BWBV0004959
Geldig vanaf 11-06-1956
Artikel 44
Notawisseling tussen de Nederlandse en de Britse Regering inzake de uitoefening van rechten en verplichtingen welke ten aanzien van de in de Bondsrepubliek Duitsland gestationeerde Nederlandse militaire eenheden voortvloeien uit twee op 26 mei 1952 te Bonn gesloten en op 23 oktober 1954 te Parijs herziene Verdragen
1. The Forces shall notify the competent German authorities as soon as possible of their requirements for civilian personnel and shall normally obtain labour through these authorities. The services of the competent German authorities shall be made available to members of the Forces for obtaining suitable civilian labour.
2. Germans who are working in the service of the Forces shall be subject to all obligations arising from the arrangements for the German Defence Contribution. They shall only be engaged on services of a non-combatant character including civilian guard duties.
3. German labour law, as applicable to the Federal authorities, with the exception of tariff regulations, shall apply to work with the Forces except as otherwise provided in this Article. When necessary, a Mixed Commission, established under paragraph 10 of this Article, shall, at the request of the highest authorities of the Forces, examine whether and to what extent particular provisions of German labour law are inconsistent with the military needs of the Forces. The findings of this Commission shall be duly taken into account by the appropriate German authorities in accordance with Article 3 of the present Convention.
4. Work with the Forces shall not be deemed employment with the German public service.
5. The German authorities, in agreement with the authorities of the Forces, shall
(a) established the terms and conditions of employment, including wages, salaries and job groupings (which shall serve as the basis for individual working agreements), and may conclude tariff agreements);
(b) regulate payment procedures.
6. The authorities of the Forces have, in connection with the labour referred to in this Article, the rights of engagement, placement, training, transfer with the consent of the worker, dismissal and acceptance of resignations.
7. The authorities of the Forces shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be provisionally classified by the authorities of the Forces into the appropriate wage and salary groups. The latter classification shall be subject to the approval of the competent German authorities. Such approval shall be deemed to have been given, unless the German authorities notify an objection within two weeks of the date of receipt of notification of the provisional classification. In such cases the appropriate classification shall be determined by consultation between the authorities of the Forces and the German authorities. The remuneration for the period covered by the provisional classification shall be paid according to the final classification. The worker shall be so informed at the time of the provisional classification.
8. Claims of individual workers arising out of work with the Forces shall be lodged against the Federal Republic. They shall be subject to German labour jurisdiction. However, in disputes arising out of dismissals on security grounds, a Mixed Commission, estahlished under paragraph 10 of this Article, shall, upon request of the designated authorities of the Forces, determine whether the dismissal with or without notice was justified; the decision shall be binding on German labour courts. Such request shall be made without delay and at the latest within one month after notification to the authorities of the Forces of the filing of the suit. The individual concerned shall be entitled to make a factual or legal statement before the Commission.
9. For the protection of their interests, those engaged on work with the Forces may set up Works Councils, whose task shall be to make suggestions and to present grievances or complaints to the appropriate authorities of the Forces. Such Councils shall be entitled to be heard by the appropriate authorities of the Forces. Grievances or complaints not resolved in this manner may be referred to the competent German authorities for further discussion with the authorities of the Forces.
10. The Mixed Commissions referred to in paragraphs 3 and 8 of this Article shall be composed equally of representatives of the appropriate authorities of the Three Powers and of representatives of the Federal Republic. They shall decide by majority vote; they shall establish their own rules of procedure, which may include provisions for action by sub-committees. If a Commission or sub-committee cannot reach a decision by majority vote, the Power or Powers concerned and the Federal Republic shall appoint an individual who shall participate in the decision.
2. Germans who are working in the service of the Forces shall be subject to all obligations arising from the arrangements for the German Defence Contribution. They shall only be engaged on services of a non-combatant character including civilian guard duties.
3. German labour law, as applicable to the Federal authorities, with the exception of tariff regulations, shall apply to work with the Forces except as otherwise provided in this Article. When necessary, a Mixed Commission, established under paragraph 10 of this Article, shall, at the request of the highest authorities of the Forces, examine whether and to what extent particular provisions of German labour law are inconsistent with the military needs of the Forces. The findings of this Commission shall be duly taken into account by the appropriate German authorities in accordance with Article 3 of the present Convention.
4. Work with the Forces shall not be deemed employment with the German public service.
5. The German authorities, in agreement with the authorities of the Forces, shall
(a) established the terms and conditions of employment, including wages, salaries and job groupings (which shall serve as the basis for individual working agreements), and may conclude tariff agreements);
(b) regulate payment procedures.
6. The authorities of the Forces have, in connection with the labour referred to in this Article, the rights of engagement, placement, training, transfer with the consent of the worker, dismissal and acceptance of resignations.
7. The authorities of the Forces shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be provisionally classified by the authorities of the Forces into the appropriate wage and salary groups. The latter classification shall be subject to the approval of the competent German authorities. Such approval shall be deemed to have been given, unless the German authorities notify an objection within two weeks of the date of receipt of notification of the provisional classification. In such cases the appropriate classification shall be determined by consultation between the authorities of the Forces and the German authorities. The remuneration for the period covered by the provisional classification shall be paid according to the final classification. The worker shall be so informed at the time of the provisional classification.
8. Claims of individual workers arising out of work with the Forces shall be lodged against the Federal Republic. They shall be subject to German labour jurisdiction. However, in disputes arising out of dismissals on security grounds, a Mixed Commission, estahlished under paragraph 10 of this Article, shall, upon request of the designated authorities of the Forces, determine whether the dismissal with or without notice was justified; the decision shall be binding on German labour courts. Such request shall be made without delay and at the latest within one month after notification to the authorities of the Forces of the filing of the suit. The individual concerned shall be entitled to make a factual or legal statement before the Commission.
9. For the protection of their interests, those engaged on work with the Forces may set up Works Councils, whose task shall be to make suggestions and to present grievances or complaints to the appropriate authorities of the Forces. Such Councils shall be entitled to be heard by the appropriate authorities of the Forces. Grievances or complaints not resolved in this manner may be referred to the competent German authorities for further discussion with the authorities of the Forces.
10. The Mixed Commissions referred to in paragraphs 3 and 8 of this Article shall be composed equally of representatives of the appropriate authorities of the Three Powers and of representatives of the Federal Republic. They shall decide by majority vote; they shall establish their own rules of procedure, which may include provisions for action by sub-committees. If a Commission or sub-committee cannot reach a decision by majority vote, the Power or Powers concerned and the Federal Republic shall appoint an individual who shall participate in the decision.
- Citeren als
- Art. 44
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004959
- Officiële bron
- wetten.overheid.nl