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On The Involvement Of Employees In The European Cooperative Society

Original Language Title: Par darbinieku iesaistīšanos Eiropas kooperatīvajā sabiedrībā

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The Saeima has adopted and the President promulgated the following laws: For the involvement of employees in the European cooperative society article 1. The terms used in the law, the law is applied in the following terms: 1) depends on the cooperative society-wide cooperative society crucial affect existing cooperative society;
2), founder of a cooperative society registered in Latvia, cooperative societies, participating directly in the Treaty establishing the European cooperative society;
3) information — employee representation Committee or staff representatives on matters affecting the European cooperative society and its dependent cooperative society, at such time, in such manner and extent allows the representatives of the employees to gain insight on the possible consequences and, if necessary, prepare for consultation with the European cooperative society, the governing bodies;
4) Consultation Committee, representative or employee representative for dialogue and exchange of views with the European cooperative society governance institutions at such time, in such manner and extent allows the representatives of the employees according to the information received by express on the European cooperative society administrative bodies for their views of the measures that could be taken into account in decision-making cooperative society;
5) — the Committee or representative of the employees ' representatives the influence of cooperative society, with the right to elect or appoint a European cooperative society members of the administrative organ or the right to recommend candidates for the members of these bodies or objects to their appointment. 2. article. The purpose of the law the law aims to ensure, in accordance with the Council of 22 July 2003 Regulation (EC) No 1435/2003 on the Statute for a European cooperative society (SCE) (Regulation No 1435/2003) and the European cooperative society law founded the European cooperative society employee involvement in decision making, as well as the provision of information, consultation and participation in the European cooperative society. 3. article. Negotiating responsibility for (1) developing a European cooperative society with regard to the draft Treaty, the founder of the cooperative society, negotiate with the representatives of the employees on the employees future involvement in decision making, including information, consultation and participation in the European cooperative society, and shall inform the representatives of the employees of the founders of the cooperatives and independent cooperatives, the cooperative society and the number of employees participating in the ongoing cooperative societies in the field of the measures related to employee involvement in decision making.
(2) the first paragraph of this article talks launched immediately after the cooperative society of the draft terms of merger notification dependent cooperative society with the founding of the project or after the reconciliation of the project on the conversion of another legal person on the European cooperative society. 4. article. Special negotiating body (1) to establish a special negotiating group for the negotiations, representing the founding cooperatives and the cooperative society. The special negotiating body may include representatives of trade unions whether or not they are the founding cooperatives or cooperative societies dependent employees.
(2) the members of the special negotiating body levels shall be fixed in proportion to each Member State the existing founding cooperatives and the cooperative societies depend on the number of employees.
(3) if the Member State in which the founder cooperative or independent of the cooperative society employs 10 percent of all the Member States in the total number of employees employed (or less, if the employee is not part of the full 10 percent), the employees represented by one employee representative.
(4) in calculating the number of employees, having regard also to the employees with whom a contract of employment for a specified period.
(5) where a change in the founding staff of cooperative societies and this affects the special negotiating body composition of the changing composition of this group.
(6) the Special negotiating body shall be deemed to create, when all its members have been elected. 5. article. Additional representatives (1) if the European cooperative society established cooperatives merger, the special negotiating body shall include additional representatives from each Member State, to group at least one Member representing each participating cooperative society, which, according to the project for a European cooperative society registration no longer exist as a separate legal entity.
(2) in addition to the number of representatives shall not exceed 20 per cent of this law, in accordance with the second subparagraph of article 4 of the special negotiating body of elected members.
(3) If the number of the participating cooperatives exceeds the number of additional space on the special negotiating body, the additional seats are allocated to the various Member States, which have more staff. 6. article. Special election for members of the negotiating team in Latvia (1), founder of the cooperative society or dependent employees cooperative society may decide that their interests in the negotiations of the special group will be represented by existing staff.
(2) If the first paragraph of this article a decision is not adopted, employees elect their representatives in the new law. The special negotiating body shall elect a member even if the participating cooperatives or cooperative society dependent employee is less than the number of staff required for the election of the representatives.
(3) if the participating cooperatives or cooperative society dependent employees and workers Union representative and authorized representative of employees, they shall authorise the representatives to choose a special negotiating team members who will represent the founding cooperatives, in proportion to the number of employees represented, but not less than one Member for each company.
(4) the special negotiating body includes at least one representative from each registered in Latvia, founding cooperatives and independent cooperative society. From Latvia's special negotiating team member cannot exceed, in accordance with article 4 of this law, estimated the number of representatives to Latvia.
(5) If in Latvia registered the founding cooperatives count is greater than the calculated for Latvia the special negotiating group representatives to be included in the number of all the participating cooperatives representatives agree on joint staff representative on the special negotiating body. If no agreement is reached, Latvia employees employees represented by its founder, a representative of the cooperative society, which has the largest number of employees. 7. article. Agreement on employee involvement in decision making (1) the Special negotiating body and the founder of the co-operative society governing body representatives agreed in writing to the employee involvement in decision making, as well as on information, consultation and participation in the European cooperative society. Regulation No 1435/2003 article 11 referred to in the second paragraph of the inspection agreement on employee involvement in decision making is submitted to the Registrar of companies.
(2) the founder of the cooperative society of the representatives of the governing bodies are obliged to inform the special negotiating group on establishing a European cooperative society's plan and its implementation to the European cooperative society registration. 8. article. Decision making the special negotiating group (1) the Special negotiating body shall take decisions by a simple majority, which meets all the European cooperative society for the majority of employees in the special negotiating body or at the time of the election of members of the European cooperative society of a majority of the employees voting, if at the time of the vote (compared to the special election of the members of the negotiating team for the moment) has changed dramatically, founder of cooperative societies.
(2) each special negotiating team member decision-making is one vote. 9. article. Participation rights (1) the Special negotiating body may decide on participation restriction, if you vote not less than two-thirds of the members of the special negotiating body representing not less than two thirds of the employees of at least two European cooperative society with regard to the Member States.
(2) the participation rights are limited, if, after the establishment of the European cooperative society with regard to the participation of this law, article 1, paragraph 5 of the understanding is less than the highest level of Member participation in cooperatives.
(3) the first subparagraph of this article shall apply, if the European cooperative society established: 1) a merger of cooperatives, the founders and where at least 25 per cent of the employees of the participating cooperatives had provided the total number of participation rights;
2) any other Regulation No 1435/2003 in the prescribed form and if at least 50 percent of the employees of the participating cooperatives had provided the total number of participation rights. 10. article. An expert

The special negotiating body shall have the right to call in experts. Experts shall participate in an advisory capacity the special negotiating group and a founding member of the cooperative society of the representatives of the governing bodies meetings. 11. article. The decision on the application of the provisions of the Member States (1) If on the vote not less than two-thirds of the members of the special negotiating body representing not less than two thirds of the employees of at least two Member States of the European cooperative society, the special negotiating body may decide not to initiate the article 3 of this law referred to in the first subparagraph for negotiations or to terminate negotiations already opened, and decide that the information and consultation apply regulatory laws and rules in force in the European cooperative society in the Member States.
(2) the first paragraph of this article shall suspend any adoption, measures directed to this law, in article 7 of the said agreement. In this case, does not also apply to this law, 18, 19, 20 and 23.
(3) the first subparagraph of this article shall not apply if the European cooperative society established by transformation and flexible participation in the cooperative society exists. 12. article. Special negotiating body convening again (1) If requested in writing at least 10 percent of the European cooperative society and the cooperative societies depend on employees or their representatives, shall be convened by the special negotiating team again, but no earlier than two years after this law referred to in article 11 of the decision, unless the parties have agreed to a shorter term.
(2) if the special negotiating body decides to reopen negotiations with the representatives of the governing bodies, but this particular course of negotiations no agreement is reached, this law, 18, 19, 20 and 23 do not apply. 13. article. Expenses expenses related to the special negotiating group activities and negotiating, shall be borne by the members of the cooperative society, providing a special negotiating group proper conditions for its tasks. 14. article. Content of the agreement (1) Founder of the governing bodies of cooperative societies and the special negotiating body shall, in order to achieve this law referred to in article 7 of the agreement on measures to be taken in order to establish the order in which the employees are involved in the European cooperative society.
(2) the founder of the cooperative society of the representatives of the governing bodies and the special negotiating body arrangement includes: 1) the scope of the agreement;
2) representation of the Committee — the European cooperative society administrative organ of conversation partner representatives (in connection with the agreement, arrangements for progressing the European co-operative society and its independent public worker information and consultation with them): the composition, number of members and allocation of seats;
3) the functions of the Committee on representation and the order in which they are conducted information and consultation with them;
4) representativeness of the Committee meetings periodicity;
5) be allocated to the representative Committee of financial and material resources;
6) measures one or more information and consultation mechanism, if, during negotiations, the parties agreed on the establishment of a mechanism of representative committees;
7) rights of participation rules if, during negotiations, the parties agree on employee participation rights, including on how much the European cooperative society members of the administrative organ, the employee shall be entitled to elect, appoint, recommend or oppose, and the order in which employees can elect, appoint, recommend or oppose these members, as well as their rights;
8) the date of entry into force of the agreement and the duration of the validity of the cases should be negotiations on the conclusion of the agreement and the procedure for its renegotiation, including, where appropriate, by establishing a European cooperative society of structural change in the European cooperative society and its dependent companies;
9) other information, if the parties deem it necessary.
(3) the agreement shall not apply this law, 17, 18, 19, 20 and 23, unless the parties agree otherwise.
(4) if the European cooperative society create a transformation, an agreement on the involvement of employees in the store at least above the level of employee involvement.
(5) the agreement may specify the terms under which employees are eligible to participate in the European cooperative society at a general meeting or other meeting, if any, in accordance with article 22 of this law and the provisions of Regulation No 1435/2003, article 59 of the fourth part. 15. article. Call duration (1) negotiations started immediately after the special negotiating body is established and will continue for a maximum period of six months.
(2) the parties may, by mutual agreement, extended referred to in the first paragraph for a period of time up to one year from the establishment of the special negotiating body. 16. article. Negotiated procedure applicable law If the law is not otherwise specified, so 3. — Article 15 procedure laid down in the laws and regulations of the Member State in which it is registered in the European cooperative society has its registered office. Article 17. When applied to the standard rules on employee involvement in decision making (1) this law, 18, 19, 20 and 23 of the rules on employee participation in decision making (basic rules) apply if: 1) the parties so agree;
2) agreement has been reached between the parties of this Act within the time limit laid down in article 15 and the founding of the cooperative society each governing body agrees with the application of the general rule, as well as the special negotiating body has not taken the law provided for in article 11 of the decision.
(2) the first paragraph of this article shall apply where: 1) a European cooperative society create a transformation and where the provisions on participation in the institutions of Government are applicable to cooperative societies, which transformed into a European cooperative society;
2) European cooperative society creates a Union, if at least one of the participating cooperatives exist and if at least 25 percent of the employees of the participating cooperatives have provided total number of participation rights or if less than 25 percent of the employees of the participating cooperatives have provided total number of participation rights and the special negotiating body shall decide to apply the standard rules;
3) European cooperative society established in any other way laid down in Regulation No 1435/2003, if at least one of the participating cooperatives existed and if at least 50 percent of the employees of the participating cooperatives had provided the total number of participation rights or if less than 50 percent of the employees of the participating cooperatives had provided the total number of participation rights and the special negotiating body shall decide to apply the standard rules.
(3) Regulation No 1435/2003 article 11 referred to in the second subparagraph of this article, the first part of paragraph 1 in the case of the Registrar of companies shall submit to the governing bodies of the special negotiating body and the agreement on the application of the general rule, but the first part of this article, 2. in the case referred to in paragraph — proof of the fulfilment of the conditions mentioned. 18. article. Determination of the type of participation if the participating cooperatives in various forms of participation, the special negotiating body shall decide which of the forms of participation to introduce in the European cooperative society. Such decision of the special negotiating body shall inform the society of the participating cooperative governing bodies. If such a decision is not adopted, the European cooperative society introduces a way of participation exists in the founder of cooperative society, which has the largest number of employees. 19. article. Representation of the Committee (1) the composition of the Committee is the representative in the European cooperative society and the cooperative society staff who shall be elected by the representatives of the employees, but, if not, all cooperative society staff work in accordance with the procedure prescribed by law, subject to the principle of gender equality.
(2) if the Committee is representative enough, shall elect a Select Committee from among its members, comprising at most three members.
(3) the members of the Committee on representation levels shall be fixed in proportion to each Member State the existing founding cooperatives and the cooperative societies depend on the number of employees.
(4) if the Member State in which the founder cooperative or independent of the cooperative society employs 10 percent of all the Member States in the total number of employees employed (or less, if the employee is not part of the full 10 percent), the employees represented by one employee representative.
(5) every 10 percent of employees in all the Member States, the total number of employees employed (or less employees, if not the full 10 percent) representation in the Committee shall be represented by one representative of employees.
(6) the European cooperative society once a year inform the representative Committee of changes in the European cooperative society and its dependent cooperatives, if these changes affect your site distribution representation Committee. In this case, the representation of the composition of the Committee restated to correspond to the last change.
(7) the Representation of the internal operations Committee provisions are contained in rules adopted by the Committee on representation.

(8) the Committee shall inform the representative of the European cooperative society administrative organ for his composition.
(9) the Representation Committee not later than four years after its creation by simple majority shall decide whether to start negotiations with the European cooperative society administrative organ or to continue to apply this law, 19, 22, 23, 24 and 25 article. If the Committee decides the representation to open negotiations for the conclusion of the agreement, it has the same rights and obligations as a special negotiating group. If, after negotiations for a new agreement has been reached in article 15 of this Act within the time limits continue to apply this law, 20, 23, 24, 25 and 26.
(10) a European cooperative society and the representative of the administrative organ committees, as well as a European cooperative society administrative organ of information and consultation of employees ' representatives take place, with due regard to the mutual rights and obligations. 20. article. The basic rules for the information and consultation of the representative Committee (1) engage in the issues that concern the European cooperative society and the independent cooperatives, as well as issues that do not fit into one of the governing bodies of the Member State concerned.
(2) the representative of the Committee and the European cooperative society administrative organ of consultation of representatives at least once a year. These consultations are designed on the basis of the annual reports, to inform the Committee on representation and to consult with them on a European cooperative society with regard to the operation and future development.
(3) the second part of this article the following consultation of the European cooperative society governing body shall inform the representatives of the founding cooperatives and the cooperative societies depend on local authorities.
(4) a European cooperative society, representatives of the administrative organ shall draw up the agenda of the consultations and shall inform the Committee on representation, as well as the representation of the members of the Committee to all members of the cooperative copies of documents submitted.
(5) meeting, consider the questions of: 1) a European cooperative society, the economic and financial situation;
the alleged actions 2), the development of production and marketing;
3) initiatives related to corporate social responsibility;
4) the employment situation and its probable development;
5) investments (investment);
6) major organisational change;
7) new working methods or production processes;
8) cooperative society or the majority of property (including unit) transfer to another location;
9) cooperatives reorganisation (merger or Division);
10) liquidation of cooperative societies or Department;
11) collective redundancies.
(6) if there are other circumstances that significantly affect the employees ' interests, including in the European cooperative society or the majority of them (including unit) transfer to another location, a cooperative society or the closure, collective redundancies, the European cooperative society at the time of the administrative organ shall inform the representative Committee of them. In this case, the representative has the right to request the Committee to organise consultation with the European cooperative society, the representatives of the governing bodies, in order to obtain information and to hold consultations on the European cooperative society to the measures to be taken which significantly affect the employees ' interests.
(7) if the European cooperative society, representatives of the administrative organ shall not be taken into account the opinions of the Committee on representation, the representative has the right to request the Committee to additional consultations will be organized in order to reach an agreement. If you do a consultation with the Evaluation Committee, it shall be entitled to participate in the representation of the members of the Committee who represent employees who are directly concerned by the measures. This consultation does not affect the European cooperative society administrative bodies powers.
(8) On the sixth of this article referred to the appointment of the head of the consultations, decide by mutual consent on the European cooperative society governing body representatives and the representation of the members of the Committee.
(9) prior to any consultations with the European cooperative society, the representatives of the governing bodies of the representative members of the Committee shall be entitled to meet without the mutual European cooperative society of the representatives of the governing bodies.
(10) the Committee shall notify the representative of the European cooperative society and its independent cooperatives, employees ' representatives on the chairing of information and consultation.
(11) if necessary, the Committee of experts of the representative uses.
(12) the Representation of the members of the Committee are entitled to paid study leave to learn the representation of the members of the Committee to exercise the necessary knowledge.
(13) the expenses associated with the activities of the Committee, the representative, with the election of its members, the Organisation (space, materials, personnel, translation), travel of members of the Committee (travel and accommodation costs), as well as one expert evidence shall be borne by the European cooperative society. 21. article. The special provisions (1) a European cooperative society, which found only natural persons or by a single legal entity and natural persons, which together employ at least 50 employees in at least two Member States, this law shall apply to the 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
(2) a European cooperative society, which found only natural persons or by a single legal entity and natural persons, which together employ fewer than 50 employees, or at least one Member State employs at least 50 employees, employee involvement shall be determined in accordance with the laws of the Member State for cooperatives that have registered cooperative society concerned legal address, but a European cooperative society dependent firms and enterprises subject to the rules that are applicable in the relevant Member State other the same type of legal persons.
(3) if the European cooperative society, the legal address is changed from one Member State to another Member State, an agreement on the involvement of employees in the store at least above the level of employee involvement.
(4) if the European cooperative society established in accordance with the second subparagraph and the European cooperative society and the cooperative societies depend on the total number of employees is more than 50 in at least two Member States or at least one third of the European cooperative society and its independent public employees in at least two Member States requested in writing to conclude a new agreement to establish another for the information and consultation, to create a new special negotiating body pursuant to article 4 of this law and this law are applicable 3. , 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, the provisions of the article. 22. article. Employees in the European cooperative society to participate in the general meeting in accordance with the provisions of Regulation No 1435/2003, article 59 of the fourth part the limits laid down in the European cooperative society, the employees or their representatives with voting rights, participating in the European cooperative society at a general meeting or other meeting (if it exists) in the following cases: 1) the decision of the parties, fixed in article 7 of this law referred to in the text of the agreement;
2) cooperative governed by such a system transforms the European cooperative society;
3) a European cooperative society founded in other than transformation and a founding member of the cooperative society are laid down in the staff of the voting rights in the general meeting of the cooperative society, but interested parties can not reach this law laid down in article 7 of this law the agreement within the time limits provided in article 15. In this case, you apply this law 17 and article 23 of the rules, subject to the highest levels of participation in the cooperative societies were before the European cooperative society registration. 23. article. Basic rules of participation (1) if the European cooperative society create a transformation and participation rules apply to founding cooperatives before conversion, the participation rules shall continue to apply to the full extent of the European cooperative society registration.
(2) other European cooperative society where a European cooperative society and its dependent employees of cooperative societies or representation to the Committee have the right to elect or appoint a European cooperative society members of the administrative organ or recommend this candidate members of the institutions, or oppose her appointment. Participation in the European cooperative society must meet the highest level of participation in the founding of cooperatives was before the European cooperative society registration.
(3) If, before registration of the European cooperative society in one of the founders of the cooperative societies do not exist, the rules for participation in the European cooperative society participation rules do not put.

(4) the Committee shall decide on the representation of the distribution of seats on the European cooperative society administrative organ between the representation of the members of the Committee for the European cooperative society, the share of employees in each Member State, or on the way in which European Cooperative Society staff can recommend a European cooperative society with regard to the governing bodies of the members of the candidates or to oppose her appointment.
(5) it should be ensured that each of the Member States, in particular the European cooperative society of the Member State of registration, the representatives of the employees to be included in the European cooperative society in the composition of the governing body.
(6) any European cooperative society member of the administrative organ that designated or elected representation recommended by the Committee or staff, is a full member of the European cooperative society, Member of the administrative organ, and he has the same rights and obligations (including voting rights) as a European cooperative society members of the administrative organ who represent members. 24. article. Trade secret (1) the Special negotiating body or the representative of the Committee members and staff, as well as experts and interpreters, which gives them their services may not disclose to third parties information that is a trade secret.
(2) the first part of this article in respect to trade secrets, the prohibition of disclosure of information to third parties is in effect regardless of whether the person concerned is or has ceased to carry out his duties.
(3) a European cooperative society administrative organ may refuse to supply the information disclosure or use, taking into account the nature and objective reasons can seriously harm, or cause damage to the European cooperative society and its independent cooperatives.
(4) if the European cooperative society or cooperative society members administrative structure requires confidentiality or does not give information, employee representatives have the right to request a review of this decision and to go to court. During the review or judicial review, the information is considered confidential. 25. article. The special negotiating body, the members of the representation of the members of the Committee and the representatives of the employees ' rights and obligations (1) The special negotiating body, the members of the representative Committee members and representatives of the employees for the information and consultation obligations apply in the exercise of the same rights and obligations which are laid down in the law of work to the employee representatives.
(2) a special negotiating team members, representing the members of the Committee and the representatives of the employees granted leave so they could perform for the information and consultation obligations for this period, saving the average earnings.
(3) as regards the special negotiating team members, representing the members of the Committee and the representatives of the employees, the parties may agree on more favourable conditions than those provided for in this article. 26. article. Responsibility for non-observance of this law for non-compliance with this law, a person called to the statutory liability. Informative reference to European Union directives, the law includes provisions deriving from Council of 22 July 2003 of Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees. The law adopted by the Parliament in 2006 on November 2. State v. President Vaira Vīķe-Freiberga in Riga in 2006 on November 15.