Chapter 1 The aim of the

Chapter 2 Definitions

Chapter 3 Procedure

Chapter 4 Special negotiating body

Chapter 5 Subsidiaries

Chapter 6 Confidentiality

Chapter 7 Other provisions

Chapter 8 Sanctions

Chapter 9 The entry into force, etc.

Publication of the Law on European Works Councils 1)

This shall be the subject of the law. 371 of 22. May 1996 on European works councils with the changes that result from law no. 932 of 15. December 1999 and Law No 107 of 26. -February 2008.

Chapter 1

The aim of the

§ 1. The aim of the law is to improve the provision of information and consultation on issues affecting companies in several countries, through the establishment of European works councils or the introduction of an information and consultation procedure.

§ 2. The law shall apply to Community enterprises and Community enterprises, cf. § § 4 and 5. When the central management, cf. Section 7 is located in Denmark, the provisions of the law, with the exception of sections 8, section 11 (4), shall be laid down in Denmark. 3 and 4, section 22 (4). The provisions of paragraphs 2 and 3, section 33 and section 35 to 37 shall also apply to foreign subsidiaries and holdings.

§ 3. The law shall not apply, to the extent a collective agreement or agreement contains obligations and rights which, as a minimum, are equivalent to those laid down in Council Directive no. The European works councils, or a procedure in Community enterprises and Community groups, with a view to informing and consulting the workers, shall be 94/45.

Paragraph 2. However, the provisions of Chapter 6 shall, however, always apply to Community enterprises and Community groups and on foreign subsidiaries and holdings.

Chapter 2

Definitions

§ 4. A Community company is defined as a company that :

1) employ at least 1,000 workers in the countries of the European Union and in the EEA countries ;

2) holdings in at least two of the countries referred to in paragraph 1 shall include : 1, and

3) employ at least 150 earners in each of at least two of the countries mentioned in paragraph 1. 1.

§ 5. A community enterprise is understood as a group meeting the following conditions :

1) It employs at least a thousand earners in the countries mentioned in section 4. 1, and

2) it shall cover establishments in at least two of the countries referred to in section 4 (2). 1, and

3) at least one company employs 150 earners in one of the countries mentioned in section 4, no. 1, and another company employs at least 150 employees in another of the countries mentioned in section 4 (2). 1.

§ 6. A parent undertaking is understood to mean a company that can exert a dominant influence on another enterprise, for example, in the power of ownership, financial participation or the rules it is subject to, cf. however, paragraph 1 6.

Paragraph 2. Unless otherwise proved, a company may exercise a determining influence when it is directly or indirectly ;

1) has the right to appoint more than half of the members of the administration, management, management, or supervisory body of another company,

2) possesses the majority of voting rights in another establishment or

3) owns the majority of the company ' s subscribed equity capital.

Paragraph 3. If two or more companies in the same group meet the conditions laid down in paragraph 1. 2, the establishment meeting the conditions laid down in paragraph 1 shall be deemed to be : 2, no. 1, as a parent company. If the condition in paragraph 1 is 2, no. 1, is not fulfilled by any establishment, the undertaking satisfying the conditions laid down in paragraph 1 shall be deemed to be fulfilled. 2, no. 2, as a parent company.

Paragraph 4. A parent company, together with the subsidiary companies, is a group.

Paragraph 5. A company with which a parent company has one of the establishments referred to in paragraph 1. 1 mentioned connections are designated as a subsidiary.

Paragraph 6. Notwithstanding paragraph 1 1-3 the establishment shall not be considered a parent undertaking in the case of a company within the meaning of Article 3 (1). Paragraph 5 (a) of Council Regulation (EEC) No, 4064/89 of 21. December 1989 on the control of mergers. The same shall apply where there is a company within the meaning of the same Article (c), cf. Article 5 (5), THREE, ONE. pkt., in the fourth Council Directive of 25. July 1978 on annual accounts of certain types of company (78/660).

Paragraph 7. In the calculation of voting rights and rights to appoint or dispose of members of administrative, management or supervisory bodies, both rights that are possessed by the parent undertaking and the rights of the holder of the administration of the administration of the administration of the administration of the administration of the administration of the administration of the administration of the administration of the administration of the subsidiaries.

Paragraph 8. A manager of a bankruptcy estate, a liquidator or a similar supervisory authority that performs its tasks after the bankruptcy law, the company law or similar legislation, is not considered to exercise a determinant influence in accordance with paragraph 1. One and two.

§ 7. The central leadership of a Community company shall be the management of the Community company. The central leadership of a Community enterprise is the management of the parent company. If several undertakings within the same group are parent undertakings, the central leadership shall be considered to be the management of those undertakings which may exercise a dominant influence on the other undertakings, cf. however, section 6 (4). 6.

Paragraph 2. If the central leadership of the Community company or the Community Group is not situated in one of the sections in section 4, no. The central leadership is considered to be the representative appointed by the central leadership. If such a representative has not been appointed, the central leadership shall be considered as management for the holding or the undertaking which has the largest number of employees in one of the sections in section 4. One, mentioned countries.

§ 8. The Employment Minister shall lay down rules for the inventory of the number of employees in accordance with sections 4 and 5.

Chapter 3

Procedure

§ 9. The central leadership must provide the conditions and the means necessary to establish a European works council or to introduce an information and consultation procedure.

§ 10. The central direction may initiate negotiations on the establishment of a European works councils or the establishment of an information and consultation procedure on its own initiative and shall do so on a written request by at least 100 or their workers ; representatives of at least two holdings or undertakings situated in at least two different countries, as referred to in section 4, no. 1.

Paragraph 2. Request in accordance with paragraph 1. 1 must be submitted to the central administration or any other direction in the Community or the Community Group.

Paragraph 3. The time limits referred to in section 20 shall run from the date on which a request has been made, cf. paragraph 1, for the central management or management of any of the undertakings or holdings which are part of the Community Group, or the Community company.

Chapter 4

Special negotiating body

Reduction

§ 11. When the conditions set out in section 10 are met, the central leadership shall take the initiative to set up a special negotiating body.

Paragraph 2. The action body shall consist of at least 3 and a maximum of 27 members, selected by the employees ' representatives or in the absence of the workers.

Paragraph 3. Members elected in Denmark shall be selected among the employees of the employees ' representatives in the cooperation committees. Where works councils have not been created, members of the trust representatives shall be elected. If there are no representatives of trust, or if it is agreed between management and the ordinary representatives of employees, the members of all employees shall be selected.

Paragraph 4. Provided that, before the elections, the works council or group of trust representatives may be supplemented by representatives of groups not represented by the ordinary works council members or representatives of trust.

Paragraph 5. The special negotiating body shall be combined as follows :

1) A representative of each of the staff in each section of section 4. 1, mentioned where the company or the group has one or more holdings or undertakings, cf. No! Two and three.

2) If the company or the group has fewer than 2 000 employees and only have holdings or companies in two of them in section 4, no. A representative of the countries of the country in which employees are employed as a representative of the Member States shall be appointed to appoint a representative.

3) If the company or the group has 2 000 employees or more, further appointment is selected

a) a representative of the staff in the section in section 4. 1, said countries, at which at least 25%. the employees of the company or group are employed, and

b) two representatives of the staff in the sections in section 4. The 1, mentioned countries, where more than 50%. the employees of the company or group are employed, or

c) three representatives of the staff of the section in section 4. One, mentioned countries, where more than 75%. the employees of the company or group are employed, and

d) a representative of each initiated 5 000 employees in countries where more than 5 000 employees are employed if the company or the group employs more than 10 000 earners.

Paragraph 6. If the sum of the members selected in accordance with paragraph 1 5, no. 1 3, more than 27 members, shall be reduced to the number of members after no. paragraph 3 (d), and then number of members, respectively, 3 (a), (b) and (c).

§ 12. The central management and the local executions shall be informed of who is selected for the special negotiating body.

Tasks of the special negotiating body

§ 13. The special negotiating body and the central management shall negotiate in a spirit of cooperation with a view to the conclusion of a written agreement on either the reduction of a European works council or the introduction of one or more information and Interrogation procedures.

Paragraph 2. The special negotiating body may be assisted by specialised experts in accordance with its choice of the Member States.

§ 14. The central leadership must include the special negotiating body in order to initiate negotiations on the conclusion of an agreement. The other lesions are notified of the call.

§ 15. The special negotiating body, with at least two thirds of the votes, may decide not to initiate or suspend the negotiations.

Paragraph 2. Where the special negotiating body decides in accordance with paragraph 1. 1, the negotiations on the conclusion of an agreement shall be stopped and the provisions of Chapter 5 shall not apply.

Paragraph 3. A new request to convene the special negotiating body may not be presented at the earliest two years after the decision has been taken in accordance with paragraph 1. 1, unless the negotiating body and the central management provide a shorter period of time.

§ 16. The central leadership shall keep the costs of negotiations in accordance with sections 13 and 14. § 28, paragraph 1. 2 and 3 shall apply mutatis mutis.

The content of an agreement on a European works council

§ 17. An agreement on the establishment of a European Works Council, cf. Article 13, inter alia, shall specify :

1) Which establishments are covered by the Agreement.

2) The composition of the committee, the number of members, the distribution of seats and the duration of the mandate.

3) The tasks and powers of the committee and the procedure for informing and consulting the committee.

4) Meeting site, meeting frequency, and meeting length.

5) The financial and material resources available to the European Works Council.

6) Rules to adapt the agreement to changes in the structure and structure of the parent company or the group.

7) The duration of the agreement and the renegotision procedure.

The content of an agreement on information and consultation procedure

§ 18. An agreement on one or more information and consultation procedures, cf. Section 13 shall lay down guidelines on how the employee representatives are entitled to meet to exchange views on the information they receive.

Paragraph 2. The people in paragraph 3. The information referred to in paragraph 1 shall include, in particular, questions affecting companies in several countries and which affect the interests of employees in a significant way.

Joint provision

§ 19. The special negotiating body shall take its decisions by a majority of the votes of the members, cf. however, section 15. In the case of ballot, the members of the country in which there are most staff, an extra voice.

Chapter 5

Subsidiaries

Reduction and competence for European works councils

20. A European works council shall be established in accordance with the rules laid down in this Chapter :

1) If the central leadership and the special negotiating body decide that, or

2) if the central leadership has not entered into negotiations within six months of the submission of the request referred to in section 10, or

3) if the parties are unable to agree on the agreement referred to in section 17 or in section 18 during three years from the date of the original request, and if the special negotiating body has not taken the decision referred to in section 15.

§ 21. The European Works Council shall be responsible for information and consultation only on matters relating to the entire Community establishment or the entire Community enterprise or at least two holdings or undertakings in the group located in : Variable of the sections in section 4, no. One, mentioned countries.

Paragraph 2. For the undertakings or groups referred to in section 7 (3). The European works councils only have competence in matters relating to all the holdings or all the companies in the group located in sections 4, nr. The Member States shall include at least two companies or undertakings in the group located in a number of countries.

§ 22. The European works council shall consist of at least three and 30 members. Members shall be selected by the employees ' representatives of their centre or in the absence of any wage earners.

Paragraph 2. Members elected in Denmark shall be selected by the employees ' representatives in the cooperation committees. Where works councils have not been created, members of the trust representatives shall be elected. If there are no representatives of trust, or if it is agreed between management and the ordinary representatives of employees, the members of all employees shall be selected.

Paragraph 3. Provided that, before the elections, the works council or group of trust representatives may be supplemented by representatives of groups not represented by the ordinary works council members or representatives of trust.

Paragraph 4. If the Committee is made up of more than 10 members or if it is agreed with the central leadership, the committee elects the Committee on a business committee, which may not be more than three members. The Executive Committee shall adopt its rules of procedure.

Paragraph 5. The European Works Councils shall be groutified as follows :

1) A representative of each of the staff in each section of section 4. 1, mentioned where the company or the group has one or more holdings or undertakings, cf. No! Two and three.

2) If the company or the group has fewer than 2 000 employees and only have holdings or companies in two of them in section 4, no. A representative of the countries of the country in which employees are employed as a representative of the Member States shall be appointed to appoint a representative.

3) If the company or the group has 2 000 employees or more, further appointment is selected

a) a representative of the staff in the section in section 4. 1, said countries, at which at least 25%. the employees of the company or group are employed, and

b) two representatives of the staff in the sections in section 4. The 1, mentioned countries, where more than 50%. the employees of the company or group are employed, or

c) three representatives of the staff of the section in section 4. One, mentioned countries, where more than 75%. the employees of the company or group are employed, and

d) a representative of each initiated 5 000 employees in countries where more than 5 000 employees are employed if the company or the group employs more than 10 000 earners.

Paragraph 6. If the sum of the members selected in accordance with paragraph 1 5, no. 1 3, more than 30 members, the number of members shall be reduced in accordance with number 3 (d).

Paragraph 7. The central leadership or following such management's instructions shall be informed of the composition of the European Works Council by any other more appropriate management level.

Paragraph 8. The central leadership of the European Works Council every two years should calculate the number of employees in each of the sections in section 4. One, mentioned countries. The central direction is to inform the European Works Council of the outcome of the calculation. If the calculation will result in changes to the composition of the rules laid down in paragraph 1, The number of members of the countries which then have the right to more or fewer members shall be subject to the adjustment of the number of members from the countries which are then entitled to more or fewer members

Niner. 9. Four years after the establishment of the European Works Council established in accordance with the rules laid down in this Chapter, the Committee shall consider whether there is a need to open negotiations with a view to the conclusion of the Agreement in section 17 or Section 18, or the cooperation committee shall be maintained on the given legal basis.

Paragraph 10. Section 17, section 18 and section 20 (1) shall apply mutatis muctis if it is decided to negotiate an agreement in accordance with sections 17 and section 18, and the term ' the special negotiating body ' shall be replaced by the term ' European works council `.

Meeting

-23. The European works councils are entitled to meet with the central leadership once a year. In addition to the meeting, the central management will prepare a report that forms the basis for the meeting. The purpose of this meeting is to inform and consult the Committee on the development of the activities of the Community, or the Joint Enterprise, as well as its prospects for the future. The local lesions are notified about the report.

Paragraph 2. In particular, the meeting shall concern the structure of the establishment or of the group, its economic and financial situation, the expected development in terms of its activities, production and sale, the employment situation and the likely development of the undertaking, investments, significant changes to the organization or organization ' s organisation, the introduction of new working methods or production processes, production transfers, mergers, sizing or closing establishments, holdings or significant sections of this and redundancies to the extent of redundancies.

§ 24. In the case of exceptional circumstances affecting the interests of employees in particular, in particular relocation, closure of undertakings or holdings or redundancies, the business committee or, if so, no such operation ; are the requirements of the European Works Council to be informed.

Paragraph 2. the Executive Committee or, if such a does not exist, the European Works Council shall, at its request, be required to meet with the central leadership or any other appropriate level of management in the Community or the Community Group ; if this management level is competent to take its decision independently, in order to be informed and consulted on measures that are significantly affected by the interests of employees.

Paragraph 3. In the meeting of the business committee meeting with management, cf. paragraph 2, may the members of the European Works Council, selected or designated by the holdings or undertakings directly concerned by the measures envisaged, shall also participate.

Paragraph 4. The one in paragraph 1. The meeting shall take place as soon as possible on the basis of a report from the central administration or any other appropriate management level. The Executive Committee or the European Works Council may submit an opinion on the report after the meeting or within a reasonable time.

Paragraph 5. The holding of the meeting, cf. paragraph 2, without prejudice to the powers of the central management.

§ 25. In connection with meetings with the central leadership, the European works council or the business committee may, where appropriate, in paragraph 24, paragraph 1. 3, mentioned enhanced composition, allowed to meet without management being present.

SECTION 26. The members of the European Works Council shall inform, cf. however, section 30, the employee representatives at the farm or company level, or, in the absence of such representatives, all the employees of the content and the outcome of the information and consultation procedure implemented in accordance with the provisions of this chapter.

§ 27. The European Works Council or the Executive Committee may be assisted by a special expert in accordance with its choice, if this is necessary for the committee to perform its tasks.

§ 28. The operational expenditure of the European works committee is borne by the central leadership.

Paragraph 2. The central leadership has to provide sufficient means for the members of the European Works Council to ensure that they can carry out their duties properly. The central leadership must ensure that the members of the European Works Council and the business committee do not suffer a loss due to their participation in the work of the Committee.

Paragraph 3. The central leadership shall bear the costs of organising the meetings and the interpretation of these, residence and travel expenses for the members of the European works council and the business committee, as well as for a special expert, unless otherwise agreed.

§ 29. The Minister for Employment may lay down budget rules for the operation of the European Works Council.

Chapter 6

Confidentiality

-$30. Where the interests of the company ' s interest are concerned, the central leadership may, in concrete cases, impose on the members of the special negotiating body of the European works council and by the business committee, and the specialised experts, which may be : assist them, professional secrecy. Confidentiality also applies after the expiry of the members ' mandate.

§ 31. The central leadership may not disclose information to the members of the special negotiating body of the European works council and the business committee if it is necessary to take account of the interests of the company, because it will be agrative ; or damage the business.

§ 32. sections 30 and 31 shall also apply where an information and consultation procedure has been agreed, cf. Section 13 (1). 1.

Chapter 7

Other provisions

§ 33. The members of the special negotiating body and of the European Works Council are protected from dismissal and other deterioration in their relations in the same way as the union of trust representatives in the area or equivalent trade union.

§ 34. Crew members on merchant ships cannot be elected as members of the special negotiating body and the European works councils.

Paragraph 2. The Employment Minister, by the way, lays down special rules for crew members on merchant ships.

$35. The Minister for Employment may lay down detailed rules on how the members of the special negotiating body and the European Works Council are elected in Denmark.

Chapter 8

Sanctions

§ 36. The penalty shall be penalized by the person who conveyed information which, pursuant to sections 30 and 32, is classified as confidential, unless a higher penalty is passed on to other legislation.

§ 37. Inherit of Clause 9, section 10 (4). Paragraph 1, section 11, paragraph 11. 1, sections 16, 20 and 23 and section 24 (4). 1, 2 and 4 shall be punished by fine.

Paragraph 2. In rules, which are issued in accordance with sections 29, 34 and 35, the penalty of fine must be imposed.

Paragraph 3. If the infringement has been committed by a company, a society, a self-imposed institution, a fund or similar, can be imposed upon the legal person as such.

Chapter 9

The entry into force, etc.

§ 38. The law will enter into force on the 22nd. September 1996.

§ 39. The law shall not apply to Community undertakings and Community groups, where there are agreements on information and consultation which have entered into force or which enter into force no later than 21. September 1996. However, it is a prerequisite for an agreement to include all employees in the company or group concerned and relate to information and consultation on issues affecting companies or holdings in several of the undertakings in section 4 (2). One, mentioned countries.

Paragraph 2. If they are in paragraph 3. Paragraph 1 shall expire, the Parties may agree to continue these operations. If they do not continue, the law shall apply.

§ 40. The law does not apply to the Faroe Islands and Greenland.

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§ 2

The law shall enter into force on the 171. December 1999.

§ 3

Paragraph 1. The law shall not apply to Community undertakings and Community groups, as a result of section 1, no. Paragraph 1 shall be subject to the Law on European Works Councils, and where arrangements for information and consultation have come into force or which will enter into force no later than 14. December 1999. However, it is a prerequisite for an agreement to include all employees in the company or group concerned and relate to information and consultation on matters relating to undertakings or holdings in several of the undertakings in section 4 (2). One, mentioned countries.

Paragraph 2. If they are in paragraph 3. Paragraph 1 shall expire, the Parties may agree to continue these operations. If they do not continue, the law shall apply.

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§ 2

The law shall enter into force on 1. March 2008.

1) The law provides for the implementation of Council Directive no. 94 /45/EC of 22. In September 1994, 1994, OJ L 254, page 54, Council Directive no. 97 /74/EC of 15. In December 1997, 1998, L 10, page 22 and Council Directive no. 2006 /109/EC of 20. In November 2006, the Official Journal of the European Communities L 363, page 416.