Change Of The Labour Constitution Act, Of The Federal Law About The Postal Labor-Management Relations And The Labour And Social Court Act

Original Language Title: Änderung des Arbeitsverfassungsgesetzes, des Bundesgesetzes über die Post-Betriebsverfassung und des Arbeits- und Sozialgerichtsgesetzes

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82. Federal law that modifies the labour Constitution Act, the Federal law on the postal labor-management relations and the labour and social courts act

The National Council has decided:

Article I

Amendment of the labour Constitution Act

The labour Constitution Act, Federal Law Gazette No. 22/1974, amended by Federal Law Gazette I no. 138/2003, is amended as follows:

1. According to article 40, paragraph 4, the following paragraph 4 c b is inserted:



"(4C) in the company within the meaning of the VI. part is in accordance with VI part to set up a special negotiating body, as well as an SE works Council to build or create a different procedure for the involvement of employees."

2. paragraph 110 subsection 6:



"(6) on the posting of employee representatives to the Supervisory Board of joint-stock company (company with limited liability cooperative), the"



1 public limited liability companies (including European companies), 2nd Supervisory Council subject to limited liability companies, 3. societies with limited liability within the meaning of § 29 par. 2 Z 1 GmbHG, 4. co-operatives subject to the Supervisory Council uniformly leads (§ 15 para 1 German Stock Corporation Act 1965) or dominated by more than 50 percent on the basis of a direct involvement, the Central Works Council (Betriebsrat) the dominant company and the members of works councils ordered in the controlled company (Z 1 to 4) participate , if the ruling company employs no more than half as many workers as all controlled company together. The Central Works Council (Betriebsrat) the dominant company sends a workers representative, but at least as many employee representatives, as is the ratio of the number of staff employed in the dominant company to the number of workers employed in the controlled company. This right of the Central Works Council (Works Council) of the dominant company, to send a representative of the workers, regardless of the ratio of the number of staff employed in the dominant company to the number of workers employed in the controlled company shall not apply if the activity of the dominant company limited on the management of assets of the controlled company. The other employee representatives on the Supervisory Board are of the whole of the works councils ordered in the controlled company (Z 1 to 4) from among the Works Council members, which vote on the Works Council is entitled to according to the principles of proportional secret to choose; choices are 57, 59, 60, 62 Z 2 to 5, 64 para 1, 54 paragraph of 2, 56 para 1 the provisions of §§ 51 para 3, Z 1-3 and subsection of 4, 65 paragraph 1, first sentence, and paragraph of 2, 78 para of 4, 81 para 1 second sentence, (2) and paragraph of 4, as well as 82 para 1 first sentence to apply by analogy. "This paragraph does not apply to banks (section 1 Banking Act, Federal Law Gazette No. 63/1979, amended) and insurance companies."

3. in article 113, paragraph 2 No. 7 are the point replaced with a semi-colon and following Nos. 8 and 9 added:



"8 posting of employee representatives in the special negotiating body (§§ 217, 218), in the SE works Council (article 234) and in the Supervisory Board or Management Board of the European company (§ 247);"

9 participation in the information and consultation procedures in accordance with the agreements concluded after the sections 230 or 231."

4. in section 113 para 4 No. 6 be the point replaced with a semi-colon and following Nos. 7 and 8 added:



"7 posting of employee representatives in the special negotiating body (§§ 217, 218), in the SE works Council (article 234) and in the Supervisory Board or Management Board of the European company (§ 247);"

8 participation in the information and consultation procedures in accordance with the agreements concluded after the sections 230 or 231."

5. in article 113 par. 5 Z 6 be the point replaced with a semi-colon and following Nos. 7 and 8 added:



"7 posting of employee representatives in the special negotiating body (§§ 217, 218), in the SE works Council (article 234) and in the Supervisory Board or Management Board of the European company (§ 247);"

8 participation in the information and consultation procedures in accordance with the agreements concluded after the sections 230 or 231."

6. after section 207 the following VI is.  Added:



"VI. part"

Involvement of employees in the European company

1. main piece

General terms and conditions

Scope



section 208. The provisions of VI. Part apply to companies, under the IInd part fall and under Regulation (EC) No. 2157/2001 of 8 October 2001 on the Statute for a European company (SE) be provided legal form established in or and based in Germany have or have.



§ 209. For the obligation of the participating companies in Germany to cooperate with the organs of the workforce in accordance with § 214 Z 1, the obligation to the disclosure of information pursuant to article 215, paragraph 3, the calculation of the score of domestic employed workers (section 215 para 4), the posting of the Austrian members of the special negotiating body (§§ 217, 218), in the SE works Council (article 234) and in the Supervisory Board or Management Board of the European company (§ 247) , the termination of their membership to the special negotiating body (§ 223 para. 2), to the SE works Council (article 237 paragraph 5), and in the Supervisory Board or Board of Directors of the European company (§ 247 par. 4) as well as the applicable for confidentiality (article 250) and the applicable protection provisions (Article 251) the provisions of VI. part shall also apply if the European company not in the country or will be.

Definitions



210. (1) on participating companies within the meaning of the VI. are part of the companies participating in the establishment of a European company to understand directly. These are the in the case



1. Merge for merging companies.

2. establishment of a holding company the this company;

3. establishment of a subsidiary the this company;

4. conversion to convert company.

(2) under subsidiary within the meaning of the VI. part is a company to understand, over another company exercises a dominant influence within the meaning of § 176.

(3) in affected subsidiary, a subsidiary of a participating company is to understand, which should be at the Foundation of a European company to its subsidiary.

(4) under other operating, an operation of a participating company is to understand, which should be at the Foundation of a European company to their operation.

Organs of the workforce



section 211. In the companies that meet the requirements of section 208, to build or create a different procedure for the involvement of employees is subject to the provisions of the VI. part to set up a special negotiating body, as well as an SE works Council.

Involvement of employees



212. (1) all proceedings by the employee representatives on the decision-making process in the European society can have an influence includes the right of workers to participation in European society. In particular, the right of workers to participation includes the right to be informed, the right to be heard and, in accordance with the provisions of the VI. part, the right to participation.

(2) see information in the sense of the VI. part is the informing of the body representing the employees or employee representatives by the competent organ of the European society on all matters to understand concerning them self or one of its subsidiaries or establishments in another Member State or which exceed the powers of the decision-making organs at the level of the individual Member State. Time, form and content of information must allow a detailed assessment of the possible impact and, where appropriate, the preparation of hearings employee representatives with the competent bodies of the European company.

(3) hearing in the sense of the VI. part the exchange of opinions and the establishment of a dialogue between the body representative of the employees or employee representatives and the competent organ of the society is to understand. Time, form and content of the hearing must allow an opinion on the measures envisaged by the competent organ employee representatives on the basis of recent information, which can be taken into account in the context of the decision-making process within the European society.

(4) participation in the sense of the VI part is to understand the influence of the institution to the representation of the employee or of the employee representatives on all matters of European society through the exercise of the right, to select a part of the members of the Supervisory Board or the Board of Directors of the European society to order or recommend some or all members of the Supervisory Board or Management Board of the European company or to reject.

Duties of Executive and administrative bodies



section 213. The relevant competent management or administrative organs of the participating companies have



1.

they set up a special negotiating body, and 2. to create the necessary conditions for the establishment of an SE works Council or a procedure for the information and consultation of workers and to provide the necessary resources.

Principles of cooperation



section 214. The organs of the workforce (§ 211) and the relevant management and administrative bodies



1. the participating companies, or

2. the European company have to work together with the desire to communicate in accordance with their respective rights and mutual obligations.

2. main piece

Special negotiating body

Call for the establishment of



215. (1) the special negotiating body is on the basis of a written request of the competent management or administrative organs of the participating companies to the representatives of the employees or to the employees - in accordance with the respectively applicable law - in these societies, as well as in the concerned subsidiaries and concerned establishments to build.

(2) the request referred to in paragraph 1 shall be effected immediately after the disclosure of the plan of merger or of the establishment plan for a holding company or after agreeing a plan to establish a subsidiary or to the conversion into a European company.

(3) the prompt information to join are referred to in paragraph 1 of



1. the proposed creation of a European company and the course up to their registration, 2. the identity and structure involved the number of workers employed in these companies and establishments respectively including their subsidiaries and establishments, the concerned subsidiaries and the establishments concerned, including their distribution to the Member States, 3. and in the companies involved the total number , concerned subsidiaries and concerned establishments employ workers, 4. the identity of the bodies established to represent the workers in these companies and establishments, as well as the number of workers represented by these bodies each, 5. the identity of those involved in societies in which exists a system of co-determination, and both the number of employees covered by a participation system; If not all employees of a participating company, by a participation system are captured, the ratio of a participation system workers to the respective total number of employees, 6 covered by the date of the inaugural meeting of the special negotiating body.

(4) for the determination of the number of employed workers, the time of the request referred to in paragraph 1 is decisive.

(5) the competent voluntary professional association of workers is to communicate the request referred to in paragraph 1 by the body responsible for the posting of workers.

Composition



§ 216. (1) for each share of workers employed in one Member State, the 10% of the total number of workers employed in all the Member States of the participating companies, concerned subsidiaries and establishments concerned or fraction thereof amounts to, is a member of that Member State in the special negotiating body to send.

(2) in the case of a European company formed through the merger, as many other additional members in the special negotiating body are to send, as necessary, to ensure that each participating company, employs workers in the Member State concerned, which will expire, as a result of the registration of the European company as a separate legal entity is represented in the special negotiating body by at least one member from each Member State.

(3) as far as already through the application of paragraph 1 in connection with the respectively applicable law representing these companies involved in particular is negotiating body by members, are the employees of the participating companies or chosen exclusively by the employees of these participating companies or otherwise determines, are to send no further additional members in accordance with paragraph 2.

(4) the number of these additional members must not exceed 20% of the number of members resulting from paragraph 1. Exceeds the number of the participating companies and the number of additional members to sending, so these additional members allocated to the participating companies in different Member States according to the number of workers employed by them in descending order.

(5) such changes in the structure or number of employees of the participating companies, concerned subsidiaries and the establishments concerned occur throughout the duration of the special negotiating body, that the composition of the special negotiating body pursuant to paragraph 1 to 4 would change, the special negotiating body is appropriately reset together. The competent executive and administrative bodies of the participating companies and without delay to the special negotiating body and to the representatives of the employees or to the employees - in accordance with the respectively applicable law - in the participating companies and concerned subsidiaries and concerned enterprises, which were previously not in the special negotiating body to have information about such changes.

Posting of the members



217. (1) the Austrian members to sending in the special negotiating body are appointed by decision of the institution authorized in accordance with § 218 of the dispatch of the workforce from among the members of the Works Council. Instead of a Works Council Member, also a functionary or employee of competent voluntary professional association of workers can be appointed.

(2) in the case that several Austrian members in the special negotiating body are to send the body authorized in accordance with § 218 of forces has at the same time posting decision to adopt also decision about how many workers are each represented by an outgoing member. This caution is to take that all staff employed in Austria are represented by such a member.

(3) in the case of the posting, caution should be taken in accordance with the number of available to Austrian employee representatives seats on that each participating company with at least a member of the special negotiating body is represented.

(4) for decision, the presence of at least half of the members is required. Decisions are taken with the votes of those members, which together represented more than half of the staff employed in the group, in the company and in companies. When determining the number of staff employed within the group, in the company and in companies, you call for the establishment of the special negotiating body pursuant to the sections 215 3 are to consider information to be connected to Nos. 3 and 4 and 216 paragraph 5.

(5) should be taken into consideration on adequate representation of the groups of workers and employees as well as employees and workers.



§ 218. (1) in plants is the posting by decision of the operating Committee. There is no National Committee, the Works Council performs this task. There are several operational committees (works councils), that do not belong to the same company, a meeting is the Chairman of the operating Committee (works councils) according to the number of eligible workers largest domestic operation in operating committees (works councils) ordered the companies to organize, rests with the resolution on the posting of.

(2) in company, appoint members to sending in the special negotiating body by a decision of the Central Works Council. A Central Works Council in a company is not built, para 1 shall apply by analogy to. There are several Central Works Council, is to convene a meeting of the members of the Central Works Council ordered in the company of the Chairman of the Central Works Council of the domestic company largest according to the number of eligible workers rests with the resolution on the posting of. At least an operating Committee represented in any Central Works Council (Betriebsrat), is in addition to one or more central Works Council are the members and their deputies to the meeting to invite; they apply to the extent as central Betriebsrat member.

(3) in groups, appoint members to sending in the special negotiating body by a decision of the Group's representative body. A group's representative body is not built, paragraph 2 is to apply. Also no central Works Council built, para 1 is to be applied. Still exists in addition to the Group's representative body it the Zentralbetriebsrats(Betriebsrats)vorsitzenden and their deputies to this session are not represented Central Works Council (operating Committee, Works Council), to invite; These are the Group's representative body in so far considered members.


(4) the disclosure of the named members of the special negotiating body to the competent management or administrative organ of the participating companies has to be carried out immediately.

Constitution



219. (1) has the competent management or administrative organ of the participating companies to invite immediately after the announcement of the named members of the special negotiating body to its constituent session.

(2) the members of the special negotiating body have to elect a Chairman and one or more Deputy from among its members. The special negotiating body to adopt rules of procedure.

(3) the special negotiating body has the competent management or administrative organ of the participating companies immediately in writing about the end of the inaugural session and the outcome of the election to teach.

(4) immediately after this notification the competent management or administrative organ of the participating companies has to convene a meeting with the special negotiating body to complete an agreement according to article 225.

Sessions



220. (1) has the right before any meeting with the competent management or administrative organ of the participating companies to a preparatory meeting, to meet the special negotiating body.

(2) the special negotiating body can in the negotiations with the competent management or administrative organ of the participating companies by experts support his election. These experts can be invited to attend the negotiations in an advisory capacity at the request of the special negotiating body.

Decision-making



221. (1) the, resolutions as far as no stricter requirements are set in this Federal Act, by a simple majority of votes cast, provided that this majority represents the majority of workers.

(2) the special negotiating body may decide the conclusion of an agreement with at least two-thirds of its votes, representing at least two-thirds of employees in at least two Member States, that a reduction of the participation rights of workers resulted. Such a majority is required, but only if is the participation in the case of a European company, the



1 founded through fusion, extending to at least 25% of the total number of employees of the participating companies;

2. as a holding company or a subsidiary to be established, extending at least 50% of the total number of employees of the participating companies.

(3) in the case of a European company to be established by transforming a decision referred to in paragraph 2 may not be touched.

(4) with a reduction of participation rights in accordance with paragraph 2 reducing the percentage anyway, is to understand certain members of the Supervisory Board or Board of Directors of European society to the highest force in the participating companies and proportion of employee representatives in supervisory or administrative body after one of the procedures referred to in section 212, para 4.

Activity duration



222. (1) starts with the day of the Constitution the duration of the special negotiating body.

(2) the duration of the special negotiating body ends,



1. If the special negotiating body takes a decision pursuant to article 227, paragraph 1;

2. If the Court of the establishment (§ 215 section 1) for invalid explains. the complaint must be placed no later than one month after the establishment of the special negotiating body;

3. with the conclusion of an agreement in accordance with the sections 230 or 231, unless otherwise determined in the agreement;

4. in the case of section 232, para 1 subpara 1.

5. If within the period applicable pursuant to section 226 no agreement in accordance with the sections 230 or 231 is established.

Commencement and termination of membership



223. (1) begins with the announcement of posting decision (section 218 paragraph 4) the membership of the special negotiating body.

(2) the membership of the special negotiating body ends, if



1. the duration of the special negotiating body ends;

2. the member resigns;

3. the organ of the labour force, which sent the Member of the special negotiating body, dismisses this, being this anyway, then recalled, when his membership to the Works Council or its activity of the competent voluntary professional association of workers ends;

4. the operation or the company to which the member belongs to, retires from the company involved in the creation of the European company or group of companies or the concerned subsidiary;

5. the Court posting decision (§ 217 subsection 1) invalid explains. the claim is not later than one month after the establishment of the special negotiating body.

(3) in the cases of paragraph 2 Z 2 to 5 are to send § 217 and 218 new members in the special negotiating body pursuant to the section.

Expenses borne



Thing needs are the special negotiating body § 224. (1) for the proper performance of his duties to an extent commensurate with the size of European society and the needs of the special negotiating body by the competent management or administrative organ of the participating companies to provide free of charge.

(2) necessary for the proper fulfilment of the tasks costs incurred in the administrative expenditure of the special negotiating body, in particular for the organising of meetings, each preparatory meetings including the interpretation and the costs anyway, an expert and the accommodation and travelling expenses of the members of the special negotiating body shall be borne by the participating companies.

Tasks of the special negotiating body



225. (1) has the special negotiating body the task to set the participation of employees in the European company with the competent organ of the participating companies in a written agreement.

(2) to this end, the competent organs of the participating companies has to inform the special negotiating body immediately after its Constitution on the project of the creation of a European company and the planned procedure until their registration.

Duration of negotiations



The negotiations for the conclusion of an agreement in accordance with the sections 230 or 231 are 226. (1) to complete within six months of the establishment of the special negotiating body.

(2) the special negotiating body and the competent organs of the participating companies may decide by mutual agreement to continue the negotiations for the conclusion of an agreement in accordance with the sections 230 or 231 up to the period of one year from the date referred to in paragraph 1.

Decision on the termination of negotiations



227. (1) may decide the special negotiating body with at least two-thirds of its votes, representing at least two-thirds of employees in at least two Member States, to open any negotiations for the conclusion of an agreement in the sense of § 226 1 or to break off the negotiations already opened.

(2) in the case of a European company to be established by transforming the special negotiating body can't get a decision within the meaning of paragraph 1, if there are rules regarding the participation in transforming society.

(3) the special negotiating body is at the written request of at least 10% of the workers of the European company, its subsidiaries and establishments, or their representatives at the earliest two years after the decision referred to in paragraph 1 once again to convene, unless the special negotiating body and the competent bodies of the European company set a shorter time period. For the negotiations, the European society and their settling meet all obligations which are incumbent on the participating companies or their competent organs in negotiations relating to the establishment of a European company.

(4) in the case of a decision referred to in paragraph 1, or if within the period provided for negotiations initiated in accordance with paragraph 3 (section 226) no agreement is reached, the provisions of the 3 main piece do not apply.

Structural changes



228. (1) the special negotiating body is



1. on the basis of a written request of the competent organ of the European company or 2. on written request by at least 10% of the workers of the European company, its subsidiaries and establishments, or their representatives or 3. at the written request of the SE works Council (article 243, paragraph 1 Z 2) to convene unless held substantial changes in the structure of European society that affect the interests of workers in relation to their participation rights.


(2) in particular the transfer of the seat of the European company, the change of the management system of European society, the decommissioning, restriction or relocation of companies or establishments of European society, the merger of companies or companies of European society and the acquisition of significant shareholdings in other companies by the European society considered major changes to the structure of European society, unless they have significant influence on the overall structure of European society , as well as significant changes of the number in the European society and its subsidiaries employees.

(3) for the negotiations on the conclusion of an agreement in accordance with the sections 230 or 231 is the special negotiating body or the SE works Council to reflect the changes of the structure or the labour force of the European society, newly composed of its subsidiaries and establishments (§§ 216, sect. 5, 233 para. 2). For the negotiations, the European society and their settling meet all obligations which are incumbent on the participating companies or their competent organs in negotiations relating to the establishment of a European company.

(4) If an interinstitutional agreement in accordance with the sections 230 or 231 contains a provision on the conditions and the procedure for its renegotiation, is to proceed according to this, unless it meets the requirements of paragraphs 1 to 3.

(5) If, within the period provided for negotiations (section 226) no agreement is reached, the provisions of the 3 main piece with the proviso apply, that the scope of the participation rights of workers determined according to the structure of European society, its subsidiaries and establishments at the time of the failure of the negotiations.

Abuse of procedure



229. (1) must not be misused a European company, to withdraw participation rights to workers or to withhold. Abuse is particularly Assumable if changes in the structure of European society, which are suitable to avoid workers participation rights or to deprive. New negotiations are making in the case of the existence of such a change according to the provisions of section 228.

(2) all changes in the structure of European society in the sense of § 228 considered changes within the meaning of paragraph 1 unless there is evidence to the contrary, if they are made within one year after its registration.

Agreement on the participation of employees in the European company



If the special negotiating body and the competent organs of the participating companies sign an agreement regarding the involvement of employees in the European company, they have 230 (1) in this agreement in any case



1. the European company covered by the agreement, its subsidiaries and establishments;

2. the composition of the SE works Council, the number of members, the allocation of seats and the term including the effects of significant changes in the structure of European society, as well as by significant changes in the number of European society and its subsidiaries employees (section 228 para 2);

3. the functions and the procedure for the information and consultation of the SE works Council.

4. the frequency of sessions of the SE works Council;

5. for the SE works Council ready to be financial and material resources;

6. the date of entry of into force of the agreement and its duration, cases where the agreement should be renegotiated and the procedure for its renegotiation.

(2) if the parties decide to establish a procedure of participation, they have in this agreement in any case



1. the number of members of the Supervisory Board or Board of Directors, which the workers can choose or order or can they recommend their order or reject;

2. the procedure, according to which workers elect these members or order or recommend their order or reject can and 3 to set the rights of these members.

(3) in the case of a European company to be established by transforming the rights of workers to information, consultation and participation at least to the extent shall be ensured in the agreement, as they exist in the transforming society.

Agreement on a procedure for the information and consultation of workers



If the special negotiating body and the competent organs of the participating companies agree to the creation of one or more procedures for information and consultation of workers, they have 231. (1) in this agreement in any case



1. the European company covered by the agreement, its subsidiaries and establishments;

2. the effects of significant changes in the structure of European society, as well as significant changes the number in the European society and its subsidiaries employees (section 228 para 2);

3. the functions and the procedure for the information and consultation of the employee representatives.

4. the conditions under which the employee representatives have the right to act together to exchange views on the information;

5. for employee representatives ready to be financial and material resources;

6. the date of entry of into force of the agreement and its duration, cases where the agreement should be renegotiated and the procedure for its renegotiation.

(2) the agreement is also to regulate the obligation of the competent organ of European society, to inform employee representatives in particular on all matters relating to the European company itself or its subsidiaries and establishments in another Member State or which exceed the powers of the decision-making organs at the level of the individual Member State.

(3) Article 230 para 3 shall apply.

3. main piece

Involvement of employees in the European company law

1 section

SE works Council law

Construction



232. (1) if



1. the competent organs participating companies and the special negotiating body so agree or 2 within the period specified pursuant to section 226 of the negotiations no agreement in accordance with the sections 230 or 231 is established and the special negotiating body made a decision in accordance with article 227, paragraph 1 has, is to establish an SE works Council in accordance with this main piece.

(2) unless otherwise determined in the agreements referred to in the sections 230 or 231, the provisions of this main section do not apply to these agreements.

Composition



Section 233 (1) for each share of workers employed in one Member State, the 10% of the total number of workers employed in all the Member States of the European company, its subsidiaries and establishments or fraction thereof amounts to, is a member of that Member State in the SE works Council to send. § 215 para 3 to 5 shall apply.

(2) such changes in the structure or labour force of European society, during the duration of the SE works Council of its subsidiaries and establishments occur that would change the composition of the SE works Council in accordance with paragraph 1, the SE works Council is appropriately reset together. Article 216, paragraph 5 shall apply.

Posting



234. (1) the posting of the Austrian members of the SE works Council in accordance with the sections 217 and 218; This is however subject to the proviso that the posting of representatives of competent voluntary professional association is only allowed if this works Council members in accordance with section 53 subsection 4 are.

(2) § 218 is paragraph 4 shall apply, that the disclosure of the named members of the SE works Council to the competent bodies of the European company has to be done.

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



Section 235 (1) who has supervisory board or Management Board of the European company to invite immediately after the announcement of the named members of the SE works Council to its constituent session. The Board of directors or Board of Directors does not fulfil the European society of this obligation, each Member of the SE works Council can take before the invitation. The members of the SE works Council have to elect a Chairman and one or more Deputy from among its members. The Chairman has the Board of directors or Board of Directors of the European company immediately in writing about the end of the inaugural meeting as well as the outcome of this election to teach.

(2) representatives of the SE works Council towards the European company and to the outside is, unless otherwise provided in the rules of procedure (paragraph 3), the Chairman, at his Indespensability Deputy. The SE works Council can entrust other its members in individual cases with the representation outwards.

(3) the SE works Council decides its rules of procedure by a majority of its members. These can govern in particular:



1.

the establishment, composition and management of the Select Committee in accordance with article 236.

2. the designation of affairs, in which the right to independent decision-making comes to the closer Committee;

3. the establishment of the nature and extent of the authority of the Chairman of the Select Committee.

(4) the SE works Council has the right to meet before each meeting with the Supervisory Board or Board of Directors of the European company (§ 240) for a preparatory meeting. The SE works Council can make expert support his election. The SE works Council is quorate when at least half of its members are present. Decisions are taken by a simple majority of the votes.

Closer Committee



236. If it justifies the number of its members, the SE works Council has § from among its members to choose a closer Committee which shall consist of a Chairman and not more than two other members. The Select Committee leads the day-to-day of the SE works Council; section 235 (4) with the proviso that the Select Committee in the cases of § 241 para 2 has the right to join together in the specified there composition to the preparatory meeting is for him.

Activity duration, duration of membership



237. (1) the duration of the SE works Council Office is four years. It begins with the day of the Constitution or expiry of the activity of the previous SE works Council if the Constitution before that date.

(2) before the expiry of the period referred to in paragraph 1, the duration of the SE works Council, ends when



1. the deletion of the European company in the commercial register is registered

2. the SE works Council decides to resign by majority vote;

3. the Court of the establishment of the SE works Council (§ 232 par. 1) invalid explains. the complaint must be placed no later than one month after the establishment of the European Works Council;

4. the SE works Council and the competent bodies of the European company conclude an agreement after the sections 230 or 231.

(3) in the cases of para 2 subpara 2 and 3 a new SE works Council is to using the sections 233 and 234 form.

(4) the membership to the SE works Council begins with the announcement of the deployment decision (article 234).

(5) to the SE works Council membership ends, if



1. the duration of the SE works Council ends;

2. the member resigns;

3. the organ of the labour force, which sent the Member in the SE works Council, dismisses this, where this anyway, then recalled is if his membership to the Works Council;

4. the operation and the company, which belongs to the Member withdraws from the European society;

5. the Court declares the deployment decision (article 234) for invalid; the claim is not later than one month after the Constitution of the SE works Council.

(6) in the cases of paragraph 4, § 223 para 3 Z 2 to 5 shall apply.

Provision of thing needs, expenses borne



Section 238. You are the costs incurred in connection with the activities of the SE works Council and the Select Committee to carry pursuant to § 224 of European society.

2. section

Powers of the SE works Council and the Select Committee

Information and consultation



Section 239. The SE works Council has the right to be informed of matters concerning the economic, social, health and cultural interests of workers of European society itself or one of its subsidiaries or establishments in another Member State, or go beyond the powers of the decision-making organs at the level of the individual Member State, and is a member of.



The SE works Council has 240 (1) without prejudice to the powers existing pursuant to § 241 and without prejudice to otherwise agreed with the Supervisory Board or Board of Directors of European society, the law, once a year with the competent organ of European society, for the purpose of informing and consulting, to meet based on regularly by the competent bodies of the European company of presented reports on the business situation and the perspectives of the European company. The local business lines used this knowledge.

(2) the information and consultation refers to working and production methods, in particular on the structure of European society, their economic and financial situation, the probable development of business, production and sales situation, the employment situation and its expected development investments, to fundamental changes in the Organization, the introduction of new transfers of production, mergers, cut-backs or closures of undertakings, businesses, or important parts of these units and collective redundancies.

(3) the competent body of the European company delivered the SE works Council the agenda of all meetings of the Board and of the Supervisory Board or Board of Directors, as well as copies of all documents, which will be submitted to the general meeting of shareholders.



241. (1) exceptional circumstances occur, which have a significant impact on the interests of workers, especially in relocation, relocations, closure of companies or establishments or collective redundancies, the SE works Council has the right to be informed immediately about it. The SE works Council or, if the SE works Council so decides, in particular with regard to the urgency of the matter - the Select Committee has the right to meet at the request of the competent bodies of the European company or the representatives of a more appropriate management level with own decision-making powers within the European society, with regard to the measures with a significant impact on the interests of workers to be informed and consulted. This session shall be without prejudice to the prerogatives of the competent organ of European society.

(2) the members of the SE works Council may participate at a meeting with the closer Committee representing employees directly affected by these measures.

(3) if the competent bodies of the European company decides not to act in accordance with the opinion delivered by the SE works Council of the SE works Council has the right, once again with the competent organ of European society to meet, to bring about an agreement.

Briefing the local employee representatives



§ 242. without prejudice to the § 250 have the employee representatives of European society, its subsidiaries and establishments of the content and results of the for information carried out in accordance with the provisions of this section and consultation to inform the members of the SE works Council.

Decision on the opening of negotiations



Section 243 (1) who has the SE works Council



1. four years after its inaugural meeting, or 2. in case of substantial changes the structure of European society (section 228 para 2) a decision to immediately grasp, whether an agreement is to be negotiated after the sections 230 or 231 or whether the provisions of the main piece continue to apply.

(2) if the SE works Council takes the decision to negotiate such an agreement, so the §§ 225, 230 and 231 shall apply, that instead of the special negotiating body, the SE works Council is negotiating this agreement. If within the period provided for negotiations (section 226) no agreement is reached, the provisions of this main piece continues to find application.

3. section

Co-determination law

Applicability



244. (1) the provisions of this main piece about the participation of the employees come to the application, if



1. the competent bodies of the participating companies and the special negotiating body so agree or 2 within the period specified pursuant to section 226 of the negotiations no agreement in accordance with the sections 230 or 231 is established and the special negotiating body has not acted in accordance with article 227, paragraph 1.

(2) the provisions of this main piece about the participation of the employees come in the case of a European company, the



1 founded by converting, only for the application, if in transforming society passed regulations regarding the participation of have.

2. merger should be established only to the application, if a) in one or more of the participating companies and participation is and covers at least 25% of the total number of employees of all participating companies or b) in one or more of the participating companies and participation is and extends to less than 25% of the total number of employees of all participating companies and if the special negotiating body has a corresponding decision;

3. by establishing a holding company or a subsidiary to be established only to the application, if a) in one or more of the participating companies and participation is and covers at least 50% of the total number of employees of all participating companies or b)

in one or more of the participating companies and participation is and extends to less than 50% of the total number of employees of all participating companies and if the special negotiating body has a corresponding decision.

(3) If more than a form of participation consists in the participating companies, the special negotiating body has to decide, which is established in the European society.

(4) the special negotiating body has the competent organs of the participating companies about the decisions taken by him in accordance with paragraph 2 and 3 to teach.

(5) if the special negotiating body shall no decision pursuant to paragraph 3, the form of participation is application that extends to the highest number of employees employed by the participating companies.

The right to participation



The organs to the representation of workers in the existing society, its subsidiaries and establishments or the employee representatives have 245. (1) the right to select a part of the members of the Supervisory Board or Management Board of the European company to order or recommend their order or to reject. The number of members is determined by the highest relevant proportion of employee representatives in the supervisory or administrative body in the participating companies concerned before registration of the European company.

(2) in the case of a European company to be established by conversion to convert company regulations regarding the participation of the employees find in accordance with articles 246 to 248 application.

Distribution of seats in the Supervisory Board or Board of Directors



The SE works Council decides § 246. (1) on the distribution of seats in the Supervisory Board or Management Board of the European company on employee representatives from various Member States in accordance with the respective proportions of staff employed in each Member State of the European society, its subsidiaries and establishments.

(2) when would this way several seats fall to employee representatives from the same Member State, and at the same time, workers from one or more Member States are not considered, the SE works Council has to make a new distribution of seats according to paragraph 1, where a seat not in the distribution to include is. This seat is to assign an employee representative from a Member State not represented. So this is to proceed, that European society will have employee representatives from the Member State in which its seat this seat, to assign to. A seat in the Supervisory Board or Board of Directors already referred to in paragraph 1 is the Member State, this seat is to assign the employee representatives from the previously unrecognized State, where the highest percentage of workers is busy.

(3) if the number of members of the Supervisory Board or Board of directors appointed by the competent bodies of the European company changes, has the SE works Council about the distribution of the seats of the employee representatives in accordance with the principles in paragraphs 1 and 2 to decide, he dismisses surplus employee representatives or distributed additional seats on the employee representatives from the respective Member States.

Posting of the members



247. (1) the posting of the Austrian members of the Supervisory Board or Management Board of the European company is carried out in accordance with the decision of the SE works Council about the distribution of seats according to § 234.

(2) the posting of members from Member States which do not provide for a posting by the competent national body of the workforce in the Supervisory Board or Board of Directors of European companies established in Germany has to be carried out by the SE works Council.

(3) the notice of the members in the Supervisory Board or Management Board of the European company was has to be carried out on the SE works Council as well as to the competent bodies of the European company.

(4) the membership of the Austrian representative in the Supervisory Board or Management Board of the European company begins with the announcement of the deployment decision (para. 2) and ends in the cases of § 237 5 No. 2 to 5, as well as in the case of article 246, paragraph 3.

Rights of the employee representatives on the Supervisory Board or Board of Directors



Section 248. (1) for the decision on the appointment and dismissal of members of the Executive Board, the election of the Chairman of the Board and his first Deputy, about the election and dismissal of the Chairman and his first Deputy and the appointment and dismissal of managing directors third and fourth sentence shall apply article 110, paragraph 3. In addition, the employee representatives on the Supervisory Board or Board of Directors have the same rights, including voting rights and obligations as the members ordered by the competent institution or by the Statute of the European company.

(2) section 110 (4) with the proviso that the right of the employee representatives on the seat and voice does not apply to committees of the Board of Directors governing the relations between the company and the managing directors, except decisions on the appointment and dismissal of managing directors as well as the granting of options on shares of the company applies to the right of employee representatives to seat and vote in committees of the Supervisory Board or Board of Directors.

4 section

European companies with special purpose



The §§ 240 and 241, as well as the provisions of 3 are section 249 (1) on European firms that directly serve the purposes stated in section 132, paragraph 2 section of the main piece in this respect not to apply, as are matters affecting the political direction of this company.

(2) paragraphs 240 and 241 are companies within the meaning of paragraph 1 but anyway, to apply, as far as the briefing, referring to fundamental changes to the Organization on the introduction of new working and production methods, or collective redundancies. § 240, para. 2 is on undertakings within the meaning of para 1 to apply anyway, if the information relates to the structure of the company as well as its economic and financial situation.

4. main piece

Legal status of employee representatives

Obligation of secrecy



§ 250 (1) to the members of the special negotiating body and of the SE works Council and the experts supporting as well as the employee representatives who participate in an information and consultation procedure referred to in article 231, is to apply section 115 (4) with the proviso that the obligations resulting from this provision persists even after the expiration of the mandate.

(2) the obligation referred to in paragraph 1 shall not apply to the local representatives of the workers, if these on the basis of an agreement (sections 230, 231) or to teach according to § 242 about the content of the briefings and results of consultations.

Rights of the employee representatives



§ 251. (1) the personal rights and duties of the Austrian members of the special negotiating body and of the SE works Council, the employee representatives participating in an information and consultation procedure in accordance with section 231, as well as the employee representatives on the Supervisory Board or Management Board of the European company, are, as far as these workers of the European company, its subsidiaries or establishments or one of the participating companies or the concerned subsidiaries are, the provisions of §§ 115, par. 2, first sentence, and paragraph 3 , to apply 116 and 120 to 122.

(2) without prejudice to article 118, paragraph 1, each Member of the Austrian has the SE works Council entitled to exemption from the performance of work to attend training and learning events up to a maximum duration of one week within a term under payment of the fee.

5. main piece

Final and transitional provisions

Relationship to other rules



252. (1) European companies and their affiliates, which are companies or groups of companies within the meaning of section 171, not subject to the statement of v partly this Federal Act, unless,



1. the European companies and their subsidiaries are only part of a company or a group of companies within the meaning of section 171, or 2. the special negotiating body takes a decision within the meaning of § 227 par. 1.

(2) section 110 shall not apply to European companies, unless otherwise provided in this part. However, § 110 shall apply to subsidiaries located in Germany, the European society.

(3) in addition, the provisions of II. remain unaffected part of the provisions of this part.

(4) the bodies of the labour force in the participating companies in the country, whose legal personality shall lapse with the entry of European society persist even after their entry. The Board of directors or Board of Directors of the European company has to ensure that these organs part still can exercise the powers of the labour force according to the provisions of the 3rd and 5th main piece of II.


(5) on which under the provisions of this part in the Board of Directors of European company employee representatives entsendeten those provisions of supervisory laws do not apply, which require a special professional competence, special qualification requirements, or similar conditions, except for members of the Board of directors be employee representatives pursuant to section 59 (1) of the SE Act, Federal Law Gazette I no. 67/2004, Executive Directors of the Board of directors appointed.

Penal provisions



253. (1) who the provisions of §§ 213 Nos. 1 and 2, 215 para 3, 216 para 5, 219 paragraph 1 and 4, 225 subsection 2, 227 par. 3, 228 para 3, 231 para 2, 235 paragraph 1, contravenes 250 para of 1 and 252 par. 4, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or threatened after other administrative penal provisions with more severe penalty , an administrative offence and is by the district administrative authority with a fine to punish up to 2 180 euro.

(2) administrative offences are referred to in paragraph 1 only to track and punish, if in the case



1. the sections 213 Nos. 1 and 2, 215 para 3, 216 para 5, 219 paragraph 1, 227 par. 3, 228 para 3, 235 paragraph of 1 and 252 paragraph 4 in the participating companies, concerned subsidiaries, affected farms or the European society existing employee representative bodies;

2. the sections 219 paragraph 4 and 225 para 2 the special negotiating body.

3. section 231 paragraph 2 the employee representation competent under the agreement according to article 231, paragraph 1;

4 of § 250 1 the competent management or administrative body of the participating companies, concerned subsidiaries, affected farms or the Board or Board of Directors of the European company within six weeks from knowledge of the offence and of the person of the offender at the competent district administrative authority a complaint is (private prosecutor).

(3) on criminal procedure § 56 para 2 to 4 of the administrative penal code is 1991, BGBl. No. 52, to be applied."

7. the previous section 208 is named "§ 254"; It is the heading "VII. part" prepended.

8. in the present section 254 16 the following paragraph is added after paragraph 15:



"(16) § 40 paragraph 4c, section 110 subsection 6, section 113 para 2 Nos. 8 and 9, para 4 No. 7 and 8, para 5 Nos. 7 and 8, as well as the provisions of the VI. part as amended by Federal Law Gazette I no. 82/2004 8 October 2004 into force."

Article II

Amendment of the Federal law about the postal labor-management relations

The post - industrial Constitution law, BGBl. No. 326/1996, as last amended by Federal Law Gazette I no. 98/2001, is amended as follows:

1. paragraph 76 section 4:



"(4) the provisions of the v and VI apply to companies that are subject to this federal law, with the proviso that the coming to the bodies after the ArbVG tasks of the organs established by this federal law to perceive are part of the ArbVG."

2. According to § 81 paragraph 7, the following paragraph 8 is added:



"(8) section 76 (4) as amended by Federal Law Gazette I no. 82/2004 8 October 2004 into force."

Article III

Change of the labour and social Court Act

The labour and social courts act, Federal Law Gazette No. 104/1985, amended by Federal Law Gazette I no. 118/2002, is amended as follows:

1. pursuant to section 5, b is inserted the following section 5 c:





§ 5c. (1) for litigation, which focus on the special negotiating body (sections 215 to 229 ArbVG), on the SE works Council (articles 230, 232 to 243 and 249 ArbVG), on the procedure for the information and consultation of workers (§ 231 ArbVG) or on the participation in accordance with §§ 244 to 248 ArbVG relate, is only the Court jurisdiction, in whose jurisdiction the European society has its headquarters or should have. Only the Court is locally responsible for litigation ArbVG relating to section 209, in whose jurisdiction the participating company has its seat or had.

(2) the domestic jurisdiction for the disputes referred to in paragraph 1 is only given if



"1. the European company is headquartered domestically or should have or 2's Affairs after § 209 ArbVG is."

2. paragraph 50 para 2:



"(2) also work cases are disputes over rights or legal relations arising from the II., v or VI. part of the labour Constitution Act, Federal Law Gazette No. 22/1974 (operating constitutional disputes), or arising out of similar federal regulations."

3. According to section 98, paragraph 9 the following paragraph 10 is added:



"I no. 82/2004 (10) § 5 c and § 50 para 2 as amended by Federal Law Gazette 8 October 2004 into force."

Fischer

Bowl