Humboldt-Universität zu Berlin - Faculty of Mathematics and Natural Sciences - Women* at the Department of Physics

(1) Each higher education institution shall enact statutes in which it shall establish regulations for its own area in order to realize the constitutionally required equality of women and men and equal opportunities for men and women in terms of personnel, material, financial and content, in particular in the following areas:

1. Compatibility of studies, career and family;
2. appointment procedures;
3. promotion of women's and gender studies;
4. the content and organization of training and further education for academic staff and employees in technology, services and administration;
5. Appointments to committees and commissions;
6. Protection against sexual harassment, sexualized discrimination and violence as well as stalking.

(2) The university's equality objectives and measures are set out in equality concepts. The concepts shall be updated at regular intervals.

(3) Universities shall work towards ensuring that women and men have equal development opportunities at the university in accordance with their qualifications and that structural and other disadvantages for women are actively eliminated. This includes, above all, analyzing the underrepresentation of women, identifying their causes and implementing measures to remove individual and structural barriers. To this end, the universities implement non-discriminatory procedures. Positive measures can be taken to reduce existing disadvantages insofar as they are permissible under constitutional law or simple legislation. The fulfillment of these obligations is the special task of employees with superior and management functions.

(6) The women's and equal opportunities officers and their deputies are not bound by professional instructions within the scope of their duties. They may not be hindered in the exercise of their office and may not be disadvantaged or favored because of their office; this also applies to their professional development. Dismissal or transfer is only permissible if this is unavoidable for important official reasons, also taking into account the work of the Women's and Equal Opportunities Officer, and if the Staff Council agrees. The effective fulfillment of her duties must be ensured by providing the necessary personnel and material resources in the university and Charité budgets. Funds are provided for a full-time position for the full-time Women's and Equal Opportunities Officer.

(7) The Women's and Equal Opportunities Officers and their deputies are obliged to maintain confidentiality regarding the personal circumstances of employees that have become known to them as a result of their office, and regarding matters that require confidential treatment due to their importance or content. This also applies beyond the term of office. This obligation does not apply to the Executive Board or the management of the respective area of responsibility and the staff representatives if the employees have given their consent.

(8) The Women's and Equal Opportunities Officers work towards achieving the constitutionally required equal opportunities for women at the university and towards eliminating existing disadvantages for female members of the university. The Women's and Equal Opportunities Officers advise and support the Executive Board and the other bodies and institutions of the university in all matters relating to equal opportunities, in particular in the preparation of equal opportunities concepts, statutes, guidelines for the advancement of women and plans for the advancement of women as well as the formulation of target figures. They accept suggestions and complaints. As part of their duties, they are responsible for information and public relations work.

(9) The bodies and institutions of the respective university shall submit annual reports to the Women's and Equal Opportunities Officer on the implementation of and compliance with the guidelines and plans for the advancement of women, statutes and equality concepts. The full-time Women's and Equal Opportunities Officer prepares a report at least every two years. The Academic Senate and the Board of Trustees comment on this report.

(10) The Women's and Equal Opportunities Officers are to be involved in all structural, organizational and personnel measures affecting women as well as in the corresponding submissions, reports and statements. In particular, they have the following rights:

1. Participation in job advertisements,
2. Participation in the selection procedure for vacancies,
3. Participation in job interviews,
4. Participation in appraisals,
5. Inspection of personnel files insofar as their content is referred to for the justification of decisions and the consent of the employees concerned has been obtained,
6. Inspection of application documents, including the documents of applicants who were not shortlisted.

They have the right to information, the right to speak and the right to submit motions at all meetings of the bodies in their respective areas. Insofar as decision-making rights are transferred from committees to other bodies within the framework of the innovation clause in accordance with § 7a, the right of participation also applies to these bodies.

(11) The women's and equal opportunities officers have the right to information in all matters related to their duties, including the right to inspect files and information from automated procedures or to inspect automated procedures. In addition to the rights mentioned in paragraph 10, the right to participation also includes early and comprehensive information by the university in all matters mentioned in paragraph 10. In urgent cases, participation shall take place at the same time as the Staff Council. The full-time Women's and Equal Opportunities Officer may represent a part-time Women's and Equal Opportunities Officer.

(12) If the Women's and Equal Opportunities Officer is not involved in accordance with paragraphs 10 and 11, the decision on a measure shall be suspended for two weeks and the involvement made up for. In urgent cases, the period shall be reduced to one week, in the case of extraordinary dismissals to three days.

(13) If the decision of a body or organ of the university on a measure in accordance with paragraph 10 has been taken against the opinion of the Women's and Equal Opportunities Officer, she may object within two weeks. The new decision may be made at the earliest one week after the objection has been lodged. If the committee or body upholds the decision despite the opinion of the Women's and Equal Opportunities Officer to the contrary, the Executive Board must be involved immediately. A decision in accordance with sentence 1 may only be implemented after the deadline has expired or the decision has been confirmed.

(1) All positions and functions must be advertised internally. In areas above grade A 9 or the corresponding collective agreement regulations, in which women are underrepresented, positions and functions must be advertised publicly.

(2) In order to specifically address women, vacancies may also be advertised in the daily press or in other suitable publication media.

(3) Board and management positions to be filled at institutions, corporations and foundations under public law shall be advertised publicly if women are underrepresented. The same applies in accordance with § 1a for such positions of legal entities under private law and partnerships in which the State of Berlin holds a majority interest.

(4) Public announcements for the positions referred to in paragraph 3 shall be made nationally in the daily and weekly press or in other suitable publication media such as specialist journals and on the Internet. It shall be made on the basis of a requirements profile on the professional and personal requirements for the positions to be filled.

(5) In job and function advertisements and public announcements, both the masculine and feminine language forms shall be used, unless a specific gender is an essential requirement for the job. If an institution within the meaning of § 1 or department is obliged under the Staff Representation Act to increase the proportion of women, this must be mentioned in the advertisement or announcement and it must be pointed out that applications from women are expressly encouraged.

(6) Reappointments of board members and management may be exempted from the obligation to advertise. Also excluded from the obligation to publish or advertise are outstanding artistic positions as well as areas of work in the management of the institutions in accordance with § 1 that are regularly tied to the current legislature or appointment and require a special personal relationship of trust, in particular personal advisors and press spokespersons.

(7) Tendering obligations and exceptions to these due to civil service regulations remain unaffected by the above provisions.

(1) In areas in which women are underrepresented, either all female applicants or at least as many women as men shall be invited to interview, provided they have the qualifications for the position or function specified in the advertisement and there are a sufficient number of applications from women.

(2) The same applies to the appointment of women to positions on the boards of directors and management of institutions, corporations and foundations under public law and legal entities under private law and partnerships in which the State of Berlin holds a majority interest.

(3) The consideration of women in the selection process in areas in which they are underrepresented shall be documented in a suitable form and brought to the attention of those involved in the recruitment process in good time before the selection decision is made.

(4) If third parties are commissioned with the recruitment process, it must be ensured that the provisions of this Act are observed.

(1) Sexual harassment is discrimination. It is part of the official duty of employees with superior and management functions to counteract sexual harassment of employees and to investigate cases of sexual harassment that have become known.

(2) Sexual harassment includes, in particular, unwanted physical contact, unwanted remarks, comments and jokes of a sexual nature, the display of pornographic images in the workplace and requests for sexual acts that have the purpose or effect of violating the dignity of the person concerned, especially if an environment of intimidation, hostility, humiliation, degradation or insults is created.

(3) Sexual harassment is a breach of official duty.

(4) The complaint of those affected must not lead to discrimination.

Since 2006, the AGG has contained a federal definition of sexual harassment in § 3 Section 4. This essentially corresponds to the definition in § 12 Section 2 LGG. The interpretation of whether an act is to be classified as sexual harassment is therefore governed by federal law. Regular training on the topic of sexual harassment in the workplace is recommended for employees with supervisory and management functions.

The Senate Department responsible for women's policy has drawn up a model service agreement on the prevention and handling of sexual harassment in the workplace.

The model service agreement contains information on the forms of sexual harassment in the workplace and the rights of affected employees, emphasizes the responsibility of managers and describes an exemplary procedure for dealing with reported cases of sexual harassment. It can be used as a model by other departments.

The women's representative is the point of contact for those affected in accordance with § 17 Section 7 LGG.

(1) A women's representative and a deputy shall be elected in every office within the meaning of the Staff Representation Act with the exception of the universities within the meaning of § 1 of the Berlin Higher Education Act in the version of February 13, 2003 (GVBl. p. 82), which was last amended by Article XII No. 29 of the Act of March 19, 2009 (GVBl. p. 70). In the universities, the women's representative pursuant to Section 59 of the Berlin Higher Education Act is also the women's representative. A secret, direct majority vote is held. The candidates with the highest number of votes are elected as women's representative and deputy. The deputy takes over the office of women's representative with all rights and obligations if the women's representative leaves office before the end of the election period. If the deputy women's representative leaves office prematurely, the deputy elected with the next highest number of votes succeeds her with all rights and obligations. If the office of women's representative and deputy women's representative cannot be filled in accordance with the provisions applicable to the election of women's representatives, the department shall appoint the office holders from among the female employees named in Section 16a (1) and (2) for the period until the next regular election on the recommendation of three adult eligible voters.

(2) If the women's representative is prevented from exercising her office due to absence or other reasons, she shall be represented by her deputy. In this case, the deputy shall have the same rights and obligations as the women's representative.

(3) The women's representative shall be released from her official duties to the extent necessary and provided with the personnel and material resources required to fulfill her tasks; taking into account the respective structure of the office, the release from work shall as a rule amount to

• in departments with more than 200 employees, at least half of the regular working hours,
• the full regular working hours in departments with more than 500 employees;

Section 59 (10) of the Berlin Higher Education Act applies to leave of absence in the higher education sector. The first half of sentence 1 applies accordingly to participation in training and educational events, insofar as these impart knowledge that is necessary for the performance of the office of women's representative. If the required amount of time off exceeds the agreed working hours, the deputy shall also be granted additional time off. Regardless of the number of employees, the deputy must be given at least one day off per month to ensure the necessary exchange of information with the women's representative.

(4) The women's representative may not be hindered in the exercise of her office and may not be disadvantaged or favored because of her office; this also applies to her professional development. She shall be protected against dismissal, transfer and secondment in the same way as a member of the Staff Council. Within the scope of her duties and the associated work, she shall be free from instructions.

(5) The women's representative and her deputy are obliged to maintain confidentiality about the personal circumstances of employees that have become known to them as a result of their office, as well as about matters that require confidential treatment due to their importance or content. This also applies beyond their term of office. With the consent of the employee, this obligation does not apply to the head of the department, the staff representatives and the women's representative.

(6) The member of the Senate responsible for women's policy coordinates and organizes the exchange of information and further training for women's representatives and women's representatives as a whole.

(1) All female employees of the department are entitled to vote. Deputies or employees assigned in accordance with Section 20 of the Civil Service Status Act, female civil servants in preparatory service and employees in relevant training are only entitled to vote at their home authority.

(2) All female employees who have reached the age of 18 on election day, have been employed in the public sector for one year and have been employed for three months in the service of the State of Berlin or a public corporation, institution or foundation under public law with direct state funding are eligible to vote. Employees who, as a result of a judge's ruling, are not eligible to stand for election, as well as

1. heads of institutions pursuant to § 1 or departments within the meaning of the Staff Representation Act and their permanent representatives,
2. employees who are authorized to make independent decisions in personnel matters that are not of minor importance,
3. employees who are in a public service institution solely for the purpose of inter-company or external training, and
4. the members of the election committee.

The third half of sentence 1 shall not apply

1. to trainee teachers and trainee teachers,
2. if the office has been in existence for less than three years,
3. if there are not at least five eligible employees.

(3) The regular elections shall take place every four years in accordance with the provisions of the Staff Representation Act. Elections shall be held outside this period if

1. the office of the women's representative expires prematurely and no deputy takes her place, or
2. the respective election has been successfully contested or
3. departments or significant parts of departments are merged to form a new department or there is no women's representative in a new department.

(4) In the cases referred to in paragraph 3 sentence 2 number 3, the previous women's representatives shall continue to manage the business jointly while retaining their leave of absence until the election result of the new election is announced and the newly elected women's representatives declare their acceptance, but for no longer than six months. The election committee shall be appointed jointly by the women's representatives. In the event of the creation of a new department within the meaning of paragraph 3, sentence 2, number 3, the women's representative of the department that is leaving shall continue to manage the business and appoint the election committee; sentence 1 shall apply accordingly. The new election of women's representatives shall be held at the same time as the staff council election.

(5) If an election for the women's representative has taken place outside the period set for the regular elections of women's representatives, the women's representative shall be re-elected in the next period of the regular elections of women's representatives following the election. If the term of office of the women's representative has not yet lasted one year at the beginning of the period specified for the regular elections of women's representatives, the women's representative shall be re-elected in the period after the next regular election of women's representatives.

(6) The term of office of the women's representative shall be four years in accordance with the provisions of the Staff Representation Act. It begins with the expiry of the term of office of the predecessor, but not before the announcement of the election result of the new election and the declaration of acceptance of the newly elected women's representative. The office expires prematurely if the women's representative resigns, leaves the employment or service relationship or loses her eligibility. At the request of a quarter of the eligible voters, the administrative court may decide to terminate the office of the women's representative due to gross violation of her duties.

(7) The election may be contested before the Administrative Court by at least three eligible voters if essential provisions on the right to vote, eligibility or the election procedure have been violated and no correction has been made, unless the violation could not have changed or influenced the election result. The election may only be contested within a period of two weeks from the day on which the election result is announced. The women's representative whose election is contested shall remain in office until a legally binding decision on the challenge has been made. If the invalidity of the election is established, new elections must be held immediately.

(8) The Senate is authorized to issue more detailed regulations by statutory order on the preparation and implementation of the election or appointment of the women's representative and the women's representative as a whole as well as their representatives, in which in particular the appointment of an election committee, the tasks of the election committee, the implementation of an election announcement and the possibility of postal voting are regulated.

(1) The women's representative shall be involved in all social, organizational and personnel measures, as well as in all submissions, reports and statements on issues relating to the advancement of women.

(2) In particular, she has the following rights:

• Participation in job advertisements,
• Participation in the selection procedure,
• participation in job interviews,
• Participation in appraisals,
• Inspection of personnel files, if and insofar as reference is made to their content to justify decisions or the consent of the employees concerned has been obtained,
• Inspection of application documents, including the documents of applicants who were not shortlisted.

The women's representative has a right to information on all matters relating to her duties, including the right to inspect the relevant files. In addition to the rights mentioned in sentence 1, the right to participation includes the early and comprehensive information of the women's representative by the department in all matters mentioned in paragraph 1 as well as the granting of an opportunity for the women's representative to comment before decisions are made. The women's representative shall be involved before the staff council, in urgent cases at the same time.

(3) If the women's representative is not involved or is not involved in good time, the decision on a measure shall be suspended for two weeks and the involvement made up for. In urgent cases, the period shall be shortened to one week, in the case of extraordinary dismissals to three working days.

(4) When filling executive board and management positions at institutions, corporations and foundations under public law, the competent women's representative shall check whether the requirements of this Act are met with regard to - the requirement as well as the type and content of the public announcement (Section 5 (3), § the number of female applicants to be invited to an interview (Section 6 (2) in conjunction with Section 6 (1)), - the documentation of the procedure (Section 6 (3)) and - the involvement of third parties in the recruitment procedure (Section 6 (4)). To this end, all relevant, anonymized information must be made available to it in a suitable form in good time. She shall submit the result of her examination to the responsible body within one week prior to the appointment decision.

(5) The women's representative can set up consultation hours during working hours. She shall determine the time and place in agreement with the head of the department. She shall hold an annual meeting of female employees (women's meeting). On this occasion, she shall submit a report on her activities. The provisions of the Staff Representation Act on staff meetings shall apply accordingly to the women's meeting.

(6) Notwithstanding the rights to participation, the women's representative shall be informed by the head of the department at an early stage in all matters relating to her duties. If this is not done, paragraph 3 shall apply accordingly.

(7) The women's representative shall receive complaints about sexual harassment, advise those affected and, with the consent of those affected, forward reports of sexual harassment to the head of department.

(8) The provisions of Section 92a (1) of the Personnel Representation Act in the version of July 14, 1994 (GVBl. p. 337, 1995 p. 24), which was last amended by Article III of the Act of January 25, 2010 (GVBl. p. 22), on the handling of classified information of the Office for the Protection of the Constitution shall apply accordingly to the women's representative of the Office for the Protection of the Constitution at the Senate Department responsible for the Interior.

The involvement of the women's representative must be completed before the involvement of the staff council. This is the right of the staff council not to have to make a decision in the co-determination procedure without knowing the opinion of the women's representative. It is based on the case law of the Federal Administrative Court on staff representation law (decision of 20.03.1996 - 6 P 7/94). This ensures that the opinion of the women's representative and any concerns contained therein can be taken into account in the decision of the staff council. In urgent cases, i.e. in matters that cannot be postponed, for example to comply with time limits, the women's representative and the staff council are involved at the same time. The women's representative does not need to be involved before the staff council is informed of matters which do not formally require the involvement of the staff council and which are only brought to the council's attention in the context of trusting cooperation. Parallel involvement of the women's representative and disclosure to the Staff Council is sufficient in this case.

1. before the start of the service/employment relationship
   • Job advertisement
   • Carrying out a selection procedure
   • Conducting job interviews
   • Recruitment
   • Determination of the experience level
2. during the service/employment relationship
   1. Remuneration
      • Granting and discontinuation of allowances
      • Reclaiming overpaid remuneration
   2. Transfer to another activity
      • Implementation or rejection of a transfer
      • Execution or rejection of a secondment
      • Execution or rejection of a transfer
      • Execution or rejection of a transfer to a higher-ranking activity
      • Execution or rejection of a transfer to a lower-grade activity
   3. Corrective measures
      • Written warning (if this is to become part of the personnel file)
      • Warning letter
      • Initiation of and decisions within the framework of disciplinary proceedings
   4. Working hours and workplace organization
      • Change in working hours (increase or reduction)
      • Establishment of teleworking positions
      • Change of place of work (e.g. due to an order for mobile teleworking)
      • Distribution of workspaces
      • Design/equipment of the workstations
      • Break arrangements
3. other matters
   • Decision on promotion
   • Performance appraisal / reference
   • Continued employment under different working conditions
   • Granting / refusal of special leave
   • Determination of vacation periods
   • Substitution plans
   • Introduction of new working methods
   • Further training and qualification measures
   • Restriction or (partial) prohibition or prohibition of reported secondary employment
   • Selection for promotion procedure
   • Organizational changes / restructuring
   • Service agreements
   • Business allocation plans
   • Administrative regulations containing organizational measures
   • General instructions for specific areas of work
   • Ordering examinations/assessments/observations by a doctor appointed by the official authority, a doctor designated by the official authority or Assessment by a psychological psychotherapist designated by this authority
4. termination of the service/employment relationship
   • Notice of termination
   • Conclusion of a termination agreement
   • Early retirement / early termination of employment
   • Early termination of the employment relationship