Autonomy of the Churches and eligibility for staff representation HEADNOTES Facts Employer and employee are in dispute over the employee's eligibility for the staff representation of the employer. The employer manages a youth centre. He is affiliated to the Charitable Works of the Protestant Church in Germany. He employs the employee in this youth centre; the employment relationship was established by contract. Until 1984 the employee was a member of the elected staff representation. The staff representation was constituted on the basis of the Regulations concerning Staff Representation in Religious Charit- able Institutions (RSR) of 24.9.1973. These Regulations were modified as from 1.4.1983; eligibility for staff representation was limited (S.5 (I lit. b)). S.5 now reads: (1) Every employee with voting rights shall be eligible if - on the day of the vote - he (a) ... (b) is member of a Church that collaborates in the work community of the Christian Churches in the Federal Republic of Germany and Berlin (West) and (c) ... The employee does not comply with the conditions of S.5 ( lit. b) RSR. He sought a declaration that he is eligible for the staff representation. The labour court dismissed the application. The
International Labour Law Reports Online – Brill
Published: Jan 1, 1985
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