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The Regulations To The Act's Provisions On The Health Enterprise Employee's Right To Representation In Regional Health Enterprise And Health Enterprise Controls

Original Language Title: Forskrift til helseforetakslovens bestemmelser om de ansattes rett til representasjon i regionale helseforetaks og helseforetaks styrer

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The regulations to the Act's provisions on the health Enterprise employee's right to representation in regional health enterprise and health Enterprise controls.

Date of-2002-11-15-1287 Ministry health and Human Services Department published in 2002 booklet 15 entry into force 15.11.2002 Recently changed-2007-12-21-1608 from 01.01.2008 Change applies to Norway Pursuant LAW-2001-06-15-93-section 22, LAW-2001-06-15-93-section 23 announced the short title Forskr 22.11.2002. about employee Board representation in the HF Chapter overview: Kap. In the scope of the. health enterprise law rules on the employee's right to representation in regional health enterprise and health Enterprise controls (§ § 1-3) Chapter. II. Rules for the employees ' requirements on board representation and election of members and observers to the company's Board of Directors (§ § 4-15) Chapter. III. Committee to manage complaints and disputes this regulation universal access after etc. (sections 16-19)
Kap. IV. Ikraftsetting (§ § 20-21): the legal authority set forth by URkgl.res. november 15, 2002 with the legal authority of the law of 15. June 2001 No. 93 about the health authority and more (health enterprise law) § 22 second paragraph and section 23 third paragraph. Promoted by the Ministry of health.
Changes: modified by regulations 11 feb 2005 Nr. 127, 21 Dec 2007 Nr. 1608. Kap. In the scope of the. health enterprise law rules on the employee's right to representation in regional health enterprise and health Enterprise controls the section 1. Definitions in these regulations means: 1. Enterprise: regional health authority and health authority, 2. employee: person who works in the enterprise in the hovedstilling or as a part-time employee, 3. local Union: Trade Union by the company or Department of the Trade Union by the company that exclusively has employees in the company as members, and who is bound by the collective agreement with the company or with the employer organization that the entity is a member of.

§ 2. When the employees ' right to be represented on the Board occurs the staff, both in the regional health entity and in the health enterprises it owns, has the right and duty to select members to the regional health entity's control, regardless of the total number of employees in the health region.
For employees to have the right to choose members to a health Enterprise Board, the entity must have more than 30 employees, cf. Health enterprise law § 23 first and second paragraph.
Health entity's Board to put forward tasks of employees in the health entity so that it can be determined whether the terms of the second paragraph are met, when this is required by the local trade union or a group of the proposal right under section 10 the second paragraph.

§ 3. The cessation of the scheme of Control Board of health authority representation could hit the decision that the employee's right to control the representation to cease if health entity has fewer than 30 employees. The employees ' representation in case the control ceases only when the term of the members the employees have chosen, is running out.
The Board of health authority can meet the decision that the employee's right to representation by health enterprise law § 23 second paragraph shall cease if the company gets fewer than 200 employees. The employees ' Board representation for health Enterprise Act 23 subsection ceases in the case only when the term of the Board members the employees have chosen, is running out. Representation for health enterprise law § 23 the first paragraph be established at the time of termination of representation after the second paragraph.

Kap. II. Rules for the employees ' requirements on board representation and election of members and observers to the entity's control section 4. The employees ' demands for Board representation and the orientation of the Board of the regional health authorities the employees of the regional health entity and the employees of the health authorities that the regional health entity owner, after health enterprise law section 22 duty to choose representatives to the Board of the regional health entity. The selection board to arrange the elections, to orient the Board of the regional health entity before the election is conducted.
Requests for Board representation in the health authority, cf. Health enterprise law § 23 first and the second paragraph, the staff in the health undertaking put forward for the Board of health entity within nine weeks before the election is conducted. The requirement should be addressed in writing to the Board. The Board of health entity shall without delay orient the regional health entity if it put forward the requirement.
The claim can be filed by the Union that represents, or unions which together represent, a majority of the employees at the time the Board receives the claim. The staff of the health authority can also make the requirement of Board representation directly facing the Board when it is signed by more than half of those who are employed in the health undertaking at the time the Board receives the claim.

§ 5. General rules about the election to the Board Members in the regional health authority shall be elected directly by and among both those who are employed in the regional health entity and those who are employed in the health authorities that the regional health entity owner.
Members and observers to the Board of health authority be directly elected by and among those who are employed in the health enterprise.
The choice should be secret and in writing.
The election shall be held as majority choice, jf. § 9.
If at least 1/5 of those who have the right to vote or the Trade Union or unions that include at least 1/5 of the voting, in writing it requires no later than six weeks before election day, the election shall take place as measures of choice, jf. § 10.

section 6. The right to vote All who are employed in it or the relevant enterprises on election day, cf. section 5 first and second paragraph, have the right to vote.

section 7. Eligibility in order to be selected as a member, Deputy Board member or observer to the company's Board of Directors, he or she must have the right to vote under section 6 and have been employed in the enterprise continuously for at least one year before election day. In connection with the transformation of enterprises, it is sufficient that the person has been employed in one of the enterprises covered by the transformation for at least one year before election day.
To be able to be selected as a member, Deputy Board member or observer to the entity's control, they must not be in bankruptcy quarantine jf. the Bankruptcy Act, section 142 and section 143.
The person in question cannot have tasks such as employee representative in several regional health enterprise or health Enterprise governing bodies at the same time.

section 8. Options control the Election is headed by a selection board. The selection board shall consist of at least three persons with the right to vote, of which a leader and a deputy leader. The employees and the company's management should have at least one representative each in the election Board.
When the Board representation for employees is established, including by a temporary appointment-based arrangement, be appointed by the Board of Directors the Board the company's choice. If such representation is not established, the Board shall be appointed by the choice the company's General Manager, or the person concerned gives authorization, together with the employees ' elected representatives.
If the selection board must be appointed through the poll, it is only the employee representatives who have the right to vote. The company's management to dog have occasion to appoint a representative on the selection board.
Members of the selection board who can't or would like to work longer, should be replaced as soon as possible.
Choice the Board shall fix the date for the election and announce this with a time limit of eight weeks. Choice the Board shall announce the time limit and conditions to claim the relationship of choice, jf. § 5.
The selection board shall no later than four weeks before election day announce about the election should take place as majority choice or the relationship of choice and at the same time encourage those who have the right to send the proposal suggestions on board members, observers and deputies. Proposals must be filed with the elections Board no later than three weeks before election day.
The selection board determines whether the incoming proposals are consistent with the Act and this regulation and are investigating whether the proposed candidates are willing to receive choice. The decision is communicated without delay to the proposal stillerne that need to correct any defects immediately. The approved proposals will be announced no later than seven days before election day.
If the selection board finds that a choice of technical reasons should be divided up in polls in different places, or at different times, it can be established special voice control to the extent that it is appropriate. Voice Boards appointed by the selection board among those who have the right to vote.
The selection board may decide that voting shall take place by mail shipment. The individual chooses to in case tilstiles all ballots and other necessary election materials. The selector should return their ballot in neutral envelope, embedded in the name envelope to the election Board.
The necessary guidelines for the implementation of the elections prepared by the selection board, including any guidelines about advance voting.
Choice the Board may fix shorter deadlines for the implementation of the election if one or more trade unions which includes 2/3 of the employee or a majority of the employees and management agree about this. The deadline for the submission of candidates cannot be set less than two weeks before election day. The approved proposal shall be made known no later than a week before election day.

§ 9. Plural choice if the election should take place as majority choice, has anybody who has the right to vote, the proposal right. The proposal right also has local unions.
A proposal can contain up to the number of Board members, observers and deputies to be selected. The proposal must include candidates of both sexes if it is going to be selected more than one person. This does not apply if one of the sexes account for less than 20 percent of the total number of employees in the enterprise at the time of the election going on. The proposal shall be filed in writing and it shall go forward of the proposal who is the proposal sets. Proposals must contain clear designation of the candidates by first and last name and in which enterprises and where in the enterprise the candidate works.
The selection board shall no later than seven days before the election day prepare and announce a list of those proposed, in alphabetical order. Of the list should it go forward who's proposal sets to the individual candidate.

The selection board shall prepare ballots. On the ballots to the election Board, when it is practicable, bring up the proposed candidates ' names in alphabetical order with information on the company and where in the enterprise the individual works and who's proposal sets. The selection board shall inform voters about how they will go forward to mark on the ballot who they vote for. The ballots will contain information about what can cause that a ballot will be rejected as invalid.
It should be cast vote for up to the number of Board members, observers and deputies to be selected. It can only be voted on candidates who are proposed. Kumulasjon is not allowed. Is kumulasjon made, or it is brought up other names than those that are suggested, or is it by the way made entries or corrections, should these be set out of consideration when counting of votes.
If it is voted on several proposed candidates than the number of to be selected, the ballot will be discarded as invalid.
With the modification as stated in the eighth paragraph, are the ones who have received the most votes, elected members until the quantity to be selected. In those cases it is going to be selected are those that the observers will follow the members of the vote numbers chosen for the observers until the quantity to be selected. The following Member and observer in vote numbers, is selected to the deputies in the order numbers to vote implies. In those cases it only to select members, Deputy representatives selected in the order the numbers after that vote suggests the number of members to be selected. First Deputy Representative will be the one that has received the most votes after the last member of the Board. Other Deputy will be the one that comes in the voice number is next, etc., cf. section 13.
Should it be selected two or more Board members, to both genders be represented. This does not apply if one of the sexes account for less than 20 percent of the total number of employees in the enterprise at the time of the election going on.
It turns out by the count that one gender will not be represented, is getting a candidate from the underrepresented gender up. The same is true for observers and deputies.
In the election is decided by lot.

§ 10. The relationship of choice takes place the choice that the relationship of choice, the following rules on the implementation of the election: proposals must be signed by at least 6 persons with the right to vote. No one can sign more than one suggestion.
The proposal right also has local unions, which can set list alone or together with other local unions. A local Trade Union can only stand behind one list.
The proposal must be promoted in the form of a list that contains just as many names as the number of Board members, observers and deputies to be selected. The list must include people of both sexes. This does not apply if one of the sexes account for less than 20 percent of the total number of employees in the enterprise at the time of the election going on. The names are listed in the order in which they are proposed. No one can be a candidate on more than one list. Becomes a candidate listed on multiple lists, they must provide information about on which list he or she wishes to stand. If not, it is the person in question from any other list than the one that was first filed by the he or she is listed on.
Proposals must contain clear designation of the candidates by first and last name and in which enterprises and where in the enterprise the candidates work.
The selection board should, as far as possible, be the proposal can bring stillerne to the proposals in accordance with the regulations.
The selection board prepares ballots in accordance with the approved proposals.
The one that has the right to vote, can only vote on one of the accepted proposals. It's not the opportunity to make other changes, kumulasjon or additions or companies removed from listing on the ballots. Is kumulasjon made, or it is brought up other names than those that are suggested, or is it by the way made changes or corrections, should these be set out of consideration when counting of votes.
Manage the tasks to be allocated on the charts compared to the number of votes each list have achieved, in the following way: one leads up the quotients that emerges when each list vote numbers after each shared with 1.4-3-5-7 etc. until every vote numbers are shared a number of times corresponding to the maximum number of Board members, observers and the Deputy members list can be expected to get. The first member the space belongs to the list that has the largest quotient. The next space is vested in the list that has the second largest quotient, etc. In those cases it shall be elected the first observers, accrues to the observer the space the list that has the highest quotient after the number of members is selected. Deputy member place is allocated to the lists in the same way, cf. section 13. If several lists have the same quotient, it is decided by lot which list the task should fall.
The candidates are selected in the order they are listed on the charts. If both sexes make up 20 percent or more of the total number of employees in the enterprise at the time of the election going on, and it turns out that one gender for this procedure are not being represented, is getting a candidate from the underrepresented gender up from the list that has obtained the fewest votes among the lists that have achieved membership space. The same goes for observers and deputies.
If there is only one suggestion for list emerges, are those that are proposed on this list selected in the order in which they are proposed. However, section 9 applies to the eighth paragraph accordingly.

section 11. The result of the election, the result of the election is a choice the Protocol signed by the Board of Directors and selection. The result is communicated promptly the company's management by transmittal of election Protocol. The Protocol is stored by the entity. The staff will be briefed on the outcome of the election by research and by that gjenpart of the election Protocol is sent to the local unions.

§ 12. Term of Office, meeting the duty etc. Elections shall take place every two years. The electoral period is two years. If the employee does not have selected new representatives when the electoral period runs out, they work sitting Board members, observers and deputies until the new is selected. Re-election can take place.
If a Board member or an observer chosen by the employees of the entity ends, terminates the task.
Member of the Board and observer have meeting the duty unless he or she has legal maturity.
When specific conditions are fulfilled, a Board Member, an observer or a Deputy right to step back before the term is out. About tilbaketreden to be given reasonable advance notice to the Board and those who suggested he or she selected.
If the by-election is made, works the newly elected the rest of the election period.

section 13. Deputies By majority choice should it be selected as many deputies as there are elected members and observers, with the addition of two. By the relationship of choice to each list is assigned to as many deputies as it is assigned to the members and observers, with the addition of two.
Deputy representatives shall be summoned in the order they are selected. If it has been the relationship of choice, to be Deputy representatives summoned from the same list as the Board member or observer concerned will replace. In those cases it is selected to the observer, the observer stepping up on the Member space and first Deputy Representative to attend as an observer.
For deputies applies otherwise, the rules provided for the Board members.

section 14. By-election the Board can adopt that there will be held the election of members, observers and deputies in the election period, cf. § 12 the first paragraph, when this is necessary to maintain the employees ' representation on the Board.
By-election must be made to fill the delegate seats that are left when the promotion scheme in section 13 are followed.
The election is headed by the selection board that worked at the last regular election. The selection board determines whether the election should take place as majority choice or measures of choice.
Choice the Board may fix shorter deadlines than those provided in section 8, not shorter than that of section 8 last paragraph.

section 15. Expenses in the election the entity holding the premises for the selection meeting and all the necessary materials in connection with the election.

Kap. III. Committee to manage complaints and disputes this regulation universal access after etc.

section 16. The Committee's appointment and composition the King shall appoint a tribunal consisting of seven members with personal deputy members, cf. section 38 of the regulations of 20. December 1991 No. 838 to the State Enterprise Act, provisions on the employee's right to representation in the State Enterprise Board of Directors and the corporate Assembly, etc., the Committee's members have a term of Office of three years.
The leader and two members with the Deputy members shall be independent of the worker and employer organizations. The leader and one of the two other independent members to also meet the terms and conditions that are prescribed for Supreme Court justices.
Two members with deputies to be appointed after setting from employee organizations and two members with deputies after setting from the employer organizations. Setting the right they have organizations that are mentioned in the work dispute the law of 5. may 1927 No. 1 section 11.
The Committee can decide to delegate authority under section 17 to a selection of the Committee's members or to the Committee's Chairman.

§ 17. Complaints in connection with the decision of the selection board selection can be appealed to the Tribunal, however, decisions regarding the right to vote and eligibility will not be appealed.
The appeal court has the enterprise, the local Trade Union and the right to vote. The complainant must have legal appeal in the case.
The time limit for appeal is 14 days from the time of notification of the decision is arrived at an appeal right after the second paragraph, however, no later than 14 days after election day.

The complaint must be submitted to the selection board that prepares the complaint proceedings. The rules of the administrative act, chap. WE apply as far as they are appropriate.
The Committee's decision may not be appealed.

§ 18. Arbitration decision of certain disputes Disputes after this Regulation section 1, section 2 other and third paragraph and section 3 can be brought before the Tribunal that arbitration right, if the dispute does not fall under the rules in section 17 subsection.
' Have the enterprise and the local Union.
Applies to dispute the creation or termination of the scheme of control representation for health enterprise law § 23 first and second paragraph, also have a group with the proposal immediately after the Regulation section 10 the second paragraph, '.
The entity must be a party to the dispute that brought before the Tribunal that arbitration right.
The parties in the individual dispute must be in agreement that the Tribunal that arbitration right to decide the dispute.
When the dispute brought before the Tribunal, it shall be attached to the written arbitration agreement, cf. Law 14. May 2004 No. 25 about the Arbitration section 9. Arbitration agreement may not contain special rules about the Committee's proceedings, jf. the law on arbitration § 21.
The parties may not reserve to innanke the Committee's decision for a new arbitration law.
The Committee's decision should always be justified.
For the Committee's proceedings after this paragraph applies, incidentally, the rules of the law on arbitration.

§ 19. Questions to the statement the Ministry may submit for the Committee to the statement questions in connection with the health enterprise and this forskriftens of the law provisions on the employee's right to representation in regional health enterprise and health enterprise control.

Kap. IV. Ikraftsetting section 20. The change of the regulations the regulations can be changed by the Ministry.

§ 21. Ikraftsetting the regulation will take effect immediately.