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In accordance with the decision of the Parliament:
This law provides for the cooperation procedures between both the Finnish and the Community-scale group of undertakings and the management and staff of the undertakings concerned, in order to ensure an exchange of views and dialogue with the employees' representatives, and Between the appropriate company management.
The purpose of the law is to improve the rights of workers to be informed and to be consulted on the activities of undertakings and groups of companies and their development prospects, and in particular on matters affecting the status of workers and their Employment in the enterprise group or company. The purpose of the law is also to promote interaction between companies and groups of companies.
Paragraphs 1, 2, 4 and 5 of this Act shall apply to the Finnish group of undertakings referred to in Article 7 and to an undertaking whose activities consist of an autonomous operating unit.
Articles 1 and 3 to 5 of this Act shall apply to a Community-scale group of undertakings within the meaning of Article 13 and to a Community-scale undertaking.
The European Company Statute and the Statute for a European Cooperative Society (SCE) are provided for by the European Company Statute (SE) and the Statute for a European Cooperative Society (SCE) (2003) .
The right of staff to participate in the management of undertakings is governed by the law on the representation of staff in the management of undertakings (725/1990) .
Irrespective of the law provided for in this Act, cooperation between the Finnish company and its staff must be respected, as laid down in the Companies Act (2003) .
For the purposes of this Law, the group consists of a group comprising the controlling undertaking and the companies controlled by it.
A qualifying undertaking shall be regarded as an undertaking holding a dominant influence in another undertaking on the basis of the statutes or statutes of an undertaking or a controlled undertaking, or by any other equivalent Manner.
Unless proven otherwise, the undertaking shall be deemed to exercise control over another undertaking:
(1) where it may, directly or indirectly, appoint more than half of the members of the board of directors or of the institution responsible;
(2) where it has a majority of the voting rights based on shares or units of an undertaking; or
(3) when directly or indirectly owns more than half of the shares or shares of the undertaking.
Where two or more undertakings in a group of undertakings can be considered to exercise control, control shall primarily be controlled by the undertaking referred to in paragraph 3 (1) and, in the alternative, by the undertaking referred to in paragraph 2, unless it is demonstrated that one of the undertakings To exercise control.
The law applicable to the determination of jurisdiction in a Community-scale group of undertakings or undertakings is governed by Article 16.
The number of employees referred to in Articles 7 and 13 in the Finnish business group and in the company, including part-time and temporary workers, is calculated as the average of the last two years of working in the company.
The Labour Council shall issue opinions as to whether the group or undertaking is to be regarded as such in which this law applies, as is the case with the Labour Council and the Law on Exemption (2004) Provides.
The provisions of this Chapter apply to a Finnish group of companies with a total of 500 employees in Finland. These provisions apply to the group of Finnish companies with at least 20 employees.
Where there is one or more groups of undertakings in the group, the provisions of this Chapter shall apply only to the top group of undertakings, unless the latter management and the employees' representatives are in a position to organise joint activities differently.
The provisions of this Chapter shall apply in the case of the number of employees referred to in paragraph 1 also to an undertaking in a Finnish company which consists of operating units in different localities in Finland. The administrative autonomy unit shall be subject to the provisions of the company group.
Where the activity of an undertaking belonging to a group of undertakings or of a business unit of an enterprise is not closely linked to the production or service activities carried out within the group or in the undertaking, the activities of this undertaking or of the operational unit are not significant From the point of view of the group of undertakings or of the employees of an undertaking, such an undertaking may be excluded from the cooperation provided for in this Chapter.
Notwithstanding the provisions of Articles 9 to 12, the management and employees'representatives of the group or undertakings shall, notwithstanding the provisions of the Joint Action and the number and distribution of employees' representatives, agree on the content and procedure of the Joint Action.
The group or each category of staff of an undertaking shall have the right to elect one representative from among its members to the group of employees. Staff groups shall, before the selection of representatives, agree among themselves that a maximum of three additional members shall be selected for the group of employees. At the same time, it is necessary to agree which categories of staff are entitled to select additional members.
The agreement on cooperation shall be made in writing. The agreement may be valid for a period of time or time. The contract currently in force may terminate the management of the group of undertakings or the management of the undertaking and the representative of each group of staff in the course of the contract. If the staff member has more than one representative, they shall have to agree to the termination of the contract. The agreement on cooperation may be limited to the right of representatives of staff groups to terminate this Agreement. The notice period shall be eight months, unless otherwise agreed.
Once the agreement has been concluded, the provisions of Articles 9 to 12 shall be complied with.
In the case of a group of undertakings and an undertaking where there is no agreement between management and employees, the provisions of Articles 10 to 12 shall apply. However, the agreement between a group of undertakings or a company may be concluded at any time, without prejudice to Articles 10 to 12.
However, in the case of an enterprise group or an undertaking which, following an increase in the number of employees, fulfils the conditions of application laid down in Article 7, the secondary provisions shall apply only 12 months after the opening of the contractual negotiations referred to in Article 8; No later than 24 months after the date of application of the law, unless it has been agreed upon.
The employees of each Finnish company in the group have the right to choose from among their number one representative for the joint action of the group's management and employees. Employees' representatives should be selected in such a way as to have at least one representative per group of staff.
The representatives of the employees of the companies in Finland shall be given:
(1) a consolidated statement of the financial position of the group of companies, together with consolidated financial statements, or, where the group is not legally required to draw up a consolidated financial statement, the corresponding statement available to the group;
(2) the accounting data for the development of the production, employment, profitability and cost structure of the group of undertakings, and an estimate of the likely staff numbers and changes in the skills or skills requirements of the employees by category of staff;
(3) information on the decisions considered by the management of the group of undertakings concerning the essential extension, reduction or termination of the activities of the enterprise group; and
(4) information on the solutions envisaged at the head of the group of undertakings which, affecting the status of employees, substantially alter the product range of the enterprise group, the service activity or any other comparable activity.
A company belonging to a group of undertakings other than Finland shall, in addition to the consolidated financial statements or the corresponding information, provide only the information referred to in paragraph 1 (2), which is of fundamental importance to the group The position of employees working in Finland.
The information referred to in Article 11 (1) shall be furnished by a person familiar with the management or management of an undertaking referred to in Article 7 (3) or by management, in such a way that the information referred to in Article 11 (1), The interaction between the management and the employees'representatives of the independent operating entities and between the employees' representatives may take place.
Information on the matters referred to in Article 11 (1) (3) and (4) shall be provided to the representatives of the employees concerned. This information shall be provided in such a way that the joint operating procedures and consultations referred to in Chapters 6 to 8 of the Law on Joint Action may be carried out within the undertaking or operational unit concerned.
The provisions of this Chapter shall apply to private or public enterprise groups and undertakings engaged in an economic activity with a total of 1 000 employees in the European Economic Area, where:
(1) a Community-scale group of undertakings in at least two of the Member States of the European Economic Area have at least 150 employees individually; or
(2) a Community-scale undertaking has at least 150 employees in each of the Member States of the European Economic Area.
On a transnational case In the case of a group of undertakings or undertakings of a Community dimension, or at least two undertakings of a group of undertakings or of a Community-scale undertaking located in the various Member States of the European Economic Area, and the case of: Irrespective of the number of Member States, there is a significant impact on the position of workers or on transfers between Member States.
The trans-national business group and the company must be informed of the transnational issue and consulted on a transnational matter at the appropriate level of management and representation.
Information shall be carried out in such a way as to ensure that employees'representatives are informed of the relevant information and that the employees' representatives are sufficiently well informed and prepared to: Consultation with the competent body of the Community-scale undertaking or group of undertakings.
Consultation shall be carried out in such a way as to establish a dialogue between the employees' representatives and the central government or any other appropriate level of management. The time, method and content of the consultation shall be such that representatives of employees, without prejudice to management responsibilities, shall, on the basis of the information received, give an opinion on the proposed measures subject to consultation, which may be taken In a Community-scale undertaking or group of undertakings.
The undertaking referred to in Article 3 (5) (a) and (c) of Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings is not considered to be a dominant undertaking.
The administrator, liquidator or liquidator, who deals with bankruptcy law (2003) , the Law on the restructuring of the company (187/1993) , the Companies Act (1024/2006) Or the functions provided for in the relevant legislation, shall not be deemed to be the sole authority to exercise control within the meaning of Article 4.
The law applicable to the determination of the qualifying undertaking is the law of the Member State of the European Economic Area applicable to each undertaking of the group. However, where a company is not subject to the law of a Member State, the law applicable to the determination of control shall be the law of the Member State in which the representative of the undertaking or, if it is not, the largest number of employees in the group of undertakings.
The obligations laid down in this Chapter are in a Community-scale group of undertakings controlled by a company controlled in Finland or a Community-scale undertaking registered in Finland ( Central government ).
Where the central administration of a Community-scale group of undertakings or a Community-scale undertaking is located outside the European Economic Area, the obligations laid down in this Chapter shall be those of a Community-scale group of undertakings with a Community dimension An undertaking or a Community-wide activity unit where the central administration of the group or Community-scale undertaking has so demonstrated.
If the central administration of a Community-scale group of undertakings or a Community-scale undertaking located outside the European Economic Area has not demonstrated the existence of any of the companies or operating entities controlled by the European Economic Area In accordance with the obligations laid down in this Chapter, shall be responsible for the undertaking or unit of activity controlled by the Finnish authority if it is the largest number of employees in the Community-wide group of undertakings or undertakings in the European Economic Area. Controlled undertakings or units of operation.
The joint management group or the central government referred to in Article 17 of the undertaking, together with the employees' representatives, shall take the initiative to set up a European Works Council or a similar information and consultation procedure. To take effect.
The central administration within the meaning of Article 17 of the Community-wide group or company, as well as the management of the entity-scale undertaking of a Community-scale group of undertakings in Finland and a Community-scale group of undertakings in the Community, are obliged to ensure that: And the parties to the consultation procedure shall have access to the information necessary for the opening of the negotiations referred to in Article 22. These include, in particular, information relating to the structure and labour force structure of a Community-scale group of undertakings or undertakings and the number of employees referred to in Article 13.
Employees must choose a negotiating team:
(1) where the central administration within the meaning of Article 17 of the Community-scale group or undertaking proposes negotiations for the establishment of a European Works Council or a similar procedure for information and consultation; or
(2) where a total of at least 100 employees or their representatives from at least two companies or operational units located in at least two Member States of the European Economic Area request the opening of such negotiations.
The members of the Workers' Negotiating Group shall be selected in proportion to the number of employees employed in a Community-scale undertaking or group of undertakings in each Member State, with one representative per Member State Per worker employed, which corresponds to 10 % of the number of employees working in all Member States.
The negotiating team shall notify its composition to the central management of the Community-scale group of undertakings or the central administration of the undertaking, the management of the undertakings controlled by the Community-scale group of undertakings or the operating units of the Community-scale undertaking, and Workers and employers' organisations at European level.
For the purposes of the negotiations, the negotiating team may request assistance from selected experts, which may include representatives of workers' organisations at the competent European level. Such experts and representatives of employees' organisations may, at the request of the Negotiating Group, participate as advisers in the negotiation meetings.
The Group of Workers shall have at least three and more than 18 members, unless the application of Article 20 (1) leads to a larger number of members.
Employees of a group-wide group of undertakings or companies or operational units in Finland shall elect their representatives by agreement or election to the negotiating team. Where employees are not suitable for the selection procedure of their representatives, the two largest groups of employees of the companies or activities shall be jointly organised by the election of the members of the negotiating team or any other selection procedure. All employees of undertakings or operating entities shall have the right to participate in the election organised by the Labour Inspectors.
Representatives of employees of a group-wide group of undertakings or undertakings in other Member States of the European Economic Area shall be elected in accordance with the national law or practice of each State.
The Working Party of the Workers' Negotiating Group shall notify its composition, both to the central administration of the Community-scale group of undertakings or to the management bodies of the undertakings controlled by the group of undertakings or of the undertakings of the Community-scale undertaking.
The central administration and the staff negotiating team must negotiate in a spirit of joint action with a view to reaching an agreement on a European Works Council or a similar procedure for informing and consulting them.
The Central Command shall convene a meeting of the Group of Workers to begin the negotiations on the agreement referred to in paragraph 1. The central administration shall inform the management of the other undertakings of the Community-scale group of undertakings or the management of the operations units of the Community-scale undertaking at the invitation to negotiate.
The central administration shall also inform the competent European employers'and employers' organisations at the invitation to negotiate. (10/06/2015)
The negotiating team shall have the right to meet all the means necessary for communication, using prior and subsequent meetings with the central government, without the presence of central government representatives. (10/06/2015)
The central administration shall be responsible for the selection of the members of the negotiating team of employees, the negotiation of the negotiating team for the contract negotiations referred to in Article 22, and the reasonable Costs.
The workers' negotiating team shall, by a majority of at least two thirds, decide not to enter into negotiations within the meaning of Article 22 or to suspend the negotiations which have already begun. In order to restart the negotiations, the employees' negotiating team shall be convened no earlier than two years after the decision, unless the central administration and the negotiating team have agreed or agree on a shorter deadline.
If, pursuant to paragraph 1, the Working Party of Workers' Negotiating Group has decided not to negotiate, the Community-scale group or company shall not be subject to the subsidiary provisions of Articles 27 to 37 of the cooperation procedure.
The Working Party of Workers may conclude an agreement with the central government on one or more European works councils or on one or more other information and consultation procedures, if more than half of the negotiating team Members are in favour.
The written agreement on the European Works Council shall, unless otherwise agreed, provide for:
(1) the undertakings or entities covered by the contract;
(2) the composition of the enterprise council, the number of members and the distribution of seats, taking into account, as far as possible, a balanced distribution of employee representation between the various activities, the categories of workers and the sexes, and the The length of office;
(3) the tasks of the Works Council and the procedure for informing and consulting them, as well as the relationship with the corresponding procedure at national level;
(4) the meeting place or place of the business council, the frequency of meetings and the duration of meetings;
(5) the composition, appointment, duties and procedural rules of the Bureau of the Works Council;
(6) financial and other material resources to be allocated to the Business Council; and
(7) the time and duration of the entry into force of the Agreement and the procedure for the modification, termination and renegotiation of the contract and the procedure for a change in the structure of the Community-scale undertaking or group of undertakings.
(10/06/2015)Instead of setting up a European works council, the central administration and the staff negotiating team may agree in writing on a single or more information and consultation procedure. The contract shall specify the matters for which employees' representatives are entitled to receive information and be heard. These include, in particular, the transnational elements of a Community-wide group of companies or undertakings with a significant impact on the status of workers. The agreement shall also provide for detailed rules on the right of employees' representatives to meet to discuss the information they receive.
The agreement on a European Works Council or other information and consultation procedure supersedes the secondary provisions referred to in Articles 27 to 38 on joint action within a Community-scale group of undertakings and undertakings, subject to the agreement. (10/06/2015)
Subject to the provisions of Article 26 (1) (3), information and consultation shall be carried out both within the European Works Council and in the procedure under the law of undertakings, Where decisions are planned which may lead to significant changes in working arrangements or contractual relations.
Where there is a significant change in the structure of a Community-scale undertaking or group of undertakings and there is no contradiction between the provisions of the contract or the provisions of the agreements relating thereto, the central government shall initiate the procedure referred to in Article 22 Negotiations on their own initiative or at least on the written request of at least one hundred employees or their representatives in the various Member States.
In the course of the negotiations referred to in paragraph 1, at least three members of each of the European Works Councils shall be members of the staff negotiating group, in addition to the members elected in accordance with Article 20.
The European Works Councils shall continue their activities during the negotiations referred to in paragraph 1, in accordance with arrangements which may have been adjusted by the members of the European Works Council or between the members of the works councils and the central government. Contracts.
Articles 28 to 38 of the European Works Council shall be subject to the provisions of Articles 28 to 38 of the Community-wide group or company:
(1) when agreed upon by the central administration and the group of workers' negotiating parties;
(2) unless the central government has opened negotiations with the group of workers within six months of the request for consultation of the employees or their representatives referred to in Article 19 (2); or
(3) unless the central administration and the staff negotiating team have reached an agreement in their negotiations for the cooperation referred to in this Chapter within three years of the dates referred to in Article 19, except where this has been the result of The decision to abstain from any agreement within the meaning of Article 24 of the Negotiating Group.
(10/06/2015)Where a Community-scale group of undertakings has a single controlling undertaking, the European Works Council shall be set up only at the level of the controlling undertaking, subject to the agreement referred to in Article 26.
The members of the European Works Council shall be selected in proportion to the number of employees employed in a Community-scale undertaking or group of undertakings in each Member State, with one representative per Member State Per worker employed, which corresponds to 10 % of the number of employees working in all Member States.
Employees of a group-wide group or company located in Finland shall elect from among their number by agreement or election to the European Works Council. Where staff are not suitable for the selection procedure of their representatives, the two largest groups of employees of the companies or of the operational units shall be organised jointly by the election of the members of the works council or by other selection procedures. All staff of the undertakings or operating entities shall be entitled to participate in the election of the members of the European Works Council organised by the Labour Inspectors.
Representatives of employees of a group-wide group of undertakings or undertakings in other Member States of the European Economic Area shall be elected in accordance with the national law or practice of each State.
The Enterprise Council shall notify its composition and any changes thereto to the central administration of the Community-scale group or company or any other appropriate management of the group or company addressed to it.
The Enterprise Council shall adopt its Rules of Procedure.
The Enterprise Council shall elect a Bureau of up to five members from among its members, which shall adopt its rules of procedure and shall have the opportunity to act on a regular basis. (10/06/2015)
The European Works Council and its bureau shall have the right to be informed and consulted on matters relating to the whole Community-wide group or undertaking, or at least two undertakings of a group of undertakings or a Community dimension. The company's operational units located in the various Member States of the European Economic Area. Similarly, in the Community-scale groups and undertakings referred to in Article 17 (2) and (3), only matters relating to all undertakings or units of activity in the European Economic Area or at least two undertakings shall be treated: Or operational units located in different Member States of the European Economic Area.
The European Works Council shall have the right to meet at least once a year with a Community-scale group of undertakings or representatives of the Finnish central government in order to obtain information and to be consulted on the business of the group or undertaking. And future prospects. Before the meeting, the central administration shall provide a written report on the issues to be discussed at the meeting.
The central administration shall inform the management of the meeting of the Community-scale group of undertakings or other undertakings or operating units of the entity.
The European Works Council shall be informed, in particular, of the structure of the Community-scale undertaking or group of undertakings, the economic and financial situation and the prospects for development, production and sales. (10/06/2015)
Information and consultation of the European Works Council concern, in particular, the labour situation and its prospects of development, investment, significant organisational changes, the introduction of new work and production methods, production transfers, The reduction or abolition of the production of mergers, undertakings, operating units or their significant parts, and, in accordance with the provisions of each Community-scale group of undertakings, or of the State of activity of each undertaking, By national law, workers Reduction of workers referred to in Council Directive 98 /59/EC on the approximation of the laws of the Member States relating to collective redundancies. (10/06/2015)
The consultation shall be carried out in such a way as to enable employees' representatives to meet with the central government and to receive a reasoned reply to all the opinions they have made. (10/06/2015)
Before a regular meeting, members of the European Works Council shall have the right to meet.
The central administration shall present to the Bureau in a timely manner an explanation of the exceptional circumstances or decisions which have a significant impact on the status of workers. These include, in particular, the relocation of activities, the cessation of the company or the operational unit and the redundancies referred to in Article 33 (4). (10/06/2015)
At the request of the bureau, the central government or any other business management with decision-making powers shall hold a meeting in which it shall communicate the matters referred to in paragraph 1 and exchange views with the Bureau. Even those members of the European Works Council who are not members of the Bureau but who are represented by the workers referred to in paragraph 1 shall be entitled to attend the meeting.
The extraordinary meeting shall be organised as soon as possible after the report has been issued. For the purpose of the meeting, the management of the Community-scale group of undertakings or undertakings referred to in paragraph 2 shall draw up a report on which the Bureau may issue an opinion at the end of the meeting or within a reasonable period from the end of the meeting.
The Committee on Employment and Social Affairs, supplemented, where appropriate, in accordance with paragraph 2, shall be entitled to meet without the presence of a Community-scale group of undertakings or undertakings.
As regards the Committee on Employment and Social Affairs, the European Works Council, if it has not elected its Bureau, shall apply.
Article 43 shall apply to employees' professional secrecy in the situations referred to in paragraph 1. (10/06/2015)
The European Works Council and its Bureau shall have the right, to the extent necessary, to use the experts of their choice in preparation for the meetings referred to in Articles 33 and 34.
Article 40a shall apply to the obligation to inform the members of the Council and its bureau.
The central administration shall be responsible for the costs of the operation of the European Works Council and its Bureau, which shall at least consist of the organisation and interpretation costs of the meetings and the travel and Accommodation costs, unless otherwise agreed.
The central administration shall demonstrate to the members of the European Works Council and its Bureau the financial and other material resources necessary for the proper performance of their duties.
Unless otherwise agreed, the central administration shall be responsible for the travel and accommodation costs of one of the cases referred to in Articles 33 and 34 of the European Works Council and its Bureau.
At the latest four years after its establishment, the Enterprise Council will assess whether negotiations with the central government should start negotiations on the agreement referred to in Article 26.
If the business council decides by a simple majority to present negotiations to the central government, the works council will negotiate instead of the group of employees. The negotiations shall otherwise apply mutatis mutandis, as provided for in Articles 22 to 26.
Notwithstanding the reduction in the number of employees of a Community-scale group of undertakings or a company smaller than that provided for in Article 13, a contract within the meaning of Article 26 of the European Works Council or other information and consultation procedure, as referred to in Article 26, applies in Finland. For a further period of six months after the number of employees of the group or company no longer meets the amounts laid down in Article 13, unless otherwise provided for in the contract.
Similarly, the Workers' Consultation Group referred to in Article 19 and the European Works Council, as referred to in Article 28, shall retain their status and duties six months after the number of employees of the group or undertaking has been reduced to less than Article 13 provides.
Members of the European Works Council shall have the necessary means to exercise their rights under this law so that they may represent the interests of employees of a Community-scale undertaking or group of undertakings. The members of the staff negotiating team and the members of the European Works Council shall be trained to the extent necessary to carry out their representation in an international environment.
The representatives of the employees referred to in this Act shall have the right to obtain sufficient freedom from their work for the purpose of carrying out their duties and training. The resulting loss of earnings shall be compensated by the employer. In each case, the remainder of the exemption from work and compensation for loss of earnings shall be agreed between the representative of the employees concerned and the employer.
If an employee representative participates outside his working time under the cooperation procedure under this law or carries out a task agreed with the other employer, the employer shall pay compensation for the period under which he/she is employed; The regular working time of the representative.
Workers' representatives shall report directly to employees on the content and results of the information and consultation referred to in Chapter 3 of the Community-scale group of undertakings or of employees of the Community-scale group of undertakings or of the company's employees, Subject to the obligation of professional secrecy referred to in Article 43.
The protection of workers' representatives within the meaning of this Act is in force: (55/2001) in Chapter 7, Article 10 Provides for the protection of the dismissal of the trustee and the trustee.
The protection of the dismissal of a representative of workers elected in a Member State of the European Economic Area shall be governed by the national law of that State.
The management of the business group or company referred to in Article 7, the employees' representatives referred to in Article 8 or Article 10, and the central administration referred to in Article 13 of the company or company referred to in Article 17 of the company, and the Finnish employees of this company Shall receive, without prejudice to the above, a written agreement on the combination of the content and procedure of the national and Community-wide cooperation procedure.
A worker who is a member of the Advisory Group for Workers referred to in Article 8 or 20, and the representative of the employees who are involved in the cooperation procedure and the employees' representatives, shall be kept secret by the expert referred to in this Law. In the context of the cooperation procedure:
(1) information on business and professional secrecy of the group or undertaking;
(2) information on the financial situation of the group or undertaking which is not, under other legislation, public and whose spread would be liable to harm the group or company or their business and contract partners; and
(3) information on the business safety of the group or undertaking and the corresponding security arrangement, the dissemination of which would be likely to harm the group or company or their business and contract partners.
Paragraph 1 shall not preclude the obligation of professional secrecy after informing the employees or workers' representatives or the representatives of workers referred to in that paragraph of confidential information concerning the confidentiality of information. For assisting experts, if necessary for the management of the cooperation tasks.
The obligation of professional secrecy shall require:
(1) the management of the group or undertaking has demonstrated to the professional secrecy referred to in paragraph 1 the information covered by the business and professional secrecy;
(2) Whereas the management of the group or undertaking has notified the confidentiality of the information referred to in paragraph 1 that the information referred to in paragraph 1 (2) and (3) is confidential; and
(3) The obligation of professional secrecy referred to in paragraph 1 has been notified by the obligation of professional secrecy to the employees or workers referred to in paragraph 2, or to the experts assisting them.
The obligation of professional secrecy shall extend beyond the period of validity of the employee and his representative referred to in paragraph 1 and shall be bound by the obligation of professional secrecy after the termination of the expert mission.
Under the management of a group of undertakings, the central administration is not obliged to provide employees and their representatives with information whose disclosure would result in an objective assessment of significant injury or damage to the business group, the undertaking, or Its operation.
In the course of the preparation of a company controlled by a controlling company or a Community-scale undertaking within the meaning of Article 7 (3) or in Article 13 (2), financial or production decisions resulting from a company controlled by it Or the operational unit should be likely to consider a reduction in the use of labour within the meaning of the Council Directive on the approximation of the laws of the Member States relating to collective redundancies, The undertaking or unit of operation of the control Adequate knowledge of the solutions being prepared and their options, so that the latter entity or unit of activity can properly fulfil its cooperation obligations.
A representative of a central government, a controlled undertaking or an undertaking within the meaning of Article 2 (2), of an undertaking or of an undertaking of such an undertaking, who intentionally or negligently fails to comply with, or in breach of Articles 11, 12 or 13c, Article 18 (2) Article 22 (2), Articles 32 to 35, 39, 40 or 47, except where Article 40 provides for an employer's obligation to pay, or substantially fails to comply with the agreement referred to in Articles 8 or 26, Must be condemned Breach of the corporate group obligation Fine. (10/06/2015)
Punishment of the rights of the Joint Action Representative, as referred to in Article 41, is governed by criminal law (39/1889) Article 4 of Chapter 47 And the punishment for the prevention of workers from their choice of representatives to the consultation or joint bodies referred to in this Act Article 5 of Chapter 47 of the Penal Code -In.
Penalty for breach of the obligation of professional secrecy laid down in Article 43 Article 2 of Chapter 38 of the Penal Code (2), except where an act other than Article 1 of Chapter 38 of the Penal Code There is a more severe punishment.
The employer must keep this law freely available to employees in the workplace.
The enforcement and application of this law shall be governed by the law of the (216/2010) . In addition to monitoring compliance with the law, the employers', employees' and employees' associations, which are subject to the provisions of the national collective agreement, must comply with the provisions of collective bargaining agreements. (166/46) Included.
This Act shall enter into force on 1 July 2007.
Where other legislation makes reference to the law in force at the time of entry into force of this Act (1725/1978) National or international rules on group cooperation shall be replaced by this law.
The provisions of this law shall not apply to undertakings and groups of undertakings within the meaning of this Act which, at the time of entry into force of this Act, have a national or national contract within the meaning of the law in force. An agreement on international group cooperation, or before 22 September 1996, on the interaction between management and staff of the group. Unless otherwise agreed, the period of notice of the last contract shall be six months, followed by the obligations laid down in this Act.
THEY 254/2006 , TyVM 15/2006, EV 286/2006 Council Directive 94 /45/EC, OJ L 254, 30.9.1994, p. 64, Council Directive 97 /81/EC, OJ L 14, 20.1.1998, p. 9, Council Directive 1999 /70/EC, OJ L 175, 10.7.1999 p. 43This Act shall enter into force on 15 June 2011.
With the exception of Article 26b, this law does not apply to Community-wide undertakings and groups of undertakings which have a European Works Council or a Community-scale procedure for informing and consulting employees. Article 13 (1) of Council Directive 94 /45/EC on undertakings or groups of undertakings or the introduction of a procedure for informing and consulting employees in Community-scale undertakings; or On the extension of Directive 94 /45/EC on business groups In accordance with Article 3 (1) of Council Directive 97 /74/EC of Council Directive 97 /74/EC of Council Directive 97 /74/EC of the European Parliament and of the Council on informing and consulting employees on a transnational basis or in which: Such contracts shall be revised due to the change in the structure of the undertaking or group of undertakings.
UCITS and groups of undertakings with a view to establishing a European Works Council or a procedure for informing and consulting employees between 5 June 2009 and 5 June 2011 The contract signed or revised in accordance with Article 6 of Council Directive 94 /45/EC on Community-scale undertakings or groups of undertakings, the provisions in force at the date of entry into force of this Act and the § 26b.
At the end of the Agreement referred to in paragraphs 2 and 3, the Parties may agree to extend the contract as such or amended. In such cases, the provisions referred to in paragraphs 2 or 3 shall continue to apply. Unless otherwise agreed, the contract referred to in paragraph 2 may be terminated six months after the termination.
THEY 1/2011 , TyVM 1/2011, EV 1/2011, Directive 2009 /38/EC of the European Parliament and of the Council, No L 122 of 6.5.2009, p. 28
