Law On European Works Councils

Original Language Title: Gesetz über Europäische Betriebsräte

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Read the untranslated law here: http://www.gesetze-im-internet.de/ebrg/BJNR154810996.html

Law on European works councils (European Works Councils Act - EBRG) EBRG Ausfertigung date: 28.10.1996 full quotation: "European Works Councils Act as amended by the notice of 7 December 2011 (Federal Law Gazette I p. 2650)" stand: Neugefasst by BEK. v. review I 2650 for more information on the stand number you find in the menu under notes *) this law is the implementation of the 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 for the information and consultation of workers in Community-scale undertakings and groups of companies (OJ OJ L 122 of the 16.5.2009, p. 28).
Footnote (+++ text detection from: 1.11.1996 +++) (+++ official notes of the standard authority on EC law: implementation of EGRL 38/2009 (CELEX Nr: 32009 L 0038) cf. BEK. v. review I 2650 +++) Law 1 d. G v. 28.10.1996 was adopted as article I 1548 (EBRGEG) by the German Bundestag and entered into force article 3 of this G on the 1.11.1996 according.
Part I General provisions section 1 cross-border information and consultation (1) to strengthen the right to transnational information and consultation of workers in community-wide companies and groups of companies will be European works councils or agreed procedure for the information and consultation of workers. It will not be an agreement, a European Works Council law is built.
(2) the European Works Council is responsible in matters which concern the community-wide working group total or at least two farms, the community-wide companies or two companies in different Member States. The European Works Council in such matters is responsible in companies and groups of companies according to § 2 paragraph 2, covering the territory of the Member States, insofar as no greater scope is agreed.
(3) the transnational information and consultation of workers stretches in a company on all companies in a Member State, as well as in a group of companies on all companies that have their headquarters in a Member State, insofar as no greater scope is agreed.
(4) information within the meaning of this Act may refer to the transmission of information by the central management or another appropriate management level to the workers representatives, to give them opportunity for awareness and consideration of treated. The information shall be made at a time, in a manner and in a shaping content that are appropriate to the purpose and allow employee representatives to assess the possible impact and, where appropriate, consultations with the competent organ of the community-wide undertaking or the community-wide working group to prepare.
(5) consultation within the meaning of this Act referred to the exchange of opinions and the establishment of dialogue between employee representatives and the Central Board or another appropriate management level at a time, in a way a shaping content, allowing the employee representatives on the basis of the information received within a reasonable period to the proposed measures, which are the subject of the hearing , to give an opinion which can be taken into account within the community-wide undertaking or the community-wide working group of companies. The hearing must allow the employee representatives to meet with the central management and obtain a reasoned response to any opinion.
(6) central management within the meaning of this law is a community-wide operating company or the dominant company in a community-wide group of companies.
(7) information and consultation of the European Works Council must be at the latest at the same time with the the national employee representatives.

§ 2 scope (1) this Act applies to community-wide companies headquartered in Germany and for community-wide operating groups of companies with headquarters of the dominant company in the domestic.
This Act (2) is the central management in a Member State, however, is a subordinate management for companies in Member States or companies, applies, if the subordinate line domestically. There is no secondary line, the law applies, if the central management shall designate a company or a company in Germany as their representative. No representative is named, the law applies compared to other available to the Member States premises of the company or companies of the group that most workers are employed, if the operation or the company in Germany is located in the. The above points are regarded as central management.
(3) Member States within the meaning of this law are the Member States of the European Union, as well as the other States party to the agreement on the European economic area.
(4) for calculating the number of workers employed in the domestic (section 4), the right to information (§ 5 paragraph 2 and 3), the determination of the dominant company (§ 6), the forwarding of the application (article 9 paragraph 2 sentence 3), the joint and several liability of the employer (article 16 paragraph 2), the order of employee representatives attributable to the domestic (§§ 11, 23 paragraph 1 to 5 and § 18 paragraph 2 in conjunction with section 23) and the applicable safety regulations (§ 40) as well as for the report to the local employee representatives in the This law applies even if the central management not in domestic domestic (§ 36 paragraph 2).

Section 3 community-wide activities (1) a company operates throughout the community, if it employs at least 1 000 workers in the Member States and of at least 150 employees in at least two Member States.
(2) a group of companies operates throughout the community if it employs at least 1 000 workers in the Member States and you belong to at least two undertakings established in different Member States, which employ at least per 150 workers in different Member States.

Article 4 calculation of the number of workers in companies and enterprises of the domestic are calculated as the number of workers to be included in the framework of article 3 according to the number of staff employed during the last two years on average in the sense of § 5 paragraph 1 of the works Constitution Act. The time in which the central management takes the initiative for the formation of the special negotiating body or an application complying with the requirements of article 9, paragraph 2 of the workers or their representatives go to the central leadership is decisive for the start of the period pursuant to sentence 1.

§ 5 request a representative to claim the information required for the opening of negotiations for the formation of a European Works Council information (1) which has a central line and forward to the employee representatives. The required information includes in particular the average total number of employees and their distribution to Member States, companies and establishments, as well as about the structure of the company or group of companies.
(2) a Council or a Central Works Council can make the claim pursuant to paragraph 1 to the local operation or management; This is required to collect the necessary information and documents to the central leadership.
(3) each line of an enterprise of a community-wide group of companies, as well as the central management are required to collect the information referred to in paragraph 1 and to provide.

§ 6 controlling undertaking (1) a company, a community-wide operating the Group heard controlling undertaking is, if it directly or indirectly may exert a dominant influence on another company of same group (dependent company).
(2) a dominant influence is presumed when a company in relation to another undertaking directly or indirectly more than half of the members of the administrative, management or supervisory body of another company can order 1 or 2 on the majority of the voting rights attaching to the shares of the other company has 3 owns the majority of the subscribed capital of the company.
Meet one of several companies in set 1 number of 1 to 3 criteria, is determined the dominant company in accordance with there given precedence.
(3) for the application of paragraph 2, the rights of all dependent companies as well as of all natural or legal persons acting in its own name but for the account of the company or of a dependent company, must be added the voting and nomination rights of a company.
(4) investment and holding companies within the meaning of article 3 paragraph 5 letter a or c of Regulation (EC) number 139 / 2004 of 20 January 2004 on the control of concentrations between undertakings (OJ OJ L 24 of 29.01.2004, p. 1) are not considered controlling undertaking to another company, in which they hold shares, whose leadership they are however not involved.

§ 7 of European works councils in companies group
One or more community-wide companies are members of a community-wide group, a European Works Council only when the dominant company is built, unless otherwise agreed.
Second part of special negotiating body section 8 task (1) that special negotiating body has the task, with the central line to complete an agreement on a cross-border information and consultation of workers.
(2) the central management has to provide all information necessary to perform its tasks the special negotiating body and to provide the necessary documentation.
(3) the central management and the special negotiating body work with confidence. Time, frequency and location of the negotiations be set by mutual agreement between the central management and the special negotiating body.

§ 9 education (1) the formation of the special negotiating body is to apply for the workers or their representatives in writing to the central leadership or on the initiative of the central line.
(2) the request is effective, if it is signed by at least 100 employees or their representatives in at least two companies or companies that are located in different Member States, and goes to the central leadership. Be placed several requests, the signatures are together. Is submitted a request at one domestically this operation or management, it has to forward the application without delay to the central line and to inform the applicant about.
(3) the central management has the applicant, the local operation or management, to inform the existing employee representative bodies, as well as the trade unions represented in domestic establishments over the formation of a special negotiating body and its composition.

Article 10 composition (1) for each share of workers employed in a Member State, which is 10 percent of the total number of employees employed in all the Member States that community amounts to companies or groups of companies, or fraction thereof, a member from the Member States in the special negotiating body sent.
(2) it is possible to order replacement members.

§ 11 ordered order domestic employee representatives (1) that interest members of the special negotiating body are according to this law or the law of another Member State on the workers employed in the country in community-wide companies of the Central Works Council (§ 47 of the works Constitution Act). Consists only of a Works Council, this ordered the members of the special negotiating body.
(2) that set in paragraph 1 be 1 referred to members of the special negotiating body in community-wide groups of companies of the group works Council (§ 54 of the works Constitution Act) ordered. Yet a Central Works Council not represented in it or Works Council, is in addition to the Group employee Council is the joint works Council whose Chairman and to extend their deputies; the Chairman and its Deputy apply insofar as group Betriebsrat member.
(3) there is no group works Council, which are ordered set 1 referred to members of the special negotiating body as follows in paragraph 1: a) existence several General Works Council, be appointed the members of the special negotiating body at a joint meeting of the Central Works Council, to the overall Council Chairman operating the domestic company largest according to the number of eligible workers to invite has which. At least a Works Council not represented in the Central Works Council, is also the Chairman and the Deputy Chairman for this session are to invite; They shall apply in so far as total Betriebsrat member.
b) is in addition to a Central Works Council at least a Works Council is not represented in it, the Central Works Council to the Chairman of the Works Council and his Deputy to expand; the Chairman and his deputy shall apply in so far as total Betriebsrat member. The Central Works Council appoints the members of the special negotiating body. Only a Central Works Council, is this has to appoint the members of the special negotiating body.
c) there are several Councils, the members of the special negotiating body on a joint meeting be ordered, to which the Chairman of the domestic operation largest according to the number of eligible workers to invite has. To participate in this session are the members and their alternates shall be entitled; Article 47 paragraph 7 of the works Constitution Act shall apply mutatis mutandis.
d) is only a Works Council, has ordered that the members of the special negotiating body.
(4) to members of the special negotiating body, also they can be ordered in section 5, paragraph 3, of the works Constitution Act employees referred to.
(5) women and men should be ordered according to their numerical relationship.

§ 12 the names of the members of the special negotiating body are information on the members of the special negotiating body of the Central Board immediately, to communicate their addresses, as well as the respective seniority. The central leadership has the local operational or management to inform the existing employee representative bodies, as well as the trade unions represented in domestic establishments about this information.

§ 13 meetings, rules of procedure, experts (1) the central management without delay after appointing the members to the inaugural meeting of the special negotiating body invites and informs the local operational or management. At the same time, the central management teaches the competent European trade unions and employer associations about the beginning of the negotiations and the composition of the special negotiating body pursuant to § 12 sentence 1. The special negotiating body shall elect a Chairperson from among its members and may give its rules of procedure.
(2) before and after each negotiation with the central line the special negotiating body has the right to perform a session and to invite to this; Article 8, paragraph 3, sentence 2 shall apply accordingly.
(3) the special negotiating body, resolutions unless otherwise defined in this Act, with the majority of its members.
(4) the special negotiating body may allow experts support his choice, as far as this is necessary for the proper performance of his duties. Experts can be also representative of trade unions. Experts and representatives of trade unions can participate in the negotiations, advice at the request of the special negotiating body.

§ 14 involvement of employee representatives from third countries the central management and the special negotiating body agree to extend the to be negotiated according to § 17 agreement on businesses this not in a Member State (non-EU) or enterprises, they can agree to include employee representatives from those States in the special negotiating body and set the number of members attributable to the respective third country as well as their legal status.

§ 15 termination decision which can proceedings (1) the special negotiating body with at least two-thirds of the votes of its members, decide to enter into any negotiations or to terminate them. The decision and the result of the vote are to record in a transcript which is signed by the Chairman and one other Member. A copy of the transcript is to submit to the central leadership.
(2) a new application for formation of a special negotiating body (§ 9) can be placed at the earliest two years after the decision referred to in paragraph 1, unless the special negotiating body and the central management in writing set a shorter time period.

§ 16 costs and administrative expenses (1) the costs incurred by the formation and activities of the special negotiating body is the central management. Experts are consulted according to article 13, paragraph 4, the cost transfer duty is limited to an expert. The central leadership has facilities, material resources, to provide interpreters and Office staff, as well as taking the necessary travel and subsistence costs of the members of the special negotiating body for the sessions in the required amount.
(2) the employer of sent from Germany, a member of the special negotiating body shall be liable in addition to the Central Board for whose entitlement to reimbursement as jointly and severally liable.
Third part of agreements on cross-border information and consultation section 17 freedom
The central management and the special negotiating body free to agree how the transnational information and consultation of workers is designed they are not bound by the provisions of the fourth part of the Act. The agreement must extend to all workers employed in the Member States in which the company or the Group has a farm. The parties agree that whether the cross-border information and consultation should be through the establishment of a European Works Council or several European works councils according to § 18 or a procedure for the information and consultation of workers according to § 19.

§ 18 European Works Council under agreement to be built a European Works Council (1), is writing to agree how it should be structured. This in particular should be regulated: 1. identification of covered establishments and enterprises, including the outside of the territory of the Member States offices, unless they are included in the scope, 2. composition of the European Works Council, number of members, alternate members, seat distribution and tenure, 3. tasks and powers of the Council the procedures for its information and consultation; This procedure can be adapted on the participation rights of the national employee representatives, as far as this whose rights are not compromised, 4. venue, frequency and duration of meetings, 5. the establishment of a Committee of the European Works Council, including its composition, ordering its members, its powers and functioning, 6 for the European Works Council to provide to the financial and material resources, 7 clause amending the agreement on structural changes , the period of validity of the agreement and the applicable for their renegotiation, modification or termination procedure, including a transitional regime.
(2) § 23 shall apply mutatis mutandis.

Article 19 procedures for information and consultation set introduces a procedure for the information and consultation of workers, is to agree on the conditions under which the employee representatives have the right to consult the information together and how they can discuss their suggestions or concerns with the Central Board or other appropriate management level in writing. The briefing must extend in particular on cross-border issues which have significant implications for the interests of workers.

§ 20 transitional provision an agreement existing under section 18 or section 19 applies continue if before its completion the application or right of initiative is exercised pursuant to section 9, paragraph 1. Also an employee representation body existing on the basis of an agreement may exercise the right to apply. The continued application ends if the agreement is replaced by a new agreement or set up a European Works Council law. The continuity ends, even if the special negotiating body takes a decision pursuant to section 15 paragraph 1; Article 15, paragraph 2 shall apply mutatis mutandis. Sentences 1 to 4 shall not apply, if a transitional arrangement is included in the existing agreement.
Fourth part of European Works Council law first section establishment of the European Works Council article 21 conditions (1) denied the central management negotiations six months after the submission (section 9), is a European Works Council in accordance with the articles 22 and 23 to build. The same applies when three years after submission of no agreement is reached after article 18 or article 19 or the central management and the special negotiating body tell the premature failure of the negotiations. Sentences 1 and 2 shall apply mutatis mutandis if the formation of the special negotiating body is carried out on the initiative of the central line.
(2) a European Works Council is not to build, if the special negotiating body before the expiry of the periods referred to in paragraph 1 shall a decision according to article 15, paragraph 1.

Article 22 composition of the European Works Council (1) which sets European Works Council of employees of the community-wide undertaking or the community-wide working group together. Replacement members may be called.
(2) for each share of workers employed in a Member State, which is 10 percent of the total number of employees employed in all the Member States of Community-wide companies or groups of companies or fraction thereof, a member from the Member States in the European Works Council will be sent.

Article 23 ordered order domestic employee representatives (1) that interest members of the European Works Council are according to this law or the law of another Member State on the workers employed in the country in community-wide companies of the Central Works Council (§ 47 of the works Constitution Act). Consists only of a Works Council, this ordered the members of the European Works Council.
(2) that set in paragraph 1 be 1 referred to members of the European Works Council in community-wide groups of companies of the group works Council (§ 54 of the works Constitution Act) ordered. Yet a Central Works Council not represented in it or Works Council, is in addition to the Group employee Council is the joint works Council whose Chairman and to extend their deputies; the Chairman and its Deputy apply insofar as group Betriebsrat member.
(3) there is no group works Council, which are ordered set 1 referred to members of the European Works Council as follows in paragraph 1: a) existence several General Works Council, be appointed the members of the European Works Council at a joint meeting of the Central Works Council, to the overall Council Chairman operating the domestic company largest according to the number of eligible workers to invite has which. At least a Works Council not represented in the Central Works Council, is also the Chairman and the Deputy Chairman for this session are to invite; They shall apply in so far as total Betriebsrat member.
b) is in addition to a Central Works Council at least a Works Council is not represented in it, the Central Works Council to the Chairman of the Works Council and his Deputy to expand; the Chairman and his deputy shall apply in so far as total Betriebsrat member. The Central Works Council appoints the members of the European Works Council. Only a Central Works Council, is this has to appoint the members of the European Works Council.
c) there are several Councils, order the members of the Council on a joint meeting, to which the Chairman of the domestic operation largest according to the number of eligible workers to invite has. To participate in this session are the members and their alternates shall be entitled; Article 47 paragraph 7 of the works Constitution Act shall apply mutatis mutandis.
d) is only a Works Council, has ordered that the members of the European Works Council.
(4) paragraphs 1 to 3 shall apply mutatis mutandis for the dismissal.
(5) a balanced representation of employees by their activity should be taken into account as far as possible; Women and men should be ordered according to their numerical relationship.
(6) the competent speakers Committee Panel of undertaking community-wide or community-wide corporate group based the central leadership in domestic can determine one of the employees referred to in section 5, paragraph 3, of the works Constitution Act that participates with speaking rights in the sessions for the information and consultation of the European Works Council, unless at least five domestic representatives pursuant to article 22, paragraph 2. Article 35, paragraph 2, and section 39 shall apply mutatis mutandis.

§ 24 briefing about the members of the Council of the central line are to immediately report the names of the members of the European Works Council, their addresses, as well as the respective seniority. The central leadership has the local operational or management to inform the existing employee representative bodies, as well as the trade unions represented in domestic establishments about this information.
Second section Executive Board of the European Works Council § 25 constituent meeting, Chairman (1) that loads central management immediately after appointing the members to the inaugural meeting of the European Works Council a. The European Works Council elects from among its members a Chairman and his Deputy.
(2) the Chairman of the European Works Council or in case of his absence, the Deputy representing the European Works Council in the framework of the decisions taken by him. To receive statements, the European Works Council to submit to are, is the Chairman or shall be entitled in the event of his incapacitation, the Vice-Chairman.

Article 26 Committee forms the European Works Council from among its members a Committee. The Committee consists of the Chairman and at least two, not more than four other voting members of the Committee. The other members of the Committee should be employed in different Member States. The Committee leads the day-to-day of the European Works Council.

§ 27 sessions
(1) the European Works Council has the right to conduct a session in connection with the briefing by the central leadership according to § 29 and to invite you to this. The same is true for a briefing about exceptional circumstances according to § 30. The time and place of the meetings are to be agreed with the Central Board. With the consent of the central leadership, the European Works Council can conduct more sessions. The meetings of the European Works Council shall not be public.
(2) paragraph 1 shall apply accordingly for the participation rights of the European Works Council by the Committee pursuant to section 26.

§ 28 resolutions, rules of procedure are the decisions of the Council, unless otherwise provided in this Act, with the majority of votes of the members present. Other provisions relating to the Board of directors should be made in a written order which decides the European Works Council with a majority of its members.
Third section to listen to participation rights § 29 annual information and consultation (1) which has central management once in a calendar year on the development of the business situation and the perspectives of the community-wide undertaking or the community-wide working group of companies timely submission of required documents to inform the European Works Council and him.
(2) especially 1. structure of the company or group of companies, as well as the economic and financial situation, 2. include the likely evolution of business, production and sales situation, 3 to the development of the business situation and the prospects in the meaning of paragraph 1 the employment situation and their foreseeable development, 4. investments (investment programs), 5. fundamental changes to the Organization, 6 the introduction of new working and production methods, 7 the transfer of companies , Farms or essential parts, as well as relocation of production, 8 mergers or divisions of companies or businesses, 9 the restriction or closure of enterprises, establishments or essential parts, 10 collective redundancies.

Section 30 has information and consultation (1) extraordinary circumstances or decisions that have a significant impact on the interests of the workers, the central management in a timely manner upon presentation of the required documents to inform the European Works Council and listen to on request. As extraordinary circumstances apply in particular 1 the relocation of companies, businesses, or essential parts, 2. the decommissioning of enterprises, establishments or essential parts, 3. collective redundancies.
(2) a Committee is pursuant to section 26, this is instead of the Council referred to in paragraph 1 to participate in set 1. Article 27 paragraph 1 sentence 2 to 5 shall apply mutatis mutandis. To the meetings of the Committee are also those members of the European Works Council to download have been ordered for the businesses or businesses that are directly affected by the planned measures or decisions; as far as it is considered to be the members of the Committee.

Article 31 trend enterprise companies and dominant companies of enterprise groups, the directly and predominantly the in article 118, paragraph 1, sentence 1 Nos. 1 and 2 of the works Constitution Act provisions or purposes are used, apply only article 29 paragraph 2 number 5 to 10 and section 30 subject to the proviso that an information and consultation only over the compensation or the mitigation of economic disadvantages must be , which may occur to workers as a result of the business or operational changes.
Fourth section change the composition, transition to a section 32 agreement duration of membership, appointment of members (1) the duration of the membership in the European Works Council is four years, when she prematurely ends not by dismissal or for other reasons. The membership starts with the order.
(2) every two years from the date of the inaugural meeting of the European Works Council (§ 25 paragraph 1) to count, the central line has to check whether the number of workers so have changed in the various Member States, that a different composition of the European Works Council is calculated pursuant to article 22, paragraph 2. It has the result to share with the European Works Council. A different composition of the European Works Council is required, then this causes the competent bodies that the members of the European works councils in the Member States new be ordered where number of employee representatives differs compared with the previous results; the membership of the so far from these Member States, employee representatives in the European Works Council ends with the new order. Sentences 1 to 3 shall apply mutatis mutandis taking into account a Member State not represented so far in the European Works Council.

§ 33 negotiations four years after the inaugural meeting (§ 25 paragraph 1) the European Works Council with a majority of votes of its members has to consider whether an agreement should be negotiated with the central leadership according to § 17 a decision. The European Works Council decides the commencement of negotiations, he has the rights and obligations of the special negotiating body. the sections 8, 13, 14 and 15 (1), as well as the articles 16 to 19 shall apply mutatis mutandis. The Office of the European Works Council ends if an agreement is concluded according to § 17.
Fifth part of common provisions article 34 trustful cooperation central management and the European Works Council work together with confidence for the benefit of the employee and the company or group of companies. Sentence 1 shall apply accordingly for the cooperation between the central management and employee representatives in the context of a procedure for informing and consulting.

Article 35 the duty of the Central lead, within the framework of sections 18 and 19 agreed secrecy, confidentiality (1) or consists of sections 29 and 30 to teach paragraph 1 arising matters, only, as far as not operating or trade secrets of the company or group of companies are at risk.
(2) the members and alternate members of a European Works Council are obliged not to disclose company or business secrets which have been known them because of their affiliation to the European Works Council and referred to explicitly as in need of secrecy by the Central Board, and not to exploit. This shall apply even after leaving the European Works Council. The obligation does not apply to members of a European Works Council. It does not apply the employee representatives on the Supervisory Board, as well as to the interpreters and experts, will be used to support also compared with the local employee representatives of establishments or enterprises, if they to teach on the basis of an agreement according to article 18 or article 36 on the content of the briefings and the results of consultations with.
(3) the duty of confidentiality under paragraph 2 sentences 1 and 2 shall apply accordingly for 1 the members and alternate members of the special negotiating body, 2. the employee representatives in the context of a procedure for the information and consultation (article 19), 3. the experts and interpreters, as well as 4 the local employee representatives.
(4) the exceptions to the duty of confidentiality pursuant to paragraph 2 sentence 3 and 4 shall apply mutatis mutandis 1 the special negotiating body to experts and interpreters, 2. employee representatives within the framework of a procedure for the information and consultation towards interpreters and experts, that by Convention be used to support and local employee representatives, if they are to teach according to the agreement (§ 19) about the content of the briefings and the outcome of the hearings.

Section 36 informing the local employee representatives (1) the European Works Council or the Committee (§ 30 paragraph 2) reported the local employee representatives or, if it doesn't, the workers of enterprises or companies on the information and consultation.
(2) the Member of the Council or of the Committee that local employee representatives in Germany reported, has the report on companies or companies in which spokesman executive committees, to reimburse at a joint meeting within the meaning of § 2 paragraph 2 of the speakers Committee Act. This does not apply if an employee is certain according to § 23 paragraph 6 has taken part in the meeting for the information and consultation of the European Works Council. Is the only written report referred to in paragraph 1, he is to submit to the Committee spokesman.

§ 37 essential structural change (1) significantly changes the structure of the community-wide undertaking or the community-wide working group and no provisions in existing agreements exist, or that contradict each other the central management by itself or at the request of employees or their representatives (article 9 paragraph 1) takes on the negotiation of an agreement according to article 18 or article 19. 2. Division of companies or group of undertakings, 3 considered as essential structural changes within the meaning of sentence 1, in particular 1 merger of companies or groups of companies.
Installation of company or of the group in an other Member State or third country or closure of companies or group of companies, 4. laying or closure of businesses, where they can have effects on the composition of the European Works Council.
(2) by way of derogation from section 10, each European works councils affected by the structural change sends three more members in the special negotiating body from among its members.
(3) for the duration of the trial, each European works councils affected by the structural change remains the establishment of a new European Works Council in Office (transition mandate). According to those provisions, and in what composition the transition mandate is perceived can be agreed with the Central Board. It will not be an agreement with the Central Board pursuant to sentence 2, the transition mandate is carried out by the respective European Works Council according to the rules applicable for him in the company or group of companies. The transitional mandate ends even if the special negotiating body takes a decision according to article 15, paragraph 1.
(4) it will not be an agreement according to article 18 or article 19, is a European Works Council in the cases of § 21 paragraph 1 according to §§ 22 and 23 to build.

Training (1) which European Works Council can members to attend training and learning events determine section 38 as far as convey this knowledge that are required for the work of the Council. The European Works Council has the participation and temporal location in time to inform the Central Board. There are the operational needs to take into account in determining the temporal location. The European Works Council can transfer the duties under this paragraph to the Committee pursuant to section 26.
(2) paragraph 1 applies to the special negotiating body and its members set 1 to 3 according to.

§ 39 costs, administrative expenses and experts (1) the central management carries that through the formation and activity of the Council and of the Committee costs. The central leadership has rooms, material resources, and Office staff especially for the meetings and the day-to-day management in the required amount, to provide interpreters for the sessions also available. She wears the necessary travel and subsistence costs of the members of the European Works Council and the Committee. Article 16, paragraph 2 shall apply mutatis mutandis.
(2) the European Works Council and the Committee have expert support their choice as far as this is necessary for the proper performance of their tasks. Experts can be also representative of trade unions. Be consulted experts, the cost transfer duty is limited to an expert, unless an agreement stipulates something else after article 18 or article 19.

§ 40 protection of domestic employee representatives (1) for the members of a European Works Council, which employs domestic are, apply article 37 paragraph 1 to 5 and the paragraphs 78 and 103 of the works Constitution Act and § 15 paragraph 1 and 3 to 5 of the protection against dismissal act according to. For training required under section 38, section 37, paragraph 6, sentence 1 and 2 of the works Constitution Act shall apply accordingly.
(2) paragraph 1 shall apply accordingly for the members of the special negotiating body and the employee representatives in the context of a procedure for informing and consulting.
Sixth part of existing agreements section 41 the provisions of this Act except in the cases of § 37 continuity (1) in paragraphs 2 and 3 above companies and corporate groups, where before 22 September 1996 an agreement on cross-border information and consultation exists, are not applicable, as long as the agreement is effective. The agreement must cover all workers employed in the Member States and enable an adequate participation in the information and consultation the workers from those Member States in which the company or the Group has a business.
(2) the application of paragraph 1 does not preclude that the agreement on the part of the workers only by an employee Committee provided for in the Act has been closed. The same applies if several agreements have been concluded for a company or a group instead of an agreement.
(3) if the conditions of in paragraph 1 are therefore not fulfilled, because in the in paragraph 1 set 1 agreement existing date referred to not all workers captures, the parties can do their incorporation within a period of six months.
(4) existing agreements can be adapted set 1 date referred to even after the in paragraph 1 changes in the structure of the company or group of companies, as well as the number of employed workers, unless there is significant structural changes in the meaning of § 37.
(5) is a fixed-term agreement has been, the parties can choose their continuity, taking into account paragraphs 1, 3 and 4.
(6) an agreement is continued if before its completion the application or right of initiative is exercised pursuant to section 9, paragraph 1. Also an on the basis of the agreement existing employee representation body may exercise the right to apply. The continuity end has been replaced by a cross-border information and consultation the agreement article 18 or article 19 or established a European Works Council by operation of law. The continuity ends, even if the special negotiating body takes a decision pursuant to section 15 paragraph 1; Article 15, paragraph 2 shall apply mutatis mutandis.
(7) on enterprises and business groups, who for the first time meet the requirements referred to in paragraphs 2 and 3 the farms and businesses due to the inclusion of in the United Kingdom of Great Britain and Northern Ireland, the provisions of this Act except in the cases of § 37 are not applicable, if in these companies and business groups before 15 December 1999 an agreement on cross-border information and consultation. Paragraphs 1 to 6 shall apply mutatis mutandis.
(8) in paragraphs 2 and 3 above companies and corporate groups, where between June 5, 2009 and June 5, 2011, an agreement on the cross-border information and consultation was signed or revised, the provisions of this Act in the version of October 28, 1996 are except in the cases of § 37 (Federal Law Gazette I p. 1548, 2022), last amended by article 30 of the Act of 21 December 2000 (BGBl. I S. 1983) , to apply. Is a fixed-term agreement pursuant to sentence 1 has been, the parties can choose their continuity as long as the agreement is effective; Paragraph 4 shall apply mutatis mutandis.
Part seven special regulations, criminal and penalty provisions article 42 Errichtungs - und activity protection no person shall 1 the formation of the special negotiating body (article 9) or the establishment of a European Works Council (sections 18, 21 paragraph 1) or the introduction of a procedure for the information and consultation (article 19) hinder or by infliction or threat of disadvantages or by granting or promise benefits influence, 2. the activity of the special negotiating body , a European Works Council or the employee representatives in the context of a procedure for informing and consulting obstruct or interfere with or 3. penalise a member or substitute member of the special negotiating body or a European Works Council or an employee representatives within the framework of a procedure for informing and consulting to his occupation sake or favour.

§ 43 (1) sanctions with imprisonment up to two years or will be punished with fines, who recovered contrary to article 35, paragraph 2, sentence 1 or 2, also in connection with paragraph 3, an industrial or trade secret.
(2) the Act will be prosecuted only upon application.

Section 44 (1) sanctions with imprisonment up to one year or with fine who revealed 1. contrary to article 35, paragraph 2, sentence 1 or 2, also in connection with paragraph 3, a business or trade secret, or 2. a provision of section 42 on the establishment of the stated bodies or the introduction of the referred procedure, the activity of the stated bodies or of the employee representatives, or through the disadvantage or benefit of a member or substitute member of the stated bodies punished, or a worker representative is contrary to.
(2) the perpetrators in the cases of paragraph 1 is to enrich number 1 for a fee or in the intention of himself or another, or to harm another, the penalty is up to two years or a fine of imprisonment.
(3) the Act will be prosecuted only upon application. In the cases of paragraph 1 of the special negotiating body, the European Works Council, the majority of workers representatives within the framework of a procedure for the information and consultation, the central line or a Trade Union represented in the operating number 2 applications are eligible.

Article 45 penalty provisions (1) any person who the information not, incorrectly, incompletely or not timely collects 1 contrary to § 5 paragraph 1 or forwards or 2. contrary to article 29 paragraph 1 or section 30, paragraph 1, sentence 1 or paragraph 2, sentence 1 the European Works Council or the Committee § 26 not, not, not fully, taught not in the prescribed manner or in a timely manner.
(2) the offence can be punished with a fine up to fifteen thousand euros.