Transposes To The Internal Legal Order The Directive No. 2003/72/ec Of 22 July 2003 Supplementing The Statute For A European Cooperative Society With Regard To The Involvement Of Employees

Original Language Title: Transpõe para a Ordem Jurídica Interna a Directiva n.º 2003/72/CE, do Conselho, de 22 de Julho de 2003, que completa o Estatuto da Sociedade Cooperativa Europeia no que respeita ao envolvimento dos trabalhadores

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1 PROPOSAL of law No. 147/X explanatory memorandum following Regulation (EC) No 1435/2003, of 22 July 2003 on the Statute for a European cooperative society (SCE), the directive no. 2003/72/EC of 22 July 2003, supplementing the Statute for a European cooperative society with regard to the involvement of employees, establishing specific provisions aimed at ensuring that the establishment of a European cooperative society does not lead to abolition or reduction of practices of employee involvement existing in the participating cooperatives in its Constitution. Through this Act the transposition into domestic law of Directive No. 2003/72/EC, which is applicable also to non-Member States of the European Union are signatories to the agreement on the European economic area, pursuant to decision of the EEA Joint Committee No 44/2004 of 23 April. The involvement of employees in European cooperative society may, without prejudice to the autonomy of the parties, be ensured through the establishment of a Council of workers, one or more information and consultation procedures or arrangements for employee participation. Having regard to the scheme of employee involvement, the European cooperative society is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings is not, as a rule, subject to the establishment of a European Works Council or an information and consultation procedure.

In these terms, in the context of transnational agreements provisions, applicable in the case of formation of a European cooperative society whose draft foresees that its headquarters will be located in the national territory, the following rules concerning the procedure of negotiations aimed at an agreement on the involvement of employees, this agreement, as well as cases and mandatory from a given institution arrangements for the involvement of employees. Under the national provisions applicable to cooperative societies, its subsidiaries and establishments situated in the national territory, as well as to 2 representatives of the employees, this law regulates the designation or election of workers ' representatives who are members of the special negotiating body, the Council of workers or of the administrative or supervisory body of a European cooperative society by establishing yet the corresponding special labour protection regime. Finally, it is established the administrative arrangements concerning the violations of the provisions relating to the involvement of employees in the European cooperative society activities. The project corresponding to this law was published, for public appreciation, in the reprint of the labour and Employment Bulletin, no. 4, January 16 2006. Following the opinions of representative organizations of workers and employers, establishes that the agreement establishing the arrangements for information and consultation set differently the financial and material resources to be provided by the European cooperative society to the Council of workers, clarifies that payment of the cost of the expert of the Council of workers also applies when this structure works in restricted Council , better the special protection regime of the representatives of the workers who are members of the administrative or supervisory body of the society and needs if the alleged infringement by breach of the duty to ensure that information and consultation meetings between directors or directors of the company and the workers ' Council. Were heard the Government organs of the autonomous regions. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law transposes to the internal legal order the directive no. 2003/72/EC of 22 July 2003 supplementing the Statute for a European cooperative society with regard to the involvement of employees. Article 2 Scope 1-3 the involvement of employees in the European cooperative society activities is ensured through the establishment of a Council of workers, one or more information and consultation procedures or of employee-participation schemes, as provided for in this Act. 2-the Council of workers and procedures for information and consultation shall include the subsidiaries and establishments of the European cooperative society.

Article 3 1-Community-scale undertaking the European cooperative society is a Community-scale undertaking or a controlling undertaking of a Community-scale group of undertakings, pursuant to paragraph 1 of article 472.º and article 473.º of the labour code, is not subject to the establishment of a European Works Council or an information and consultation procedure. 2-the provisions of the preceding paragraph shall not apply if the special negotiating body to decide, under the conditions laid down in this Act, do not start or end the negotiations that are under way.

Article 4 definitions for the purposes of this law: (a) ' workers ' Council), the structure of workers ' representation of the European cooperative society, of their subsidiaries and establishments situated in the European economic area, established in accordance with this law with the purpose of informing and consulting workers represented, as well as, where applicable, of exercising participation rights in relation to the mentioned company; 4 b) ' consultation ' means the procedure, from information provided by the European cooperative society to the Council of workers, or workers ' representatives under the information and consultation procedure, consists of the joint assessment of the materials and information provided in time, and with such content to allow workers ' representatives to issue an opinion on the measures to be taken by the competent organ of the society which can be taken into account in the decision; c) "involvement of employees» means the procedure, including information, consultation and participation, through which employees ' representatives may exercise an influence on decisions of the European cooperative society; d) ' Subsidiary ' means a legal person or participant of a European cooperative society, an undertaking over which that legal entity or European cooperative society has dominant influence within the meaning of article 473.º of the labour code; and subsidiary or establishment concerned) «» the subsidiary or establishment of a participating legal entity which, according to the draft Constitution of the European cooperative society, to become a subsidiary or establishment; f) "special negotiating body" means the body established by representatives of the employees of the participating legal entities, their subsidiaries and establishments concerned, pursuant to this law, in order to deal with legal persons participants the involvement of employees in European cooperative societies constitute; g) ' information ' the information provided by the European cooperative society to the Council of workers, or workers ' representatives in the framework of an information and consultation procedure, on matters affecting the society together and one or more subsidiaries or establishments situated in another Member State or which exceed the powers of direction of one or more subsidiaries or establishments, carried out in time so and such content to allow workers ' representatives to undertake an in-depth analysis of its impact and, where appropriate, prepare consultations with the competent organ of the society; 5:00) «Participation» procedure whereby the representatives of the employees shall elect, elect, recommend or oppose the appointment of members of the administrative or supervisory body of a European cooperative society; I) ' participant ' legal person the cooperative or other legal person governed by public or private law who take part in the Constitution of a European cooperative society; j) «quantitative Reduction of workers ' participation rights, which implies that the proportion of the members of the European cooperative society referred to participation is lower than the highest proportion of members of the organs of the participating legal entities to which the participation relation; l) ' European cooperative society», lodged pursuant to Regulation (EC) No 1435/2003 of 22 July, on the Statute for a European cooperative society, and other applicable legislation.

CHAPTER II Provisions and transnational agreements SECTION I scope article 5 scope of the provisions and cross-border agreements


1-the provisions of this chapter shall apply in case of establishment of a European cooperative society whose draft foresees that its headquarters will be located in the national territory: a) to legal persons participating in the Constitution; b) to European cooperative society; c) To subsidiaries and establishments of the participating legal entities and the European cooperative society, since in the European economic area. 6 2-the agreement on the establishment of a workers ' Council or an information and consultation procedure, concluded in conformity with the legislation of another Member State in whose territory the headquarters of the European cooperative society, obliges the subsidiaries and establishments situated in the national territory and its workers.

SECTION II European cooperative society constituted by legal persons, including by merger or by processing subsection I negotiations Procedure article 6 establishment of the special negotiating body 1-legal persons participating, after they decide to establish a European cooperative society, shall take the necessary measures to begin the establishment of the special negotiating body, providing inter alia the following information: a) Identification of legal persons participating , its subsidiaries and establishments concerned; b) number of employees of legal persons, branches and establishments referred to in the preceding paragraph. 2-the information provided for in paragraph 1 shall be provided: a) workers ' representatives participate in the designation or election of members of the special negotiating body, in accordance with the laws of the Member States in whose territories are legal persons participating, their subsidiaries and establishments concerned; b) to employees of legal persons participants, subsidiaries and establishments concerned, in cases where, in accordance with the laws of the Member States in whose territory the same is located, the employees ' representatives do not participate in the designation or election of members of the special negotiating body.

7 article 7 composition of the special negotiating body 1-the special negotiating body shall be composed of representatives of the employees of the participating legal entities, their subsidiaries and establishments concerned, employees in each Member State, corresponding to each of these a representative for each 10% or fraction of the total number of employees employed in all the Member States. 2-in the case of a European cooperative society to form by melting, the special negotiating body has so many additional members as required to ensure, in respect of each Member State, a representative of the workers of each cooperative participant with workers in this State and which terminates with the merger. 3-the provisions of the preceding paragraph shall not apply in respect of legal persons belonging to other participants with other members of the special negotiating body. 4-additional members provided for in paragraph 2 may not exceed 20% of the number of members resulting from the application of paragraph 1. 5-If the participating cooperatives provided for in paragraph 2 are superior in number to the total additional members determined in accordance with the preceding paragraph, these are provided, in descending order, by representatives of employing more workers. 6-the workers of cooperatives for which additional members are indicated in accordance with paragraphs 2 to 5 are not represented by the members appointed on the basis of paragraph 1. 7-the election or appointment of members of the special negotiating body is governed by the laws of the Member States in whose territory they work workers represented.

8 article 8 1 Negotiations-legal persons participating must take the initiative to negotiate with workers ' representatives the arrangements for the involvement of employees in European cooperative society to be. 2-the negotiation begins as soon as the special negotiating body is constituted. 3-the special negotiating body shall have the right to meet immediately before any meeting of negotiations.

Article 9 Obligations of the legal person participant with headquarters in national territory and greater number of workers to end legal person with headquarters in national territory and greater number of employees must: a) Determine the total number of members of the special negotiating body and the Member States in which they are to be elected or appointed, having regard to the numbers of employees of the participating legal entities , its subsidiaries and establishments concerned and the criteria laid down in article 7; b) score a reasonable period from the notification provided for in point (d)), to the election or appointment of members of the special negotiating body from each Member State, taking into account the conditions of employment; c) Inform the special negotiating body on the draft Constitution of the European cooperative society and its development, until the registration thereof; d) Inform the other participating legal entities and the entities referred to in paragraph 2 of article 6 of the total number of members of the special negotiating body and the Member States in which they are to be elected or appointed.

9 Article 10 calculation of the number of employees for the purposes of the Constitution and functioning of the special negotiating body, the number of employees of the participating legal entities and their subsidiaries and establishments concerned is determined at the date of preparation of the draft Constitution of the European cooperative society.

Article 11 deliberations of the special negotiating body 1-each Member of the special negotiating body shall have one vote. 2-the deliberations of the special negotiating body shall be adopted by an absolute majority of votes, since that match the members representing the majority of workers. 3-in the case of an agreement involving the quantitative reduction of employee participation in the administrative or supervisory bodies of legal persons participating, the resolution of the special negotiating body that approves must be adopted by two thirds of the members, which represent two-thirds of workers and also represent employees in at least two Member States, in the following cases : the establishment of a cooperative society) by merger, if any in the participating cooperatives whose rights of participation covering at least 25% of their workers; b) establishment of a European cooperative society by any other way, if there is in the legal rights of participation participants covering at least 50% of their workers. 4-for the purposes of the preceding paragraphs and without prejudice to the following paragraphs, each Member of the special negotiating body representing employees of the legal person member of that is coming from. 10 5-If, in a Member State, a legal entity, subsidiary or establishment of the legal person participant based in another State, it's not from any member of the special negotiating body, the representation of their workers is attributed, in equal parts, to the members from that State. 6-If, in a Member State, two or more members of the special negotiating body from the same legal person participant, the representation of their workers is attributed, in equal parts, to those members. 7-the minutes of the meeting at which any negotiating position is adopted in the special negotiating body shall indicate, in particular, the elements that satisfy the requirements of paragraphs 2 to 6.

Article 12 Experts 1-the special negotiating body may be assisted by experts of its choice. 2-the experts may be present at negotiation meetings, without the right to vote, where the special negotiating body the acts.

Article 13 information and good faith in the course of trading 1-the parties must meet in the negotiation process, the principle of good faith, in particular responding to the maximum as soon as possible the proposals and counterproposals and observing, if any, negotiating protocol. 2-each Party shall, to the extent that it does not work prejudice to the defence of their interests, provide the other elements or information she so requests. 3-the special negotiating body may inform the structures of collective representation of the workers of the beginning and evolution of the negotiations and their outcome.

11 article 14 Duration of trading 1-the negotiation takes place during the maximum period of six months from the date of communication to legal entities participating in the establishment of the special negotiating body. 2-by agreement between the parties, the period referred to in the preceding paragraph may be extended up to six months.

Article 15 Term of trading


1-the special negotiating body may decide not to start or finish the negotiation that is ongoing. 2-the decision referred to in paragraph 1 shall be adopted by two thirds of the members representing two-thirds of workers and also represent employees in at least two Member States. 3-the provisions of paragraph 1 shall not apply in the case of a European cooperative society established by transformation of a cooperative where there is a system of employee participation.

SUBSECTION II agreement on the involvement of employees article 16 content and form of agreement 1-Without prejudice to the autonomy of the parties and the provisions of articles following the agreement on the involvement of workers identifies the European cooperative society to which it applies and covers: a) the date of entry into force and the duration of the agreement; (b) a European cooperative society) and their subsidiaries and establishments covered by the agreement; c) the arrangements for the involvement of employees; 12 d) situations where the agreement should be reviewed, in particular in case of a change in the number of workers that affect the number or distribution of the members of the Board of workers or the distribution of the members of the administrative or supervisory body of a European cooperative society, workers or their representatives, may appoint, elect, recommend or whose appointment can oppose; and) the process of review of the agreement. 2-in the case of a European cooperative society established by transformation of a cooperative where there is a system of employee participation, the agreement should establish a regime at least identical to the previous one. 3-the agreement referred to in paragraph 1 shall be concluded in writing.

Article 17 establishment of a system of information and consultation 1-the agreement establishing the arrangements for information and consultation through a workers ' Council regulates: a) the composition of the Board, the number and distribution of its members, as well as the duration of the mandates; b) information and consultation rights of the Board and the corresponding procedures; c) the frequency of meetings of the Council; d) The financial and material resources to be allocated to the Council. 2-the agreement establishing one or more information and consultation procedures regulating the corresponding implementing rules.

Article 18 establishment of participation the agreement establishing a system of employee participation regulates its fundamental elements, namely: a) the number of members of the administrative or supervisory body of a European cooperative society that workers or their representatives may appoint, elect, recommend or whose appointment can oppose; 13 (b)) the procedure applicable for the purposes of the preceding paragraph.

Article 19 Communications required 1-the management organ or the administration of the European cooperative society must mail a copy of the agreement to the Ministry responsible for labour area. 2-the Council of workers should inform the Ministry responsible for labour area of the identity of its members and of the countries of origin. 3-the provisions of the preceding paragraph shall apply to employees ' representatives in the information and consultation procedure, if any. 4-the preceding paragraphs shall apply in the case of review of the agreement and amendment of the members of the Board of workers or employees ' representatives under the information and consultation procedure.

SUBSECTION III compulsory Institution of a system of employee involvement Division I General provisions article 20 mandatory 1-Institution is set up a system of information and consultation, through a Council of workers, regulated in this subsection, if there is no agreement at the end of the period of duration of the negotiation, without the special negotiating body has acted not start or finish the negotiation that is ongoing. 2-in the case referred to in the preceding paragraph, the participating authorities wishing to promote the registration of the European cooperative society must declare that they accept the system of information and consultation through a workers Council. 3-Notwithstanding the preceding paragraphs, it is still applicable in articles 29 to 32, on the participation of employees in the European cooperative society, in the following cases: 14 the) Constitution of a European cooperative society by transformation, if there is participation in the cooperative that turns; b) establishment of a European cooperative society by merger, if there is participation in one or more cooperatives covering at least 25% of employees in all the participating cooperatives, or less than 25% of the workers and the special negotiating body to decide that you want to the application of that procedure; c) Constitution of a European cooperative society by any other way, if participation in one or more of the participating legal entities covering at least half of the workers of all the participating legal entities, or less than half of the workers and the special negotiating body to decide that you want to the application of that procedure. 4-in the cases referred to in paragraph 1 (b)) and c) of the preceding paragraph, if there are different modalities of participation in legal persons participating, the special negotiating body must choose which applies to European cooperative society. 5-If the special negotiating body does not carry out the choice referred to in the preceding paragraph, shall apply to the European cooperative society participation mode covering the largest number of employees in participating legal entities. 6-the resolution of the special negotiating body in the direction you want the application of the system of participation, in accordance with point (b)) or c) of paragraph 3, as well as, where appropriate, the choice of the mode of participation which applies to European cooperative society should be adopted in 15 days after the end of trading. 7-the special negotiating body shall inform the persons participating in the decision referred to in the preceding paragraph.

DIVISION II Council of 15 workers article 21 1 workers Council-the number of members of the Board of workers is determined on the basis of the percentage of workers employed in each Member State, in relation to the total number of employees of the European cooperative society, its subsidiaries and establishments, by assigning a delegate for each 10% of all workers or fraction. 2-the number of members should be reviewed at the end of each term, taking into account any changes, in accordance with the criteria laid down in the preceding paragraph. 3-European cooperative society shall apply, mutatis mutandis, the provisions of article 9 article 22 1 workers Council members-the members of the Board of workers must be employees of the European cooperative society, its subsidiaries or establishments. 2-the designation or election of members of the Board of workers is regulated by the laws of the Member States in whose territory they work workers represented. 3-the Council of workers must communicate the identity of the respective members of the administrative or management body of the European cooperative society. 4-the term of Office of the members of the Board of workers has the duration of four years.

Article 23-1 Operation the Council workers who have 12 or more members should establish a restricted Council comprised no more than three members, elected from among themselves. 2-the workers ' Council shall adopt its rules of procedure. 3-before any meeting with the Director of management or administration of the European cooperative society, the workers ' Council or the Council has restricted the right to meet without the presence of that. 16 4-Can participate in the meetings of the Council restricted workers ' Council members representing the workers of subsidiaries or establishments directly affected by the measures. 5-the Council of workers and the restricted Council may be assisted by experts of its choice, whenever they consider it necessary for the performance of their duties.

Article 24 of Council workers Rights 1-rights of the Council of workers cover the matters affecting the European cooperative society jointly and one or more subsidiaries or establishments situated in another Member State or which exceed the powers of direction of one or more subsidiaries or establishments. 2-the Council of workers have the right to be informed and consulted in writing by the management organ or European cooperative society Administration on the progress and prospects of activities of this, as well as its subsidiaries and establishments referred to in the preceding paragraph. 3-the management organ shall report to the Council administration or of workers on the agenda of its meetings and provide copies of the documents that are submitted to the General Assembly of the European cooperative society.

Article 25 Annual Report


1-the management organ or European cooperative society administration shall submit to the Council a detailed annual report workers and documented on the progress and prospects of activities of this, as well as its subsidiaries and establishments referred to in paragraph 1 of the preceding article. 17 2-the report shall contain information on the structure of the European cooperative society, subsidiaries and establishments, the economic and financial situation, the probable development of the activities of production and sales, initiatives related to corporate social responsibility, the situation and foreseeable developments of employment, investment, the most important changes relating to the organisation, working methods or production processes , transfers of production, mergers, downsizing or closure of the company, subsidiaries or establishments or important parts of establishments and collective redundancies.

Article 26 meetings with the management organ or management 1-After the submission of the report referred to in the previous article, the workers have the right to meet with the management body or European cooperative society administration, for the purposes of informing and consulting. 2-the meeting referred to in paragraph 1 takes place one month after the presentation of the annual report, unless the Board of directors or directors accept a shorter time limit. 3-the management body or administration shall inform the directions of branches or establishments in the information and consultation of workers Council pursuant to the preceding paragraphs.

Article 27 information and consultation in exceptional situations 1-the Council of workers have the right to be informed in writing about any matters affecting the interests of workers, in particular the change in facilities involving transfers of workplaces, the closure of the European cooperative society, their subsidiaries or establishments and the mass redundancy. 18 2-the Council of workers or, if it so decides in particular for reasons of urgency, the Council restricted has the right to meet, at its request, with the Director of management or administration, or another level of the society more suitable with the competence to make decisions in order to be informed and consulted on measures significantly affecting employees ' interests. 3-the meeting should take place as soon as possible. 4-If the meeting takes place with the restricted Council, have the right to participate in the members of the Council workers who represent the employees of the establishments or companies directly affected by the measures. 5-If the direction likely decision of the management organ or management differs from the opinion of the Council of workers, this has the right to gather again with that body with a view to reaching an agreement.

Article 28 information from local members of the workers Council shall inform the representatives of the employees of the European cooperative society and its subsidiaries and establishments or, failing this, the workers on the information received and the results of the consultations.

DIVISION III participation of workers article 29 compulsory Schemes 1-European cooperative society established by transformation applies the scheme of the Member State that applied to society processed concerning employee participation in the administrative or supervisory bodies. 19 2-European cooperative society established by any other way is applicable, as well as to its subsidiaries and establishments, the regime of any Member State that applies to a legal person and allowing workers ' representatives, or these, nominate, elect, recommend or oppose the appointment of members of the administrative or supervisory body, in highest proportion.

Article 30 distribution of places 1-the Council of workers must decide, taking into account the proportion of the European Cooperative Society workers employed in each Member State, on:) the distribution of places in the Board of directors or supervision by the members representing the employees from the various Member States; (b)) the way the employees of the European cooperative society may recommend or reject members of the administrative or supervisory bodies. 2, in accordance with the criteria referred to in point (a)) of the preceding paragraph, there are one or more Member States in which there are workers who do not have representatives in the administrative or supervisory bodies, the Council of workers must assign a place to each of those States, within the limits allowed for the possibility of applying the provisions of paragraph 4. 3-If the Member State in whose territory the will is located the headquarters of the European cooperative society does not match a place of the administrative or supervisory bodies, in accordance with the criteria referred to in point (a)) of paragraph 1, the Council should assign priority workers a place to that State, based on the provisions of the preceding paragraph. 4-the number of seats allocated in accordance with paragraphs 2 and 3 must be subtracted to the Member States which would fit more than one place, and in reverse order of the number of workers employed in those States.

20 article 31 designation or election of members 1-the designation or election of members representing employees employed in each Member State to the place of the administrative or supervisory body of a European cooperative society is governed by the national legislation of each State. 2-in the absence of national legislation referred to in the preceding paragraph, the workers ' Council must decide on the mode of designation or election of the Member from that State.

Article 32 of the Statute of workers representatives members the members of the administrative or supervisory bodies that represent workers employed in each Member State shall have the same rights and obligations as the members representing the members of the cooperative, including the right to vote.

SECTION III European cooperative society formed by natural or legal persons and natural persons article 33 employee involvement in smaller society 1-the involvement of employees in European cooperative society formed by natural or legal persons and natural persons, who employ less than 50 workers, or 50 or more workers in one Member State , shall be governed: a) On the European cooperative society, by the legislation of the Member State in which this applicable to entities of the same type; b) in its subsidiaries and establishments, by the law of the Member State in which they are located and which is applicable to entities of the same type. 21 2-In case of moving to another Member State of the European cooperative society referred to in paragraph 1 and covered by a system of employee participation, applies a system of participation at least equivalent.

Article 34 employee involvement in larger society the involvement of employees in European cooperative society formed by natural or legal persons and natural persons, who employ at least 50 employees in each february 1 Member States, is governed by articles 5 to 32 article 35 amendment to the arrangements for the involvement of employees 1-after registration European cooperative society formed by natural or legal persons and natural persons, who employ less than 50 workers initially or 50 or more workers in one Member State shall be subject to the provisions of articles 5 to 32 in the following situations: a) If at least one third of the employees of the company, its subsidiaries and establishments working in at least two Member States so request; b) If the total staff of the company, its subsidiaries and establishments to be at least 50 on each february 1 Member States. 2-for the purposes of applying Articles 5 to 32 in the situations referred to in the preceding paragraph, it is considered "legal person" participant to European cooperative society and "subsidiaries and establishments concerned" subsidiaries and establishments of the European cooperative society.

SECTION IV common provisions article 36 22 relationship between European cooperative society and the employees ' representatives the European cooperative society, the members of the special negotiating body, the Council of workers and workers ' representatives in the framework of an information and consultation procedure should cooperate and act in good faith in the exercise of rights and in the fulfilment of their duties.

Article 37 obligation to reserve and confidentiality the information provided to the members of the special negotiating body, the Council of workers, workers ' representatives in the framework of an information and consultation procedure and their experts, the breach of the duty of confidentiality, the non-provision of information, as well as the justification and judicial review of confidentiality or the refusal to provide information are regulated by articles 458.º to 460.º of the labour code.

Article 38 financial and material Resources


1-The legal entities participating in the establishment of a European cooperative society must: a) Pay the costs of operation of the special negotiating body, so that it can properly carry out their duties; b) allow the special negotiating body the material means necessary for the performance of their mission, including facilities and information posting locations; c) Pay the expenses of at least one expert of special negotiating body. 2-the European cooperative society must, without prejudice to the provisions of the agreement establishing the arrangements for information and consultation: the 23) Provide the members of the Board of workers of the necessary financial resources to its operating costs and the restricted Council, if one exists; (b) Provide to the Council of workers) the material means necessary for the performance of their mission, including facilities and information posting locations; c) Pay the expenses of at least one expert workers Council or of the Council. 3-operating expenditure referred to in the preceding paragraphs include provisions relating to the organisation of meetings, as well as translations, stays and travel and even retribution of an expert. 4-the provisions of the preceding paragraph, except with regard to the consideration of an expert, can be regulated differently by agreement between the Council and the Board of management or administration. 5-The travel and subsistence expenses may be paid based on the system of missions of the institutions or companies in which the representatives of the workers and, for the costs of the expert, the conditions of employment of members coming from the same Member State. 6-the application of the criterion referred to in paragraph 1 may not result in a payment of travel and subsistence expenses of the members of the special negotiating body or the European Works Council less favourable than the other. 7-expenses for each Member of the special negotiating body shall be paid by the end of the legal person which or whose subsidiary or establishment the same is coming from. 8-legal persons participants pay the costs of an expert, in proportion to the number of employees. 9-member of the special negotiating body who is not from any legal person participant, subsidiary or establishment are paid by these entities since for workers he represented, in proportion to the number of these.

24 Article 39 New 1-trading Within two years after the decision of the special negotiating body not to start or finish the ongoing negotiation, there must be new negotiations provided that it is requested by at least 10% of the employees of the European cooperative society, its subsidiaries and establishments, or their representatives. 2-the Council of workers, after four years of its mandatory institution may propose negotiations on arrangements for the involvement of employees in the company. 3-the negotiation can take place before the expiry of the periods laid down in paragraphs 1 and 2 by agreement with the society. 4-the number of employees referred to in paragraph 1 shall be determined with reference to the time of the request. 5-for the purposes of the negotiation referred to in paragraph 1, to the establishment and composition of the special negotiating body shall apply the provisions of articles 6 and 7 6-If the negotiations developed pursuant to paragraph 1 does not lead to agreement, shall not apply the provisions of articles 20 to 32 7-the negotiation referred to in paragraph 2 is developed by the Council of workers and shall be governed by the provisions of articles 11 to 19-8 In case of agreement resulting from the negotiation provided for in the preceding paragraph, the provisions on compulsory institution workers Council cease to apply from the time of application of the arrangements for the involvement of employees covered by the agreement.

CHAPTER III national provisions article 40 Under the provisions of this chapter are applicable to cooperative societies, its subsidiaries and establishments situated in the national territory, as well as the representatives of the employees. 25 article 41 designation or election of workers ' representatives 1-members of the special negotiating body, the Council of workers, workers ' representatives under the information and consultation procedure and the members of the administrative or supervisory bodies for a European cooperative society, representing the employees in the national territory are appointed or elected in accordance with the following articles. 2-The entities that proceed to the designation and the proponents of lists for the election of the representatives referred to in paragraph 1 must comply with the right to equality and non-discrimination and, in particular, promote the balance between members of both sexes.

Article 42 designation or election of members of the special negotiating body 1-the designation or election of members of the special negotiating body shall ensure that there is one member from each participating legal entity established in the national territory or, if impracticable, employing a greater number of workers. 2-Can be a member of the special negotiating body a representative of workers Union associate corporate participants, subsidiaries or establishments concerned, regardless of whether these worker. 3-the members of the special negotiating body shall be designated: a) If, in the national territory, only a legal person participant or branch, by agreement between the Committee of workers and trade union associations, or by the workers if there is no trade union associations; b) If, in the national territory, two or more legal persons or branches, by agreement between the respective committees of workers and trade union associations, or between the committees of workers if there is no trade union associations; 26 c) in the case of be, in national territory, one or more of the participating legal entities or subsidiaries and one or more other legal person participating institutions or branch, by agreement between the respective committees of workers and the unions, which represent at least the workers of these establishments; d) by agreement between the unions which together represent at least two thirds of the employees of the participating legal entities, subsidiaries and establishments in the national territory; and) by agreement between the unions representing each, 5% of the employees of the participating legal entities, subsidiaries and establishments existing in national territory, if the check provided for in preceding paragraph. 4 just unions representing at least 5% of the employees of the participating legal entities, subsidiaries and establishments in the country can participate in the designation of employees ' representatives, without prejudice to the next paragraph. 5-The unions which together represent at least 5% of the employees of the participating legal entities, subsidiaries and establishments existing in national territory may appoint one of them to participate in the designation of employees ' representatives. 6-the members of the special negotiating body are elected by direct and secret ballot from among candidates presented by at least 100 or 10% of employees of the participating legal entities, subsidiaries and establishments interested in the national territory, in the following situations: a) if there is no place to its designation pursuant to the preceding paragraphs; b) where at least one-third of the workers of the participating legal entities, subsidiaries and establishments requires it. 7-the invocation of the Electoral Act, the nominations, the polling stations, the voting, the establishment and the advertising of the outcome of the election, as well as the control of legality of same, are governed by the rules applicable to the European Works Council. 8-the designation or election of members of the special negotiating body must be accompanied by the indication of the number of employees that each represents. 27 article 43 designation or election of members of the Board of workers


1-members of the Council of workers are designated: a) If, in the national territory, only the European cooperative society, by agreement between the Committee of workers and trade union associations, or by the workers if there is no trade union associations; b) If, in the national territory, the European cooperative society and one or more subsidiaries, by agreement between the respective committees of workers and trade union associations, or between the committees of workers if there is no trade union associations; c) If, in the national territory, the European cooperative society, one or more subsidiaries and one or more establishments, by agreement between the respective committees of workers and the unions, which represent at least the workers of these establishments; d) by agreement between the unions which together represent at least two thirds of the employees of the European cooperative society, its subsidiaries and establishments; and) by agreement between the unions representing each, 5% of the employees of the European cooperative society, its subsidiaries and establishments, in case you didn't check the agreement referred to in the preceding paragraph. 2-the designation of the members of the Board of workers applies the provisions of paragraphs 2 and 3 of the previous article. 3-the members of the workers Council are elected by direct and secret ballot from among candidates presented by at least 100 or 10% of the employees of the European cooperative society, its subsidiaries and establishments in national territory if a case does not proceed to the designation pursuant to the preceding paragraphs. 28 4-convening of the Electoral Act, the nominations, the polling stations, the voting, the establishment and the advertising of the outcome of the election, as well as the control of legality of same, are governed by the rules applicable to the European Works Council.

Article 44 designation or election of workers ' representatives in the framework of an information and consultation procedure for the designation or election of workers ' representatives in the framework of an information and consultation procedure shall apply the provisions of the previous article.

Article 45 designation or election of members of the administrative or supervisory bodies to the designation or election of members representing the workers to the place of the administrative or supervisory body of a European cooperative society shall apply the provisions of article 42, mutatis mutandis.

Article 46 Duration of the mandate Except stipulation to the contrary, the term of Office of the members of the Council and of the representatives of workers in the framework of an information and consultation procedure lasts for four years.

Article 47 Special Protection of workers ' representatives 1-members of the special negotiating body, the Council of workers, workers ' representatives in the framework of an information and consultation procedure and employee representatives in the administrative or supervisory bodies have, in particular, right: a) the monthly hours credit for the performance of their functions as members of Committee of workers; 29 (b)) the time credit repaid necessary to participate at meetings with the European cooperative society, in meetings of the Board of directors or supervisory board and in preparatory meetings, including the time spent on journeys; c) justification of absences in the performance of their duties which exceed the credit hours laid down in the labour code for the members of the structures of collective representation of workers; d) the disciplinary measures, dismissal and transfer, in accordance with the labour code for the members of the structures of collective representation of workers. 2-members of the special negotiating body only benefit from the arrangements provided for in paragraph 1 if they are employees of a participating entity, its subsidiaries or establishments concerned. 3-no place credit accumulation of hours that the employee belong to more of a collective representation of the workers. 4-the representatives of the workers who are members of the administrative or supervisory body of the European cooperative society are entitled to consideration of periods of absence necessary for the performance of their functions.

Article 48 calculation of the number of persons employed part-time workers are considered for the purposes of calculating the number of employees, regardless of the length of your normal work period.

CHAPTER IV Responsibility for offences article 49 general scheme 1-the general scheme provided for in articles 614.º to 640.º of the labour code applies to offences arising from the violation of this law. 2-in the application of this law to the autonomous regions are taken into account the legal powers granted to the respective agencies and regional services. 30 Article 50 administrative offences in particular 1-Is very serious infraction violation of article 6, article 9 of the agreement to establish a workers ' Council or one or more information and consultation procedures at the concerning information and consultation rights and of meeting, of paragraphs 1 and 3 of article 20, in articles 24 and 25 , of paragraphs 1 and 2 of article 26, paragraphs 1 and 2 of article 27 and of paragraphs 1 and 2 of article 38 2-serious infraction Is violation of paragraphs 1 and 2 of article 8, of paragraph 2 of article 12 of the agreement to establish a workers ' Council or one or more information and consultation procedures in the case of financial and material resources and of paragraphs 3 to 5 of article 27 3-light infraction Is violation of paragraph 1 of article 19 Seen and approved by the Council of Ministers of June 1 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency