(1) Where operational changes are envisaged and if the insolvency administrator and the works council cannot reach an agreement pursuant to section 112 of the Works Constitution Act on the reconciliation of interests within three weeks from the beginning of negotiations or written request to begin negotiations although the administrator has provided comprehensive information in good time to the works council, then the administrator may request a decision from the labour court approving such operational changes without prior proceedings under section 112 (2) of the Works Constitution Act. Section 113 (3) of the Works Constitution Act does not apply in this respect. The administrator’s right to bring about a reconciliation of interests pursuant to section 125 or to file a request for a court decision pursuant to section 126 remains unaffected.
(2) The court approves such operational changes if the enterprise’s economic situation, also taking into account the employees’ social concerns, warrants the execution of such operational changes without previous proceedings in accordance with section 112 (2) of the Works Constitution Act. The provisions of the Labour Courts Act (Arbeitsgerichtsgesetz) concerning decisions by order apply accordingly; the parties to the proceedings are the insolvency administrator and the works council. In accordance with section 61a (3) to (6) of the Labour Courts Act, the request is to be dealt with as a matter of priority.
(3) No appeal against the court order is available with the regional labour court. An appeal may be filed with the Federal Labour Court if this is permitted in the order issued by the labour court; section 72 (2) and (3) of the Labour Courts Act applies accordingly. The appeal is to be filed with the Federal Labour Court with grounds within one month following receipt of the labour court’s decision in its final form.