82. Federal Law, with which the Labour Constitution Act, the Federal Law on the Post-Business Constitution and the Labour and Social Courts Act are amended

The National Council has decided:

Article I

Amendment of the Labour Constitution Act

The Labour Constitution Act, BGBl. N ° 22/1974, as last amended by the Federal Act BGBl. I n ° 138/2003, shall be amended as follows:

1. In accordance with § 40 (4b), the following paragraph 4c is inserted:

" (4c) In undertakings within the meaning of the VI. Part shall be in accordance with VI. To set up a special negotiating body as well as to set up an SE Works Council or to create a different procedure for the involvement of employees. "

Section 110 (6) reads as follows:

" (6) The posting of employee representatives to the Supervisory Board of a limited liability company (limited liability company, cooperative), which

1.		public limited liability companies (including European companies),
2.		Supervisory-accountable companies with limited liability,
3.		Companies with limited liability within the meaning of section 29 (2) (1) of the GmbHG,
4.		Cooperatives responsible for prudential supervision
The Central Works Council (Works Council) of the ruling enterprise and the totality of the members of all members of the ruling company shall be responsible for the uniform management (Section 15 (1) of the German Stock Corporation Act 1965) or under the direct participation of more than 50% of the total number of members. works councils ordered (Z 1 to 4), provided that the dominant undertaking employs at most half as many employees as all the dominant undertakings together. The Central Works Council (Works Council) of the dominant undertaking shall send as many employee representatives as the ratio of the number of employees employed in the dominant undertaking to the number of persons employed in the dominant undertaking. workers, but at least one employee representative. This right of the Central Works Council (works council) of the dominant undertaking, irrespective of the ratio of the number of employees employed in the dominant undertaking to the number of workers employed in the dominant undertakings If the activity of the dominant undertaking is limited to the management of the shares of the dominant undertakings, it is no longer necessary to send a worker representative. The remaining employee representatives on the Supervisory Board are from the totality of the works councils appointed in the controlled companies (Z 1 to 4) from the circle of members of the works council, to which the active right to vote is entitled to the works council, according to the The provisions of Section 51 (3), 54 (2), 56 (1), 57, 59, 60, 62 (2) to 5, 64 (1), (1) to (3) and (4), 65 (1), first sentence, and (2), (78) (4), 81 (1), second sentence, are to be chosen in secret. sentence, subsection (2) and (4) and 82 (1), first sentence, mutatily. This paragraph does not apply to banks (§ 1 Banking Act, BGBl. No 63/1979, as amended) and insurance undertakings. '

3. In Section 113 (2) (7), the point shall be replaced by a line-point and the following Z 8 and 9 shall be added:

" 8.		Secondment of employee representatives to the special negotiating body (§ § 217, 218), to the SE works council (§ 234) and to the supervisory board or the administrative board of the European Company (§ 247);
9.		Participation in the teaching and consultation procedures in accordance with the agreements concluded in accordance with § § 230 or 231. "

4. In Section 113 (4) (6) (6), the point shall be replaced by a line-point and the following Z 7 and 8 shall be added:

" 7.		Secondment of employee representatives to the special negotiating body (§ § 217, 218), to the SE works council (§ 234) and to the supervisory board or the administrative board of the European Company (§ 247);
8.		Participation in the teaching and consultation procedures in accordance with the agreements concluded in accordance with § § 230 or 231. "

5. In § 113 (5) (6), the point shall be replaced by a line-point and the following Z 7 and 8 shall be added:

" 7.		Secondment of employee representatives to the special negotiating body (§ § 217, 218), to the SE works council (§ 234) and to the supervisory board or the administrative board of the European Company (§ 247);
8.		Participation in the teaching and consultation procedures in accordance with the agreements concluded in accordance with § § 230 or 231. "

6. According to § 207, the following VI. Part inserted:

" VI. Part

Participation of workers in the European Company

1. Main item

General provisions

Scope

§ 208. The provisions of the VI Part applies to companies that are under the II. , and in accordance with the procedure laid down in Regulation (EC) No 2157/2001 of 8 June 2001, The Court of Justice of the European Communities (SE), which was established in October 2001 on the Statute of the European Company (SE), will have or will have its registered office in the country.

§ 209. For the obligation of the participating companies within the country to cooperate with the institutions of the employees in accordance with § 214 Z 1, the obligation to disclose the information in accordance with Section 215 (3), the determination of the number of persons employed in the domestic Employees (§ 215 para. 4), the posting of Austrian members to the special negotiating body (§ § 217, 218), to the SE works council (§ 234) and to the supervisory board or the administrative board of the European Company (§ 247), the termination their membership to the special negotiating body (§ 223 para. 2), to the SE works council (§ 237 (5) and the Board of Directors of the European Company (Section 247 (4)) as well as the obligation of confidentiality applicable to them (§ 250) and the protective provisions applicable to them (§ 251) shall apply to the provisions of the VI. Part even if the registered office of the European Company is not domestic or will be located.

Definitions

§ 210. (1) Under participating companies within the meaning of the VI. Part shall be understood as the undertakings directly involved in the creation of a European Company. These are in the case of

1.		the merger of the undertakings to be merged;
2.		Establishment of a holding company the companies in which they are based;
3.		Establishment of a subsidiary of the companies in which they are based;
4.		Conversion of the enterprises to be converted.

(2) A subsidiary within the meaning of the VI. Part is to be understood as a company to which another company exerts a dominant influence within the meaning of Section 176.

(3) A subsidiary of the affected subsidiary is to be understood as a subsidiary of a participating company, which is to become a subsidiary of a European company.

(4) The operation of the company concerned is to be understood as an operation of a participating company which is to become operational in the establishment of a European Company.

Members of the workers ' body

§ 211. In the companies which fulfil the requirements of § 208, the provisions of the VI shall apply. To set up a special negotiating body and to set up an SE Works Council or to create a different procedure for the involvement of employees.

Participation of workers

§ 212. (1) The right of employees to participate in the European Company includes all procedures through which employees ' representatives can influence the decision-making process in the European Company. In particular, the right of workers to participate shall include the right to be informed, the right to be heard and, in accordance with the provisions of the VI. Part, the right to co-determination.

(2) In the sense of the VI. Part shall be informed by the competent body of the European Company of the institution representing the employees or representatives of the employees of all matters which the institution itself or one of its subsidiaries or one of their establishments in another Member State, or which goes beyond the powers of the decision-making bodies at the level of the individual Member State. The date, form and content of the information shall enable workers ' representatives to carry out an in-depth examination of the possible effects and, where appropriate, the preparation of hearings with the competent body of the European Company.

(3) Hearing in the sense of the VI. A part shall be taken to mean the exchange of views and the establishment of a dialogue between the institution representing the employees or the representatives of the employees and the competent body of the European Company. The date, form and content of the hearing must enable the employee representatives, on the basis of the information provided, to give an opinion on the measures envisaged by the competent body within the framework of the decision-making process within the framework of the decision-making process of the European Company.

(4) Co-determination in the sense of the VI. A part shall be understood to mean the influence of the institution representing the employees or of the employees ' representatives on all matters of the European Company by the exercise of the right to understand a part of the members of the supervisory or of the The Administrative Board of the European Company shall be elected or ordered, or a part or all members of the Board of Directors of the European Company shall be recommended or rejected.

Duties of management and management bodies

§ 213. The relevant management or administrative bodies of the participating companies shall be:

1.		the setting up of a special negotiating body, and
2.		for the establishment of an SE works council or the establishment of a procedure for informing and consulting employees
to create the necessary conditions and to provide the necessary resources.

Principles of cooperation

§ 214. The institutions of the workers ' union (§ 211) and the relevant management and administrative bodies

1.		of the participating companies or
2.		of the European Company
have to cooperate with the will to communicate in accordance with their respective rights and mutual obligations.

2. Main piece

Special negotiating body

Invitation to erect

§ 215. The special negotiating body shall, on the basis of a written request by the competent management or administrative bodies of the participating companies, be addressed to the representatives of the employees or to the employees, in accordance with the conditions laid down in each case. the law applicable in these companies and in the subsidiaries and establishments concerned.

(2) The request referred to in paragraph 1 shall have immediately after the disclosure of the merger plan or the founding plan for a holding company or after the agreement of a plan to establish a subsidiary or to convert it into a European company.

(3) The request referred to in paragraph 1 shall be provided with information on:

1.		the planned establishment of the European Company and the course of the proceedings pending their registration;
2.		the identity and structure of the participating companies, including their subsidiaries and establishments, the subsidiaries concerned and the establishments concerned, each including their distribution to the Member States;
3.		the number of employees employed in each of these companies and establishments and the total number of employees employed in the participating companies, subsidiaries and undertakings concerned;
4.		the identity of the bodies set up for the representation of workers in these companies and undertakings and the number of employees represented by those bodies;
5.		the identity of the participating companies in which a system of participation exists, and the number of employees covered by a system of participation; if not all employees of a participating company are the system of co-determination, including the ratio of employees covered by a system of participation to the total number of employees,
6.		the date of the constitutive meeting of the special negotiating body.

(4) The date of the request referred to in paragraph 1 shall apply to the identification of the number of employed workers.

(5) The competent voluntary professional association of employees must be informed of the request made in accordance with paragraph 1 by the worker's body responsible for the posting.

Composition

§ 216. (1) For each share of workers employed in a Member State, which represents 10% of the total number of employees of the participating companies, subsidiaries and establishments concerned in all Member States, or is a fraction of that, a Member from that Member State shall be sent to the special negotiating body.

(2) In the event of a European Company established by a merger, so many additional additional members shall be sent from each Member State to the special negotiating body, as is necessary in order to ensure that each the participating company, which employs workers in the Member State concerned and which, as a consequence of the registration of the European Company, is to be erasable as its own legal entity, by at least one of the negotiating bodies Member is represented.

(3) To the extent that the application of paragraph 1 in conjunction with the law applicable in each case ensures the representation of those participating companies in the special negotiating body by members, the employees of the participating companies concerned shall be guaranteed: Companies are or have been chosen exclusively by the employees of these participating companies or have otherwise been determined, no further additional members shall be sent in accordance with paragraph 2.

(4) The number of these additional members shall not exceed 20% of the number of members resulting from para. 1. If the number of these participating companies exceeds the number of additional members to be sent, these additional members shall be employed by the participating companies in different Member States on the basis of the number of persons employed in the Workers in descending order.

(5) During the period of activity of the special negotiating body, such changes in the structure or number of employees of the participating companies, the subsidiaries concerned and the establishments concerned shall be such as to ensure that the If the composition of the special negotiating body in accordance with paragraphs 1 to 4 is to be amended, the special negotiating body shall be reassembled accordingly. Information on such changes shall immediately be communicated by the competent management and administrative bodies of the participating companies to the special negotiating body and to the representatives of the employees or employees, in accordance with the provisions of the the applicable law applicable in each of the participating companies and in the subsidiaries and establishments concerned, which have not previously been represented in the special negotiating body.

Posting of Members

§ 217. (1) The Austrian members to be sent to the special negotiating body shall be appointed from the circle of members of the works council by decision of the institution of the workers ' union entitled to be sent in accordance with § 218. In place of a member of the works council, it is also possible to appoint a functionary or employee of the responsible voluntary professional association of employees.

(2) In the event that a number of Austrian members are to be sent to the special negotiating body, the institution entitled to be sent in accordance with § 218 shall also have to take a decision on how many of the members of the negotiating body are to be sent to the negotiating body. Employees are represented by a member who is a member of the employee. It should be borne in mind that all employees employed in Austria are represented by such a member.

(3) In the case of posting, the number of seats allocated to the Austrian employees ' representatives should be taken into consideration in order to ensure that each participating company is represented by at least one member in the special negotiating body is represented.

(4) In order to take decisions, the presence of at least half of the members is required. The decisions will be taken with the votes of those members representing more than half of the employees employed in the group, in the companies and in the enterprises. In the determination of the number of employees employed in the group, in the enterprises and in the enterprises, the number of employees concerned is the request for the setting up of the special negotiating body in accordance with Articles 215 (3) and (4) and 216 (5). to include information to be included.

(5) An appropriate representation of the groups of workers and employees, as well as of workers, should be taken into consideration.

§ 218. (1) In establishments, the posting shall be carried out by decision of the operating committee. If there is no operating committee, this task shall be carried out by the works council. Where there are several operating committees (works councils) which do not belong to the same undertaking, the chairman of the works committee (works council) shall be the largest domestic establishment in accordance with the number of employees entitled to vote To convene a meeting of the operating committees (works councils) appointed in the holdings, which shall be responsible for the decision to be taken on the posting.

(2) In undertakings, the members to be sent to the special negotiating body shall be designated by decision of the Central Works Council. If a central works council is not established in a company, paragraph 1 shall apply mutatily. Where there are several central works councils, the Chairman of the Central Works Council shall be the largest domestic undertaking following the number of eligible employees, a meeting of the members of the undertakings in the undertaking To convene Central Works Councils, which shall be responsible for decision-making on posting. If, in addition to one or more central works councils, there is still at least one operating committee (works council) represented in no central works council, the chairmen of the works council and their deputies are to be invited to this meeting; they shall apply insofar as the members of the Central Works Council.

(3) In groups of undertakings, the members to be sent to the special negotiating body shall be appointed by decision of the group representation. If a group representation is not established, paragraph 2 shall apply. If no central works council is established, paragraph 1 shall apply. If, in addition to the group representation, there is still a central works council (operating committee, works council) not represented by it, the central works council (works council) shall be invited to the meeting and their deputies shall be invited to this meeting; these shall apply to the extent that: as members of the Group representation.

(4) The notification of the designated members of the special negotiating body to the competent management or administrative organ of the participating companies shall be made without delay.

Constitution

§ 219. (1) The competent management or administrative organ of the participating companies shall be invited immediately after the notification of the designated members of the special negotiating body to its constituent meeting.

(2) The members of the special negotiating body shall elect from their centre a chairman and one or more alternates. The special negotiating body shall adopt its rules of procedure.

(3) The special negotiating body shall inform the competent management or administrative organ of the participating companies without delay of the end of the constituent meeting and of the outcome of the election.

(4) The competent management or administrative organ of the participating companies shall, without delay, convene a meeting with the special negotiating body in order to conclude an agreement in accordance with § 225.

Sessions

§ 220. (1) The special negotiating body shall have the right to meet before each meeting with the competent management or administrative organ of the participating companies for a preparatory meeting.

(2) The special negotiating body may, in the course of negotiations with the competent management or administrative organ of the participating companies, be supported by experts of its choice. These experts may, at the request of the special negotiating body, be consulted in the negotiations in an advisory capacity.

Decision-making

Section 221. (1) The decisions shall be taken by a simple majority of the votes, insofar as stricter requirements are not laid down in this Federal Act, provided that this majority also represents the simple majority of employees.

2. The special negotiating body may conclude an agreement with at least two-thirds of its votes representing at least two-thirds of the employees in at least two Member States, with a reduction in the number of votes cast. the right of employees to participate in the exercise of their participation. However, such a majority is only necessary if the participation in the case of a European company, which is

1.		shall cover at least 25% of the total number of employees of the participating companies;
2.		shall extend to at least 50% of the total number of employees of the participating companies, as a holding company or a subsidiary.

(3) In the case of a European company which is to be constituted by conversion, a decision pursuant to paragraph 2 may not be taken.

(4) In any event, a reduction in the rights of co-determination within the meaning of paragraph 2 is to reduce the proportion of the members of the Supervisory Board or Board of Directors of the European Company designated in accordance with Article 212 (4) of the procedure. to the highest proportion of employees in the participating companies in a supervisory or administrative organ.

Duration of activity

§ 222. (1) The period of activity of the special negotiating body shall begin with the date of the constitution.

(2) The period of activity of the special negotiating body shall end,

1.		if the special negotiating body takes a decision in accordance with section 227 (1);
2.		if the court declares the establishment (§ 215 para. 1) invalid; the action shall be submitted no later than one month after the constitution of the special negotiating body;
3.		with the conclusion of an agreement in accordance with § § 230 or 231, unless otherwise specified in the agreement;
4.		in the case of section 232 (1) (1);
5.		if no agreement has been reached in accordance with § § 230 or 231 within the period of the relevant period according to § 226.

Start and Ererase of Membership

Section 223. (1) The membership of the special negotiating body shall begin with the announcement of the decision of the decision (§ 218 (4)).

(2) Membership of the special negotiating body shall end if:

1.		the period of activity of the special negotiating body shall end;
2.		resign from the Member State;
3.		the institution of the workers ' body which has sent the member to the special negotiating body shall convene it, which shall be dismissed in any case if its membership of the works council or the works council or the his activity shall end with the competent voluntary professional association of workers;
4.		the operation or the undertaking to which the Member belongs, from the company involved in the creation of the European Company, or group or from the subsidiary concerned;
5.		the court declares the decision to be sent (section 217 (1)) to be invalid; the action shall be submitted no later than one month after the constitution of the special negotiating body has been made.

(3) In the cases referred to in Section 2 (2) (2) to (5), new members shall be sent to the special negotiating body in accordance with § § 217 and 218.

Cost entrap

Section 224. (1) In order to ensure the proper performance of its tasks, the special negotiating body shall be subject to substantive requirements in a quantity appropriate to the size of the European Company and to the needs of the special negotiating body, to the extent appropriate to the competent negotiating body to make available free of charge to the management or administrative bodies of the participating companies.

(2) The administrative expenditure of the special negotiating body required for the proper performance of the tasks, in particular the expenses incurred for the organisation of meetings and preparatory meetings, including the The cost of interpretation and the costs of an expert, as well as the costs of stay and travel for the members of the special negotiating body, shall be borne by the participating companies.

Tasks of the special negotiating body

Section 225. The special negotiating body shall have the task of establishing, in a written agreement with the competent institution of the participating companies, the participation of employees in the European Company.

(2) To this end, the competent organ of the participating companies shall have the special negotiating body, immediately after its constitution, on the operation of the creation of a European company and the planned procedure up to the date of its Registration to be notified.

Duration of negotiations

§ 226. (1) The negotiations for the conclusion of an agreement in accordance with § § 230 or 231 shall be concluded within six months from the constitution of the special negotiating body.

(2) The special negotiating body and the competent organ of the participating companies may decide by common accord to conclude an agreement in accordance with § § 230 or 231 up to the period of one year from the date of the negotiations referred to in paragraph 1. shall be continued.

Decision on the termination of negotiations

Section 227. The special negotiating body may decide, by at least two-thirds of its votes, representing at least two-thirds of the employees in at least two Member States, not to negotiate on the conclusion of an agreement in the sense of Article 226, para. 1, or cancel the negotiations which have already been opened.

(2) In the case of a European Company which is to be constituted by conversion, the special negotiating body may not take a decision within the meaning of paragraph 1 if provisions relating to participation in the company to be implemented in the company are to be adopted exist.

(3) The special negotiating body shall, at the written request of at least 10% of the employees of the European Company, its subsidiaries and establishments or their representatives at the earliest two years after the decision referred to in paragraph 1. , unless the special negotiating body and the competent body of the European Company set a shorter period of time. For the negotiations, the European Company or the competent institution of which all the obligations of the companies involved in the negotiations relating to the creation of a European company, or whose competent bodies are responsible.

(4) In the event of a decision pursuant to paragraph 1, or if no agreement has been reached within the period provided for in the negotiations initiated pursuant to paragraph 3 (§ 226), the provisions of the third paragraph shall apply. Main piece not an application.

Structural changes

§ 228. (1) The special negotiating body shall be:

1.		on the basis of a written request from the competent body of the European Company, or
2.		At the written request of at least 10% of the employees of the European Company, its subsidiaries and establishments or their representatives, or
3.		on the written request of the SE Works Council (§ 243 (1) (2))
, in so far as there are substantial changes to the structure of the European Company relating to the interests of employees in respect of their rights of participation.

(2) The transfer of the registered office of the European Company, the change of the management system of the European Company, the decommissioning, restriction or limitation shall be considered to be significant changes to the structure of the European Company. the transfer by the European Company of undertakings or undertakings of the European Company, the concentration of undertakings or undertakings of the European Company and the acquisition of significant holdings in other undertakings; provided that this significant influence on the overall structure of the European company, as well as significant changes in the number of persons employed in the European Company and its subsidiaries.

(3) For the negotiations to conclude an agreement in accordance with § § 230 or 231, the special negotiating body or To reassemble the SE works council in accordance with the changes in the structure or the number of employees of the European Company, its subsidiaries and establishments (§ § 216 (5), 233 (2)). For the negotiations, the European Company or the competent institution of which all the obligations of the companies involved in the negotiations relating to the creation of a European company, or whose competent bodies are responsible.

(4) If an agreement in force, in accordance with § § 230 or 231, contains a regulation on the conditions and the procedure for its renegrown, this shall be carried out in accordance with the requirements of the provisions of paragraphs 1 to 3.

(5) If no agreement has been reached within the period provided for in the negotiations (§ 226), the provisions of the third paragraph shall apply. Main item, subject to the proviso that the extent of employee participation rights is determined on the basis of the structure of the European Company, its subsidiaries and establishments at the time of the failure of the negotiations.

Procedural abuse

§ 229. (1) A European Company may not be misused to withdraw or withhold employees ' rights of participation. Abuse is likely to occur in particular when changes are made to the structure of the European Company, which are likely to deprivate or withhold employees ' rights to participate. In the event of such a change, renegotiation shall be carried out in accordance with the provisions of Section 228.

(2) As amendments to the meaning of paragraph 1, all changes to the structure of the European Company within the meaning of Section 228 shall apply until proof of the contrary, provided that these changes take place within one year of their registration.

Agreement on the participation of workers in the European Company

§ 230. (1) Where the special negotiating body and the competent organ of the participating companies conclude an agreement on the participation of employees in the European Company, they shall, in any event, have

1.		the European Company, its subsidiaries and establishments covered by the Agreement;
2.		the composition of the SE works council, the number of members, the distribution of seats and the term of office, including the effects of significant changes in the structure of the European Company and significant changes in the number of members the employees of the European Company and its subsidiaries (Section 228 (2));
3.		the powers and the procedure for informing and consulting the SE's works council;
4.		the frequency of sittings of the SE operating rate;
5.		the financial and material resources to be made available to the SE Works Council;
6.		the date of entry into force of the agreement and its duration, the cases in which this agreement should be reneged, and the procedure to be followed in its renegrown
.

(2) If the parties decide to introduce a co-determination procedure, they shall in any case have

1.		the number of members of the supervisory or administrative board who may elect or order workers or who may recommend or refuse to appoint them;
2.		the procedure according to which the employees may elect or appoint or recommend the appointment of these members, and
3.		the rights of those Members
.

(3) In the case of a European company which is to be constituted by transformation, the agreement must guarantee workers ' rights to information, consultation and participation, at least to the extent to which they are incorporated in the agreement. to a society to be transformed.

Agreement on a procedure for informing and consulting employees

§ 231. (1) Where the special negotiating body and the competent institution of the participating companies agree to the establishment of one or more procedures for informing and consulting employees, they shall, in any event, have

1.		the European Company, its subsidiaries and establishments covered by the Agreement;
2.		the impact of major changes in the structure of the European Company and of significant changes in the number of employees in the European Company and its subsidiaries (Section 228 (2));
3.		the powers and procedures for informing and consulting employees ' representatives;
4.		the conditions under which workers ' representatives have the right to meet for an exchange of views on the information submitted to them;
5.		the financial and material resources to be made available to workers ' representatives;
6.		the date of entry into force of the agreement and its duration, the cases in which this agreement should be reneged, and the procedure to be followed in its renegrown
.

(2) The Agreement shall also lay down the obligation of the competent institution of the European Company to inform the workers ' representatives, in particular, of any matter which the European Company itself or its members of the European Company shall be responsible for: Subsidiaries and establishments in another Member State, or which go beyond the powers of the decision-making bodies at the level of the individual Member State.

(3) § 230 (3) shall apply.

3. Main piece

Participation of workers in the European Company by law

Section 1

SE-Works Council by law

Erection

§ 232. (1) If

1.		the competent bodies of the participating companies and the special negotiating body, or
2.		no agreement has been reached in accordance with § § 230 or 231 within the period determined in accordance with § 226 for the negotiations, and the special negotiating body has not taken a decision pursuant to section 227 (1),
An SE Works Council shall be established in accordance with the provisions of this Headpiece.

(2) Unless otherwise specified in the agreements in accordance with § § 230 or 231, the provisions of this item do not apply to these agreements.

Composition

§ 233. (1) For each share of workers employed in a Member State, which accounts for 10% of the total number of employees of the European Company, its subsidiaries and establishments employed in all the Member States, or a fraction thereof , a member from that Member State shall be sent to the SE Works Council. Section 215 (3) to (5) shall apply.

(2) In the course of the activity of the SE's works council, such changes in the structure or number of employees of the European Company, its subsidiaries and establishments shall be such that the composition of the SE Works Council in accordance with paragraph 1 of this Article shall apply. , the SE works council should be reassembled accordingly. § 216 (5) shall apply.

Posting

Section 234. (1) The posting of the Austrian members of the SE works council is carried out in accordance with § § 217 and 218; however, with the proviso that the posting of representatives of the competent voluntary professional association is only permissible, provided that these Members of the Works Council pursuant to Section 53 (4) are.

(2) § 218 (4) is to be applied with the proviso that the announcement of the nominated members of the SE works council must be made to the competent organ of the European Company.

Constitution, management, rules of procedure, meetings, decision-making

Section 235. (1) The Management Board or the Management Board of the European Company must be invited to its constituent meeting without delay after the announcement of the named members of the SE Works Council. If the Board of Directors or the Board of Directors of the European Company does not comply with this obligation, any member of the SE Works Council may make the invitation. The members of the SE Works Council shall elect a chairman and one or more alternates from among their members. The Chairman shall immediately inform the Management Board or the Administrative Board of the European Company of the end of the constituent sitting and of the outcome of this election.

(2) Representative of the SE Works Council to the European Company and to the outside is provided, subject to the provisions of the Rules of Procedure (par. 3) nothing else is determined, the chairman, upon his prevention of the deputy. The SE Works Council may, in individual cases, also appoint other members of its members to represent them to the outside world.

(3) The SE works council shall adopt its rules of procedure by a majority of the votes of its members. This may, in particular, regulate:

1.		the establishment, composition and management of the tighter committee in accordance with § 236;
2.		the name of the matters in which the committee has the right to take a decision on a self-employed basis;
3.		the definition of the nature and scope of the representative power of the chairman of the narrower committee.

(4) The SE Works Council shall have the right to meet before each meeting with the Board of Directors or the Administrative Board of the European Company (§ 240) for a preparatory meeting. The SE Works Council may be supported by experts of its choice. The SE Works Council shall have a quorum if at least half of its members are present. Decisions shall be taken by a simple majority of the votes cast.

Closer Committee

§ 236. In so far as it justifies the number of its members, the SE Works Council shall elect from its centre a narrow committee which may consist of a chairman and at most two other members. The closer committee shall carry out the ongoing operations of the SE's works council; for it, Section 235 (4) shall apply, with the proviso that the closer committee shall have the right, in the cases referred to in Article 241 (2), to the composition as defined therein to the before the preparatory meeting.

Duration of activity, duration of membership

§ 237. (1) The duration of the activities of the SE's works council is four years. It shall begin with the date of the constitution or with the expiry of the period of activity of the former SE works council, if the constitution was carried out before that date.

(2) Before the expiry of the period referred to in paragraph 1, the period of operation of the SE's works council shall cease if:

1.		the deletion of the European Company is entered in the Company's register;
2.		the SE works council decides to resign by majority decision;
3.		the court declares the establishment of the SE Works Council invalid (Section 232 (1)); the action shall be submitted no later than one month after the constitution of the European Works Council;
4.		The SE Works Council and the competent organ of the European Company enter into an agreement in accordance with § § 230 or 231.

(3) In the cases referred to in paragraph 2 (2) and (3), a new SE works council shall be formed by the application of § § 233 and 234.

(4) The membership of the SE Works Council begins with the announcement of the decision of posting (§ 234).

(5) Membership of the SE Works Council shall end if:

1.		the duration of the activities of the SE's works council shall end;
2.		resign from the Member State;
3.		the body of the employee who has sent the member to the SE Works Council shall be dismissed, at any rate to be dismissed if his membership to the works council ends;
4.		the operation or the undertaking to which the Member is a member of the European Company;
5.		the court declares the decision to be sent (§ 234) to be invalid; the action shall be submitted no later than one month after the establishment of the SE's works council.

(6) In the cases of Section 4 (2) (2) to (5), section 223 (3) shall apply.

Contribution of subject-matter requirements, cost support

§ 238. The costs incurred in connection with the activities of the SE works council and the closer committee shall be borne by the European Company in accordance with § 224.

Section 2

Powers of the SE Works Council and the narrower committee

Information and consultation

§ 239. The SE Works Council shall have the right to discuss matters relating to the economic, social, health and cultural interests of employees of the European Company itself or of one of its subsidiaries or one of its holdings in another Member State, or going beyond the powers of the decision-making bodies at the level of the individual Member State, to be informed and consulted.

§ 240. (1) The SE Works Council shall have the right, once a year with the competent institution of the European Company, without prejudice to the powers of the European Company pursuant to Section 241 and without prejudice to any agreements concluded with the Board of Directors or the Management Board of the European Company. European society, for the purpose of information and consultation, on the basis of reports regularly submitted by the competent institution of the European Company on the development of the business situation and the prospects of the European Union Society. The local management shall be informed of this.

(2) The information and consultation shall relate in particular to the structure of the European Company, its economic and financial situation, the probable development of the business, production and sales situation, to which: the employment situation and its probable development, on investment, on fundamental changes to the organisation, on the introduction of new working and manufacturing processes, on the relocations of production, on mergers, reductions, or Closures of companies, businesses or important parts of these units and mass redundancies.

(3) The competent institution of the European Company shall transmit to the SE Works Council the agenda of all meetings of the Management Board and of the Supervisory Board or of the Management Board, as well as copies of all documents held by the General Meeting of Shareholders shall be submitted.

§ 241. (1) Trets exceptional circumstances which have a significant impact on the interests of employees, in particular in the event of relocations, relocations, closure of undertakings or establishments or in the event of collective redundancies, the SE Works Council the right to be informed of them in the event of a marriage. The SE works council or, where the SE works council so decides, in particular with regard to the urgency of the matter, the closer committee shall have the right, at the request of the competent institution of the European company or of the competent institution of the European Company, to to meet representatives of a more appropriate level of governance within the European Company, with its own decision-making powers, in order to deal with the measures with a significant impact on the interests of workers is to be informed and consulted. This meeting shall be without prejudice to the preroe of the competent institution of the European Company.

(2) The members of the SE Works Council may also participate in a meeting with the closer committee and represent the workers directly concerned by these measures.

(3) If the competent institution of the European Company decides not to act in accordance with the opinion delivered by the SE's Works Council, the SE Works Council shall have the right, another time with the competent institution of the European society in order to reach an agreement.

Information to local workers ' representatives

§ 242. Without prejudice to § 250, the members of the SE Works Council shall have the employees ' representatives of the European Company, its subsidiaries and establishments on the content and results of the activities carried out in accordance with the provisions of this section. Information and consultation.

Decision on the opening of negotiations

§ 243. (1) The SE Works Council shall:

1.		four years after its constitutive session, or
2.		in the case of substantial changes to the structure of the European Company (Section 228 (2)), without delay
to take a decision on whether to negotiate an agreement in accordance with § § 230 or 231, or whether the provisions of this main piece should continue to be applied.

(2) If the SE Works Council takes the decision to negotiate such an agreement, § § 225, 230 and 231 shall apply with the proviso that, instead of the special negotiating body of the SE Works Council, this agreement is negotiated. If no agreement has been reached within the period provided for in the negotiations (§ 226), the provisions of this main item shall continue to apply.

Section 3

Co-determination by law

Applicability

§ 244. (1) The provisions of this main piece on employee participation shall apply where:

1.		the competent bodies of the participating companies and the special negotiating body, or
2.		no agreement has been reached in accordance with § § 230 or 231 within the period determined in accordance with § 226 for the negotiations, and the special negotiating body has not taken a decision in accordance with section 227 (1).

(2) The provisions of this main piece on the participation of workers shall be provided in the case of a European Company which:

1.		is to be established by means of transformation, only if there have been rules on participation in the company which is to be converted;
2.		is to be established by merger, only if
a)			in at least one of the participating companies shall comprise participation and shall cover at least 25% of the total number of employees of all the participating companies; or
b)			in at least one of the participating companies, participation shall be less than 25% of the total number of employees of all the participating companies, provided that the special negotiating body takes a decision on this matter;
3.		is to be established by the establishment of a holding company or a subsidiary, only if:
a)			in at least one of the participating companies shall comprise participation and shall cover at least 50% of the total number of employees of all the participating companies; or
b)			in at least one of the participating companies, participation in at least one of the participating companies shall be less than 50% of the total number of employees of all the participating companies, provided that the special negotiating body takes a decision on this matter.

(3) Where there is more than one form of co-determination in the participating companies, the special negotiating body shall decide which of them shall be established in the European Company.

The special negotiating body shall inform the competent institution of each of the companies concerned of the decisions it has taken in accordance with paragraphs 2 and 3.

(5) Where the special negotiating body does not take a decision in accordance with paragraph 3, the form of co-determination shall apply, which shall cover the highest number of employees employed in the participating companies.

Right to co-determination

§ 245. (1) The institutions in the European Company, its subsidiaries and establishments for the representation of employees or employees ' representatives shall have the right to form part of the members of the supervisory or administrative board of the European society to choose or order or to recommend or reject the order. The number of these members shall be determined by the highest proportion of the employees ' representatives in the supervisory or administrative organ in the participating companies prior to the registration of the European Company.

(2) In the case of a European Company which is to be constituted by conversion, the provisions governing the participation of employees in force for the society to be converted shall apply in accordance with the provisions of Sections 246 to 248.

Distribution of seats in the supervisory board or board

§ 246. (1) The SE Works Council shall decide on the distribution of the seats in the supervisory or administrative board of the European Company to the representatives of the employees of different Member States in accordance with the respective shares of the members of the SE. Member States employed workers of the European Company, its subsidiaries and establishments.

(2) If, in this way, a number of seats of employees from the same Member State were to be obtained and, at the same time, employees from one or more Member States were not taken into account, the SE Works Council has a new distribution of the Seats in accordance with paragraph 1, whereby a seat shall not be included in the distribution. This seat shall be allocated to an employee representative from one of the non-represented Member States. This shall be carried out in such a way as to ensure that this seat is to be allocated to the representatives of the employees of the Member State in which the European Company is to be established. If the seat of the supervisory board or the management board is already established by that Member State in accordance with paragraph 1, that seat shall be allocated to the representatives of the employees of the Member State previously unaccounted for, in which the highest proportion of employees is employed.

(3) Where the number of members of the supervisory or management board appointed by the competent institution of the European Company changes, the SE Works Council shall have the distribution of the seats of the employees ' representatives in accordance with the provisions of the (1) and (2) to re-decide principles by dismissive and/or dismissive of employees ' representatives. additional seats shall be allocated to workers ' representatives from the Member States concerned.

Posting of Members

§ 247. (1) The posting of the Austrian members to the supervisory board or the administrative board of the European Company shall take place in accordance with the decision of the SE Works Council on the distribution of seats in accordance with § 234.

(2) The posting of Members from Member States which do not provide for a posting by the competent national body of the workers ' body shall be sent to the supervisory or management board of European companies domicated in the country by the SE-Works Council.

(3) The announcement of the members of the Supervisory Board or the Administrative Board of the European Company shall be notified to the SE Works Council and to the competent body of the European Company.

(4) The membership of the Austrian representatives in the supervisory board or the administrative board of the European Company begins with the announcement of the decision (para. 2) and ends in the cases of § 237 (5) Z 2 to 5 as well as in the case of section 246 (3).

Rights of employees ' representatives in the supervisory board or the administrative board

§ 248. (1) For decision-making on the appointment and dismise of members of the Executive Board, the election of the Chairman of the Supervisory Board and his first deputy, on the election and dismise of the Chairman of the Board of Directors and his first Deputy as well as the appointment and dismise of managing directors is subject to § 110 para. 3 third and fourth sentence. In addition, the employees ' representatives in the supervisory board or the administrative board shall have the same rights, including voting rights, and duties as members appointed by the competent institution or by the Statute of the European Company.

(2) The right of the representatives of the employees to the seat and vote in committees of the supervisory board or the board of directors shall be subject to section 110 (4), with the proviso that the right of the representatives of the employees to the seat and vote shall not apply to committees of the supervisory board or the board of directors of the supervisory The Administrative Board shall govern relations between the Company and the Managing Directors, with the exception of decisions on the appointment and dismise of managing directors and on the granting of options to the Management Board. Shares of the Company.

Section 4

European companies with special purpose

§ 249. (1) In the case of European companies which directly serve the purposes specified in section 132 (2), § § 240 and 241 as well as the provisions of the 3. The section of this item shall not be applied in so far as it concerns matters affecting the political direction of these undertakings.

(2) § § 240 and 241 are to be applied to companies within the meaning of paragraph 1, but in any case, insofar as the information is based on fundamental changes to the organization, on the introduction of new work and manufacturing processes or on collective redundancies. . Article 240 (2) shall apply to undertakings within the meaning of paragraph 1, in any event, insofar as the information is related to the structure of the undertaking and to its economic and financial situation.

4. Main piece

Legal status of workers ' representatives

Confidentiality of Obligations

§ 250. (1) The members of the special negotiating body and of the SE works council and of the experts supporting them, as well as the employees ' representatives who are involved in an information and consultation procedure pursuant to § 231, shall be 115 (4), with the proviso that the obligation arising from this provision will continue to exist even after the expiry of the mandate.

(2) The obligation laid down in paragraph 1 shall not apply to the local employees ' representatives if they are to be informed of the content of the subdirections and results of the hearings pursuant to an agreement (§ § 230, 231) or § 242.

Rights of workers ' representatives

§ 251. (1) With regard to the personal rights and obligations of the Austrian members of the special negotiating body and of the SE Works Council, the employee representatives involved in an information and consultation procedure in accordance with § 231, as well as the employee representative in the supervisory board or the administrative board of the European Company, insofar as these employees of the European Company, its subsidiaries or establishments or any of the participating companies or of the companies concerned are Subsidiaries concerned are the provisions of § § 115 Abs. 2, first sentence and para. 3, 116 and 120 to 122.

(2) Without prejudice to § 118 (1), each Austrian member of the SE's works council shall be entitled to an exemption from work performance for participation in training and educational events up to a maximum of one week within a Functional period under payment of the payment.

5. Main piece

Closure and transitional provisions

Relationship to other provisions

§ 252. (1) European companies and their subsidiaries, which are undertakings or groups of undertakings within the meaning of § 171, shall not be subject to the provisions of Part V of this Federal Act, unless:

1.		the European companies and their subsidiaries are only part of a company or group of companies within the meaning of Article 171 or
2.		the special negotiating body shall take a decision within the meaning of Section 227 (1).

(2) § 110 shall not apply to European companies unless otherwise specified in this part. § 110, however, shall apply to subsidiaries of the European Company located in Germany.

(3) In addition, the provisions of the II. Part of the provisions of this Part shall be unaffected.

(4) The institutions of the employees of the participating companies within the national territory whose legal personality is issued with the registration of the European Company shall continue to exist after their registration. The Management Board or the Management Board of the European Company shall ensure that these institutions have the powers of the employees in accordance with the provisions of the third paragraph of this Article. and 5. Main piece of the II. Continue to be able to perform.

(5) The employees ' representatives who are members of the Board of Directors of a European Company pursuant to the provisions of this Part shall not apply those provisions in supervisory laws which shall be specific to members of the Management Board. professional competence, special qualification requirements or similar conditions, unless the employees ' representatives are provided in accordance with Section 59 (1) of the SE Act, BGBl. I n ° 67/2004, appointed as Executive Director of the Management Board.

Criminal provisions

§ 253. (1) Those who are contrary to the provisions of Sections 213 (1) and 2 (2), 215 (3), 216 (5), 219 (1) and (4), 225 (2), 227 (3), 228 (3), 231 (2), 235 (1), 250 (1) and 252 (4) shall apply, provided that the action does not include the facts of the case. Jurisdiction of the courts is a punishable offence or is threatened with a more stringent penalty under other administrative criminal provisions, an administrative surrender and is a fine of up to EUR 2 180 from the District Administrative Authority to punish.

(2) Administrative transgressions as referred to in paragraph 1 are to be pursued and punished only if in the case of

1.		§ § 213 Z 1 and 2, 215 (3), 216 (5), 219 (1), 227 (3), 228 (3), 235 (1) and 252 (4) existing in the participating companies, subsidiaries, undertakings concerned or the European Company employee representatives;
2.		§ § 219 (4) and 225 (2) the special negotiating body;
3.		Section 231 (2), the employee representation in charge of the agreement pursuant to section 231 (1);
4.		Section 250 (1), the competent management or administrative organ of the participating companies, subsidiaries, undertakings concerned or the Management Board or the Management Board of the European Company
within six weeks from the knowledge of the transgressing and the person of the offender to the relevant district administrative authority to issue a criminal complaint (private prosecutor).

(3) The criminal proceedings are § 56 (2) to (4) of the Administrative Criminal Law 1991, BGBl. No. 52. '

7. The previous § 208 shall be named "§ 254" ; he shall be entitled to " VII. Part " .

8. In the case of § 254, the following paragraph 16 is added:

" (16) § 40 (4c), § 110 (6), § 113 (2) (2) (8) and (9), (4) (7) and (8), (5) (7) and (8), and the provisions of the VI. Part in the version of the Federal Law BGBl. I n ° 82/2004 shall be 8. October 2004, in force. "

Article II

Amendment of the Federal Law on the Post-Operating Constitution

The Post-Works Constitution Act, BGBl. No 326/1996, as last amended by the Federal Law BGBl. I n ° 98/2001, shall be amended as follows:

1. § 76 (4) reads:

" (4) The provisions of V. and VI. Part of the ArbVG shall apply to companies governed by this federal law, with the proviso that the tasks assigned to the institutions in accordance with the ArbVG are to be carried out by the institutions established under this federal law. "

2. In accordance with § 81 (7), the following paragraph 8 is added:

" (8) § 76 (4) in the version of the Federal Law BGBl. I n ° 82/2004 shall enter into force 8. October 2004, in force. "

Article III

Amendment of the Labour and Social Court Act

The Labor and Social Justice Act, BGBl. No. 104/1985, as last amended by the Federal Law BGBl. I No 118/2002, is amended as follows:

1. In accordance with § 5b the following § 5c is inserted:

" § 5c. (1) For litigation relating to the special negotiating body (§ § 215 to 229 ArbVG), to the SE works council (§ § 230, 232 to 243 and 249 ArbVG), to the procedure for informing and consulting employees (§ 231 ArbVG) or to the In accordance with § § 244 to 248 of the ArbVG, only the court in which the European Company has or is to have its registered office is responsible for the local jurisdiction. In the case of litigation relating to § 209 ArbVG, only the court in which the participating company has its registered office or had its registered office is responsible for the local jurisdiction.

(2) The domestic jurisdiction for the litigation referred to in paragraph 1 shall be given only if:

1.		the European Company has or is to have its registered office in Germany, or
2.		it is a matter according to § 209 ArbVG. "

2. § 50 para. 2 reads:

" (2) Furthermore, labour disputes are disputes over rights or legal relationships arising out of the II., V. or VI. Part of the Labour Constitution Act, BGBl. No 22/1974 (disputes relating to the constitutional law), or from similar federal legal provisions. "

3. In accordance with § 98 (9), the following paragraph 10 is added:

" (10) § 5c and § 50 (2) in the version of the Federal Law BGBl. I n ° 82/2004 shall enter into force with the 8. October 2004, in force. "

Fischer

Bowl