Announcement Of Law On European Works Councils

Original Language Title: Bekendtgørelse af lov om europæiske samarbejdsudvalg

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=121462

Overview (table of contents) Chapter 1 purpose of the law

Chapter 2 Definitions

Chapter 3 procedure

Chapter 4 the special negotiating body

Chapter 5 the subsidiary provisions

Chapter 6 Confidentiality

Chapter VII Other provisions

Chapter 8 Penalties

Chapter 9 entry into force, etc., The full text of the announcement of law on the European samarbejdsudvalg1)

Hereby promulgated Act No. 371 of 22. May 1996 on European works councils with the changes brought about by Act No. 932 of 15. December 1999 and law No. 107 of 26. February 2008.

Chapter 1

The Act's purpose

§ 1. The Act's purpose is to improve employees ' opportunities for information and consultation on issues affecting businesses 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-scale undertakings and Community-scale groups, see. sections 4 and 5. When the central management, see. § 7 is located in Denmark, considers the provisions of the Act, with the exception of section 8, section 11, paragraph 3 and 4, § 22, paragraphs 2 and 3, section 33 and sections 35-37 also apply to foreign subsidiaries and holdings.

§ 3. The law does not apply, to the extent that a collective agreement or agreement contains obligations and rights as a minimum, comply with the provisions of Council Directive No. 94/45 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.

(2). The provisions of Chapter 6 shall, however, always apply to Community-scale undertakings and Community-scale groups and on foreign subsidiaries and holdings.

Chapter 2

Definitions

§ 4. By a Community-scale undertaking shall mean an undertaking which is

1) employs at least 1,000 employees in EU countries, and in the EEA countries and

2) includes holdings in at least two of the countries listed in point 1. 1, and

3) employs at least 150 employees in each of at least two of the countries listed in point 1. 1.

§ 5. By a Community group shall mean a group which meets the following conditions:

1) it employs at least 1,000 employees in those countries, as referred to in § 4, no. 1, and

2) it includes establishments in at least two of the countries, as referred to in § 4, no. 1, and

3) at least one company employs 150 workers in one of the countries listed in § 4, no. 1, and another company employs at least 150 employees in another of the countries listed in § 4, no. 1.

§ 6. By a parent undertaking means an undertaking which can exercise a dominant influence on another company URf.eks. by virtue of ownership, financial participation or the rules it is subject to the basic regulation. However, paragraph 6.

(2). Unless the contrary is proved, it shall be assumed that a company can exert a dominant influence, directly or indirectly, when the

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

2) holds the majority of voting rights in another undertaking, or

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

(3). If two or more companies within the same group of companies fulfils the conditions laid down in paragraph 2, be referred to the undertaking which satisfies the condition set out in paragraph 2, no. 1, as their parent company. If the condition set out in paragraph 2, no. 1, cannot be met by any company, be referred to the undertaking which satisfies the condition set out in paragraph 2, no. 2, as their parent company.

(4). A parent company constitutes together with the subsidiaries of a group.

(5). A company with which a parent undertaking has one of the connections referred to in paragraph 1, shall be designated as a subsidiary.

(6). Notwithstanding paragraphs 1 to 3 shall be deemed to be a business not for a parent, in the case of a company referred to in article 3, paragraph 5, point (a) of Council Regulation (EEC) No 2377/90. 4064/89 of 21 December 1989. December 1989 on the control of concentrations between undertakings. The same applies in the case of a company referred to in the same article, without prejudice to point (c). Article 5, paragraph 3, 1. paragraph, of the Fourth Council directive of 25. July 1978 on the annual accounts of certain types of companies (78/660).

(7). In determining voting rights and rights to appoint or remove the members of the administrative, management or supervisory bodies be included both rights are held by the parent undertaking, and the rights held by its subsidiaries.

(8). A manager of a bankruptcy estate, a liquidator or a similar regulatory authority, which carries out its tasks in accordance with the provisions of the Bankruptcy Act, the companies act or equivalent legislation, shall not be deemed to exercise a dominant influence referred to in paragraphs 1 and 2.

§ 7. By the central management of a Community-scale undertaking shall mean the management of the Community undertaking. By the central management of a Community Enterprise shall mean the management of the parent company. If several companies within the same group are parent undertakings shall be regarded as the central management to be the management of the of these enterprises, which can exercise a dominant influence over the other companies, see. However, section 6, paragraph 6.

(2). If the central management of the Community undertaking or Community group is not located in one of the in § 4, no. 1, countries mentioned, the central management shall be deemed to be the agent appointed by the central management. If such representative is not appointed, shall be regarded as the central management to be the management of the holding or the company that has the largest number of employees in one of the in § 4, no. 1, countries mentioned.

§ 8. Employment Minister lays down rules for the calculation of the number of employees under section 4 and section 5.

Chapter 3

Approach

§ 9. The central management shall provide the conditions and the means that are necessary to set up a European Works Council or an information and consultation procedure put in place.

§ 10. The central management can begin negotiations on the establishment of a European Works Council or the introduction of an information and consultation procedure on its own initiative, and shall do so on the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different countries, as referred to in § 4, no. 1.

(2). Request in accordance with paragraph 1 shall be submitted to the central management or any other leadership in the Community company or Community group.

(3). The time limits referred to in section 20 runs from the time when the request has been submitted, see. paragraph 1, to the central management or to the management of one of the companies or holdings, which, incidentally, is a part of the Community group or Community activities.

Chapter 4

The special negotiating body

Reduction

§ 11. When the conditions set out in section 10 are met, the central management shall initiate the creation of a special negotiating body.

(2). Negotiating body must consist of a minimum of 3 and a maximum of 27 members, who are elected by the employees ' representatives or, in the absence thereof, by the workers.

(3). Members elected in Denmark, chosen from among the staff of employees ' representatives in works councils. Where works councils have not been created, selected members of the trust representatives. If there is no elected union representatives, or if negotiated between management and the ordinary representatives of employees, elected members of all wage earners.

(4). If before the election be required to that effect, the Works Council or group of Union representatives be supplemented with representatives of groups that are not represented through the ordinary members of the Works Council or Union representatives.

(5). The special negotiating body shall be composed as follows:

1) a representative of the employees of each of those in § 4, no. 1, said countries where the company or the Group has one or more establishments or undertakings referred to in article 6. However, no. 2 and 3.

2) If the company or the Group has fewer than 2,000 employees and only have holdings or enterprises in two of those in § 4, no. 1, the said countries, designated an additional representative of the employees in the country are employed the most workers.

3) If the company or the Group has 2,000 employees or more, appointed further

(a)), a representative of the employees in the in § 4, no. 1, said countries where at least 25 per cent of the company's or the Group's employees are employed, and

(b)) two representatives of the employees of the in § 4, no. 1, said countries where more than 50 percent of the company's or the Group's employees are employed, or

c) three representatives of the staff of in § 4, no. 1, said countries where more than 75 percent of the company's or the Group's employees are employed, and

d) one representative of each stub 5,000 employees in countries where employed more than 5,000 employees if the company or the group in total employ more than 10,000 employees.

(6). If the sum of the members selected pursuant to paragraph 5, nr. 1-3, in excess of 27 members, first the number of members is reduced after no. 3 (d), and then the number of members after respectively, nr. 3 (a), (b) and (c).

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


The special negotiating body tasks

§ 13. The special negotiating body and the central management must negotiate in a spirit of cooperation with a view to the conclusion of a written agreement about either the establishment of a European Works Council or the introduction of one or more information and consultation procedures.

(2). The special negotiating body may be assisted by specially qualified after the members ' own choice.

§ 14. The central management shall convene a meeting with the special negotiating body to initiate negotiations on the conclusion of an agreement. The other managers informed of the call.

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

(2). If the special negotiating body decides in accordance with paragraph 1, stop negotiations on the conclusion of an agreement, and the provisions of Chapter 5 shall not apply.

(3). A new request to convene the special negotiating body may be made at the earliest two years after the decision has been taken in accordance with paragraph 1, unless the negotiating body and the central management shall lay down a shorter period.

§ 16. The central management shall bear the costs in connection with negotiations in accordance with sections 13 and 14. section 28 (2) and (3) shall apply mutatis mutandis.

The content of an agreement on a European Works Council

§ 17. An agreement on the establishment of a European Works Council, see. section 13, must, among other things, determine the following:

1) which companies are covered by the agreement.

2) the composition, number of members, the allocation of seats and the term of Office.

3) Committee functions and powers and the procedure for information and consultation of the Committee.

4) meeting place, meeting frequency and session length.

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

6) Rules for the adaptation of the agreement to the changes in the parent company's or the Group's structure and size.

7) the duration of the agreement and the procedure for its renegotiation.

The content of an agreement on information and consultation procedure

§ 18. An agreement on one or more information and consultation procedures, see. section 13, should lay down guidelines as to the manner in which employees ' representatives have the right to meet to exchange views on the information that they receive.

(2). The information referred to in paragraph 1 shall, in particular, issues affecting businesses in several countries and which affects employees ' interests significantly.

Common rule

§ 19. The special negotiating body shall take its decisions by a majority of its members, see. However, section 15. In the event of a tie, the members from the country, where there is the greatest number of employees, an extra vote.

Chapter 5

Subsidiary rules

Reduction of and competence of European works councils

§ 20. Establishment of a European Works Council in accordance with the rules laid down in this chapter:

1) If the central management and the special negotiating body decides it, or

2) if the central management has not initiated negotiations within six months of the request referred to in section 10 is made, or

3) if the parties cannot reach agreement on it in section 17 or section 18 of the said agreement within a period of three years from the time of the original request, and if the special negotiating body does not advance has taken the decision referred to in section 15.

§ 21. The European Works Council has only competence with regard to information and consultation on issues affecting the whole Community undertaking or the entire Community group or at least two establishments or undertakings within a group are located in various of the in § 4, no. 1, countries mentioned.

(2). For those companies or groups of companies, referred to in section 7, paragraph 2, the European Works Council only has jurisdiction in matters relating to all the holdings or all the companies in the group, which is located in the in § 4, no. 1, said countries or concerning at least two of the establishments or undertakings within a group are located in various of these countries.

§ 22. The European Works Council shall consist of at least three and not more than 30 members. Members are elected by the employees ' representatives from among their number or, failing that, of all employees.

(2). Members elected in Denmark, shall be elected by the employees ' representatives in works councils. Where works councils have not been created, selected members of the trust representatives. If there is no elected union representatives, or if negotiated between management and the ordinary representatives of employees, elected members of all wage earners.

(3). If before the election be required to that effect, the Works Council or group of Union representatives be supplemented with representatives of groups that are not represented through the ordinary members of the Works Council or Union representatives.

(4). If the Committee consists of more than 10 members, or if negotiated with the central management, the Committee chooses from among its members an Executive Committee, which shall consist of three members. The Executive Committee shall adopt its rules of procedure.

(5). The European Works Council shall be composed as follows:

1) a representative of the employees of each of those in § 4, no. 1, said countries where the company or the Group has one or more establishments or undertakings referred to in article 6. However, no. 2 and 3.

2) If the company or the Group has fewer than 2,000 employees and only have holdings or enterprises in two of those in § 4, no. 1, the said countries, designated an additional representative of the employees in the country are employed the most workers.

3) If the company or the Group has 2,000 employees or more, appointed further

(a)), a representative of the employees in the in § 4, no. 1, said countries where at least 25 per cent of the company's or the Group's employees are employed, and

(b)) two representatives of the employees of the in § 4, no. 1, said countries where more than 50 percent of the company's or the Group's employees are employed, or

c) three representatives of the staff of in § 4, no. 1, said countries where more than 75 percent of the company's or the Group's employees are employed, and

d) one representative of each stub 5,000 employees in countries where employed more than 5,000 employees if the company or the group in total employ more than 10,000 employees.

(6). If the sum of the members selected pursuant to paragraph 5, nr. 1-3, exceed 30 members, reduced the number of members in accordance with no. 3 (d).

(7). The central management or after this management instructions any other more appropriate level of management shall be informed of the composition of the European Works Council.

(8). The central management shall every two years after the introduction of the European Works Council shall calculate the number of employees in each of the in § 4, no. 1, countries mentioned. The central management must inform the European Works Council about the result of the calculation. If the calculation would lead to a changed composition according to the rules laid down in paragraphs 5 and 6, the number of members from those countries, who then have the right to more or fewer members, will be adjusted accordingly.

(9). Four years after the introduction of the European Works Council set up in accordance with the provisions of this chapter, the Committee shall consider whether or not there is a need to initiate negotiations with a view to the conclusion of the in section 17 or section 18 of the agreement in question, or of the cooperation Committee shall be maintained on the given legal bases.

Paragraph 10. section 17, article 18 and article 20, paragraph 1, shall apply mutatis mutandis, if a decision is taken to negotiate an agreement in accordance with section 17 and section 18, and the term ' special negotiating body ' shall be replaced by the term ' European Works Council '.

Meeting

§ 23. The European Works Council has the right to meet with the central management once a year. Prior to the meeting, the central management shall draw up a report, which forms the basis for the meeting. The purpose of the meeting is to inform and consult the Committee on developments in the Community of the establishment or community group's activities and its future prospects. The local managements shall be informed of the report.

(2). The meeting shall focus in particular the company's or the Group's structure, its economic and financial situation, the probable development with regard to its production and sales activities, the employment situation and its probable development, investment, significant changes in the company's or the Group's organization, introduction of new working methods or production processes, transfers of production, mergers, size reduction or closure of businesses, farms or important parts thereof, and dismissals of larger scale.

§ 24. In the event of exceptional circumstances affecting the employees ' interests to a significant extent, in particular, the movement, the closure of establishments or undertakings or redundancies of larger scale, the Executive Committee or, if one does not exist, the European Works Council the right to be informed.


(2). The Executive Committee or, if one does not exist, the European works councils have, upon request, entitled to meet with the central management or any more appropriate level of management in the Community company or Community group, if this level of management has the competence to independently take a decision in order to be informed and consulted on measures significantly affect employees ' interests.

(3). In the Executive Committee meeting with management, see. (2), the members of the European Works Council who have been elected or appointed by the establishments or undertakings which are directly concerned by the measures envisaged, also participate.

(4). The meeting referred to in paragraph 2 shall take place as soon as possible on the basis of a report from the central management or any more appropriate level of management. The Executive Committee or the European Works Council can make a statement about the report after the meeting or within a reasonable period of time.

(5). The holding of the meeting, see. paragraph 2 shall be without prejudice to the powers of the central management.

§ 25. In connection with meetings with the central management, the European Works Council or the Executive Committee, possibly in the in section 24 (3) extended composition, allowed to meet without management present.

section 26. The members of the European Works Council shall inform without prejudice. However, section 30, the employees ' representatives on the farm or enterprise level or, in the absence of any such representatives, all employees of the content and outcome of the information and consultation procedure carried out in accordance with the provisions of this chapter.

§ 27. The European Works Council or the Executive Committee may be assisted by experts after the members ' own choice, particularly if this is necessary in order that the Committee can carry out its tasks.

section 28. Operating expenses of the European Works Council shall be borne by the central management.

(2). The central management shall make adequate resources available for members of the European Works Council to enable them to perform their duties in an appropriate manner. The central management shall ensure that the members of the European Works Council and the Executive Committee does not suffer a loss of wages due to their participation in the work of the Committee.

(3). The central management shall bear the costs related to the organisation of meetings and interpretation of these, living and travel expenses of members of the European Works Council and the Executive Committee as well as of a special expert, unless otherwise agreed.

section 29. Employment Minister may lay down budgetary rules regarding the operation of the European Works Council.

Chapter 6

Confidentiality

section 30. Where the interests of the company's interests so requires, it may the central management in individual cases impose on members of the special negotiating body of the European Works Council and of the Executive Committee as well as the special experts, who may assist them, secrecy. This obligation shall also apply after the expiry of the term of Office of its members.

section 31. The central management may fail to disclose information to the members of the special negotiating body of the European Works Council and of the Executive Committee, if it is necessary in the interests of the company's interests, because it would embarrass or harm the company.

section 32. sections 30 and 31 apply also where agreed an information and consultation procedure referred to in article 6. section 13, paragraph 1.

Chapter 7

Other provisions

section 33. Members of the special negotiating body and of the European Works Council are protected against dismissal and other deterioration of their relationship in the same way as Union representatives within the case or equivalent professional area.

§ 34. Crew members on commercial vessels may not be selected as members of the special negotiating body and the European Works Council.

(2). Employment Minister stipulates, moreover, specific rules for crew members on commercial vessels.

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

Chapter 8

Sanctions

§ 36. With fine punished anyone who discloses information in accordance with sections 30 and 32 is given as confidential, unless a higher penalty is inflicted for other legislation.

section 37. Violation of section 9, section 10, paragraph 1, article 11, paragraph 1, articles 16, 20 and 23 and section 24 (1), (2) and (4) shall be punished by a fine.

(2). In rules issued in accordance with sections 29, 34 and 35, can be fixed penalty of fine.

(3). Is the infringement committed by a company, an association, an independent institution, a fund or similar, can fine responsibility imposed on the legal person as such.

Chapter 9

Entry into force, etc.

section 38. The law will enter into force on 22. September 1996.

§ 39. The law does not apply to the Community-scale undertakings and Community-scale groups, where there are agreements on information and consultation which has entered into force, or which enter into force no later than the 21. September 1996. However, it is a prerequisite that an agreement include all workers in the undertaking or the Group and relate to information and consultation on issues affecting companies or holdings in several of the measures referred to in § 4, no. 1, countries mentioned.

(2). If the agreements referred to in paragraph 1 expire, the parties may agree to continue these. If not they will be continued, find the law applicable.

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




Act No. 932 of 15. December 1999 amending law § 4 and § 11, includes the following entry-into-force provisions:



§ 2

The law will enter into force on 17. December 1999.

§ 3

(1). The law does not apply to Community-scale undertakings and Community-scale groups of those who, as a result of section 1, nr. 1, will be covered by the law on European works councils, and where there are agreements on information and consultation which has entered into force, or which will enter into force at the latest by 14. December 1999. However, it is a prerequisite that an agreement include all workers in the undertaking or the Group and relate to information and consultation on issues affecting companies or holdings in several of the measures referred to in § 4, no. 1, countries mentioned.

(2). If the agreements referred to in paragraph 1 expire, the parties may agree to continue these. If they are not maintained, will find the law applicable.




Act No. 107 of 26. February 2008, amending article 11, paragraphs 2 and 6, as well as the footnote to the title of the Act, includes the following entry-into-force provision:



§ 2

The law shall enter into force on the 1. March 2008.
The Ministry of employment, on the 27th. October 2009 Inger Støjberg/Lise Fangel Official notes 1) Act contains provisions implementing Council Directive No. 94/45/EC of 22. September 1994, official journal 1994 L 254, p. 54, Council Directive No. 97/74/EC of 15. December 1997, 1998 Official Journal L 10, page 22 and Council directive nr. 2006/109/EC of 20. November 2006, the official journal of the European communities 2006 L 363, page 416.