In the case of EU-wide operating enterprises (community-scale
undertakings) or EU-wide operating groups of enterprises,
the European Works Councils Act (Gesetz über Europäische
Betriebsräte – EBRG) requires a European works council to be
set up by means of an agreement if the employees request this.
If no agreement can be reached, the European works council is
established by law. An EU-wide operating enterprise is defned
as an enterprise which has at least 1,000 employees within the
Member States of the EU and at least 150 employees in each
of at least two different Member States. An EU-wide operating
group of enterprises is defned as a group which has at least
1,000 employees within the Member States of the EU and which
consists of at least two enterprises seated in two different
Member States each employing 150 or more employees.
The European works council consists of employees of the EU-wide
operating enterprise(s), i.e. Representatives from each Member
State in which the enterprise(s) operate(s). Once every calendar
year, the European works council should be informed and con-
sulted by the management of the EU-wide operating enterprise
or the EU-wide operating group of enterprises about business
developments and future prospects of the enterprise, and should
be provided with the necessary documents relating to these
topics on a timely basis.
Furthermore, the European works coun-
cil has to be informed and – on demand – consulted regarding
extraordinary matters, e. G. Cross-border production outsourcing.