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The Law Of 5 April 2002 On European Works Councils

Original Language Title: USTAWA z dnia 5 kwietnia 2002 r. o europejskich radach zakładowych

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ACT

of 5 April 2002

o European Works counds 1)

Chapter 1

General provisions

Article 1. [ Regulatory scope] 1. The law sets out the principles for the creation and functioning of European works councils and ways of informing employees and consulting employees in enterprises and groups of undertakings with a Community-wide scope for the implementation of workers ' rights for information and consultation on transnational matters. The Act does not infringe on the information and consultation powers specified in the separate rules.

2. The Act shall apply to:

1) Community-scale undertakings and groups of undertakings, the central management of which is established in Poland;

(2) Community-scale undertakings and groups of undertakings whose central administration is not established in a Member State, where that management board has appointed its representative with its registered office in Poland;

(3) Community-scale undertakings and groups of undertakings whose central management board is not established in a Member State and has not appointed a representative in a Member State if there is an establishment in Poland of such a kind an undertaking or an undertaking which is part of such a group where the largest number of employees in the Member States in the undertaking or group of undertakings concerned is employed.

3. The obligations and responsibilities imposed by the Act on the Central Management Board shall be incumbable at the appointed representative or on the board of the establishment or undertaking referred to in paragraph 1. 2 points 2 and 3.

3a. The obligation to consult employees ' representatives shall be without prejudice to the tasks of the central management or other management board of the relevant level.

4. The provisions of the Act do not apply to enterprises and groups of companies having the status of a European company within the meaning of the provisions of the Act of 4 March 2005. o the European Economic Interest Grouping and the European Company (Dz. U. Nr 62, poz. 551, of late. zm.), unless there is a case referred to in the provisions of art. 81 (1) 3 of this Act.

5. The provisions of the Act do not apply to enterprises and groups of undertakings having the status of a European cooperative within the meaning of the provisions of the Act of 22 July 2006. of a European cooperative (Dz. U. Nr. 149, pos. 1077 and 2011 No. 133, item. 767), unless there is a case referred to in the art provision. 57 (1) 3 of this Act.

Article 2. [ Definitions] Whenever there is a law in the law:

1) an entrepreneur-must be understood by a natural person, a legal person and a non-legal entity of a commercial law company, who professionally, in his own name takes up and performs an economic activity, as well as manufacturing activity in agriculture in the field of agricultural crops and breeding and rearing of animals, horticulture, vegetable, forestry and inland fishing;

(2) a group of undertakings, which must be understood by two or more undertakings belonging to undertakings associated with the organisation or capital of which one of them is a trader who has control over others;

(3) a Community-scale undertaking-a company belonging to the undertaking which employs at least 1000 employees in the Member States, including at least 150 employees in at least 150 employees. two Member States;

4. a Community-scale group of undertakings-a group of undertakings in which at least 1000 workers are employed in the Member States, including at least 150 employees in at least two countries Member States

(5) the central order, which shall be understood by the person or the managing body of a Community-scale undertaking or of an undertaking belonging to an undertaking exercising control in a Community-scale group of undertakings;

(5a) information-this shall mean the transmission of the data by the employer to the employees ' representatives at the appropriate time, in an appropriate manner and of the relevant content, so that it is possible to consult and examine the case raised and to examine the relevant content and to carry out an in-depth assessment of the possible impact, in particular, on the rights and obligations of workers and, where necessary, to prepare a consultation with the competent authority of the Community-scale undertaking or group of undertakings concerned;

(6) consultations shall be understood to mean the establishment of a dialogue and an exchange of views between the employees ' representatives and the central management or other management board at the appropriate time, in an appropriate manner and with appropriate content, so as to enable workers ' representatives to express their views on the basis of information provided on the proposed actions to be consulted, so that, within a reasonable period of time, these measures can be taken into account by the undertakings or Community-scale groups of undertakings;

6a) a supranational case-this must be understood as regards the whole of a Community-scale undertaking or group of undertakings or at least two undertakings or undertakings of a business or a group of undertakings with a range of undertakings Community based in two Member States;

7. Member States-this should be understood by the Member States of the European Union and the other countries which have signed the Treaty on European Economic Space;

(8) the European Works Council, which shall be understood by the Council established in accordance with Chapter 3 or set up in accordance with Chapter 4 with a view to the implementation of the right of workers to be informed and consulted;

(9) a special negotiating body-this must be understood by a panel set up in accordance with Chapter 2 with a view to concluding an agreement with the central management of the establishment of a European Works Council or a means of informing the staff and consultation with employees.

Article 3. [ Employment size setting] 1. The number of employees referred to in art. 2 points 3 and 4, shall be determined on the basis of the average number of persons employed over the last 2 years prior to the submission of the application or with the initiative of negotiations on the establishment of a European Works Council or the manner in which the employees are informed and consultation with employees.

2. When determining the average number of employees, account shall be taken of the persons employed on the basis of the employment relationship, calculated on the basis of the full dimension of working time. In order to calculate the average number of employees during the last 2 years, the average number of persons employed per month shall be added and the sum received shall be divided by 24.

3. When the amount of employment referred to in Article is reached. In accordance with the laws of a Member State, the Central Executive Board shall immediately inform the representatives of the employees representing their interests, in accordance with the legislation of the Member State, and shall inform the staff members thereof in a manner adopted in the course of the the establishment.

Article 4. [ Dependencies between entrepreneurs] 1. A trader who has control over another trader shall be regarded as an entrepreneur who can exercise, directly or indirectly, a dominant influence on the functioning of another entrepreneur, in particular from the title of property, owned shares or under the provisions of law or agreements establishing organisational links between entrepreneurs.

2. The entrepreneur has a dominant influence on the functioning of another entrepreneur (dependent entrepreneur), if he has:

1) at least 50% of the shares (shares) of the dependent entrepreneur or

2) the majority of votes in the assembly of shareholders (general meeting of shareholders) of the dependent entrepreneur, or

3) the right to appoint or dismiss more than half of the members of the governing body or the supervisory body of a dependent entrepreneur.

3. A trader depending on the trader who is dependent on the trader who is dependent on the control (indirect dependency) is also considered to be a subsidiary of an economic operator who is dependent on the trader.

4. Where more than one trader meets the criteria referred to in paragraph. 2, for the trader who is in control, who may appoint more than half of the members of the management or supervisory body of the subsidiary, until another trader becomes an undertaking for the control.

5. The entrepreneur who is in charge of control of another entrepreneur is not considered to be an entrepreneur who:

1) is a financial institution temporarily acquiring or comprising shares or shares with a view to resale them, if the object of the institution's business activity is carried out on its own or between the account of the investment in shares or other shares economic operators, provided that the resale occurs before the end of the year from the date of acquisition, and that:

(a) that institution does not exercise the rights of those shares or shares, with the exception of the right to dividends, or

(b) that institution shall exercise the rights of those shares or shares exclusively for the purpose of preparing the resale of all or part of the undertaking, of its assets or of those shares, or of shares;

2) having the status of the entrepreneur performing the control, is an entrepreneur whose sole object of activity is the acquisition of holdings of shares in other enterprises and the management of these packages and to rotate them in order to the development of a profit, without direct or indirect involvement in the management of those undertakings, or the determination of the behaviour of those undertakings on the relevant market within the meaning of the Article. 4 point 9 of the Act of 16 February 2007. on the protection of competition and consumers (Dz. U. Nr 50, poz. 331, with late. zm.).

Article 5. [ Creating the conditions for the establishment of a European Works Council] 1. The central administration shall provide the conditions and means necessary for the establishment or establishment of a European Works Council or the establishment of another means of informing employees and consulting employees.

A central or other management board of each undertaking belonging to a Community-scale group of undertakings shall be obliged to collect and communicate to the special negotiating body the information concerning the the structure of the undertaking or group of undertakings and the number of their employees.

2. The central executive board shall communicate to the Minister responsible for the work of the labour agreement the establishment of the European Works Council or the manner in which the staff are informed and consulted on the staff or information about the establishment of the European Council assumed.

Chapter 2

Special Negotiating Team

Article 6. [ Agreement on the Establishment of a European Works Council] 1. The task of a special negotiating team shall be to conclude with the central administration an agreement to establish a European Works Council or to establish the manner of informing employees and consultation with the employees.

2. Beginning of negotiations on the conclusion of the agreement referred to in paragraph. 1, shall take place on the initiative of the central management board or at the written request of at least 100 employees or representatives representing such number of employees, employed in at least two undertakings or establishments of work in at least two Member States.

Article 7. [ Members of the special negotiating team] 1. (repealed).

2. The members of the special negotiating body shall be selected or appointed in proportion to the number of employees employed in each Member State by a Community-scale undertaking or a group of undertakings with Community-wide scope by providing a single place for the group of employees employed in that Member State, representing 10% of the number of employees employed in all Member States, or part of that group.

3. (repealed).

Article 7a. [ Significant changes in the structure of the company or group of companies] (1) If the structure of a Community-scale undertaking or group of undertakings is substantially amended and there is no provision laid down under the agreements in force concerning the amendment of the agreement, or if there is a mismatch between the relevant the provisions of at least two existing agreements, the central administration shall initiate the negotiations referred to in Article 4. 6 para. 2, either on its own initiative or at the written request of at least 100 employees or their representatives in at least two undertakings or establishments of work in at least two Member States.

2. In the case referred to in paragraph. 1, in the composition of the special negotiating team, in addition to the members selected or appointed in accordance with art. 7 ust. 2, shall include at least three members of the European Works Council or of each of the European Works Councils.

3. During the negotiations referred to in paragraph. 1, the European Works Council or the European Works Councils shall exercise their powers under the terms of a specific agreement between the European Works Council or the European Works Councils and the Central Board.

Article 8. [ The designation or choice of the Polish representative in the team] 1. In the event that employees are employed in Poland in one establishment of a work forming part of a company or a group of companies with a Community-wide scope, members of the special negotiating team representing the Polish employees are designated by the representative establishment of the union and, in the absence thereof, by the number of employees referred to in this Act or by the law of another Member State.

2. The establishment of the association shall be representative if it fulfils the conditions laid down in Article 4 (2). 241 25a § 1 of the Labour Code. The provisions of Article 4 241 25a § 3-5 of the Labour Code shall apply mutatis mutandis.

3. In the case where several representative trade union organisations operate in the establishment, they shall appoint the members of the special negotiating body together. In the event of failure to reach an agreement by the representative trade union organisations, members of the special negotiating body shall select the staff members from among the candidates notified by those organisations.

4. The election of the members of the special negotiating team by the employees shall be organised by the central management board, notifying the staff of the time-limits and the manner in which they are carried out in a manner adopted at the establishment Notification of employees should take place no later than 14 days prior to the day of the election.

5. [ 1] Within the time limit referred to in paragraph 1. 4, the Central Management Board gives notice of the election of the union organizations, representative within the meaning of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240).

6. The organisations referred to in paragraph 1. 5, have the right to delegate their representatives to participate in the activities related to the holding of elections.

7. The elections shall be direct and shall be held in secret ballot.

8. The elections shall be valid if at least 50% of the workers have participated in them.

9. In the event that at least 50% of the employees have not participated in the elections, after 3 months, there shall be re-elections, which shall be valid regardless of the number of the employees involved.

10. The special negotiating body shall be composed of candidates who will receive successively the highest number of votes.

Article 9. [ The designation or selection of a larger number of representatives] 1. Where employees are employed in Poland in more than one establishment forming part of a Community-scale undertaking or group of undertakings, in each of them, in accordance with the procedure laid down in Art. 8, designate or select three representatives in order to appoint the members of the special negotiating team.

2. In the establishment of the work in which it is employed at least:

1) 25% of the total employees of the company or group of companies with a Community-wide scope employed in Poland-shall be designated or selected in addition to one representative;

2) 50% of the total employees of a company or a group of companies with a Community-wide scope employed in Poland-shall be designated or selected in addition of two representatives;

3) 75% of the total employees of the company or group of companies with a Community-wide scope employed in Poland-shall be designated or selected by an additional three representatives.

3. The provisions of the Rules shall apply mutatis mutandis to the election of representatives. 8 ust. 3-10, with the fact that the elections are organised by the boards of individual work establishments. These management boards shall immediately inform the central management board of the choice of the representatives.

4. The Central Executive Board shall, within 14 days of notification of the appointment or selection of representatives, arrange for their meeting.

5. The representatives shall select from among themselves the members of the special negotiating team in the number determined in accordance with art. 7 ust. 2.

6. Representatives shall notify the central management of the selected members of the special negotiating body.

Article 10. [ Determining the number of Polish representatives by foreign legislation] The provisions of Article 4 8 and 9 shall also apply to the appointment of representatives of employees working in Poland to a special negotiating body or of a European Works Council in the number determined by the legislation of another Member State in which it is located the central administration of the Community-scale undertaking or group of undertakings.

Article 11. [ Reserve Members] 1. At the same time, the designation or selection of the members of the special negotiating body shall be determined or selected by three reserve members.

2. In the event of the expiry of the term of office of a member of the special negotiating team, a reserve member shall enter the composition of the special negotiating team, which has obtained the highest number of votes.

Article 12. [ Expiry of the mandate] The mandate of a member of the special negotiating body shall expire in the event of termination or termination of the employment relationship, absence from work lasting more than 3 months, or renunciation of the function.

Article 13. [ Notice of Selected Team Members] (1) The representative organisations shall immediately notify the central management board of the members of the special negotiating body designated in accordance with Article 4 (1). 8 ust. 1.

2. The special negotiating body shall notify the central management board of the members of the special negotiating body selected in accordance with art. 8 ust. 4.

3. The Central Executive Board shall notify the composition of the special negotiating body concerned:

1) European workers 'and employers' organisations, whose opinions are consulted by the European Commission under art. 154 Treaty on the Functioning of the European Union;

2) the management boards of enterprises and work establishments and their employees.

Article 14. [ Convening a meeting with a view to concluding an agreement on the establishment of the Council] 1. Within 30 days of the establishment of the special negotiating body of the negotiating body, the central administration shall convene a meeting with its participation in order to conclude an agreement to establish a European Works Council or to determine the manner in which the employees are informed and consultation with employees. The central management board shall notify the competent management boards of the undertakings and the establishments and the relevant European organisations of workers and employers referred to in Article 4. 13 (1) Article 3 (1) shall be convened by the date of convening the special negotiating body.

2. The Special Negotiating Body shall elect its chairman and shall adopt its internal rules of procedure.

3. Members of the special negotiating team shall have the right to convene and hold the deliberations before and after the meeting with the Central Board.

4. In carrying out the tasks, the special negotiating body may use the assistance of the experts appointed, which may also be the representatives of the trade unions operating at European level.

5. Experts, including representatives of trade unions, may, at the request of the special negotiating body, participate in meetings with the central management as consultants.

Article 15. [ Expenses related to the creation and operation of the team] 1. The costs associated with the creation and operation of the special negotiating team shall be borne by the central management board.

2. The central administration is obliged to provide the premises, means, interpreters and office staff and cover the necessary travel, accommodation and board costs of the members of the special negotiating body.

3. In the case of the use of a special negotiating team with the assistance of experts, the obligation to cover the costs shall be limited to one expert, unless the central administration and the special negotiating team decide otherwise.

4. Members of the special negotiating body shall have the right to participate in the training necessary for the performance of their functions in an international environment, with the right to remuneration calculated in accordance with the rules on exemption from work the member of the management board of the establishment of the trade union organisation.

Article 16. [ Team Work Mode] 1. The special negotiating body shall act by a simple majority of votes, subject to paragraph. 2. In the event of an equal number of votes, the vote of the members of the Member State with the greatest number of employees employed

(2) A special negotiating body may, by way of a resolution by a majority of two thirds of the votes cast, decide not to enter into negotiations or to conclude the negotiations without concluding an agreement. The special negotiating body shall immediately inform the central management board of the content of the resolution. In the event of such a resolution, the provisions of Chapter 4 shall not apply.

3. A new request for the appointment of a special negotiating team may be submitted not earlier than after 2 years after the adoption of the resolution referred to in paragraph. 2, unless the central management board and the special negotiating body set a shorter deadline.

Chapter 3

Agreement on the establishment of a European Works Council or the determination of information and consultation

Article 17. [ Negotiations with a view to concluding an agreement] 1. The central administration and the special negotiating body shall negotiate in such a way as to conclude an agreement to establish a European Works Council or to determine the manner in which the employees are informed and consulted.

2. The Central Executive Board shall, as appropriate, make available to the special negotiating team the data and materials necessary for the performance of its tasks.

Article 18. [ Determination of ways of informing and consulting employees] 1. The central administration and the special negotiating body may, by written agreement, set out one or more of the ways in which the staff shall be informed and consulted, instead of the establishment of a European Council. assumed. The agreement shall lay down rules for meetings of representatives representing employees with a view to exchanging views on the information provided to them.

2. The agreement referred to in paragraph 2. 1, applies to all workers employed in the undertaking or in a group of undertakings with a Community-wide scope.

Article 19. [ Scope of the Agreement] 1. Where the central administration and the special negotiating body agree that a European Works Council is to be established, the agreement shall specify in particular:

(1) undertakings and establishments belonging to a Community-scale undertaking or group of undertakings to which the agreement relates, including those situated outside the territory of the Member States, if they are covered by an agreement;

2. the composition of the European Works Council, reflecting, as far as possible, the balanced representation of employees in terms of their professional activities, categories of workers and sex, and the number of members, the allocation of mandates and the duration of the council's term of office;

(3) the powers of the European Works Council and the manner in which it is to be informed and consulted;

(3a) the conditions for the link to information and consultation between the European Works Council and workers ' representatives at national level, the national provisions of which are entitled to be informed and consulted;

(4) the place, frequency and duration of meetings of the European Works Council;

(5) the financial and material resources allocated to the European Works Council;

6) the duration of the agreement and the procedure for its amendment, the cases in which the agreement should be amended, and the conditions under which the agreement may be amended or terminated, in particular taking into account the cases where changes are made to the structure of the Community-scale undertaking or group of undertakings.

(1a) The parties to the agreement may specify the composition, the mode of appointment, the tasks and the principles of action of the bureau set up within the framework of the European Works Council in agreement.

1b. Conclusion of the agreement referred to in paragraph 1. 1, requires written form.

2. The provisions of Chapter 4 shall not apply to the content of the Agreement on the establishment of a European Works Council and of an agreement to establish the manner of communication and consultation, unless the central administration and the special negotiating body decide otherwise.

Art. 19a. [ Informing and conducting consultations] 1. If, in the agreement referred to in Article 1, 19, there will be no specific conditions for linking information and consultation between the European Works Council and workers ' representatives at national level, and the central management board will be planning to take decisions that may lead to the significant changes in the organisation of work or in labour relations, the central administration is obliged to:

1) to inform and hold consultations with the European Works Council on the proposed decision;

2. to provide information on the proposed decision to the competent management of undertakings and establishments in the Member States for the purpose of implementing the right of staff to inform and consult.

2. To inform and consult the provisions referred to in paragraph 1. In respect of workers, point 2 shall be:

1) employed in Poland is applied by the Act of 7 April 2006. on the information and consultation of employees (Dz. U. Nr. 79, pos. 550, with late. d), and if the employer does not work in a given employer, the information and consultation shall be carried out with the representatives chosen in the mode of the employer concerned;

(2) employed in another Member State shall apply the rules laid down by the legislation or practice of the Member State concerned.

Chapter 4

Establishment of a European Works Council

Article 20. [ Application of provisions of the Act] The provisions of the Chapter shall apply where:

(1) the central management board and the special negotiating body so decide either

2) the central management board will not enter into negotiations within 6 months from the date of submission of the employees of the application referred to in art. 6 para. 2, or

3) there will be no agreement on the establishment of the European Works Council or the determination of the manner of informing the employees and consultation with the employees within 3 years from the date of the initiative by the Central Management Board or the submission of the staff of the application in accordance with Article 6 para. 2.

Article 21. [ Composition of the Board] 1. The European Works Council shall consist of representatives of employees working in the territory of the Member States in the undertaking or a group of undertakings with a Community-wide scope.

2. Members of the European Works Council shall be selected or determined in proportion to the number of employees employed in each Member State in a Community-scale undertaking or in a Community-scale group of undertakings by means of the allocation of one seat to a group of workers employed in that Member State, representing 10% of the number of employees employed in all Member States, or part of that group.

Article 22. [ Changes in the composition of the European Works Council] 1. (repealed).

2. (repealed).

3. The Central Executive Board shall check, once every 2 years, whether the number of employees affected by the distribution of seats in the European Works Council has changed. In the event of such a change, the central administration shall organise the election as part of its jurisdiction as set out in the Act, or it shall request the members to be entitled to do so. Membership of the European Works Council of members originating in the Member State concerned shall be established on the date of designation or selection of the new members.

4. To change the composition of the European Works Council, involving representatives of employees from a new Member State or a State covered by an agreement in accordance with the Art. 19 (1) 1 point 1, which is covered by the scope of the Community-scale undertaking or group of undertakings, the provision of the paragraph. 3 shall apply mutatis mutandis.

Article 23. [ Selection and term of office of members] 1. Members of the European Works Council, representing workers employed in Poland, in the number specified by this Act or by the law of another Member State, shall be appointed or chosen in accordance with the procedure laid down in art. 8 or 9. The measures necessary for the appointment or selection of the members of the European Works Council shall be taken within a period of 3 months from the provisions referred to in Article 3. 20 point 1, or from the date of expiry of the periods referred to in Article 20 (1), 20 points 2 and 3.

2. The tenure of the European Works Council shall be 4 years.

3. Membership in the European Works Council shall cease in the cases referred to in art. 12 and 22 ust. 3.

Article 24. [ Notice of designated members] The representative association organisations shall immediately inform the central management board of the designated members of the European Works Council. The central management board shall provide this information to the competent management of the undertakings and the work establishments and the staff employed in them.

Article 25. [ Organizational meeting] 1. The central management board shall convene an organisational meeting at the time of the establishment of the European Works Council, where the composition of the European Works Council is determined. At the meeting, the European Works Council shall elect its chairman, appoint the presidium, and shall adopt its rules of procedure.

2. (repealed).

3. The presidium shall be composed of the chairman and no more than four members. The members of the bureau should be employed in different Member States.

Article 26. (repealed).

Article 27. [ Advice of the Council] The European Works Council shall act by a simple majority of the votes of the present members, except in the case referred to in Article 4. 16 ust. 2. when the European Works Council is entitled to the rights and obligations of the special negotiating body in accordance with the provisions of Article 4 (2). 35 par. 2.

Article 28. [ Council powers] 1. The European Works Council shall be empowered to obtain information and consultation on the whole of a Community-scale undertaking or group of undertakings or at least two work establishments or two undertakings. located in different Member States.

2. In the case of a Community-scale undertaking and a group of undertakings whose central administration is not established in a Member State, the European Works Council shall be entitled to obtain information and consult on the all work establishments or undertakings located in the Member States, or at least two work establishments or two undertakings located in different Member States.

Article 29. [ Information and consultations] 1. The Central Executive Board shall organise at least once a year a meeting with the European Works Council in order to provide information on the economic situation and prospects for the development of a Community-scale undertaking or group of undertakings, and to consult on the information provided.

2. The Central Executive Board shall prepare for a meeting a report on the economic situation and prospects for the development of a Community-wide enterprise or group of undertakings.

(3) Information and consultations shall cover, in particular, issues relating to:

(1) the structure of a Community-scale undertaking or group of undertakings;

2) the economic and financial situation and the possible development of activities, including production, sales and investments;

3) the situation in the field of employment and possible development in this regard;

4) the introduction of significant organisational changes;

5) introduction of new methods of work or new production processes;

6. changes in the location of the undertaking or establishment or a substantial part of the undertaking or establishment and the transfer of production to another establishment or undertaking;

7) mergers and divisions of enterprises or work establishments;

(8) to limit the size or cessation of activities of an undertaking or establishment, or to a substantial part of the undertaking or establishment;

9) collective redundancies.

3a. The consultation shall be conducted in such a way as to enable the European Works Council to meet with the Central Board and to obtain a reply, together with a reasoned opinion on any opinion submitted by the European Works Council.

4. At least 14 days before the date of the meeting, the central management board shall notify the Board of Governors of the undertakings and establishments and the members of the European Works Council at least 14 days before the date of the meeting.

Article 30. [ Occurrence of exceptional circumstances having a significant impact on the situation of workers] 1. In the event of exceptional circumstances having a significant impact on the situation of workers, in particular in the case of collective redundancies, the change of the location of the undertaking or of the establishment or a substantial part of the undertaking or establishment The central management board shall be required to inform the bureau or the European Works Council in the event of the cessation of the operation of the undertaking or of the establishment or of the relevant part of the undertaking or establishment of work.

2. At the request of the bureau or of the European Works Council, the central board or the other management board designated by the applicant empowered to take independent decisions shall meet with the bureau or with the European Works Council in order to to provide information or consultations on matters of significant importance for the interests of employees. At the meeting, the central management or other management board shall prepare a report.

3. In the meeting referred to in paragraph. 2, organised with the participation of the bureau, may participate in the members of the European Works Council from undertakings or establishments directly concerned by matters which are the subject of information or consultation.

4. The meeting shall take place as soon as possible. The Bureau or the European Works Council may give its opinion on the report referred to in paragraph 1. 2, at the end of the meeting or within 14 days after its completion. The opinion should be considered by the competent management board before a decision is taken which the opinion is of.

Article 31. [ The sitting without the participation of the central management board] The European Works Council or the bureau may precede any meeting with the meeting of the Central Board without its participation. The members of the European Works Council, as referred to in Article 4, may participate in the meeting of the Bureau. 30 par. 3.

Article 32. [ Forwarding information to staff and results of consultations] The members of the European Works Council shall inform the representatives of the employees of the Community-scale undertakings or groups of undertakings and, in the absence of the workers themselves, of the content of the information and the results of the consultation obtained in accordance with the provisions of this Chapter.

Article 32a. [ Responsibilities of the central executive in the case of a planned decision] 1. In the case of a planned decision which may lead to significant changes in the organization of work or in the relations of work, the central management shall be obliged to:

1. to inform and consult the European Works Council on the proposed decision;

2. the transfer of relevant information to the local authorities for the purpose of implementing the right of staff to inform and consult in those countries whose planned decision is to be addressed.

2. To inform and consult the provisions referred to in paragraph 1. In respect of workers, point 2 shall be:

1) employed in Poland is applied by the Act of 7 April 2006. informing and consulting employees, and where the employer's board of staff is not in operation, the information and consultation shall be carried out with the representatives chosen in the mode of the employer concerned;

(2) employed in another Member State shall apply the rules laid down by the legislation or practice of the Member State concerned.

Article 33. [ Expert opinion] The European Works Council or the bureau may draw on the assistance of the experts of their choice, if necessary for the fulfilment of their tasks.

Article 34. [ Costs relating to the activities of the European Works Council] 1. Costs connected with the activity of the European Works Council, in particular the costs of organising meetings, accommodation, meals and crossings of members, translations and necessary trainings with the preservation of the right to remuneration, shall be borne by the Management Board central, unless the central management and the European Works Council decide otherwise.

2. The Central Executive Board shall establish, in agreement with the European Works Council, the annual budget of the Board. Where the budget has not been agreed by the end of the calendar year preceding the financial year, the central management board shall determine it by itself, except that at least the amount resulting from the multiplication should be allocated to the Council. the number of members of the Board by the amount of three times the average monthly remuneration of the last quarter of the year preceding the given calendar year, as announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland Polish "Monitor Polski".

Article 35. [ Negotiations with a view to concluding an agreement] 1. The European Works Council shall, after a period of 4 years from the date of the constitution, consider whether it will initiate negotiations with the Central Board for the conclusion of the agreement referred to in Chapter 3. The European Works Council expresses its position in the form of a resolution.

2. In the event of a resolution on the start of negotiations of the European Works Council, the rights and obligations of the special negotiating body shall be entitled.

Chapter 5

Prohibition of disclosure of information constituting a business secret

Article 36. [ Protection of company secrecy] 1. Members of the special negotiating body, the European Works Council, as well as the representatives representing the employees in accordance with the agreement concluded on the basis of art. 18 and the experts and interpreters shall be obliged not to disclose the information obtained in connection with the function of the information which constitutes the secret of undertakings for which the Central Board of Governors has reserved the obligation to preserve their confidentiality. The obligation not to disclose the information obtained shall also be subject to the cessation of the performance of the duties, unless the central management has specified otherwise the period of binding obligation.

2. The central administration may, in particularly justified cases, not make available to employees ' representatives the disclosure of which it could, according to objective criteria, seriously disrupt the activities of the undertakings concerned, or Expose them to significant damage.

3. In the event of recognition that the confidentiality of information or non-availability of information is not in accordance with the provisions of the paragraph. 1 or 2, the special negotiating body, the European Works Council and the representatives representing the staff in accordance with the agreement concluded on the basis of the art. 18, may apply to the district court-an economic court with an application for an exemption from the obligation to maintain the confidentiality of information or to order the information to be made available.

4. In the cases referred to in paragraph. 3, the provisions of the Code of Civil Procedure for the recognition of cases in the scope of provisions on state enterprises and the self-government of the crew of a state-owned enterprise, excluding art, shall apply accordingly. 691 1 § 2 and art. 691 7 The judicial capacity in these matters shall be: the special negotiating body, the European Works Council, the representatives representing the staff in accordance with the agreement concluded on the basis of the art. 18 and the central management board.

5. The Tribunal, at the request of the Central Board or of its own motion, may, by way of order, to the extent necessary to limit the right of inspection to the evidence attached by the Central Management Board to the file of the case in the course of legal proceedings, if the provision of this material would threaten the disclosure of the business secrets or other secrets to be protected on the basis of separate provisions. The decision of the court restricting the right of inspection to the evidence of the complaint shall not be entitled to.

6. The provisions of the paragraph. 1-5 shall be without prejudice to the provisions on the protection of secrecy laid down in the separate rules.

Chapter 6

Protection of employees ' representatives

Article 37. [ Protection of the employment relationship of members of the Council and of 1. The employer may not terminate or dissolve the employment relationship with the employee who is a member of the special negotiating body or of the European Works Council during the term of the mandate and during the period of the year after his/her expiry without consent representing the employee of the establishment of the union organization, and if the employee is not represented by any establishment of the union-without the consent of the district labour inspector competent locally for the employer's head office.

2. The employer shall not change unilaterally the working conditions or pay to the disadvantage of a worker who is a member of the special negotiating body or of the European Works Council during the term of the mandate and during the period of the year after his or her expiry the consent of the representing employee of the establishment of the union, and if the employee is not represented by any establishment of the trade union, without the consent of the district labour inspector responsible locally for the employer's seat.

3. A member of the special negotiating team or the European Works Council shall have the right to exemption from professional work in connection with the participation in the work of these bodies, with the right to remuneration calculated in accordance with the rules concerning dismissal from the work of the member of the management board of the association organization.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to representatives representing employees in accordance with an agreement concluded on the basis of the Article. 18.

Chapter 7

Other existing agreements on employee information and consultation with employees

Article 38. [ Exemption of application of the law] 1. The provisions of the Act shall not apply to undertakings and groups of undertakings with Community-wide scope in which, before 22 September 1996, an agreement has been concluded providing a transnational means of informing employees and consultation with employees for the duration of the agreement, if the agreement covers all employees of the company or group of companies o the Community coverage of the Member States. Before the expiry of the period of validity of the agreement concluded for a period of time, the parties concerned may extend the duration of the agreement for a fixed period or declare the agreement indefinitely concluded.

2. The Agreement within the meaning of paragraph 1. 1 shall also be an agreement concluded outside the territory of the Member States, if it fulfils the other conditions laid down in that provision.

3. Paragraph Recipe 1 shall also apply where an undertaking or a group of undertakings with a Community-wide scope includes a larger number of agreements which, together, meet the conditions laid down in that provision.

4. The Central Executive shall communicate to the Minister responsible for the work of the agreement the agreements referred to in paragraph 4. 1 and 3.

Chapter 8

Penal provisions

Article 39. [ Obstruction of the employees ' representatives] Who, being a member of a central or other management board within a Community-scale undertaking or group of undertakings, or a representative in a Member State referred to in Article 4, is subject to a 1 (1) 2 (2), or a person acting on his behalf:

1) prevent the creation or hindering the operation of a special negotiating team, the European Works Council or informing employees and consulting employees carried out in accordance with a specific agreement concluded on the basis of art. 18,

2) discriminate against a member of the special negotiating team, a member of the European Works Council or a representative representing the employees in accordance with an agreement concluded on the basis of art. 18 in connection with its function,

shall be punished by restriction of liberty or fine

Article 40. [ Proceedings in cases of misconduct] Proceedings in matters referred to in Article 39 is based on the Code of Conduct on Offences Cases. In these cases, the public prosecutor is the Labour Inspector.

Chapter 9

Amendment to the provisions in force

Article 41. (bypassed).

Chapter 10

Final provision

Article 42. [ Entry into force] The Act shall enter into force on the date of obtaining by the Republic of Poland membership of the European Union.

Chapter 10

Final provision

Article 42.

1) This Act shall apply to the implementation of the following Directives of the European Communities as regards its implementation:

(1) Directive 94 /45/EC of 22 September 1994 (1) on the establishment of a European Works Council or a procedure for the information and consultation of workers in Community-scale undertakings or groups of undertakings (Dz. Urz. EC L 254 of 30.09.1994, p. 64, of late. zm.);

(2) Directive 97 /74/EC of 15 December 1997 (1). extending to the United Kingdom of Great Britain and Northern Ireland Directive 94 /45/EC on the establishment of a European Works Council or a procedure for the information and consultation of workers in undertakings or groups of undertakings Community-wide scope Urz. EC L 10 of 16.01.1998, p. 22).

The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special

[ 1] Article 8 (1) 5 in the version set by the Article. 64 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue (Journal of Laws of the European Union). 1240). The amendment came into force on 11 September 2015.