Rules on staff representation
The staff representative committee is appointed in accordance with the provisions of this Act in order to safeguard and promote the professional, financial, social, cultural and health interests of the employees. It is required, in the performance of these duties, to ensure that the laws, ordinances, contracts, regulations, decrees and orders applicable to the benefit of staff are complied with and implemented. The staff representative committee must be consulted before any laws and ordinances affecting the interests of staff members are adopted. In accordance with the provisions of the Burgenland Provincial Employee Representatives Act, the bodies of the staff representative committee are:
- the general staff meeting (Dienststellenversammlung);
- the staff council (trusted persons) (Dienststellenausschuss);
- the provincial staff council (Landespersonalausschuss);
- the staff (provincial) election committee (Dienststellen- (Landes-) Wahlausschuss)
The Provincial Government must oversee the staff representative committee and decide, ex officio or at the request of the person claiming that his/her rights have been infringed, as to the legality of the conduct of the staff representative committee bodies.
The Provincial Government must annul any decisions made by the bodies of the staff representative committee which contravene the statutory provisions and furthermore determine in any event the lawfulness or unlawfulness of the conduct which is the subject matter of the proceedings.
The provisions of the General Administrative Procedure Act (AVG) apply to proceedings before the Provincial Government as the supervisory authority.
Burgenland Municipal Staff Representation Act (Burgenländisches Gemeinde-Personalvertretungsgesetz); Burgenland Provincial Staff Representation Act (Burgenländisches Landes-Personalvertretungsgesetz)
The members of the staff councils are appointed by direct secret ballot for a term of six years from the date of election. The election is carried out in accordance with the principles of proportional representation. Active and passive suffrage and details concerning the staff representative election process are defined in the relevant provisions of the corresponding staff representation legislation.
Active and passive suffrage and details concerning the staff representative election process are defined in the relevant provisions of the corresponding staff representation legislation.
Staff representatives are not bound by any instructions in the performance of their duties. They may not be restricted in the exercise of their duties or be disadvantaged for that reason. Staff representatives must, as far as is possible, perform their duties without compromising regular operations. The role of staff representative is an unpaid voluntary post which, unless otherwise provided for below, must be pursued in addition to professional duties; however, the additional burden of working as a staff representative must be taken into consideration. During the term of his/her office, a staff representative may only be transferred to another department or assigned to another department with his/her consent. The same applies to staff members who appear on a nomination, from the date of publication of the nomination until the day of the election. If it is intended to give notice to a staff representative who is in a temporary public-law employment relationship, or to give notice to or dismiss a staff representative who is in a private-law employment relationship, the agreement of the council of which he/she is a member must be obtained for this measure, unless the grounds for termination as defined in Section 32(2)(i) of the 1948 Act on Contract Staff, Federal Law Gazette (BGBl.) No 86 in the version applicable to the provincial civil servants, apply to the contract staff member. If the council does not agree to the notice of termination or dismissal within two weeks, the provincial staff council must be given the opportunity to comment before notice is given or dismissal is issued.
Staff representatives and members of election committees may not be held responsible under civil-service law for statements or acts without the agreement of the committee to which they belong. If the committee concludes that the statements and acts are not made in the exercise of the function, it must give its consent.
Staff representatives who have been given leave will be entitled to their previous or an equivalent post at the end of their leave.
Chair of the Burgenland provincial staff committee: Herr Wolfgang Toth
Tel.: 057 600-2313
Mobile: 0664/ 963 66 43
E-mail: wolfgang.toth(at)bgld.gv.atAuthentication or signature is not required.
Single point of contact for Burgenland: eap.bgld.gv.at/Start.aspx In the event of technical problems or questions about receiving attachments (completeness, legibility, etc.), please contact the office by telephone on (+43)(0)57 600.
Amt der Burgenländischen Landesregierung
Abteilung 1- Personal
Europaplatz 1
7000 Eisenstadt
Telephone: 057 600
E-mail: post.a1(at)bgld.gv.at21.02.2023 08:12
General information on data processing and your rights can be found on the website of the Province of Burgenland (https://www.burgenland.at/themen/datenschutz/), on the website of the municipality in question, or from the relevant data protection officer.
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