The Works Constitution Act does not apply to religious communities and the charitable and educational institutions associated with them. The assignment is § 118 Abs. 2 BetrVG presupposes an institutional connection between the church and the institution, due to which the church has a minimum amount of influence in order to be able to ensure that the religious activities of the institution comply with church ideas in the long term.
This for membership according to Art. 140 GG in conjunction with. Art. 137 Abs. 3 WRV, the extent of the church’s regulatory and administrative activity in the institution is subject to control by the state courts. According to a decision of the Seventh Senate of December 5, 2007 (7 ABR 72/06), the required minimum degree of influence of the Evangelical Church on the religious activities of the institution is not determined solely by the membership of the institution or its legal entity in the Diaconal Work of the Evangelical Church justified.
This is only the case if the Diakonisches Werk has the appropriate influence over the institution or its legal entity. In a decision-making process with the participation of the works council and the employer on the question of whether the hospital operated by the employer has a health insurance in accordance with Section 118 Para. 2 BetrVG is a charitable institution of a religious community that is excluded from the scope of the Works Constitution Act, the Diakonisches Werk is not entitled to appeal as a secondary intervener. The use of the provisions of the ZPO regarding ancillary intervention is permitted in the labor court decision-making process in accordance with Section 2a Paragraph. 1 No. 1 ArbGG through the procedural regulations in § 81, § 83 para. 1 Satz 2, Abs. 3 ArbGG excluded.