Advice for church institutions on staff representation law (MAVO, MVG) and on church employment regulations
Church-affiliated organisations in care, education, training and counselling are subject to a separate employment law system that combines state law and church law. For the management of an institution, the key is to bring both levels together in day-to-day HR work. We advise church employers across the full range of these issues.
The key points at a glance
Church right of self-determination
Under Art. 140 GG in conjunction with Art. 137 Abs. 3 WRV, religious communities order and administer their affairs independently. Under § 118 Abs. 2 BetrVG, the Works Constitution Act does not apply to them or their charitable and educational institutions. It is replaced by the staff representation regulations of the Catholic Church (MAVO) and the Staff Representation Act of the EKD (MVG.EKD).
“Third Way”
In the church sector, working conditions are generally set not by collective agreements but through the so-called “Third Way”, by employment law commissions with equal representation. The resulting church employment regulations – such as AVR, ABD or KAVO – apply by way of a reference in the employment contract.
Application of state employment law
State individual employment law, such as the Dismissal Protection Act, the Working Hours Act or the Maternity Protection Act, also applies in church institutions. Disputes arising from individual employment relationships are decided by the state labour courts.
Church loyalty requirements
The Basic Order of Church Service was revised in 2022 and places greater emphasis on the institution and its institutional character. Accordingly, the private lives of employees are, in principle, no longer subject to legal assessment.
How we proceed
We clarify whether an institution is affiliated with the church and which regulations – MAVO or MVG, church employment regulations or collective agreement – are applicable.
We assist with employment contracts, grading, dismissals and restructuring, taking into account the participation rights of the staff representation.
We represent institutions before state and church labour courts as well as before conciliation and arbitration bodies.
Frequently asked questions
Does the Dismissal Protection Act apply in a church institution?
Yes. State law on protection against dismissal also applies to church employers. In addition, the staff representation must be involved in accordance with the applicable church law.
Can a church institution have a works council?
The Works Constitution Act does not apply to charitable and educational institutions affiliated with the church. In these institutions, employees' interests are represented by a staff representation.
Your contacts
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