A joint operation in the sense of of Section 1 Para. 1 Sentence 2 BetrVG presupposes the cross-employer deployment of the employees of the companies involved to fulfill one or more common work-related operational purposes.
According to a decision of the Seventh Senate of April 16, 2008 ( 7 ABR 4/07 ), in the case of entrepreneurial cooperation between two companies that is limited to the provision of personnel, no joint operation is created if the company providing the personnel does not participate in achieving the operational purpose of the other company. Unless there is evidence to the contrary, the cooperation between the employers involved in a joint operation usually takes place in the form of a BGB company.
However, the agreement on the joint management of a unitary operation required for the acceptance of a joint operation can also be fulfilled with other legal forms of cooperation. The provisions of the Hessian municipal code on the economic activities of municipalities do not prevent an agreement on the management of a joint business formed by a legal entity under private law and a municipality. The ineffectiveness consequence provided for in Section 134 HGO does not apply in the event of an improperly reported formation or first-time participation in a company.