Advice on staff representation law (MAVO, MVG)
Staff representation law governs the participation of employees in church institutions. The Catholic and Protestant regulations each follow their own structure and terminology. We advise church employers and staff representation bodies on participation rights in detail.
The key points at a glance
Legal basis
In the Catholic sphere, the Staff Representation Regulations (MAVO) enacted by the individual (arch)dioceses apply, based on a framework regulation. In the Protestant sphere, the EKD Staff Representation Act (MVG.EKD) applies, as adopted by the regional churches and in part supplemented by their own provisions. The version in force must therefore always be established for the specific institution.
Forms of participation under the MAVO
The MAVO distinguishes in particular between consultation and joint deliberation, consent, and the staff representation’s rights to submit applications and proposals. Certain matters may be governed by service agreements. For disputes, the regulations provide for a conciliation board and recourse to the church labour courts.
Forms of participation under the MVG.EKD
The MVG.EKD provides for co-determination, limited co-determination and joint deliberation. If the staff representation refuses consent in matters subject to co-determination, the management of the institution may apply to the church court. In certain organisational and social matters, the staff representation has a right of initiative.
Participation in dismissals
Under both sets of regulations, the staff representation must be involved before any dismissal. A dismissal without proper participation is invalid. The requirements regarding information and time limits differ between the regulations.
How we proceed
We establish which regulations, in which version, apply to the institution and which form of participation is prescribed for the specific measure.
We prepare applications, statements and service agreements and ensure that the formal requirements and time limits of the participation procedure are observed.
Where differences of opinion arise, we provide support in conciliation talks, before the conciliation board and before the church courts.
Frequently asked questions
Who bears the costs of the staff representation?
As a rule, the church employer bears the costs necessary for the staff representation to perform its duties. Under certain conditions, this may also include the costs of legal advice or representation.
Are there differences between a service agreement and a works agreement?
Both govern working conditions collectively for the employees. In the case of a service agreement, however, the permissible subject matter and its effect derive from the relevant church regulations rather than from the Works Constitution Act.
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