Law On European Works Councils

Original Language Title: Gesetz über Europäische Betriebsräte

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

Non-official table of contents

EBRG

Date of departure: 28.10.1996

Full quote:

" European Works Councils Act in the Version of the notice of 7. December 2011 (BGBl. I p. 2650) "

:Recaught by Bek. v. 7.12.2011 I 2650

For details, see the Notes
for details. class="Footnote"> *)
This law is used for the implementation of 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 Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 327, 30.4.2009, p. 28).

Footnote

(+ + + text-proof: 1.11.1996 + + +)
(+ + + Official notes of the norm-provider on EC law:
Implementation of the
EGRL 38/2009 (CELEX Nr: 32009L0038) cf. Bek. v. 7.12.2011 I 2650 + + +)

The law has been referred to as Article 1 d. G v. 28.10.1996 I 1548 (EBRGEG) adopted by the Bundestag is gem. Art. 3 of this G entered into force on 1.11.1996.

First part
General rules

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§ 1 Cross-border information and consultation

(1) On strengthening the right to cross-border information and consultation of workers in Community-wide companies and groups of undertakings European works councils or procedures for informing and consulting employees. If an agreement is not reached, a European Works Council will be established by law.The European Works Council shall be responsible for matters concerning the Community-scale undertaking or the Community-scale group of undertakings as a whole, or at least two undertakings or two undertakings in different Member States. In the case of undertakings or 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) 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 established in a Member State. insofar as no greater scope is agreed.(4) Information within the meaning of this Act shall mean the transmission of information by the central management or any other appropriate management level to the employees ' representatives, in order to provide them with the opportunity to take knowledge and examine the treated Question. 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 the Community-wide group of undertakings.(5) Hearing 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 appropriate management level at a time, in a manner and in an embodiment of the content which enables workers ' representatives, on the basis of the information received, within a reasonable period of time for the proposed measures which are the subject of the hearing, a statement of 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) The central management within the meaning of this Act is a Community-wide undertaking or the dominant undertaking of a Community-wide group of undertakings.(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 ' representatives. Non-official table of contents

§ 2 Scope

(1) This law applies to Community-wide companies domiced in the country and to Community-scale groups of undertakings established in the domestic territory of the dominant undertaking.(2) Where the central management is not in a Member State, but there is a downstream management for establishments or undertakings located in Member States, this law shall apply if the downstream management is within 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 situated in the territory of the undertaking or undertaking in which the majority of the undertakings in the undertaking or undertaking of the group of undertakings are compared with other undertakings in the Member States. workers are employed. The above mentioned positions shall be considered as central management.(3) Member States within the meaning of this Act shall be the Member States of the European Union and the other States Parties to the Agreement on the European Economic Area.(4) For the calculation of the number of employees employed in Germany (§ 4), the right to receive information (§ 5 (2) and (3)), the determination of the dominant company (§ 6), the forwarding of the application (§ 9 (2) sentence 3), the joint and several employees ' request Liability of the employer (Section 16 (2)), the appointment of the employees ' representatives who are responsible for the domestic use (§ § 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 In relation to the local employee representatives in Germany (Article 36 (2)), this law applies even if the central management is not within the national territory. Non-official table of contents

§ 3 Community-wide activity

(1) A company operates throughout the Community if at least 1 000 employees are employed in Member States, each of which employs at least 150 employees in at least two Member States.A group of undertakings shall operate throughout the Community if it employs at least 1 000 workers in the Member States and has at least two undertakings with registered offices in different Member States, each of which shall be at least 150 Workers in different Member States. Non-official table of contents

§ 4 Calculation of employees ' figures

In enterprises and companies in the country, the figures are calculated in accordance with § 3 of the the number of employees taking account of the number of employees employed on average over the last two years within the meaning of Section 5 (1) of the German Works Constitution Act. 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 the determining date for the beginning of the period referred to in the first sentence of paragraph 9. of the workers or their representatives. Non-official table of contents

§ 5 Information claim

(1) The central management, at the request of an employee representative, has the right to receive To collect the information required for the formation of a European Works Council and to forward it to the employee representation. The information required shall include, in particular, the average total number of workers and their distribution among the Member States, the 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 under paragraph 1 with respect to the local operating or management board; this is required to provide the necessary information and documents with the central management .(3) Each management of a company of a Community-wide group of undertakings and the central management shall be obliged to collect and make available the information referred to in paragraph 1. Non-official table of contents

§ 6 Herrschendes enterprise

(1) A company that belongs to a community-wide group of companies A dominant company if it can exercise directly or indirectly a dominant influence on another company of the same group (dependent company).(2) A dominant influence is presumed if a company directly or indirectly
1.
more than half of the members of the The management, management or supervisory body of the other company may order or
2.
over the majority of the shares in the other company Voting rights, or
3.
owns the majority of the subscribed capital of this company.
To fill in one of the companies listed in the first sentence of 1 to 3. , the dominant undertaking shall be determined on the basis of the order in which it is ranked.(3) In the application of paragraph 2, the right of vote and appointment of a company shall be subject to the rights of all undertakings dependent on it and of any natural or legal person who, although in its own name but on behalf of the undertaking concerned, shall be responsible for the Any company or company dependent on it shall be added to 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 June 2004. January 2004 on the control of concentrations between undertakings (OJ L 327, 31.12.2004, 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. Non-official table of contents

§ 7 European Works Council in Enterprise Groups

of a Community-wide group of companies, or A European Works Council shall be set up only with the dominant undertaking, unless otherwise agreed.

Second Part
Special Negotiating Body

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§ 8 Task

(1) The special negotiating body has the task of using the To conclude an agreement on cross-border information and consultation of workers.(2) The central management shall provide the special negotiating body in good time with all information necessary for the performance of its tasks and shall make available the necessary documents.(3) The central management and the special negotiating body shall cooperate in a trusting relationship. The timing, frequency and location of the negotiations shall be determined by mutual agreement between the central management and the special negotiating body. Non-official table of contents

§ 9 Education

(1) The formation of the special negotiating body is from the employees or their representatives in writing to the central management, or on the initiative of the central management.(2) The application shall be effective if it is signed by at least 100 employees or their representatives from at least two establishments or undertakings situated in different Member States, and the central management is at stake. 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 applicant, the local operating or corporate management, the employee representatives present there, and the trade unions represented in domestic companies, by means of the formation of a special To inform the negotiating body and its composition. Non-official table of contents

§ 10 Composition

(1) For each share of workers employed in a Member State, the 10% of the employees The total number of workers employed in all the Member States of the Community-scale undertakings or groups of undertakings, or a fraction thereof, shall be subject to the special negotiating body of a Member from that Member State dispatched.(2) Replacement members may be appointed. Non-official table of contents

§ 11 Order of domestic workers ' representatives

(1) The law or the law of another. Member States shall be appointed by the General Works Council (Section 47 of the German Works Constitution Act) to members of the special negotiating body which are employed in the home country. If 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 by the Group Works Council in Community-wide groups of undertakings (Section 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. as members of the Group Works Council.(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)
existence of several General works councils, the members of the special negotiating body are appointed at a joint meeting of the General Works Councils, to which the General Works Council Chairman of the largest number of eligible employees shall be appointed. is to invite domestic companies. If, in addition, there is at least one works council not represented in the total works councils, the chairman of the works council and his deputy are to be invited to this meeting, to the extent that they are considered as members of the total works council.
b)
In addition to a full works council, there is at least one works council not represented in it, the General Works Council is responsible for the chairman of the works council and its deputy , the Chairman of the Works Council and his deputy shall be deemed to be the members of the General 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)
There are several works councils, the members shall be: of the special negotiating body at a joint meeting, to which the chairman of the works council of the largest domestic holding, according to the number of employees entitled to vote, has to be invited. The chairpersons of the works council and their alternates 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 must order the members of the special negotiating body.
(4) The members of the special negotiating body may also be members of the special negotiating body. Employees referred to in Article 5 (3) of the Works Constitution Act shall be appointed.(5) Women and men shall be ordered according to their numerical proportions. A non-official table of contents

§ 12 Information on the members of the special negotiating body

The central management board shall be immediately informed of the The names of the members of the special negotiating body, their addresses and their respective business 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 establishments, of this information. Non-official table of contents

§ 13 Meetings, Rules of Procedure, experts

(1) The central management will immediately invite the members to the appointment of the members. to 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 shall be able to draw up a point of order.(2) Before and after each negotiation with the central management, the special negotiating body shall have the right to hold a meeting and invite it to the meeting; Section 8 (3) sentence 2 shall apply accordingly.(3) Decisions of the special negotiating body shall be taken by a majority of the votes of its members, unless otherwise provided in this Act.(4) The special 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. Non-official table of contents

§ 14 Integration of employee representatives from third countries

The central management and the special The negotiating body agrees to extend the agreement to be negotiated in accordance with Article 17 to establishments or undertakings not located in a Member State (third country), they may agree to include representatives of the employees of those States in the special to include the negotiating body and to determine the number of members to be covered by the third country concerned and their legal status. Non-official table of contents

§ 15 Decision on termination of negotiations

(1) The special negotiating body may be at least two-thirds of the negotiating body. the votes of its members decide not to open negotiations or to put an end to them. 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 transcript shall be assigned to the central management.(2) A new request for the formation of a special negotiating body (§ 9) may not be submitted at the earliest two years after the decision referred to in paragraph 1, provided that the special negotiating body and the central management do not write a shorter one in writing Set the deadline. Non-official table of contents

§ 16 Costs and expenses

(1) The result of the formation and activity of the special negotiating body Costs are 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 subsistent expenses of the members of the special negotiating body. .(2) The employer of a member of the special negotiating body posted abroad shall be liable, in addition to the central management, for his entitlement to reimbursement of expenses as a total debtor.

Third part
Cross-border information and consultation agreements

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§ 17 design freedom

The The central management and the special negotiating body can 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 law. 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 cross-border information and consultation should be provided 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. Non-official table of contents

§ 18 European Works Council force agreement

(1) A European Works Council is to be established in writing. to agree on how this should be designed. In particular, the following rules shall be laid down:
1.
The name of the establishments and undertakings covered, including those outside the territory of the Member States, if they are included in the scope,
2.
The composition of the European Works Council, the number of members, Replacement members, distribution of seats and 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, provided that their rights are not affected by this,
4.
Location, frequency, and duration of sessions,
5.
the creation of a committee of the European Works Council, including its composition, the appointment of its members, its powers and its working methods,
6.
for the European Works Council. financial and factual means available,
7.
Clause to adapt the agreement to structural changes, the period of validity of the agreement, and the the procedure to be followed for renegotiation, modification or termination, including a transitional arrangement.
(2) § 23 shall apply accordingly. A non-official table of contents

§ 19 Information and consultation procedure

To provide a procedure for informing and consulting employees shall be agreed in writing, under which conditions the employees ' representatives shall have the right to consult the information communicated to them jointly and how they may submit 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. Non-official table of contents

§ 20 Transitional provision

An agreement in accordance with § 18 or § 19 shall continue to apply if, before termination, the the right of initiative or initiative pursuant to Article 9 (1) has been exercised. 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. The sentences 1 to 4 do not apply if there is a transitional arrangement in the existing agreement.

Part
European Works Council force law

First Section
Establishment of the European Works Council

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§ 21 Prerequisites

(1) If the central management refuses to open negotiations within six months of the application (§ 9), a European Works Council is to 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. Sentences 1 and 2 shall apply mutatily if the formation of the special negotiating body is carried out on the initiative of the central management.A European Works Council shall not be established where the special negotiating body takes a decision in accordance with Article 15 (1) before the expiry of the time limits referred to in paragraph 1. Non-official table of contents

§ 22 Composition of the European Works Council

(1) The European Works Council is made up of employees of the European Works Council. Community-wide undertakings or the Community-wide group of undertakings. Replacement members can be ordered.(2) For each share of workers employed in a Member State, which represents 10 per cent of the total number of employees of Community-scale undertakings or groups of undertakings employed in all Member States, or a fraction of the total number of employees employed in all Member States , a member of that Member State shall be seconded to the European Works Council. Non-official table of contents

§ 23 Order of domestic workers ' representatives

(1) The law or the law of another. Member States shall be appointed by the General Works Council (Section 47 of the German Works Constitution Act) to members of the European Works Council which are employed within the territory of the European Union. 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 (Section 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. as members of the Group Works Council.(3) If there is no Group Works Council, the members of the European Works Council referred to in the first sentence of paragraph 1 shall be appointed as follows:
a)
Existence of a number of members General works councils, the members of the European Works Council are appointed at a joint meeting of the General Works Councils, to which the General Works Council Chairman of the largest domestic worker according to the number of employees entitled to vote To invite the company. If, in addition, there is at least one works council not represented in the total works councils, the chairman of the works council and his deputy are to be invited to this meeting, to the extent that they are considered as members of the total works council.
b)
In addition to a full works council, there is at least one works council not represented in it, the General Works Council is responsible for the chairman of the works council and its deputy , the Chairman of the Works Council and his deputy shall be deemed to be the members of the General 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)
There are several works councils, the members of the European Works Council shall be European Works Council 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 has to be invited. The chairpersons of the works council and their alternates 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 has to order the members of the European Works Council.
(4) The paragraphs 1 to 3 apply accordingly to the dismise.(5) A balanced representation of workers after their activities should be taken into account as far as possible; women and men should be appointed according to their numerical value.(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 members of the Committee for the Protection of the Rights of the Community in accordance with Section 5 (3) shall be determined to participate in meetings for the purpose of informing and consulting the European Works Council, provided that at least five national representatives are posted in accordance with Article 22 (2). Section 35 (2) and section 39 shall apply accordingly. Non-official table of contents

§ 24 Information on the members of the European Works Council

The central management shall immediately be named Members of the European Works Council, their addresses and their respective business affiliation. The central management has to 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. name="BJNR154810996BJNG003001140 " />

Second Section
Management of the European Works Council

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§ 25 Constituent meeting, 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 chairperson 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 which it has taken. 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. Non-official table of contents

§ 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 carry out the day-to-day operations of the European Works Council. Non-official table of contents

§ 27 sessions

(1) The European Works Council has the right to be informed by the central office of the Conduct a meeting according to § 29 and invite them 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 shall not be public.(2) Paragraph 1 shall apply mutatily to the exercise of the participation rights of the European Works Council by the Committee pursuant to § 26. Non-official table of contents

§ 28 Decisions, Rules of Procedure

The decisions of the European Works Council shall be taken as far as this law does not apply. , by a majority of the votes of the members present. Other provisions concerning management shall be taken in a written procedure which the European Works Council decides by a majority of the votes of its members.

Third party

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§ 29 Annual Information and Hearing

(1) The central line the European Works Council shall, once in the calendar year, inform the European Works Council of the developments in the business situation and prospects of the Community-wide undertaking or Community-wide group of undertakings, under the timelleds of the Community-wide undertaking to be informed and to consult it.(2) The development of the business situation and the prospects referred to in paragraph 1 shall include, in particular,
1.
The structure of the enterprise or group of companies, and 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.
Investments (Investment programs),
5.
Basic changes to the organization,
6.
the introduction new working and manufacturing process,
7.
the laying of companies, businesses or essential parts of the company, as well as the relocations of production,
8.
Mergers or divisions of companies or businesses,
9.
the restriction or decommissioning
10.
Collective redundancies.
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§ 30 Information and hearing

(1) On exceptional circumstances or decisions that have a significant impact on employees ' interests, the central management to inform the European Works Council in good time on presentation of the necessary documents and to consult them on request. In particular,
1.
means the transfer of companies, businesses, or essential parts of businesses,
2.
the decommissioning of companies, businesses, or major operating parts,
3.
bulk redundancies.
(2) If a committee exists according to § 26, it shall be replaced by the European Works Council in accordance with 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; they shall also be subject to the following conditions: insofar as committee members. unofficial table of contents

§ 31 Tendence Companies

On companies and dominant companies of groups of companies that are directly and shall serve primarily the provisions or purposes referred to in Article 118 (1), first sentence, points 1 and 2 of the Operating Constitution Act, only § 29 (2) (5) to (10) and § 30 Application, with the proviso that information and consultation shall only be provided on: the compensation or the alleviation of the economic disadvantages suffered by employees as a result of changes in the company or company changes.

Fourth Section
Change of the Composition, Transition to an Agreement

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§ 32 Duration of membership, reorder of Members

(1) The duration of the membership of the European Works Council is four years if it does not end prematurely by revocation 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 (Article 25 (1)), the central management shall examine whether the number of employees in each of the Member States has changed in such a way as to ensure that: Other composition of the European Works Council is calculated 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 the representatives of the employees of the European Works Council from those Member States 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. Non-official table of contents

§ 33 Opening of negotiations

Four years after the constitutive meeting (Section 25 (1)), the European Council, 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 § 17.

Fifth Part
Common Provisions

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§ 34 trust-based cooperation

Central management and European works council work with trust for the benefit of the employees and the company or the 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. Non-official table of contents

§ 35 Secrecy, confidentiality

(1) The duty of the central management, which is subject to § § 18 and 19. , or to inform the matters arising from § § 29 and 30 (1), only if this does not endanger operating or business secrets of the company or group of companies.(2) The members and the replacement members of a European Works Council shall be obliged to disclose operating or business secrets which have become known to them on account of their membership of the European Works Council and which are expressly referred to by the central management as being 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 pursuant to an agreement pursuant to Article 18 or Article 36 of this Directive. , the employees ' representatives on the Supervisory Board, as well as the interpreters and experts who are used to support them.(3) The obligation to confidentiality in accordance with the first sentence of the second paragraph of paragraph 2 shall apply by analogy to
1.
the members and replacement members of the special Negotiating body,
2.
employees ' representatives in the framework of information and consultation procedures (§ 19),
3.
the experts and interpreters as well as
4.
the local employee representatives.
(4) The Exceptions to the obligation of confidentiality pursuant to the third and fourth sentences of paragraph 2 shall apply in accordance with the provisions of
1.
the special negotiating body vis-à-vis experts and Interpreters,
2.
the employees ' representatives in the context of a procedure for informing and consulting interpreters and experts who have agreed to: , and to local employee representatives, provided that they are to be informed in accordance with the agreement (§ 19) on the content of the sub-directions and the results of the hearings.
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§ 36 Information to the local workers ' representatives

(1) The European Works Council or the Committee (Section 30 (2)) reports to the local workers ' representatives or, if they do not exist, to the employees of the establishments or undertakings on the information and consultation.(2) The member of the European Works Council or of the Committee reporting to the local employee representatives in the country shall have the report in establishments or undertakings in which the spokespersons of the executive staff are composed, on a joint meeting within the meaning of Section 2 (2) of the Speaker's Committee Act. 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. Non-official table of contents

§ 37 Essential structure change

(1) Changes the structure of the Community-wide company or the The central management of a group of companies active throughout the Community does not exist in any of the agreements in force or is contrary to it, the central management of the group of undertakings or of its representatives at the request of the employees or their representatives (§ 9 (1) the negotiation of an agreement pursuant to § 18 or § 19. In particular,
1.
merger of companies or groups of companies,
2.
split by company or group of companies,
3.
relocation of companies or the Group of companies in another Member State or third country or decommissioning of a company or group of companies,
4.
Relocation or decommissioning of In so far as they may have an impact on the composition of the European Works Council.
(2) By way of derogation from § 10, each European Works Council affected by the structural change shall send three other members from its centre. to the special negotiating body.(3) For the duration of the negotiations, any European works council affected by the structural change shall remain in office until a new European Works Council is established (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 in accordance with the second sentence, the transitional mandate shall be exercised by the European Works Council in accordance with the rules applicable to it in the undertaking or group of undertakings. The transitional mandate shall also end when the special negotiating body takes a decision in accordance with Article 15 (1).(4) If there is no agreement in accordance with § 18 or § 19, a European Works Council shall be established in the cases of § 21 (1) in accordance with § § 22 and 23. Non-official table of contents

§ 38 Training

(1) The European Works Council may be members to take part in training and education events , to the extent that such knowledge is 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 according to § 26.(2) In the case of the special negotiating body and its members, the first sentence of paragraph 1 to 3 shall apply accordingly. Non-official table of contents

§ 39 Costs, expenses and experts

(1) The information provided by the European Works Council and the European Works Council The central management shall bear the costs incurred by the Committee. 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. Section 16 (2) shall apply accordingly.2. 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. Non-official table of contents

§ 40 Protection of domestic workers ' representatives

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

Sixth part of the
Agreements

Non-official table of contents

§ 41 Continuation

(1) On the companies referred to in § § 2 and 3 Company groups, in which before the 22. The provisions of this Act shall not apply except in the cases of Section 37, as long as the Agreement is effective, except in cases of § 37. The agreement shall cover all workers employed in the Member States and shall enable workers from those Member States to be duly involved in the information and consultation in which the undertaking or the group has a holding.(2) The application of paragraph 1 shall not prevent the agreement on the part of the employees from having been concluded only by a worker 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) If the conditions set out in paragraph 1 are not fulfilled, because the agreement on the date referred to in the first sentence of paragraph 1 does not cover all workers, the parties may, within a period of six months, be included in the agreement. .(4) Existing agreements may also be adapted, in accordance with the date referred to in the first sentence of paragraph 1, to changes in the structure of the undertaking or group of undertakings and to the number of employees employed, in so far as it does not Major structural changes within the meaning of § 37.(5) Where an agreement has been concluded for a limited period, the parties may decide to continue in the light of the provisions of 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); Article 15 (2) shall apply accordingly.(7) Companies and groups of undertakings which, for the first time in the United Kingdom of Great Britain and Northern Ireland, meet the conditions laid down in Articles 2 and 3 of this Article shall be subject to the following conditions: Provisions of this Act, except in the cases of § 37, do not apply if in these companies and business groups before the 15. The Commission has concluded an agreement on cross-border information and consultation in December 1999. Paragraphs 1 to 6 shall apply accordingly.(8) The undertakings and groups of undertakings referred to in § § 2 and 3, in which between the 5. 6 June 2009 and 5 June 2009 A Memorandum of Understanding on cross-border information and consultation was signed or revised in June 2011, except in the cases of § 37, the provisions of this Act, as amended by the 28. October 1996 (BGBl. I p. 1548, 2022), as last amended by Article 30 of the Law of 21 December 1991. 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 Rules, Penal and Penal Regulations

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§ 42 Enforcement and activity protection

No one shall be allowed to
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 Hinder information and consultation (§ 19), or influence it by adding or threatening handicaps or by granting or promising benefits,
2.
Activities of the special negotiating body, of a European Works Council or of the employee representatives within the framework of a procedure for information and consultation obstruct or disrupt or
3.
a member or a substitute member of the special negotiating body or a European Works Council or a employee representative in the context of a procedure for informing and Consultation for the sake of its activities, whether or not it is a disadvantage.
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§ 43 Criminal rules

(1) A term of imprisonment of up to two years or a fine shall be punished for who, contrary to § 35 (2) sentence 1 or 2, in each case also in connection with paragraph 3, evaluates an operating or business secrecy.(2) The deed shall be pursued only upon request. unofficial table of contents

§ 44 criminal rules

(1) Imprisonment of up to one year or a fine will be punished for who
1.
contrary to § 35, paragraph 2, sentence 1 or 2, also referred to in conjunction with paragraph 3, an operational or business secret, or
2.
a provision of § 42 on the establishment of the bodies mentioned there or the introduction of the procedure referred to therein, the activities of the bodies mentioned there or the (2) If the offender is in the cases referred to in paragraph 1 (1) (1) (1
(2), the perpetrator shall be responsible for the treatment of the person concerned or of a member or a substitute member of the bodies referred to in that. in the case of payment or intention to enrich himself or another or to harm another person, the penalty shall be punishable by imprisonment of up to two years or a fine.(3) The deed shall be pursued only upon 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

§ 45 BußMoney Provisions

(1) Administrative Offers are those who
1.
contrary to § 5, paragraph 1, the information is not, not correct, not complete or not timely, or forwards 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 is not, not correct, not complete, not in the
() The administrative offence can be punished with a fine of up to fifteen thousand euros.