The regulation on the employee's right to representation in the controls in the interkommunale companies etc.

Date of-2014-06-20-852 Ministry of labour and Social Affairs Published in 2014 booklet 9 entry into force 01.07.2014 last modified the Change FOR-2006-08-29-1009 applies to Norway Pursuant LAW-1999-01-29-6-section 10, FOR-2006-08-18-991 Announced at 27.06.2014. 3:30 short title regulations on employee representation in the intercom. companies etc.

Chapter overview: chapter I. Initial provisions (sections 1-4) chapter II. Rules for the election of its Board of Directors (sections 5-10) chapter III. The choice of ways and election result (§ § 11-19) chapter IV. Application for exemption from the rules on employee's right to representation in the governing bodies and dispute resolution, etc. (§ § 20-24)

Legal authority: established by the labour and Social Affairs 20. June 2014 under the legal authority of the Act 29. January 1999 No. 6 about interkommunale companies § 10 twelfth paragraph, cf.. the delegation decision 18. August 2006 no. 991. Chapter I. section 1 Initial provisions. Definitions in this regulation is meant by a) employee: person who works in the company or is in the statutory leave of absence. Holiday temps are considered not as an employee.

b) hovedstilling: working conditions where it should be worked on average at least 50 percent of working time for employees in the full-time position that performs the work of the same nature.

c) part time position: working conditions where it should work less than average 50 percent of working time for employees in the full-time position that performs the work of the same nature. When in this regulation required a certain number of employees, are counted each employee in part time position as a half.

d) local Union: Union of the company, or Department of the Trade Union in the company that exclusively has employees in the company as members, and who is bound by the collective agreement with the company or employer organization that the company is a member of the (Business Club, etc.).

§ 2. The employees ' right to be represented in the Board of Directors if the company has 30 employees or less, the representatives of the employees of the company are admitted on the Board as equivalent for the municipality Law § 26 Nr. 1, jf. the law on interkommunale companies § 10 seventh paragraph.
If the company has more than 30 employees to a majority of the employees require that one Board member and one observer with the deputies shall be elected by and among the employees, cf. the law on interkommunale companies § 10 eighth paragraph.
If the company has more than 50 employees, a majority of the employees claim that up to one-third but at least two, of the Board's members with deputies are elected by and among the employees, cf. the law on interkommunale companies § 10 ninth paragraph.
If the company has more than 200 employees to the staff select one Board member with Deputy member in addition to the representation provided by the preceding paragraph. It can be entered into the agreement between the company and a majority of the employees or the local Union that represents two-thirds of the employees that it instead will be selected two observers and deputies, jf. the law on interkommunale companies § 10 tenth paragraph.

§ 3. Fremsettelse of requirements on board representation Requirements on board representation after the law about interkommunale companies section 10 must be supported by a majority of the employees, and be directed in writing to the company's Board of Directors.

§ 4. Amendment and termination of the employees ' representation of the Extension Board employee representation as a result of the increase in the number of employees, cf. the law on interkommunale companies § 10 ninth paragraph, happens when the function time of the employee Board members, observers and deputies expires.
The Board of Directors may decide that the employee's right to representation by law if the interkommunale companies § 10 eighth paragraph should cease if the company has 30 employees or less.
The Board of Directors may decide that the employee's right to representation by jf. the law on interkommunale companies § 10 ninth paragraph should cease if the company has 50 employees or fewer.
The employees ' Board of Directors representation ceases when the term for the employees ' Board members and Deputy Board members expires. Representation after the law about interkommunale companies § 10 eighth paragraph be established at the time of termination of representation after the law about interkommunale companies § 10 ninth paragraph.
The Board of Directors may decide that the employee's right to representation by law if the interkommunale companies § 10 tenth paragraph should cease if the company has 200 employees or fewer. The employees ' Board of Directors representation ceases when the term for the employees ' Board members, observers and deputies expires.

Chapter II. Rules for the election to the Board of Directors section 5. Rules about the election members, observers and deputies to the Board shall be elected by and from among the employees of the company.
The choice should be secret and in writing. Electronic options are considered to be in writing.
The election will take place as the majority choice.
The election will take place as the relationship of choice if at least one-fifth of those who have the right to vote or local unions that represent at least one-fifth of those who have the right to vote in writing requires that no later than six weeks before election day.
The election shall be held in the constituencies if a majority of the employees or local trade unions representing a majority of the employees in writing requires that no later than seven weeks before election day.

section 6. The right to vote those who are employed in the company on election day has the right to vote.
Employees of the hovedstilling have a whole vote. Employees in part-time position with half a vote.
If the election results clearly reveals how an employee in part time position have voted, to choice the Board round election result up to the nearest whole vote.
The General Manager who is a Board member on the shareholders ' behalf does not have the right to vote.

section 7. Eligibility The you choose must be an employee of the company on election day.
The who does not have the right to vote under section 6, fourth paragraph, are also not eligible.

section 8. The creation of the Electoral Board each selection is managed by a selection board which is created by the company together with the employees ' elected representatives. The selection board shall consist of at least three persons with the right to vote, of which a leader. The staff and the company should have at least one representative each in the election Board.

§ 9. The selection board's Choice determines the tasks the Board date for the election. The election date should be a time limit of two months. At the same time with the announcement it should be available a list of those who have the right to vote and is selectable.
Choice the Board shall announce the time limit and conditions to claim the relationship of choice, and the time limit and conditions to claim that the election will be carried out in the constituencies.
If the election is to be conducted in the constituencies, the Electoral Board immediately after the requirements if this is put forward, announce a list of who has the right to vote and is selectable in each constituency. The selection board shall fix and announce the deadline to promote demand for measures of choice in the constituencies. The time limit cannot be set less than a week after the announcement.
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 encourage those who have the proposal the right to promote proposals for Board members, observers and deputies. If the election should take place as measures of choice, it is proposed individual deputies. Proposals must be submitted no later than three weeks the election Board before election day.
The selection board determines whether the proposals are in accordance with the requirements of the Act and the regulations, and are investigating whether the proposed candidates are willing to receive choice. The selection board's decision must be submitted to the proposal stillerne, who must correct any defects immediately. They approved the proposals to be announced no later than a week before election day.
If the selection board finds it appropriate that the choice be divided up, it can be established special voice controls. If the election is to be conducted in the constituencies, it can be established voice controls in each constituency. Voice Boards appointed by the selection board among those who have the right to vote.
The selection board shall draw up the necessary guidelines for the implementation of the elections.
Choice the Board may fix shorter deadlines for the implementation of the election if a majority of the employees or local trade unions representing a majority of the employees and the company agree on this. The deadline for recommendations to candidates can not be set less than two weeks before election day. The approved proposal shall be made known no later than a week before election day.

§ 10. Expenses in the election expenses of the election covered by the company.

Chapter III. The choice of ways and election result section 11. Plural choice anyone who has the right to vote, the proposal right. The proposal right also has local Union.
A proposal should contain up to the number of Board members, observers and alternates to be selected. The proposal shall be in writing and it shall be evident who's proposal sets. The candidates ' names and information on where in the company they work should be disclosed in the proposal.
When the employees to select two or more Board members, the proposal shall always contain at least one candidate of each sex. This is still not a requirement if one of the sexes account for less than 20 percent of the employees in the company at the time of selection.
The selection board shall no later than one week before election day announce a list of the proposed candidates in alphabetical order. It should be disclosed in the list who's proposal sets to the individual candidate.
The selection board shall prepare ballots with the proposed candidates ' names in alphabetical order, with information on where in the company they are working and who's proposal sets. The selection board shall inform voters about how to go forward to mark on the ballot who they vote for, and it should be disclosed in the ballots, what can cause them to be discarded.
It should be cast vote for up to the number of Board members, observers and alternates to be selected. It can only be voted on candidates who are proposed. Kumulasjon, the entry of other names than those that are proposed or other records or corrections, shall not be taken into account by the count of the votes.

If it is voted on more than the number of candidates to be selected, the ballot will be discarded.

§ 12. Distribution of tasks by majority choice Board members, observers and deputies are selected in the order vote figures suggests.
In the election is decided by lot.
If it is going to be selected two or more members of the Board and the procedure for the distribution of Board seats leads to one of the sexes is not being represented, indent the next candidate on the list from the underrepresented gender up to the extent that is necessary to ensure such representation. The same is true for the deputies. This is true anyway if one of the sexes account for less than 20 percent of the employees in the company at the time of selection.

section 13. The relationship of the selection Proposal to the list must be signed by at least six people with the right to vote, or local Union.
The proposal to list must contain as many names as the number of Board members, observers and alternates to be selected. The names are listed in the order in which they are proposed. It is only the opportunity to run as a candidate on a list.
The candidates ' names and information on where in the company they are working must be disclosed in the proposal.
If it is going to be selected two or more Board members, a suggestion always contain at least one candidate of each sex. The same is true for the deputies. This is still not a requirement if one of the sexes account for less than 20 percent of the employees in the company at the time of selection.
The selection board prepares ballots in accordance with the approved proposal.
It can only be cast vote for a list. Kumulasjon or other changes, additions or companies removed from listing leads to that the ballot will be discarded.

section 14. Distribution of tasks by the relationship of the selection Board to allocate the tasks on the charts compared to the number of votes each list has received, in the following way: one leads up the quotients that emerges when each vote is shared with the list number 1.4-3-5-7 etc. until every vote numbers are divided accordingly the number of times that the number of Board members, observers and alternates to be selected.
First member space belongs to the list that has the highest quotient. The next space is vested in the list that has the second-highest quotient, etc. If it is going to be selected observers, accrue to the first observer space list that has the highest quotient after Board members are selected. If several lists have the same quotient, it is decided by lot which list the task should fall.
If there is only one suggestion for list emerges, are those that are proposed on this list selected.
If it is going to be selected two or more Board members, and the procedure for the distribution of tasks leads to one of the sexes is not represented, indent the next candidate on the list from the underrepresented gender up to the extent that is necessary to ensure such representation. If the candidates are elected from different lists, the promotion of the underrepresented gender on the list as it had the lowest quotient in the election. This is true anyway if one of the sexes account for less than 20 percent of the employees in the company at the time of selection.

section 15. Constituency Company can be divided into as many constituencies as it shall be elected Board members and observers. All employees should belong to a constituency. The staff has only the right to vote and are only selectable in the constituency they belong to. In case of doubt will determine the selection board which constituency an employee belongs to.
The election can take place as majority choice or the relationship of choice of and among the staff in the individual constituency.
If a Board member or observer to stop to have their place of work in that part of the business that belongs to the constituency he or she is selected from, ceases the task.
If it is going to be selected two or more representatives and the election is to be conducted in the constituencies, the following arrangement if the result of the election means that it is not selected representatives of both sexes to the Board: the candidate or list that received the lowest level of support in terms of the number of votes in proportion to the number of stemmeberettigete in the individual constituency will be replaced by the nearest candidate on the list from the underrepresented gender to the extent that is necessary to ensure the correct representation. The same goes for the Deputy members. This does not apply if one of the sexes account for less than 20 percent of the total number of employees in the company at the time of selection.

section 16. Deputies By majority choice it should be selected as many deputies as it shall be elected Board members and observers, with the addition of two.
By the relationship of choice should each list have as many deputies as it is have Board members and observers, with the addition of two. If it is going to be selected individual deputies, should it be selected two alternates for each Board member and each observer.
If the election is to be conducted in the constituencies it should in each circuit is selected as many deputies as it shall be elected Board members and observers, with the addition of two.
It shall be elected deputies of both sexes unless one of the sexes account for less than 20 percent of the employees in the company at the time of selection.
Deputy members shall be convened in the order they are selected. If it has been the relationship of choice, summoned the Deputy members from the same list as the Member of the Board or the observer that he or she will be replacing. If it is selected to advance the observers, the observer on board member space and first Deputy to attend as an observer. This does not apply if the selected individual deputies.
If a Board member resigns, his enduring tasks becomes the observer or Deputy member who is getting up on that person's space, the ordinary member of the Board.

§ 17. The result of the election, the election results should be entered into an election Protocol signed by the selection board. The election result will be notified to the company's management and local unions by transmittal of election Protocol. The Protocol is stored by the company. The employees should be briefed about the election results.

§ 18. Term of Office and meeting the obligation to take place Election every two years. The term is counted from the election and ends when the new representatives are selected that year election period expires. If the employee does not have selected new representatives at this time, members of the Board work, observers sitting and deputy members until the new is selected. Re-election can take place.
Board Member, observer and summoned the Deputy member has meeting unless the person has duty valid decay.
When there is a particular relationship, the Board Member, observer and Deputy Board Member the right to retire before the election period.
If the Board Member, observer or Deputy stops in the company, ceases the task.
If the by-election is made, works the newly elected representatives the rest of the election period.

§ 19. The by-election will be held on the selection board members, observers and deputies in the election period when it is necessary to maintain the employees ' representation on the Board.
By-election must be made to fill the positions that are left when the promotion scheme in section 16 is 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 imposed by section 9, but still not shorter than two weeks before election day.

Chapter IV. Application for exemption from the rules on employee's right to representation in the governing bodies and dispute resolution, etc.

section 20. Application for exemption from the rules on employee's right to representation in the governing bodies If the rules of the law on interkommunale companies about the employee's right to representation in the governing bodies, or the rules of this regulation will result in significant disadvantages or are inappropriate for the implementation of the employee's right to representation, Corporate democracy Committee, cf. regulations 20. June 2014 Nr. 851 about the employee's right to representation in the stock companies ' and public limited companies ' Board of Directors and the corporate Assembly etc. § 53, provide full or partial exceptions to this.
It could not be granted exemptions from the requirement of gender distribution in the law about interkommunale companies § 10 the first paragraph.
The choice of the employee representatives is postponed until a decision is made, unless the Committee determines otherwise.
The Committee can set conditions for the decision.
The Committee may at any time revoke or modify the decision if the criteria are not met or conditions change.
The exception from the rules of the law on interkommunale companies or this Regulation applies for an indefinite period unless the Tribunal determines otherwise.

§ 21. Who can apply for exemptions application for exception can be promoted by the company, a majority of the employees or the local Trade Union.
The company, a majority of the employees or the local Union can separately search Corporate democracy the Committee that a decision will be revoked or changed. Such an application can be promoted at any time.

§ 22. The application's content the application shall be in writing and reasoned.
If the application is promoted by the company, to the opinion of the local trade unions be attached. If the application is promoted by a majority of the employees or the local Union to the opinion of the company be attached.

§ 23. Dispute resolution, etc. Regulations 20. June 2014 Nr. 851 about the employee's right to representation in the stock companies ' and public limited companies ' Board of Directors and the corporate Assembly etc. section 52-section 55 applies.

section 24. Entry into force these regulations shall enter into force 1. July 2014. From the same time repealed regulations 29. August 2006 no. 1009 about employee's right to representation in the controls for interkommunale companies.