Advanced Search

Law on European Works Councils

Original Language Title: Gesetz über Europäische Betriebsräte

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on European Works Councils (European Works Councils-Law-EBRG)

Unofficial table of contents

EBRG

Date of completion: 28.10.1996

Full quote:

" European Works Councils Act, as amended by the Notice of 7 December 2011 (BGBl. I p. 2650) "

Status: New by Bek. v. 7.12.2011 I 2650

For more details, please refer to the menu under Notes
*)
This Act is designed to implement Directive 2009 /38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in the field of information and consultation of workers in Community-scale undertakings and Community-scale groups of undertakings (OJ L 327, OJ No L 122, 16.5.2009, p. 28).

Footnote

(+ + + Text evidence from: 1.11.1996 + + +) 
(+ + + Official notes of the norm provider on EC law:
Implementation of the
ERL 38/2009 (CELEX Nr: 32009L0038) Bek. v. 7.12.2011 I 2650 + + +)

The law was adopted as Article 1 d. G v. 28.10.1996 I 1548 (EBRGEG) approved by the Bundestag is gem. Article 3 of this Act entered into force on 1 November 1996.

Part one
General provisions

Unofficial table of contents

§ 1 Cross-border information and consultation

(1) In order to strengthen the right to cross-border information and consultation of workers in Community-wide undertakings and groups of undertakings, European works councils or procedures for informing and consulting employees agreed. If an agreement is not reached, a European Works Council will be established by law. (2) The European Works Council shall be responsible for matters relating to the Community-scale undertaking or the Community-scale operating system. Group of companies in total or at least two companies or two companies in different Member States. In the case of undertakings and groups of undertakings in accordance with Article 2 (2), the European Works Council shall be responsible only in matters which extend to the territory of the Member States, in so far as no greater scope is agreed. (3) The cross-border information and consultation of employees shall cover all undertakings situated in a Member State and in a group of undertakings in respect of all undertakings which have their registered office in a Member State, insofar as no greater scope is agreed. (4) Information in the For the purposes of this Act, the transmission of information by the central management or any other appropriate management level shall be referred to the representatives of the employees, in order to give them the opportunity to take note of and examine the question referred to. Information shall be provided at a time, in a manner appropriate to the purpose and in a manner appropriate to the purpose, enabling workers ' representatives to carry out an in-depth assessment of the possible effects and, where appropriate, to: to prepare hearings with the competent body of the Community-wide undertaking or group of undertakings active throughout the Community. (5) Consultation within the meaning of this Act shall mean the exchange of views and the establishment of a dialogue between the employee representatives and the central management or any other the appropriate management level at a time, in such a way as to enable workers ' representatives, on the basis of the information received, within a reasonable period of time to the proposed levels of management. Measures which are the subject of the hearing to deliver an opinion which may be taken into account within the Community-wide undertaking or the Community-wide group of undertakings. The hearing must allow workers ' representatives to come together with the central management and to receive a reasoned reply to their possible opinion. (6) Central management within the meaning of this Act is a Community-wide (7) The information and consultation of the European Works Council shall be carried out at the latest at the same time as that of the national workers ' representative bodies. Unofficial table of contents

§ 2 Scope

(1) This Act shall apply to Community-wide undertakings established in the territory of the Community and to Community-scale groups of undertakings established in the domestic territory of the dominant undertaking. (2) The central management is not located in a Member State; however, a subordinate management for establishments or undertakings located in Member States shall apply this law if the downstream management is situated in the territory of the country. If there is no downstream management, the law shall apply if the central management designates an establishment or a company domestiated as its representative. If no representative is appointed, the law shall apply if the holding or undertaking is domesic in which the majority of the undertakings in the undertaking or undertaking of the group of undertakings in the Member States are compared with that of the undertakings in the undertaking workers are employed. (3) Member States within the meaning of this Act are the Member States of the European Union and the other States Parties to the Agreement on the European Economic Area. (4) For the purposes of calculation the number of employees employed in Germany (§ 4), the right to receive information (§ 5 (2) and (3)), the determination of the dominant undertaking (§ 6), the forwarding of the application (Article 9 (2) sentence 3), the joint and several liability of the employee Employer (§ 16 (2)), the order of the country falling within the territory of the country Employee representatives (§ § 11, 23 (1) to 5 and § 18 (2) in conjunction with § 23) and the protective provisions applicable to them (§ 40) as well as for the report to the local employee representatives in Germany (§ 36 paragraph 2) apply this Law, even if the central management is not domestic. Unofficial table of contents

§ 3 Community-wide activity

(1) A company operates throughout the Community if at least 1 000 employees are employed in the Member States and at least 150 employees in at least two Member States. (2) A group of companies is Community-wide. if it employs at least 1 000 workers in the Member States and has at least two undertakings established in different Member States, each of which shall have at least 150 employees in different Member States . Unofficial table of contents

Section 4 Calculation of the number of employees

In enterprises and enterprises in the country of the country, the number of employees to be taken into account in the context of § 3 shall be calculated on the basis of the number of employees employed on average over the last two years within the meaning of Article 5 (1) of the Operating constitutional law. The date on which the central management takes the initiative to form the special negotiating body or the central management shall be subject to the conditions set out in Article 9 (2) shall be decisive for the commencement of the period referred to in the first sentence of paragraph 1. the application of the employees or their representatives. Unofficial table of contents

§ 5 Claim for information

(1) The central management shall, at the request of a workers ' representative, collect the information necessary for the opening of negotiations to form a European Works Council and shall forward it to the employee representative body. The information required shall include, in particular, the average total number of workers and their distribution to the Member States, undertakings and undertakings, and the structure of the undertaking or group of undertakings. (2) A works council or an overall works council may invoke the claim referred to in paragraph 1 with respect to the local management or company management, which is obliged to provide the necessary information and documents with the central management board (3) Any management of a company of a Community-wide Group of companies and the central management shall be obliged to collect and make available the information referred to in paragraph 1. Unofficial table of contents

§ 6 Herrschendes Company

(1) A company which belongs to a Community-wide group of companies is a dominant undertaking if it directly or indirectly affects another undertaking in the same group (dependent undertaking) (2) A dominant influence shall be presumed if a company directly or indirectly with regard to another undertaking
1.
may appoint more than half of the members of the management, management or supervisory body of the other undertaking; or
2.
has the majority of the voting rights attaching to shares in the other undertaking, or
3.
the majority of the subscribed capital of that undertaking.
Where a number of undertakings fulfil one of the criteria set out in the first and third sentences of the first subparagraph, the dominant undertaking shall be determined in accordance with the order of precedence. (3) In the application of paragraph 2, the right of vote and the right of appointment shall be: (4) Company shall be added to the rights of all undertakings dependent on it and of all natural or legal persons acting on their own behalf but on behalf of the undertaking or of a company dependent on it. (4) Investment and investment companies within the meaning of Article 3 (5) (a) or c of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 327, 30.11.2004, p. 1) do not constitute a dominant undertaking in relation to any other undertaking in which they hold shares, but they are not involved in the management of such shares. Unofficial table of contents

Section 7 European Works Council in groups of undertakings

If one or more Community-scale undertakings belong to a Community-wide group of undertakings, a European Works Council shall be established only with the dominant undertaking, unless otherwise agreed.

Part two
Special negotiating body

Unofficial table of contents

§ 8 Task

(1) The special negotiating body has the task of concluding an agreement with the central management on cross-border information and consultation of employees. (2) The central management has the special negotiating body. (3) The central management and the special negotiating body shall cooperate in a trusting manner. The timing, frequency and location of the negotiations shall be determined by mutual agreement between the central management and the special negotiating body. Unofficial table of contents

§ 9 Education

(1) The formation of the special negotiating body shall be requested by the employees or their representatives in writing at the central management or shall be carried out on the initiative of the central management. (2) The application shall be effective if it is submitted by: at least 100 employees or their representatives from at least two establishments or undertakings situated in different Member States and which are responsible for the central management. If a number of applications are made, the signatures shall be counted together. If an application is submitted to a domestic company or company management, it shall forward the application immediately to the central management and inform the applicant thereof. (3) The central management shall have the following information: Applicants, local operating or corporate management, the employee representatives present there, and trade unions represented in domestic companies, through the formation of a special negotiating body and its Composition to be taught. Unofficial table of contents

§ 10 Composition

(1) For each share of workers employed in a Member State, which represents 10 per cent of the total number of employees of the Community-scale undertakings or groups of undertakings employed in all the Member States, or a fraction of the total number of workers employed in all of which, a member of that Member State shall be seconded to the special negotiating body. (2) Spare members may be appointed. Unofficial table of contents

Section 11 Order of domestic workers ' representatives

(1) The members of the special negotiating body which are subject to the provisions of this Act or to the law of another Member State shall be appointed by the General Works Council in Community-wide undertakings (Article 47 of the Works Constitution Act). Where there is only one works council, it shall appoint the members of the special negotiating body. (2) The members of the special negotiating body referred to in the first sentence of paragraph 1 shall be appointed in Community-wide groups of undertakings Group Works Council (§ 54 of the German Works Constitution Act). If, in addition to the Group Works Council, there is a total works council or works council not represented in it, the Group Works Council shall be extended to include its chairman and its deputy; the chairpersons and their deputies shall apply in this respect. (3) If no group works council exists, the members of the special negotiating body referred to in the first sentence of paragraph 1 shall be appointed as follows:
a)
If there are several works councils, the members of the special negotiating body shall be appointed at a joint meeting of the General Works Councils, to which the General Works Council Chairman shall be appointed according to the number of employees entitled to vote to invite the largest domestic company. If, in addition, there is at least one works council which is not represented in the total works councils, the chairman of the works council and his deputy are to be invited to this meeting; they shall be considered to be total members of the works council.
b)
If, in addition to a General Works Council, there is at least one works council not represented in it, the General Works Council shall be extended to include the Chairman of the Works Council and its Deputy Chairman; the Chairman of the Works Council and his Deputy Chairman shall be considered as total members of the Works Council. The General Works Council shall appoint the members of the special negotiating body. If there is only one General Works Council, it shall appoint the members of the special negotiating body.
c)
If several works councils exist, the members of the special negotiating body shall be appointed at a joint meeting to which the chairman of the works council of the largest domestic holding in accordance with the number of employees entitled to vote shall be appointed has to be loaded. The chairpersons of the works council and their substitutes are entitled to participate in this meeting; § 47 (7) of the German Works Constitution Act applies accordingly.
d)
If there is only one works council, it shall appoint the members of the special negotiating body.
(4) The employees referred to in § 5 (3) of the Works Constitution Act may also be appointed members of the special negotiating body. (5) Women and men shall be appointed according to their numerical ratio. Unofficial table of contents

Section 12 Information on the members of the special negotiating body

The central management shall be notified without delay of the names of the members of the special negotiating body, their addresses and their respective operational affiliation. The central management shall inform the local operating or corporate management, the employees ' representative offices there, as well as the trade unions represented in domestic companies, of this information. Unofficial table of contents

Section 13 Meetings, Rules of Procedure, Experts

(1) The central management shall invite, immediately after the appointment of the members, the constituent meeting of the special negotiating body, and shall inform the local operating or corporate management bodies. The central management shall at the same time inform the relevant European trade unions and employers ' associations of the start of the negotiations and of the composition of the special negotiating body in accordance with Article 12, sentence 1. The special negotiating body shall elect a chairman from among its members and may give its own rules of procedure. (2) Before and after each negotiation with the central management, the special negotiating body shall have the right to hold a meeting (3) Decisions of the special negotiating body shall be taken by a majority of the votes of its members, unless otherwise specified in this Act. (4) The special negotiating body shall be subject to the following conditions: The negotiating body may be supported by experts of its choice, in so far as it is necessary for the proper performance of its tasks. Experts may also be representatives of trade unions. The experts and trade union representatives may, at the request of the special negotiating body, participate in the negotiations in a consultative manner. Unofficial table of contents

Section 14 involvement of employee representatives from third countries

Where the central management and the special negotiating body agree to extend the agreement to be negotiated in accordance with Section 17 to establishments or undertakings not located in a Member State (third country), they may agree to: to include representatives of employees from these States in the special negotiating body and to determine the number of members who are members of the respective third country and their legal status. Unofficial table of contents

Section 15 Decision on termination of negotiations

1.The special negotiating body may decide not to open or terminate negotiations with at least two-thirds of its members ' votes. The decision and the result of the vote shall be recorded in a minutes which shall be signed by the chairman and another member. A copy of the minutes shall be assigned to the central management. (2) A new request for the formation of a special negotiating body (§ 9) may not be made at the earliest two years after the decision referred to in paragraph 1, provided that the special The negotiating body and the central management will not set a shorter deadline in writing. Unofficial table of contents

Section 16 Costs and expenses

(1) The costs arising from the formation and activity of the special negotiating body shall be borne by the central management. Where experts are involved in accordance with Article 13 (4), the obligation to pay costs shall be limited to an expert. The central management shall provide rooms, factual means, interpreters and office staff for the meetings to the required extent, as well as the necessary travel and subsisting expenses of the members of the special negotiating body. (2) The employer of a member of the special negotiating body posted from the country shall be liable, in addition to the central management, for his entitlement to reimbursement of expenses as a total debtor.

Part Three
Agreements on cross-border information and consultation

Unofficial table of contents

§ 17 Freedom of design

The central management and the special negotiating body may freely agree on the way in which the cross-border information and consultation of workers is organised; they are not bound by the provisions of the fourth part of this Act. The agreement shall cover all workers employed in the Member States where the undertaking or group of undertakings has a holding. The parties shall agree on whether the cross-border information and consultation by the establishment of a European Works Council or a number of European Works Councils pursuant to Article 18 or by a procedure for informing and consulting the workers in accordance with § 19. Unofficial table of contents

Section 18 European Works Council by agreement

(1) If a European Works Council is to be established, it shall be agreed in writing as to how it shall be designed. In particular, the following rules shall be laid down:
1.
the name of the establishments and undertakings covered, including branches situated outside the territory of the Member States, provided that they are included in the scope of application;
2.
the composition of the European Works Council, the number of members, the replacement members, the distribution of seats and the term of office,
3.
The tasks and powers of the European Works Council and the procedure for informing and consulting the European Works Council; this procedure may be based on the rights of participation of national workers ' representatives, in so far as their rights are not shall be affected,
4.
the place, frequency and duration of the meetings,
5.
the establishment of a Committee of the European Works Council, including its composition, the appointment of its members, its powers and its functioning,
6.
the financial and material resources to be made available to the European Works Council;
7.
Clause adapting the agreement to structural changes, the period of validity of the agreement and the procedure to be followed in its renegotiation, amendment or dismissal, including a transitional arrangement.
(2) § 23 shall apply accordingly. Unofficial table of contents

Section 19 Procedure for information and consultation

In order to establish a procedure for informing and consulting employees, it is necessary in writing to agree on the conditions under which workers ' representatives have the right to discuss together the information provided to them, and how they can discuss their proposals or concerns with the central management or any other appropriate management level. The information must cover, in particular, cross-border issues which have a significant impact on the interests of workers. Unofficial table of contents

Section 20 Transitional provision

An agreement in accordance with § 18 or § 19 shall continue to apply if the right of application or the right of initiative has been exercised in accordance with Section 9 (1) before its termination. The right of application may also apply to an employee representative body, which is based on an agreement. The continuation shall end if the agreement is replaced by a new agreement or a European Works Council has been established by law. The continuation shall end even if the special negotiating body takes a decision in accordance with Article 15 (1); Article 15 (2) shall apply accordingly. Sentences 1 to 4 shall not apply if a transitional arrangement is included in the existing agreement.

Fourth part
European Works Council by law

First section
Establishment of the European Works Council

Unofficial table of contents

Section 21 Conditions

(1) If the central management refuses to open negotiations within six months after the application (§ 9), a European Works Council shall be established in accordance with § § 22 and 23. The same shall apply if no agreement is reached in accordance with § 18 or § 19 within three years of the application, or if the central management and the special negotiating body declare the early failure of the negotiations. The provisions of sentences 1 and 2 shall apply mutaly if the formation of the special negotiating body is carried out on the initiative of the central management. (2) A European Works Council shall not be established if the special negotiating body before the expiry of the (1) shall take a decision in accordance with Article 15 (1). Unofficial table of contents

Section 22 Composition of the European Works Council

(1) The European Works Council shall consist of employees of the Community-wide undertaking or the Community-wide group of undertakings. (2) For each share of workers employed in a Member State, which represents 10 per cent of the total number of employees of the Community-wide undertakings employed in all Member States, or A member of that Member State shall be seconded to the European Works Council by a group of undertakings or a fraction thereof. Unofficial table of contents

Section 23 Order of domestic workers ' representatives

(1) The members of the European Works Council which are subject to the provisions of this Act or to the law of another Member State shall be the members of the European Works Council employed in Community-wide undertakings by the General Works Council (§ 47 of the Operating constitutional law). If there is only one works council, it shall appoint the members of the European Works Council. (2) The members of the European Works Council referred to in the first sentence of paragraph 1 shall be appointed by the Group Works Council in Community-wide groups of undertakings (§ § 2). 54 of the Works Constitution Act). If, in addition to the Group Works Council, there is a total works council or works council not represented in it, the Group Works Council shall be extended to include its chairman and its deputy; the chairpersons and their deputies shall apply in this respect. (3) If no group works council exists, the members of the European Works Council referred to in the first sentence of paragraph 1 shall be appointed as follows:
a)
If there are several works councils, the members of the European Works Council shall be appointed at a joint meeting of the General Works Councils, to which the General Works Council Chairman shall be appointed according to the number of employees entitled to vote. to invite the largest domestic company. If, in addition, there is at least one works council which is not represented in the total works councils, the chairman of the works council and his deputy are to be invited to this meeting; they shall be considered to be total members of the works council.
b)
If, in addition to a General Works Council, there is at least one works council not represented in it, the General Works Council shall be extended to include the Chairman of the Works Council and its Deputy Chairman; the Chairman of the Works Council and his Deputy Chairman shall be considered as total members of the Works Council. The General Works Council appoints the members of the European Works Council. If there is only one General Works Council, it shall appoint the members of the European Works Council.
c)
If several works councils exist, the members of the European Works Council shall be appointed at a joint meeting to invite the Chairman of the Works Council of the largest domestic establishment according to the number of employees entitled to vote. . The chairpersons of the works council and their substitutes are entitled to participate in this meeting; § 47 (7) of the German Works Constitution Act applies accordingly.
d)
If there is only one works council, it shall appoint the members of the European Works Council.
(4) Paragraphs 1 to 3 shall apply in accordance with the convocation. (5) A balanced representation of the workers after their activity should be taken into account as far as possible; women and men shall be treated in accordance with their numerical proportions. (6) The competent spokesperson's committee of a Community-wide undertaking or a group of companies active throughout the Community, with the head office of the central management within the country, may be one of the persons referred to in Article 5 (3) of the Employees of the Works Constitution Act, who are responsible for the right to attend meetings for information and consultation of the European Works Council, provided that at least five domestic representatives are posted in accordance with Article 22 (2). Section 35 (2) and section 39 shall apply accordingly. Unofficial table of contents

Section 24 Information on the members of the European Works Council

The central management shall be notified without delay of the names of the members of the European Works Council, their addresses and their respective operational affiliation. The central management shall inform the local operating or corporate management, the employees ' representative offices there, as well as the trade unions represented in domestic companies, of this information.

Second section
Management of the European Works Council

Unofficial table of contents

Section 25 Constituting session, Chairman

(1) The central management shall invite the constituent meeting of the European Works Council without delay after the appointment of the members. The European Works Council shall elect a chairman and his deputy from among its members. (2) The Chairman of the European Works Council or, in the case of his prevention, the European Works Council shall represent the European Works Council within the framework of the decisions taken by him. In order to receive statements to be made to the European Works Council, the Chairman shall be entitled, or in the event of his/her prevention, to the Deputy. Unofficial table of contents

Section 26 Committee

The European Works Council shall form a committee from among its members. The committee shall consist of the chairman and at least two, at most four other members of the committee to be elected. The other committee members are to be employed in different Member States. The Committee shall conduct the current operations of the European Works Council. Unofficial table of contents

Section 27 Meetings

(1) The European Works Council shall have the right, in connection with the information provided by the central management in accordance with § 29, to carry out a meeting and to invite it to the meeting. The same shall apply in the case of information on exceptional circumstances in accordance with § 30. The time and place of the meetings shall be coordinated with the central management. With the agreement of the central management, the European Works Council may carry out further meetings. The meetings of the European Works Council are not open to the public. (2) Paragraph 1 shall apply mutatily to the Committee's exercise of the rights of participation of the European Works Council pursuant to § 26. Unofficial table of contents

Section 28 Decisions, Rules of Procedure

The decisions of the European Works Council shall be taken by a majority of the votes of the members present, unless otherwise provided in this Act. Other provisions relating to management shall be laid down in a written procedure which the European Works Council shall decide by a majority of its members.

Third Section
Participation rights

Unofficial table of contents

Section 29 Annual information and consultation

(1) The central management shall have the European Works Council, once in the calendar year, on the development of the business situation and the prospects of the Community-wide undertaking or group of undertakings operating throughout the Community, (2) In particular, the development of the business situation and the prospects referred to in paragraph 1 shall include:
1.
the structure of the undertaking or group of undertakings, as well as the economic and financial situation;
2.
the expected development of the business, production and sales situation,
3.
the employment situation and its probable development,
4.
investment (investment programmes),
5.
fundamental changes to the organization,
6.
the introduction of new working and manufacturing processes,
7.
the transfer of undertakings, businesses or essential parts of operations, as well as the relocations of production,
8.
Mergers or divisions of undertakings or establishments,
9.
the restriction or decommissioning of undertakings, businesses or essential parts of businesses,
10.
Mass redundancies.
Unofficial table of contents

Section 30 Information and consultation

(1) In exceptional circumstances or decisions which have a significant impact on the interests of the employees, the central management shall inform the European Works Council in good time on the submission of the necessary documents and to listen to it on request. Exceptional circumstances shall apply in particular:
1.
the transfer of undertakings, businesses or essential parts of operations;
2.
the decommissioning of undertakings, businesses or essential parts of operations,
3.
Mass redundancies.
(2) If a committee is in accordance with paragraph 26, it shall be replaced by the European Works Council pursuant to the first sentence of paragraph 1. Article 27 (1) sentences 2 to 5 shall apply accordingly. The meetings of the Committee shall also invite those members of the European Works Council who have been appointed to the establishments or undertakings which are directly affected by the measures or decisions to be taken; shall be considered as members of the Committee. Unofficial table of contents

§ 31 Tendence Companies

Only § 29 (2) (5) shall apply to companies and dominant companies of groups of undertakings which are directly and primarily serving the provisions or purposes referred to in Article 118 (1), first sentence, points 1 and 2 of the Operating Constitution Act. up to 10 and § 30, subject to the proviso that information and consultation must be provided only on the compensation or the alleviation of the economic disadvantages suffered by employees as a result of changes in the company or company's business.

Fourth Section
Change of composition, transition to an agreement

Unofficial table of contents

§ 32 Duration of membership, reappointment of members

(1) The duration of the membership of the European Works Council shall be four years if it does not end prematurely by convening or for other reasons. The membership begins with the order. (2) Every two years, from the date of the constituent meeting of the European Works Council (§ 25 (1)), the central management has to examine whether the employees ' numbers in the individual Member States shall have altered the composition of the European Works Council in accordance with Article 22 (2). It shall communicate the results to the European Works Council. If, after that, a different composition of the European Works Council is required, it shall arrange for the members of the European Works Council to be re-appointed in the Member States in which the members of the European Works Council are reappointed. the number of employees 'representatives differing from the previous period, and the reappointment of workers' representatives from those Member States to the European Works Council shall cease. The rates 1 to 3 shall apply in accordance with the consideration of a Member State not previously represented in the European Works Council. Unofficial table of contents

Section 33 Reception of negotiations

Four years after the constituent meeting (Article 25 (1)), the European Works Council shall, acting by a majority of its members, take a decision on whether to negotiate an agreement with the central management pursuant to Section 17 . If the European Works Council decides to open negotiations, it shall have the rights and obligations of the special negotiating body; § § 8, 13, 14 and 15 (1) as well as § § 16 to 19 shall apply accordingly. The Office of the European Works Council shall end when an agreement has been concluded in accordance with Section 17.

Fifth Part
Common provisions

Unofficial table of contents

Section 34 Confidence in cooperation

The central management and the European Works Council cooperate in a spirit of trust for the benefit of the employees and of the company or group of companies. The first sentence shall be applicable to cooperation between central management and employee representatives in the context of a procedure for information and consultation. Unofficial table of contents

§ 35 Confidentiality, confidentiality

(1) The duty of the central management to inform about the matters agreed pursuant to § § 18 and 19 or the matters arising from § § 29 and 30 (1) shall only exist, insofar as this does not result in business or trade secrets of the (2) The members and the replacement members of a European Works Council shall be obliged to keep the secrets of business or business that are due to them on the basis of their membership of the European Works Council has become known and is expressly referred to by the central management as have been called in need of secrecy, not to be disclosed and not to be used. This also applies after the departure from the European Works Council. The obligation shall not apply to members of a European Works Council. It shall also not apply to the local employees ' representatives of the establishments or undertakings where they are informed of the content of the sub-directions and the results of the hearings by an agreement pursuant to Article 18 or Article 36 of this Article. , the employees ' representatives on the Supervisory Board, as well as against interpreters and experts who are consulted. (3) The duty of confidentiality referred to in the first and second sentences of paragraph 2 shall apply mutadentially.
1.
the members and replacement members of the special negotiating body,
2.
workers ' representatives in the context of a procedure for information and consultation (§ 19);
3.
the experts and interpreters, and
4.
the local workers ' representatives.
(4) The exceptions to the obligation of confidentiality referred to in the third and fourth sentences of paragraph 2 shall apply by analogy to:
1.
the special negotiating body for experts and interpreters,
2.
workers 'representatives in the context of an information and consultation procedure for interpreters and experts who are to be consulted in accordance with the agreement and to local workers' representatives, provided that: to be informed in accordance with the agreement (§ 19) of the content of the sub-directions and the results of the hearings.
Unofficial table of contents

Section 36 Information to local workers ' representatives

(1) The European Works Council or the Committee (Section 30 (2)) shall report to the local employee representatives or, if they do not exist, the employees of the establishments or undertakings on the information and consultation. (2) The Member of the The European Works Council or the Committee, which reports to the local employee representatives in the country, has the report at a joint meeting in establishments or undertakings in which the spokespersons ' committees of the senior employees exist. within the meaning of Section 2 (2) of the Speaker's Committee on the Spree of the Speaker. This shall not apply where a employee of the European Works Council has participated in the meeting of the European Works Council in accordance with section 23 (6) of this Article. If the report referred to in paragraph 1 is only reimbursed in writing, it shall also be forwarded to the relevant spokesperson's committee. Unofficial table of contents

Section 37 Essential structural change

(1) The structure of the Community-wide undertaking or the Community-wide group of undertakings shall change substantially and shall not be subject to any arrangements in existing agreements, or shall be contrary to them, the central body shall: The negotiation of an agreement pursuant to § 18 or § 19 on the basis of or at the request of the employees or their representatives (§ 9 paragraph 1). Major structural changes within the meaning of the first sentence shall apply in particular:
1.
Merger of undertakings or groups of undertakings,
2.
Division of undertakings or the group of undertakings,
3.
transfer of undertakings or of the group of undertakings to another Member State or third country or decommissioning of undertakings or of the group of undertakings,
4.
Transfer or decommissioning of establishments, insofar as they may have an impact on the composition of the European Works Council.
(2) By way of derogation from § 10, any European works council affected by the structural change shall send three other members to the special negotiating body from its centre. (3) For the duration of the negotiation, each of the structural changes shall remain unchanged. European Works Council concerned up to the establishment of a new European Works Council (Transitional Mandate). With the central management, it is possible to agree on the provisions and the composition of the transitional mandate. If there is no agreement with the central management pursuant to the second sentence, the transitional mandate shall be exercised by the relevant European Works Council in accordance with the rules applicable to it within the undertaking or group of undertakings. The transitional mandate also ends when the special negotiating body takes a decision pursuant to § 15 (1). (4) If there is no agreement pursuant to § 18 or § 19, in the cases of § 21 (1), a European Works Council is required in accordance with § § 22 and 23. Unofficial table of contents

§ 38 Training

(1) The European Works Council may appoint members to participate in training and educational events to the extent that such knowledge imparts knowledge necessary for the work of the European Works Council. The European Works Council shall communicate the participation and timing in good time to the central management. In determining the time situation, the operational needs must be taken into account. The European Works Council may delegate the tasks referred to in this paragraph to the Committee referred to in Article 26. (2) The special negotiating body and its members shall be subject to the provisions of the first sentence of paragraph 1 to 3. Unofficial table of contents

Section 39 Costs, expenses and experts

(1) The costs arising from the formation and activity of the European Works Council and of the Committee shall be borne by the central management. The central management shall, in particular for meetings and day-to-day management, require rooms, factual resources and office staff to be provided with interpreters for meetings. It shall bear the necessary travel and subsisting expenses of the members of the European Works Council and of the Committee. The European Works Council and the Committee may be supported by experts of their choice, in so far as this is necessary for the proper performance of their tasks. Experts may also be representatives of trade unions. Where experts are involved, the obligation to pay costs shall be limited to an expert, unless an agreement in accordance with § 18 or § 19 provides otherwise. Unofficial table of contents

Section 40 Protection of domestic workers ' representatives

(1) For the members of a European Works Council, which are employed domestiy, § 37 (1) to (5) and § § 78 and 103 of the Works Constitution Act as well as § 15 (1) and (3) to (5) of the Termination Protection Act shall apply accordingly. § 37 (6) sentence 1 and 2 of the German Works Constitution Act shall apply mutatily to the training required in accordance with § 38. (2) Paragraph 1 shall apply mutatily to the members of the special negotiating body and to the employees ' representatives within the framework of a further training programme. Procedure for information and consultation.

Sixth Part
Existing agreements

Unofficial table of contents

Section 41 Continuation

(1) The companies and groups of undertakings referred to in § § 2 and 3, in which there is an agreement on cross-border information and consultation prior to 22 September 1996, shall be subject to the provisions of this law except in the cases of § § § § 2 and § 3. 37 shall not apply as long as the agreement is effective. The agreement shall cover all workers employed in the Member States and shall enable workers from those Member States to participate appropriately in the information and consultation in which the undertaking shall be: (2) The application of paragraph 1 shall not prevent the agreement on the part of the employees from having been concluded only by an employee representation provided for in the Works Constitution Act. The same shall apply where several agreements have been concluded for a company or group of undertakings instead of an agreement. (3) The conditions set out in paragraph 1 are therefore not fulfilled because the conditions referred to in the first sentence of paragraph 1 are not fulfilled. (4) Existing agreements may also be made in accordance with the date referred to in the first sentence of the first paragraph of paragraph 1, changes in the structure of the company or group of companies and the number of (5) If an agreement has been concluded on a fixed-term basis, the parties may continue to act in accordance with the provisions of the following paragraphs: 1, 3 and 4. (6) An agreement shall continue to apply if the right of application or right of initiative has been exercised in accordance with Section 9 (1) prior to termination. The right of application may also apply to an employee representative body, which is based on the agreement. The continuation shall end if the agreement has been replaced by a cross-border information and consultation pursuant to § 18 or § 19 or a European Works Council has been established by law. The continuation shall end even if the special negotiating body takes a decision in accordance with Article 15 (1); § 15 (2) applies accordingly. (7) On companies and groups of undertakings which are due to be taken into account in the United Kingdom The Kingdom of Great Britain and Northern Ireland for the first time comply with the conditions set out in § § 2 and 3, the provisions of this Act are not applicable except in the cases of § 37, if in these companies and groups of undertakings, before 15 December 1999, an agreement on cross-border Information and consultation. Paragraphs 1 to 6 shall apply by analogy. (8) On the undertakings and groups of undertakings referred to in § § 2 and 3, in which an agreement on cross-border information and consultation is concluded between 5 June 2009 and 5 June 2011 , except in the cases of § 37, the provisions of this Act shall be signed or revised in the version of the 28. October 1996 (BGBl. I p. 1548, 2022), as last amended by Article 30 of the Law of 21 December 2000 (BGBl. I p. 1983). If an agreement has been concluded on a fixed-term basis in accordance with the first sentence, the parties may decide to continue as long as the agreement is effective; paragraph 4 shall apply accordingly.

Seventh Part
Special provisions, penal and fine rules

Unofficial table of contents

Section 42 Protection and activity protection

No one may
1.
the formation of the special negotiating body (§ 9) or the establishment of a European works council (§ § 18, 21 (1)) or the introduction of a procedure for information and consultation (§ 19), or by adding or threatening the influence the disadvantages or the granting or promise of benefits;
2.
obstruct or disrupt the activities of the special negotiating body, a European works council or the employee representatives in the context of a procedure for information and consultation; or
3.
a member or a substitute member of the special negotiating body or a European works council or an employee representative within the framework of an information and consultation procedure for the sake of his activity shall be subject to or favourable to the activities of the negotiating body.
Unofficial table of contents

Section 43 Criminal law

(1) With a custodial sentence of up to two years or a fine, he shall be punished who, contrary to § 35 (2) sentence 1 or 2, also in connection with paragraph 3, evaluates an operating or business secrecy. (2) The act is pursued only upon request. Unofficial table of contents

Section 44 Criminal Code

(1) With a custodial sentence of up to one year or a fine shall be punished, who
1.
Contrary to Article 35 (2), sentence 1 or 2, also in connection with paragraph 3, an operating or business secrecy is disclosed or
2.
a provision of section 42 on the establishment of the bodies referred to therein or the introduction of the procedure referred to therein, the activities of the bodies referred to therein or the employee representatives, or the discrimination or favouritism of a A member or a substitute member of the bodies mentioned there or an employee representative.
(2) Where the offender is in the cases referred to in paragraph 1 (1) against payment or in the intent to enrich himself or another or to harm another, the penalty shall be a custodial sentence of up to two years or a fine. (3) The deed shall only be on request. In the cases referred to in paragraph 1, point 2, the special negotiating body, the European Works Council, the majority of the employees ' representatives in the context of a procedure for information and consultation, the central management or a holding in operation shall be the trade union is entitled to claim. Unofficial table of contents

Section 45 Penbual provisions

(1) The offence is unlawful.
1.
Contrary to § 5 (1), the information does not, not correct, not complete or not be collected or forwarded in time, or
2.
, contrary to § 29 (1) or 30 (1) sentence 1 or paragraph 2, sentence 1, the European Works Council or the Committee according to § 26 shall not be informed, not correct, not in full, in the prescribed manner or not in due time.
(2) The administrative offence can be punished with a fine of up to fifteen thousand euros.