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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Chapter 1 General provisions Article. 1. [range] 1. The Act specifies the rules for the establishment and operation of European works councils and information and consultation of employees in undertakings and Community-scale groups of undertakings for the in order to implement the right of workers to information and consultation in transnational cases. The Act does not affect the rights to information and consultation laid down in legislation separate.

2. The law shall apply to: 1) undertakings and Community-scale groups of undertakings whose central management is resident in Poland;

2) undertakings and Community-scale groups of undertakings whose central management is not established in the Member State, if the Board has appointed its representative based in Poland;

3) undertakings and Community-scale groups of undertakings whose central management is not established in a Member State and has not designated a representative in the Member State where the establishment is located in Poland work that comes with such an undertaking or an undertaking forming part of such a group, which employs the largest number of employees employed in the Member States in a company or group of companies.

3. the duties and responsibilities imposed by law on the Board of the Central rest properly on the designated representative or on the Board of the establishment or undertaking referred to in paragraph 1. 2 paragraph 2 and 3.

3A. the obligation of consultation with the workers ' representatives may not constitute prejudice to the tasks of the Board of Directors of the central or other appropriate management level.

4. the provisions of this Act shall not apply to undertakings and groups of undertakings the status of European company within the meaning of the provisions of the Act of 4 March 2005 on the European economic interest grouping and the European company (Journal of laws No. 62, item. 551, as amended), unless there is a case referred to in the provisions of art. 81 paragraphs 1 and 2. 3 of this Act.

5. the provisions of this Act shall not apply to undertakings and groups of undertakings the status of a European cooperative society within the meaning of the provisions of the Act of 22 July 2006 on a European cooperative society (Journal of laws No. 149, poz. 1077 and 2011 # 133, poz. 767), unless there is a case referred to in the provision of article. 57 paragraph 3. 3 of this Act.

Article. 2. [Definitions] Whenever the law is talking about: 1) the entrepreneur must be understood a natural person, a legal person, and not the legal personality of a commercial company, which, on its own behalf shall take and perform an economic activity, as well as manufacturing activities in agriculture in the field of agricultural crops and farming and animal husbandry, gardening, vegetable growing, forestry and inland fisheries;

2) Group of companies-must be understood two or more of the companies belonging to the entrepreneurs associated organizationally or capital, one of which is the controlling entrepreneur on the other;

3) Community-scale enterprise-understood company of entrepreneurs employing in workplaces at least 1000 employees within the Member States, including at least 150 employees in at least two Member States;

4 Community-scale group of undertakings) – understood Group of companies, which employ at least 1000 employees within the Member States, including at least 150 employees in at least two Member States;

5) Central Board should be understood a person or governing body of the Community-scale undertaking or an undertaking belonging to a controlling entrepreneur in Community-scale group of undertakings;

5A) information-it should be understood as the transfer of data by the employer to the employees ' representatives in good time, in the right way and the right content, so that you can familiarize yourself with the alleged matter and to examine it, and to carry out an in-depth assessment of the possible impact in particular on the rights and obligations of employees and, if necessary, the preparation of the consultation with the competent authority of the undertaking or Community-scale group of undertakings;

6) consultation should be understood to connect to dialogue and exchange of views between employees ' representatives and central management or any other appropriate management level at the right time, in the right way and the right content, so as to enable employees ' representatives express an opinion on the basis of the information provided about the proposed measures, which apply to consultations, so that within a reasonable period of time, these side effects can be taken into account by the undertaking or Community-scale group of undertakings;

6a) on transnational-should be understood in cases concerning the whole of the undertaking or Community-scale group of undertakings, or of at least two undertakings or establishments of undertakings or Community-scale group of undertakings established in two Member States;

7) Member States – should be understood the Member States of the European Union and the other Member States which signed the Treaty on the European economic space;

8) the European Works Council must be understood the Council established in accordance with Chapter 3, or established in accordance with Chapter 4 in order to implement the right of workers to information and consultation;

9) special negotiating team – should be understood the body established in accordance with Chapter 2 with a view to the conclusion of the Board of the central agreement for the establishment of a European Works Council or finding out how to information and consultation of employees.

Article. 3. [fixing of employment] 1. The number of employees referred to in article 1. 2 paragraph 3 and 4, shall be determined on the basis of the average number of employees during the last 2 years before the application or instance of the negotiations on the establishment of a European Works Council or how to information and consultation of employees.

2. in determining the average number of employees shall be persons employed under an employment relationship, when converted to a full working time. In order to calculate the average number of employees during the last 2 years is added to the average number of employees in individual months and received the sum is divided by 24.

3. When you reach the size of employment referred to in article 1. 2 paragraph 3 and 4, the Board shall immediately notify the central employees ' representatives to represent their interests in accordance with the legislation of the Member State, and give this information to an employee in the manner adopted in the workplace.

Article. 4. [the relationship between entrepreneurs] 1. For the trader holding the control of another trader shall be deemed to the trader, which can directly or indirectly exercise a dominant influence on the functioning of another trader, in particular title, owned shares either by law or agreements establishing the organisational link between entrepreneurs.

2. The trader has a dominant influence on the functioning of another trader (trader dependent) if it has: 1) at least 50% of the shares (the shares) a trader dependent or 2) the majority of the votes in the Assembly of shareholders (the general meeting of shareholders) trader dependent, or 3) the right to invoke or appeal more than half of the members of the management or supervisory body of a trader dependent.

3. the trader depends on the trader holding the control shall also be the trader depends on another trader depends on the trader holding the control (indirect dependency).

4. where more than one operator meets the criteria referred to in paragraph 1. 2, the trader is considered controlling who can appoint more than half of the members of the management or supervisory body of a trader dependent, to the time when another trader becomes the controlling entrepreneur.

5. the trader holding the control of another trader is not considered a trader who: 1) is a financial institution should be held temporarily or shares or shares with a view to their resale, if the subject of economic activity of this institution is carried out on your own or someone else's account to invest in shares or shares of the other entrepreneurs, provided that reselling this will occur before the end of the year from the date of acquisition, and that : and) it does not execute the rights of such shares or shares, with the exception of the right to a dividend, or (b)), the Commission exercises the rights of these shares only in order to prepare the resale of all or part of the company, its assets or shares or shares;


2) having the status of controlling entrepreneur, is an entrepreneur, the sole object of which is to acquire holdings or holdings in other companies, and the management of those packages and rotate them to profit, without direct or indirect involvement in the management of those undertakings, or for determining the behavior of those undertakings in the relevant market within the meaning of article 3. 4 section 9 of the Act of February 16, 2007, the competition and consumer protection (Journal of laws No. 50, POS. 331, as amended).

Article. 5. [creating the conditions for the establishment of a European Works Council] 1. The Board of the Central will provide the conditions and measures necessary for the establishment or the establishment of a European Works Council or determine another way to information and consultation of employees.

1a. the Central Board or another Board of the appropriate level of each undertaking belonging to the Community-scale group of undertakings is obliged to collect and transfer the special negotiating information relating, in particular, to the structure of the undertaking or group of undertakings and baby-boomer their employees.

2. the Management Board shall forward to the competent labour Affairs Minister central agreement on the establishment of a European Works Council or finding out how to information and consultation of employees or information on the establishment of a European Works Council.



Chapter 2 the special negotiating body Article. 6. [the agreement on the establishment of a European Works Council] 1. The special negotiating body is to conclude with the management of the central agreement for the establishment of a European Works Council or finding out how to information and consultation of employees.

2. The start of negotiations on the conclusion of the agreement referred to in paragraph 1. 1, followed by the initiative of the Board of Directors of the central or at the written request of at least 100 employees or agents representing the number of employees employed in at least two undertakings or establishments in at least two Member States.

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

2. the members of the special negotiating body are elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale undertaking or Community-scale group of undertakings by granting one place to a group of employees employed in that Member State, representing 10% of the number of employees employed in all the Member States, or on the part of this group.

3. (repealed).

Article. 7A. [significant changes the structure of the undertaking or group of undertakings] 1. If the structure of the undertaking or Community-scale group of undertakings is a significant change, and there is a lack of provisions laid down by applicable agreements relating to the amendment of the agreement or are there is a mismatch between the relevant provisions of at least two of the existing agreements, the Central Board of the negotiations referred to in article 1. 6 paragraph 1. 2, on its own initiative or at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two Member States.

2. In the case referred to in paragraph 1. 1, in the composition of the special negotiating body, in addition to the members elected or designated in accordance with article 5. 7 paragraph 1. 2, at least three members of the European Works Council, or any of the European works councils.

3. In the course of the negotiations referred to in paragraph 1. 1, the European Works Council or the European Works Council shall exercise their powers in accordance with the terms of the agreement between the European Works Council or European factory councils and Central Administration.

Article. 8. [the appointment or selection of Polish representative in the team] 1. Where employees are employed in a single plant work forming part of the undertaking or Community-scale group of undertakings, members of the special negotiating body representative of the employees of the Polish are appointed by representative trade organisation works and, in the case of its absence, elected by the employees in the number specified this Act or a law of another Member State.

2. Factory organization Union is representative, if it meets the conditions referred to in article 1. 24125a § 1 of the labour code. The provisions of article 4. 24125a § 3-5 of the labor code shall apply mutatis mutandis.

3. in the case of workplace operates several representative trade union organisations, they together the members of the special negotiating body. In case no agreement can be reached by representative trade union organisations, members of the special negotiating body shall elect the workers out of the candidates reported by these organizations.

4. Election of the members of the special negotiating body by staff organizes the Board, notifying employees of the period and how they perform in the manner adopted in the workplace. Notification of workers should take place not later than 14 days before the date of the election.

5. [1] within the period referred to in paragraph 1. 4, the Central Board shall notify the trade union elections, the representative within the meaning of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240).

6. The organizations referred to in paragraph 1. 5, have the right to delegate its representatives to participate in the activities related to the carrying out of the election.

7. Elections are direct, and shall be held by secret ballot.

8. Elections are valid if attended at least 50% of the employees.

9. where, in the elections not attended at least 50% of the employees, after 3 months shall be carried out to the choices that are valid regardless of the number of participating employees.

10. In the composition of the special negotiating body composed of candidates, who will go to the highest number of votes.

Article. 9. [the appointment or selection of a greater number of representatives] 1. Where employees are employed in more than one company forming part of the undertaking or Community-scale group of undertakings, in each of them, as specified in article 1. 8, appoint or elect three representatives in order to elect the members of the special negotiating body.

2. In the workplace, that is, at least: 1) 25% of the total employees of the undertaking or Community-scale group of undertakings are employed – sets or selects in addition one representative;

2) 50% of the total employees of the undertaking or Community-scale group of undertakings are employed – sets or selects in addition two representatives;

3) 75% of the total employees of the undertaking or Community-scale group of undertakings are employed – sets or selects plus three representatives.

3. for the election of the representatives shall apply mutatis mutandis the provisions of art. 8 paragraph 1. 3-10, except that the elections are organized by the boards of the individual workplaces. The managements of these immediately shall notify the Central Board the choice of representatives.

4. the Management Board shall, within 14 days of the notification of the appointment or election of representatives, arrange their meeting.

5. the representatives shall elect from among themselves the members of the special negotiating body in the number determined in accordance with article 8. 7 paragraph 1. 2.6. The representatives shall notify the Board of the Central of selected members of the special negotiating body.

Article. 10. [Specify number of Polish representatives by foreign legislation] the provisions of art. 8 and 9 shall apply also to the emergence of the representatives of the employees to the special negotiating body or the European Works Council in the number specified by the legislation of another Member State, in which the central management of an undertaking or Community-scale group of undertakings.

Article. 11. [members of the reserve] 1. At the same time, the appointment or selection of members of the special negotiating body shall appoint or elect three members.

2. In the event of expiry of the mandate of a member of the special negotiating body, the composition of the special negotiating body shall enter into a reserve Member who has obtained the largest number of votes.

Article. 12. [termination] the mandate of the Member of the special negotiating body shall expire in the event of termination or expiration, absence from work lasting more than 3 months, or a waiver of the function.

Article. 13. [notification of selected members of the team] 1. Representative trade union organisations shall immediately notify the Board of the Central members of the special negotiating body designated pursuant to art. 8 paragraph 1. 1.2. The special negotiating body shall inform the Board of the Central members of the special negotiating body selected pursuant to art. 8 paragraph 1. 4.3. The Central Board shall notify the composition of special negotiating appropriate: 1) European workers ' and employers ' organisations, which reviews shall consult with the European Commission under art. 154 the Treaty on the functioning of the European Union;


2) boards of companies and workplaces and employed workers in them.

Article. 14. [the convening of the meeting in order to conclude an agreement on the establishment of the Council] 1. Within 30 days of the determination of the composition of the special negotiating body, the Central Board the Board shall convene a meeting with his participation with a view to concluding an agreement on the establishment of a European Works Council or finding out how to information and consultation of employees. The Central Board shall notify the competent boards of companies and workplaces and the competent European workers ' and employers ' organisations, referred to in article 1. 13 paragraph 1. 3, paragraph 1, of the date of convening the meetings of the special negotiating body.

2. the special negotiating body shall elect from their ranks a Chairman and shall adopt its own rules of procedure.

3. the members of the special negotiating body shall have the right to convene and hold meetings before and after the meeting with the Board.

4. in carrying out the tasks the special negotiating body may be assisted by appointed by experts, which can also be represented by trade unions operating at the European level.

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

Article. 15. [the costs associated with the establishment and the activities of the team] 1. The costs associated with the establishment and activities of the special negotiating body shall be borne by the central management.

2. the Central Board is required to provide premises, tangible measures, translators and Office staff and cover the necessary costs for travel, accommodation and Board members of the special negotiating body.

3. in the case of the use of the special negotiating body of expertise that the obligation to reimburse the cost is limited to one expert, unless the central management and the special negotiating body decides otherwise.

4. the members of the special negotiating body shall have the right to participate in the training necessary to perform their functions in an international environment, with due respect for the right to remuneration calculated in accordance with the rules governing the exemption from the work of a member of the Board of the factory trade union organization.

Article. 16. [mode work team] 1. The special negotiating body adopts resolutions by a simple majority, subject to paragraph 2. 2. in the case of a tie vote of members from the Member State with the largest number of employees.

2. the special negotiating body may, by a resolution by a majority of 2/3 votes, decide not to negotiate or at their end without an agreement. The special negotiating body shall inform the Management Board about the content of the Central immediately the resolution. In the case of this resolution shall not apply the provisions of Chapter 4.

3. A new application for the establishment of the special negotiating body may be submitted not earlier than after the expiry of two years from the resolution referred to in paragraph 1. 2, unless the Central Board and the special negotiating body shall determine a shorter term.



Chapter 3 of the agreement on the establishment of a European Works Council or finding out how to information and consultation Article. 17. [the negotiations to conclusion of the agreement] 1. The central management and the special negotiating body shall negotiate in a manner aimed at the conclusion of the agreement on the establishment of a European Works Council or finding out how to information and consultation of employees.

2. the Executive Board of the Central early provides the special negotiating data and materials necessary to complete the task by him.

Article. 18. [to determine ways of information and consultation of employees] 1. The central management and the special negotiating body may, by written agreement, establish one or more ways in which will take place to inform employees and consultation of workers, rather than the establishment of a European Works Council. The agreement lays down the rules meetings representatives of workers in order to exchange views on the provided information.

2. The agreement referred to in paragraph 1. 1, applies to all workers employed in the enterprise or Community-scale group of undertakings.

Article. 19. [Agreement] 1. Where the Management Board and the special negotiating body shall agree that it will be established by the European Works Council, the agreement specifies in particular: 1) the undertakings and establishments belonging to an undertaking or a Community-scale group of undertakings, which the agreement applies, including also located outside the territory of the Member States, if they have been covered by the agreement;

2) the composition of the European Works Council which reflects, as far as possible, a balanced representation of employees in terms of professional activity, category of worker and gender, and the number of members, the allocation of seats and the duration of the term of Office of the Council;

3) the powers of the European Works Council and its method of information and the conduct of the consultations;

3A) conditions binding information and consultation between the European Works Council and employees ' representatives at the national level, where national rules give to information and consultation;

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

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

6) the duration of the agreement and the procedure for its amendment, cases where the agreement this change, as well as the conditions under which the agreement may be amended or terminated, in particular with regard to the cases, when it comes to changes in the structure of the undertaking or Community-scale group of undertakings.

1a. The parties to the agreement may specify in the agreement the composition, appointment, task and principle of operation the Bureau created within the framework of the European Works Council.

1B. The conclusion of the agreement referred to in paragraph 1. 1, requires the written form.

2. The content of the agreement on the establishment of a European Works Council and the agreement on information and consultation does not apply the provisions of Chapter 4, unless the central management and the special negotiating body decides otherwise.

Article. 19A. [information and consultation] 1. If in the agreement referred to in article 2. 19, will not be binding conditions for the information and consultation between the European Works Council and employees ' representatives at the national level, and the Central Board will be planned to make a decision that could lead to substantial changes in work organisation or in labor relations, central management is obliged to: 1) for the information and consultation of the European Works Council on the proposed decision;

2) provide information on the proposed decision to the competent authorities of enterprises and establishments in Member States in order to implement the right of workers to information and consultation.

2. for the information and consultation referred to in paragraph 1. 1, point 2, to employees: 1) employed in Poland shall apply the law of 7 April 2006 on informing employees and consulting with them (Journal of laws No. 79, item. 550, as amended), and if your employer does not work the Council employees, information and consultation is carried out with the representatives of the selected in the mode adopted in a given employer;

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



Chapter 4 the establishment of a European Works Council Article. 20. [the application of the provisions of the Act] provisions of chapter shall apply where: 1) central management and the special negotiating body so decide, or 2) Central Board fails to take the negotiations within 6 months after the date of deposit by the staff of the application referred to in article 1. 6 paragraph 1. 2, or 3) to the conclusion of an agreement on the establishment of a European Works Council or finding out how to information and consultation of employees within 3 years from the date of the initiative by the Central Board or by employees of the application in accordance with article 4. 6 paragraph 1. 2. Article. 21. [the Council] 1. The European Works Council shall be composed of representatives of the employees in the territory of the Member States in undertaking or Community-scale group of undertakings.

2. the members of the European Works Council shall elect or appoint in proportion to the number of employees employed in each Member State in the Community-scale undertaking or Community-scale group of undertakings by granting one place to a group of employees employed in that Member State, representing 10% of the number of employees employed in all the Member States, or on the part of this group.

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

2. (repealed).


3. the Executive Board of the Central checks once every 2 years, or has changed the number of employees, of which depends on the distribution of seats in the European Works Council. In the event of such a change Central Board organize elections within its jurisdiction as defined in the Act or to qualified entities to appoint members. The date of designation or selection of new members shall terminate membership in the European Works Council members from the Member State concerned by the change.

4. To change the composition of the European Works Council, including representatives of workers from the new Member States or Member States covered by the agreement in accordance with article 5. 19 paragraph. 1 paragraph 1, covered by the scope of the activities of the undertaking or Community-scale group of undertakings, the provision in paragraph 1. 3 shall apply mutatis mutandis.

Article. 23. [selection and term of Office of the members] 1. Members of the European Works Council, representing workers in Poland, the number of referred to this Act or a law of another Member State, shall be appointed or elected as specified in the article. 8 or 9. The measures necessary for the designation or election of members of the European Works Council shall be for the period of 3 months from the provisions, referred to in article 2. 20, paragraph 1, or from the date of the expiry of the periods referred to in article 1. 20 paragraph 2 and 3.

2. the term of Office of the European Works Council lasts 4 years.

3. membership in the European Works Council shall cease in the cases referred to in article 1. 12 and 22 paragraph 1. 3. Article. 24. [notification of designated members of] the representative trade union organisations shall immediately notify the Board of the Central of designated members of the European Works Council. The Central Board shall forward such information to the competent authorities of enterprises and establishments and employment of these employees.

Article. 25. [organizational Meeting] 1. As soon as you have determined the composition of the European Works Council the Executive Board the Central Board shall convene a meeting of organizational, followed by the installation of a European Works Council. At the meeting of the European Works Council shall elect from their ranks a Chairman, appointed by the Bureau and shall adopt its internal rules of procedure.

2. (repealed).

3. The Presidium Chairman and not more than four members. The members of the Bureau should be employed in the various Member States.

Article. 26. (repealed).

Article. 27. [Council Resolutions] European Works Council adopts resolutions by a simple majority of votes of the members present, except in the case referred to in article 1. 16 paragraph. 2, when the European Works Council shall have the rights and obligations of the special negotiating body pursuant to article. 35 paragraph 1. 2. Article. 28. [Powers of the Council] 1. The European Works Council shall be empowered to obtain information and conduct consultations on the whole of the undertaking or Community-scale group of undertakings, or of at least two establishments or two companies located in different Member States.

2. In the case of an undertaking and a Community-scale group of undertakings whose central management is not established in the Member State, the European Works Council shall be empowered to obtain information and conduct consultations on all establishments or undertakings situated in Member States or at least two establishments or two companies located in different Member States.

Article. 29. [information and consultation] 1. The Central Board organize at least once a year a meeting of the European Works Council in order to provide information about the economic situation and development prospects of the undertaking or Community-scale group of undertakings and carry out consultations on the information.

2. the Central Board prepares to meet, a report on the economic situation and the development prospects of the undertaking or Community-scale group of undertakings.

3. Information and consultation shall cover in particular the considerations: 1) the structure of the undertaking or Community-scale group of undertakings;

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

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

4) make significant organizational changes;

5) the introduction of new working methods or production processes;

6) changing the location of the establishment or plant work or a substantial part of the undertaking or establishment and transfer of production to another establishment or undertaking;

7) joining and splitting of undertakings or businesses;

8) size limits or cessation of business of the undertaking or establishment or a substantial part of the undertaking or business;

9) collective redundancies.

3A. the Consultation should be carried out in such a way as to enable the European Works Council meeting with the Board and get answers and the reasons for each opinion delivered by the European Works Council.

4. the meeting of the Central Board shall notify at least 14 days before the date of the meeting subject to the boards of companies and establishments and members of the European Works Council.

Article. 30. [exceptional circumstances having a significant impact on the situation of the employees] 1. In the event of extraordinary circumstances having a significant impact on the situation of workers, in particular in the case of collective redundancies, changes the location of the establishment or plant work or a substantial part of the establishment or plant, as well as in the event of termination of activities of the enterprise or workplace, or a substantial part of the undertaking or establishment, the Central Board has a duty to notify the Bureau or the European Works Council.

2. On a proposal from the Bureau or the European Works Council, the Central Board or another Board level indicated by the applicant shall be entitled to make independent decision is required to meet with the Bureau or with the European Works Council in order to provide information or to hold consultations on matters of relevance for the interests of the employee. At the meeting of the Board or another Board level shall prepare a report.

3. The meeting referred to in paragraph 1. 2, organized, with the participation of the Bureau may participate, members of the European Works Council selected from establishments or plants work, which directly relate to the matter which is the subject of the information or consultation.

4. the meeting takes place as soon as possible. The Bureau or the European Works Council may submit its opinion on the report referred to in paragraph 1. 2, at the end of the meeting or within 14 days after its completion. Opinion should be dealt with by the Board of the appropriate level before deciding whose opinion applies.

Article. 31. [the meeting without the participation of the Board of Directors of the Central] the European Works Council or the Bureau may precede any meeting with the Central Management Board meeting without his participation. The meeting of the Bureau may participate, members of the European Works Council, referred to in article 1. 30 paragraph. 3. Article. 32. [transfer of workers with information and the results of the consultations] the members of the European Works Council shall inform the representatives of the employees in Community-scale undertakings or groups of undertakings, and, in the case of their absence, employees, of the content of information and the consultation results obtained in accordance with the provisions of this chapter.

Article. 32A. [responsibilities of the central in the case of the planned decision] 1. In the case of the planned decision likely to lead to substantial changes in work organisation or in labor relations the Central Board is obliged to: 1) for the information and consultation of the European Works Council on the proposed decision;

2) transfer of the local authorities with relevant information in order to implement the right of workers to information and consultation in these countries, where the planned decision is concerned.

2. for the information and consultation referred to in paragraph 1. 1, point 2, to employees: 1) employed in Poland shall apply the law of 7 April 2006 on informing employees and consulting with them, and if your employer does not work the Council employees, information and consultation is carried out with the representatives of the selected in the mode adopted in a given employer;

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 seek the assistance of experts of its choice, if this is necessary for the fulfilment of their tasks.

Article. 34. [the costs associated with the activities of the European Works Council] 1. The costs associated with the activities of the European Works Council, in particular the costs of organising meetings, accommodation, food and travel members, translation and training necessary for preserving the right to remuneration shall be borne by the central management unless the central management and the European Works Council agree otherwise.


2. the Management Board shall be central, in consultation with the European Works Council, the annual budget of the Council. If the budget has not been agreed by the end of the calendar year preceding the financial year in question, the Board of the Central fixed it myself, except that it should devote to the Council at least the amount resulting from the multiplication of the number of members of the Council by the height of the three-the average monthly salary from the last quarter of the year preceding the calendar year, as announced by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish".

Article. 35. [the negotiations to conclusion of the agreement] 1. The European Works Council after 4 years from the date of the Constitution to consider whether will begin with the management of the central negotiations with a view to the conclusion of the agreement referred to in section 3. The European Works Council shall express its views in the form of a resolution.

2. in the case of the resolution of the initiation of the negotiations the European Works Council shall have the rights and obligations of the special negotiating body.



Chapter 5 the prohibition of disclosure of information constituting secret company Article. 36. [protection of trade secret] 1. Members of the special negotiating body, the European Works Council, as well as representatives of the body representative of the employees in accordance with the agreement concluded on the basis of article. 18 and the experts and translators are required to disclose obtained in connection with its function of information constituting secret enterprises, for which the Central Board has restricted the obligation to maintain its confidentiality. The obligation to disclose the information obtained there is also after the cessation of duties, unless the Board of the Central otherwise specified period of validity.

2. the Central Board in particularly justified cases may not share employees ' representatives information the disclosure of which would, according to objective criteria seriously disrupt business activities, which relate to, or expose them to considerable damage.

3. in the case of recognition, that the claim of confidentiality of information or withholding does not comply with the provisions of paragraph 1. 1 or 2, the special negotiating body, the European Works Council and representatives of the body representative of the employees in accordance with the agreement concluded on the basis of article. 18, may apply to the District Court is a court with a request for exemption from the obligation to maintain the confidentiality of or order the provision of information.

4. in the cases referred to in paragraph 1. 3, shall apply mutatis mutandis the provisions of the code of civil procedure for resolving cases from the scope of the provisions on State-owned enterprises and local Government of the crew of the State enterprise, with the exception of art. 6911 § 2 and art. 6917. Judicial Capacity in these matters are: the special negotiating body, the European Works Council, the representatives of the body representative of the employees in accordance with the agreement concluded on the basis of article. 18 and the Board.

5. the Court shall, on a proposal from the Executive Board of the central or on its own initiative, may, by order, to the extent necessary to restrict the right to inspect the evidence annexed by the Central Board to the case during the court proceedings, if sharing this material would disclosure of trade secrets or other secrets to be protected under the provisions of the separate. On a court order restricting the right to inspect the evidence the complaint not entitled.

6. the provisions of paragraphs 1 and 2. 1-5 shall not affect the provisions on the protection of secrecy set out in legislation separate.



Chapter 6 of the protection of employees ' representatives Art. 37. [protection of employment of the members of the Council and of the team] 1. An employer may not terminate nor resolve employment relationship with the employee as a member of the special negotiating body or the European Works Council for the duration of the mandate, and in the period of the year when it expires without the consent of the employee, and trade union organization of the factory representative if the employee is not represented by any union organization works-without the consent of the labour inspector of the district locally competent for the registered office of the employer.

2. An employer may not unilaterally change working conditions or pay, to the detriment of the employee who is a member of the special negotiating body or the European Works Council for the duration of the mandate, and in the period of the year when it expires without the consent of the employee, and trade union organization of the factory representative if the employee is not represented by any union organization works-without the consent of the labour inspector of the district locally competent for the registered office of the employer.

3. a member of the special negotiating body or the European Works Council has the right to exemption from work in connection with the participation in the work of those bodies, with due respect for the right to remuneration calculated in accordance with the rules governing the exemption from the work of a member of the Board of the factory trade union organization.

4. the provisions of paragraphs 1 and 2. 1-3 shall apply mutatis mutandis to the representatives of workers in accordance with the agreement concluded on the basis of article. 18. Chapter 7 other applicable agreement on information and consultation of employees Article. 38. [exclusion of application of the provisions of the Act] 1. The provisions of this Act shall not apply to undertakings and Community-scale groups of undertakings in which before 22 September 1996 has been concluded an agreement to provide supranational information and consultation of employees by duration of the agreement, if the agreement covers all employees of the undertaking or Community-scale group of undertakings are employed in the Member States. Before the expiry of the term of an agreement concluded for a specified period may extend its validity for a specified period or be regarded as an agreement concluded for an indefinite period.

2. The agreement within the meaning of paragraph 1. 1 is also an agreement outside the territory of the Member States, if it satisfies the conditions laid down in that provision.

3. the provision of paragraph 1. 1 shall apply also in the case where an undertaking or Community-scale group of undertakings include a larger number of agreements, which meet the conditions laid down in that provision.

4. the Management Board shall forward to the competent Minister, Central for the work of the agreement referred to in paragraph 1. 1 and 3.



Chapter 8 penal legislation Article. 39. [obstructing the operation of the representatives of the employees] Who, as a member of the Board of directors or Board of a different level within the undertaking or Community-scale group of undertakings or representative in the Member State referred to in article 1. 1 paragraphs 1 and 2. 2, paragraph 2, or a person acting on its behalf: 1) prevents the creation of or hinders the operation of the special negotiating body, a European Works Council or the information and consultation of workers carried out in the mode prescribed agreement concluded on the basis of article. 18, 2) discriminate against a member of the special negotiating body, Member of the European Works Council or a representative representing the employees in accordance with the agreement concluded on the basis of article. 18 in connection with its function by him, shall be punishable by restriction of liberty or a fine.

Article. 40. [the proceedings in cases of offences] Proceedings in cases referred to in article 1. 39 takes place on the basis of the code of conduct in cases of misconduct. In these cases the public prosecutor is the labour inspector.



Chapter 9 Change in the provisions of the existing Article. 41. (omitted).



Chapter 10 final provision Article. 42. [entry into force] this Act comes into force on the day of the Republic of Poland, membership in the European Union.



Chapter 10 final provision Article. 42.1) this Act shall be made in respect of its implementation of the regulation the following directives of the European Communities: 1) of Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure for informing and consulting employees in undertakings or Community-scale groups of undertakings for the (OJ. EC-L 254 of 30.09.1994, p. 64, as amended. d.);

2) Directive 97/74/EC of 15 December 1997 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 informing and consulting employees in undertakings or Community-scale groups of undertakings for the (OJ. EC-L 10 of 16.01.1998, p. 22).

The data relating to the Declaration of the European Union, provided in this law-on the day of the Republic of Poland in the European Union membership-applies to the notice of those acts in the official journal of the European Union-Special Edition.

[1] Article. 8 paragraph 1. 5 in the version set out by art. 64 the law of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240). The change came into force on 11 September 2015.

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