs for Lawyers etc. are to be borne by the company itself. There is no reimbursement of costs, regardless of how the legal dispute has ended or will end.

In general, however, the resolution procedure is free of court costs. Thus, no fees or expenses are charged. It should be noted that should a works council be represented in court by a Lawyer are represented, the employer must reimburse the works council for the costs incurred and must bear these costs itself.

Subject matter of the resolution proceedings

Subject matter of the dispute Resolution proceedings

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A possible subject of dispute is, for example, the works council of a company. The resolution procedure decides how a works council is to be formed, whether a works council election can be contested, what rights a works council has vis-à-vis the employer, or even what powers an individual works council member has. Thus, it can be summarized that a large number of resolution proceedings deal with operational or supra-company co-determination issues. As a result, the works council and the employer are just as often involved in the legal dispute.

The procedure is also different in that, in contrast to judgment proceedings, the labor court investigates the facts of the case ex officio and determines all important facts. It is therefore not necessary for the parties to present their case.

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Law firm for labor law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection