Key Benefits:
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PROPOSED LAW NO. 147 /X
Exhibition of Motives
In the wake of Council Regulation (EC) No 1435/2003 of July 22,
on the status of the European cooperative society (SCE), Directive n.
2003 /72/CE, of the Council of July 22, 2003, complete the status of the Society
European cooperative with regard to the involvement of employees, establishing
specific provisions with a view to ensuring that the constitution of a society
European cooperative does not lead to the abolition or reduction of the practices of involvement
of the existing employees in the participating cooperatives in their constitution.
Through this Law, the transposition to the internal legal order of the
said Directive No 2003 /72/CE, which is also applicable to non-Member States
of the European Union that are signatories to the Agreement on the European Economic Area,
in the terms of the Decision of the EEA Joint Committee No 44/2004 of April 23.
The involvement of employees in the activities of the European cooperative society
may, without prejudice to the autonomy of the parties, be secured through the institution of a
board of employees, of one or more information and consultation procedures or
a scheme for the participation of workers. Taking into account this regime of
involvement of employees, the European cooperative society wants to be a
company of a community dimension or a company that exercises control of a group
of companies of a Community dimension is not, as a rule, subject to the institution of a
European company council or a procedure for information and consultation.
In these terms, within the framework of transnational provisions and agreements, applicable in case
of the constitution of a European cooperative society whose project provides that the
respective headquarters will be located in national territory, the rules establish
relating to the procedure of negotiations for an agreement on engagement
of the employees, to that same agreement, as well as the cases and modes of institution
compulsory from a particular regime of employee engagement. In the framework
of the provisions of a national character, applicable to European cooperative societies,
its subsidiaries and establishments located in national territory, as well as to the
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representatives of the respective employees, the present law regulates the modes of
designation or election of the representatives of the employees who are members of the
special negotiating group, of the council of workers or of the organ of
administration or surveillance of the European cooperative society, further establishing the
corresponding special labour protection regime. Finally, it is established the
counter-ordinational regime relating to the violation of the provisions relating to the regime of the
involvement of employees in the activities of the European cooperative society.
The project corresponding to this Law has been published, for public appreciation, in the
separates from the Bulletin of Labour and Employment , paragraph 4, of January 16, 2006. In the
sequence of the opinions of representative organizations of workers and of
employers, it is established that the agreement establishing the information regime and
query to regulate differently the financial and material resources to be provided by the
european cooperative society to the council of workers, it is clarified that the
payment of the expenses of the expert of the council of workers also applies
when this structure works on restricted advice, the regime is better formulated.
special protection of representatives of employees who are members of the organ
of administration or supervision of the society and need to counter-ordinate by
non-compliance with the duty to ensure information meetings and consultation between the
direction or administration of the society and the board of employees.
The self-governing bodies of the Autonomous Regions were heard.
Thus:
Under the terms of the paragraph d ) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
Article 1.
Subject
This Law transposes to the internal legal order the Directive No 2003 /72/CE, of the
Council, of July 22, 2003, which completes the status of the cooperative society
European with regard to the involvement of employees.
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Article 2.
Scope
1-The involvement of employees in the activities of the co-operative society
European is assured through the institution of a council of employees, of
one or more procedures for information and consultation or a regime of
participation of employees, in the terms provided for in this Law.
2-The council of workers and the procedures for information and consultation
cover the subsidiaries and establishments of the European cooperative society.
Article 3.
Company of community dimension
1-A European cooperative society that is a company of a community dimension
or a company that exercises control of a group of companies of size
community, in accordance with Article 472 (1) and Article 473 of the Code of the
Work, is not subject to the institution of a European company council or
a procedure of information and consultation.
2-The provisions of the preceding paragraph shall not apply if the special trading group
to deliberate, in the terms provided for in this Law, not to initiate negotiations or
end the ones that are under way.
Article 4.
Definitions
For the purposes of this Act, it shall be understood by:
a) "Council of workers", the representation structure of employees of the
European cooperative society, the respective subsidiaries and establishments
situated in the European Economic Area, constituted pursuant to this Law
with the aim of informing and consulting the employees represented, well
as, where appropriate, to exercise participation rights related to the
referred to society;
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b) "Consultation", the procedure which, from the information provided by the
european cooperative society to the council of workers, or to the
representatives of employees in the context of the information procedure and
consultation, consists in the joint assessment of subjects and information
provided, carried out at a time, in such a way and with content such that they allow
to the representatives of the employees to give an opinion on the measures to be adopted
by the competent body of the society that can be taken into account in the
decision;
c) "Involvement of workers", the procedure, including the information,
consultation and participation, through which workers ' representatives
may be influential in the decisions of the European cooperative society;
d) "Subsidiary", of a participating legal person or of a cooperative society
european, a company on which such a legal person or society
european cooperative has dominant influence within the meaning of Article 473 of the
Code of Labour;
e) "Branch or establishment interested" the subsidiary or the establishment of a
participating collective person who, in the terms of the draft constitution of the
European cooperative society, pass to be a subsidiary or establishment
of this;
f) "Special negotiating group" the group made up of representatives of the
employees of the participating legal persons, their subsidiaries and
establishments interested in the terms of this Law, with the aim of
negotiate with the participating legal persons the involvement of the
workers in the European cooperative society to be constituted;
g) "Information" the information provided by the European cooperative society to the
board of workers, or the representatives of workers in the framework
of a procedure for information and consultation, on matters relating to
jointly to the society and to one or more subsidiaries or establishments
situated in another Member State, or which exceed the competences of the management
of one or more subsidiaries or establishments, carried out at a time, in a manner and
with content such that allow the representatives of the employees to proceed
to an in-depth analysis of their incidences and, where appropriate, prepare
consultations with the competent body of the society;
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h) "Participation" procedure by which the representatives of the employees
assigns, elect, recommend or oppose the appointment of members of the
body of administration or surveillance of the European cooperative society;
i) "Participating legal person" the co-operative or other legal person of
public or private law that participates in the constitution of a society
European cooperative;
j) "Quantitative reduction of employee participation rights", to which
imply that the proportion of the members of the body of the co-operative society
european to which the participation refers is lower than the highest proportion
of members of the bodies of the participating legal persons to which the
participation respects;
l) "European cooperative society", the constituted under the terms of the Regulation
(EC) No 1435/2003 of the Council of July 22 on the status of the
european cooperative society, and too much applicable legislation.
CHAPTER II
Transnational provisions and agreements
SECTION I
Scope
Article 5.
Scope of transnational provisions and agreements
1-The provisions of this Chapter shall apply in the event of a constitution of a
European cooperative society whose project provides for the respective headquarters to come to
situate themselves on national territory:
a) To legal persons participating in the constitution;
b) To the European cooperative society;
c) To the subsidiaries and establishments of the participating legal persons and of the
European cooperative society, provided that they are located in the economic space
European.
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2-The agreement relating to the institution of a council of employees or of a
information and consultation procedure, concluded in the terms of the legislation of
another Member State in whose territory the seat of the cooperative society is located
european, obliges the subsidiaries and establishments located in national territory and the
respective workers.
SECTION II
European cooperative society consisting of legal persons, including by
fusion or by transformation
SUBSECTION I
Procedure of the negotiations
Article 6.
Constitution of the special negotiating group
1-The participating legal persons, after deciding to constitute a society
european cooperative, adopt the necessary measures to initiate the constitution of the
special negotiating group, by providing in particular the following information:
a) Identification of the participating legal persons, their subsidiaries and
interested establishments;
b) Number of employees of legal persons, subsidiaries and establishments
referred to in the preceding paragraph.
2-A information provided for in the preceding paragraph shall be provided:
a) To the representatives of the employees participating in the designation or election
of the members of the special negotiating group, in accordance with the legislation of the
Member States in whose territory the legal persons are located
participants, their respective subsidiaries and interested establishments;
b) To employees of the participating legal persons, subsidiaries and
establishments concerned, in cases where, in accordance with the legislation
of the Member States in whose territory the same is situated, the
representatives of the workers do not participate in the designation or election of the
members of the special negotiating group.
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Article 7.
Composition of the special trading group
1-The special negotiating group is composed of representatives of the employees
of the participating legal persons, their subsidiaries and establishments
interested, employed in each Member State, corresponding to each
of these one representative for each 10% or fraction of the total number of workers
employees in all Member States.
2-In the case of European cooperative society to be constituted by merger, the special group
of trading has as many supplementary members as many as necessary for
ensure, in relation to each Member State, a representative of employees
of each co-operative participating with workers in that state and who extinguish themselves
with the merger.
3-The provisions of the preceding paragraph shall not apply in respect of legal persons
participants to which they belong to others with other members of the special group of
negotiation.
4-The supplementary members provided for in paragraph 2 shall not exceed 20% of the number
of members resulting from the application of the provisions of paragraph 1.
5-If the participating cooperatives provided for in paragraph 2 are in number higher than the
total additional members determined in accordance with the previous number,
these are provident, in descending order, by representatives of those who employ
more workers.
6-The workers of the co-operatives by which members are appointed
supplementary in accordance with paragraphs 2 a to 5 are not represented by the members
nominees on the basis of paragraph 1.
7-A The election or designation of the members of the special trading group is regulated
by the legislation of the Member States in whose territory the employees work
represented.
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Article 8.
Negotiations
1-The participating legal persons should take the initiative to negotiate with the
representatives of workers the workers ' involvement scheme in the
European cooperative society to be constituted.
2-A negotiation has started as soon as the special trading group is
constituted.
3-The special negotiating group has the right to meet immediately prior to
any meeting of negotiations.
Article 9.
Obligations of the participating legal person with registered office in national territory and
largest number of workers
The participating legal person with registered office in national territory and greater number of
workers must:
a) Determine the total number of members of the special trading group and the
Member States in which they are to be elected or appointed, having in
account for the numbers of workers of the participating legal persons,
respective subsidiaries and interested establishments, as well as the criteria of the
article 7;
b) Mark a reasonable time limit, counted from the information provided for in the d) ,
for the election or designation of the members of the special negotiating group
coming from each Member State, taking into consideration the scheme
applicable;
c) Informing the special negotiating group on the draft constitution of the
european cooperative society and its evolution, up to the record of this;
d) To inform the other participating legal persons and the entities provided for in the
n Article 6 (2) of the total number of members of the special group of
negotiation and the Member States in which they are to be elected or
assigned.
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Article 10.
Calculation of the number of workers
For the purposes of the constitution and operation of the special trading group, the
number of employees of the participating legal persons and the respective subsidiaries and
interested establishments is determined in relation to the date of the drafting of the
draft constitution of the European cooperative society.
Article 11.
Deliberations of the special negotiating group
1-Each member of the special bargaining group has one vote.
2-The deliberations of the special negotiating group shall be adopted by a majority
absolute of votes, provided that they correspond to members who represent the majority
absolute of the workers.
3-Dealing with agreement that implies the quantitative reduction of rights of
participation of employees in the body of administration or surveillance of the
participating legal persons, the deliberation of the special negotiating group that
the approve shall be adopted by two thirds of the members, which shall represent two
thirds of workers and they represent, still, workers employed in the
less two Member States, in the following cases:
a) Constitution of a European cooperative society by merger, if any in the
participating cooperatives whose rights of participation cover at least
25% of the respective employees;
b) Constitution of a European co-operative society by any other way,
if there are in the legal persons participating rights that
cover at least 50% of the respective employees.
4-For the purposes of the preceding paragraphs and without prejudice to the following numbers, each
member of the special negotiating group represents the employees of the person
participant collective that it comes from.
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5-In the event that there is, in a Member State, a participating legal person, subsidiary or
establishment of a participating collective person based in another State, of which
does not come from any member of the special negotiating group, the
representation of the respective employees is assigned, in equal parts, to the
members coming from that state.
6-In the event that there are, in a Member State, two or more members of the special group
of trading from the same participating collective person, the
representation of the respective workers is assigned, in equal parts, to those
members.
7-A minutes of the meeting in which any negotiating position of the special group is adopted
of trading shall indicate, in particular, the elements that meet the
requirements of the n. ºs 2 a to 6.
Article 12.
Experts
1-The special trading group may be assisted by experts of its choice.
2-Experts may be present at the negotiating meetings, without a vote,
whenever the special negotiating group the delibere.
Article 13.
Good faith and information in the course of negotiation
1-The parties must respect, in the process of negotiation, the principle of good faith,
particularly responding with the maximum possible brevity to the proposals and
counter-proposals and observing, should there be, the negotiating protocol.
2-Each of the parties shall, in so far as it does not result in injury to the defence
of your interests, provide the other with the elements or information that it requests.
3-The special negotiating group can inform the structures of representation
collective of workers from the beginning and evolution of the negotiations and the respective
result.
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Article 14.
Duration of the negotiation
1-A trading stems during the maximum period of six months from the
communication to legal persons participating in the constitution of the special group
of trading.
2-By agreement between the parties, the period provided for in the preceding paragraph may be
extended up to six months.
Article 15.
Term of the negotiation
1-The special trading group may deliberate not to start the negotiation or end
a which is under way.
2-A The deliberation provided for in the preceding paragraph shall be adopted by two thirds of the
members who represent two-thirds of the workers and represent, as yet,
workers employed in at least two Member States.
3-The provisions of paragraph 1 shall not apply in the case of a European co-operative society
consisting of processing of a cooperative in which there is a regime of
participation of the workers.
SUBSECTION II
Agreement on the involvement of employees
Article 16.
Content and form of the agreement
1-Without prejudice to the autonomy of the parties and the provisions of the following articles, the agreement
on the involvement of employees identifies the European cooperative society
the one that applies and regulates:
a) The date of entry into force and the duration of the agreement;
b) The European cooperative society and their subsidiaries and establishments
covered by the agreement;
c) The arrangements for the involvement of the applicable workers;
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d) The situations in which the agreement is to be reviewed, particularly in the event of
change in the number of workers affecting the number or distribution
of the members of the council of workers or the distribution of the members of the
body of administration or surveillance of the European cooperative society which
the workers, or their representatives, may designate, elect,
recommend or to whose appointment they may object;
e) The process of revising the agreement.
2-In the case of European cooperative society constituted by processing of a
cooperative in which there is a scheme for the participation of workers, the agreement
should institute a scheme at least identical to the previous one.
3-The agreement provided for in paragraph 1 is concluded in writing.
Article 17.
Institution of an information and consultation regime
1-The agreement establishing the information and consultation regime through a council of
workers regulates:
a) The composition of the board, the number and distribution of its members, well
as the length of the mandates;
b) The rights to information and consultation of the council and the corresponding
procedures;
c) The periodicity of meetings of the council;
d) The financial and material resources to be allocated to the council.
2-The agreement that instituts one or more information and consultation procedures regulates
the corresponding rules of execution.
Article 18.
Institution of a Participation Scheme
The agreement establishing a regime of employee participation regulates its
fundamental elements, namely:
a) The number of members of the board of directors or supervision of the society
european cooperative that employees or the respective representatives
may designate, elect, recommend or to whose appointment they may object;
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b) The applicable procedure for the purpose of the provisions of the preceding paragraph.
Article 19.
Mandatory communications
1-The governing body or administration of the European cooperative society shall
refer a copy of the agreement to the ministry responsible for the labour area.
2-The council of workers shall inform the ministry responsible for the area
labour of the identity of its members and of the countries of origin.
3-The provisions of the preceding paragraph shall apply to the employees ' representatives in the
procedure for information and consultation, if any.
4-The provisions of the preceding paragraphs shall apply in the cases of revision of the agreement and of
alteration of the members of the council of workers or representatives of the
workers in the context of the information and consultation procedure.
SUBSECTION III
Mandatory institution of a scheme for employee engagement
DIVISION I
General provisions
Article 20.
Compulsory institution
1-An information and consultation regime is instituted, 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 trading group having
deliberate not to start the negotiation or end the one under way.
2-In the case provided for in the preceding paragraph, the participating legal persons who
wish to promote the registration of the European cooperative society must declare
that accept the information and consultation regime through a council of
workers.
3-Without prejudice to the provisions of the preceding paragraphs, the provisions of the above shall still apply
articles 29 to 32, on the participation of employees in the cooperative society
european, in the following cases:
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a) Constitution of a European co-operative society by processing, if
there is regime of participation in the cooperative that transforms;
b) Constitution of a European cooperative society by merger, if it exists
participation scheme in one or more co-operatives covering at least
25% of the employees of the pool of the participating cooperatives, or less
of 25% of workers and the special negotiating group deliberating that
intends the application of that scheme;
c) Constitution of a European co-operative society by any other way,
if there is a regime of participation in one or more legal persons
participants covering at least half of the workers in the pool
participating legal persons, or less than half of the employees and the
special negotiating group deliberating that it intends to implement such a scheme.
4-In cases provided for in points b) and c) of the previous number, if there are different
modalities of participation in the participating legal persons, the special group
of trading should choose the one that applies to the European cooperative society.
5-If the special negotiating group does not proceed to the choice provided for in the number
previous, is applicable to the European cooperative society the modality of participation
that covers the largest number of workers in the participating legal persons.
6-A deliberation of the special negotiating group in the sense of applying for the application
of the participation scheme, under the terms of the paragraph b) or c) of paragraph 3, as well as, being
case of this, the choice of the participation modality that applies to society
european cooperative must be adopted in the 15 days after the term of the
negotiation.
7-The special negotiating group shall inform the participating legal persons
of the deliberation referred to in the preceding paragraph.
DIVISION II
Council of workers
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Article 21.
Council of workers
1-The number of members of the council of workers is determined in relation to the
percentage of employees employed in each Member State, relatively
to the total of employees of the European cooperative society, its subsidiaries and
establishments, assigning a representative for each 10% of the total
workers or fraction.
2-The number of members shall be reviewed at the end of each term, taking into account
possible changes, in accordance with the criterion laid down in the preceding paragraph.
3-It shall apply to the European cooperative society, with the necessary adaptations, the
provisions of Article 9 para.
Article 22.
Members of the council of workers
1-The members of the council of workers must be employees of the society
cooperatively European, its subsidiaries or establishments.
2-A The designation or election of the members of the council of workers is regulated
by the legislation of the Member States in whose territory the employees work
represented.
3-The board of employees shall communicate the identity of the respective members
to the governing body or administration of the European cooperative society.
4-The term of office of the members of the council of workers has the duration of four
years.
Article 23.
Health
1-The board of workers who has 12 or more members shall institute a
restricted council composed, at most, by three members, elected from each other.
2-The board of workers approves its internal regulation.
3-Before carrying out any meeting with the governing body or administration of the
european cooperative society, the council of workers or the restricted council
has the right to gather without the presence of that one.
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4-Can participate in the meetings of the restricted council the members of the board of
workers who represent employees of the subsidiaries or establishments
directly affected by the measures.
5-The council of workers and the restricted council can be assisted by experts
of your choice, whenever they deem it necessary to comply with your
functions.
Article 24.
Rights of the council of workers
1-The rights of the board of employees cover the matters relating to
jointly to the European cooperative society and to one or more subsidiaries or
establishments located in another Member State, or in excess of those
competences of the direction of one or more branches or establishments.
2-The board of employees has the right to be informed in writing and consulted
by the governing body or administration of the European cooperative society on the
evolution and the prospects of the activities of this, as well as its subsidiaries and
establishments provided for in the preceding paragraph.
3-The governing body or administration shall inform the board of employees
on the agenda of your meetings and provide you with copies of the documents that are
presented to the general assembly of the European co-operative society.
Article 25.
Annual report
1-The governing body or administration of the European cooperative society shall
to present to the board of workers a detailed annual report and
documented on the evolution and perspectives of the activities of this, as well as
of its subsidiaries and establishments provided for in paragraph 1 of the preceding Article.
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2-The report must contain information on the structure of the cooperative society
european, subsidiaries and establishments, the economic and financial situation, the evolution
likely from activities, production and sales, initiatives related to the
social responsibility of companies, the situation and predictable employment developments,
the investments, the most important changes concerning the organisation, methods
of work or production processes, the production transfers, the mergers, the
reduction of the size or closure of the society, subsidiaries or establishments or
important parts of establishments and collective redundancies.
Article 26.
Meetings with the governing body or administration
1-Following the submission of the report provided for in the previous article, the council of
workers have the right to meet with the governing body or administration of the
European cooperative society, for the purpose of information and consultation.
2-A The meeting provided for in the preceding paragraph takes place one month after the presentation of the
annual report, save if the steering body or administration accepts a deadline
shorter.
3-The governing body or administration shall inform the Directions of the subsidiaries or
information establishments and consultation of the council of workers in the
terms of the previous numbers.
Article 27.
Information and consultation in exceptional situations
1-The board of workers has the right to be informed in writing about
any issues that considerably affect the interests of employees,
notably the change of facilities involving transfers from locations of
work, the closure of the European cooperative society, its subsidiaries or
establishments and collective dismissal.
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2-The board of employees or, if this so decides in particular for reasons of
urgency, the restricted council has the right to bring together, at its request, with the organ of
direction or administration, or other level of direction of society more
appropriate with competence to make decisions, in order to be informed and
consulted on the measures that would affect the interests of the
workers.
3-A meeting should be carried out with the greatest possible brevity.
4-In the event that the meeting takes place with the restricted council, they have the right to it
participate in the members of the board of workers representing the
employees of the establishments or companies directly affected by the
measures.
5-If the probable sense of the deliberation of the governing body or administration is
different from the opinion of the board of workers, this has the right to gather from
new with that organ with a view to getting a deal.
Article 28.
Information of local representatives
The members of the council of employees shall inform the representatives of the
workers of the European cooperative society and its subsidiaries and establishments or,
in their absence, the workers on the information received and the results of the
consultations held.
DIVISION III
Participation of workers
Article 29.
Mandatory schemes
1-To the European cooperative society constituted by processing shall apply the
scheme of the State-member which applied to the society undergoing processing
relating to the participation of employees in the body of administration or surveillance.
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2-To the European cooperative society constituted by any other mode shall apply,
as well as to its subsidiaries and establishments, the regime of any member state
that applies to a participating legal person and to allow representatives to
of the employees, or to these, designate, elect, recommend or oppose the appointment
of members of the board of directors or surveillance, in proportion more
high.
Article 30.
Distribution of seats
1-The board of workers shall deliberate, taking into consideration the proportion
of the employees of the European cooperative society employed in each
Member State, on:
a) The distribution of seats of the body of administration or surveillance by the
members representing the employees of the different Member States;
b) The way in which the workers of the European cooperative society can
recommend or reject members of the board of directors or surveillance.
2-If, in accordance with the criterion referred to in ( a) from the previous number, there is a
or more Member States in which there are workers who do not have
representatives in the body of administration or surveillance, the board of
workers must assign a place to each of those states, up to the limit
consented by the possibility of the application of the provisions of paragraph 4.
3-If the Member State in whose territory comes the seat of the society
european cooperative does not match a place of the governing body or
supervision, in accordance with the criterion referred to in paragraph a) of paragraph 1, the council of
workers must give a priority to that State, on the basis of the
provisions of the previous number.
4-The number of seats allocated according to para. 2 and 3 shall be subtracted to the
of the Member States to which it would fit more than one place, proceeding by
inverse order of the number of workers employed in those states.
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Article 31.
Designation or election of members
1-A designation or election of the members representing the workers
employees in each member state to the places of the administration body or
supervision of the European cooperative society is regulated by national law
of each state.
2-In the lack of the national legislation provided for in the preceding paragraph, the council of
workers must deliberate on the mode of designation or election of the member
coming from that state.
Article 32.
Status of members representatives of employees
The members of the governing body or watchdog representing the
employees employed in each member state have the same rights and duties
that the members representing the members of the cooperative, including the right to
vote.
SECTION III
European cooperative society consisting of natural persons or by a
legal person and natural persons
Article 33.
Involvement of workers in smaller society
1-The involvement of employees in the European co-operative society constituted
by natural persons or by a legal person and natural persons, who
employs fewer than 50 workers, or 50 or more workers in a single
Member State, be governed by:
a) In the European cooperative society, by the legislation of the Member State of the registered office
of this one that is applicable to entities of the same type;
b) In its subsidiaries and establishments, by the legislation of the Member State in which
find themselves situated and that it is applicable to entities of the same type.
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2-In the event of a move to another member state of the co-operative society's headquarters
European referred to in paragraph 1 and covered by a regime of participation of the
workers, a scheme of participation at least equivalent applies.
Article 34.
Involvement of workers in larger society
The involvement of employees in the European cooperative society constituted by
natural persons or by a legal person and natural persons, who employed by the
less 50 employees in each of two Member States, shall be governed by the provisions of
in Articles 5 to 32.
Article 35.
Amendment of the scheme for employee involvement
1-After the registration, the European cooperative society consisting of persons
singular, or by a legal person and natural persons, who employs
initially less than 50 employees or 50 or more workers in a single
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 society, its subsidiaries and
establishments that work in at least two Member States the
request;
b) If the total of workers in society, their branches and establishments pass
to be at least 50 in each of two Member States.
2-For the application of the provisions of Articles 5 to 32 in the situations referred to in the
previous paragraph, considers itself "participating collective person" the society
European co-operative and "subsidiaries and interested establishments" the subsidiaries and
establishments in the European cooperative society.
SECTION IV
Common provisions
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Article 36.
Relationship between the European cooperative society and the representatives of the
workers
The European cooperative society, the members of the special negotiating group, the
board of workers and the representatives of employees within the framework of a
information and consultation procedure should cooperate and act with good faith in the exercise
of the rights and in the performance of the respective duties.
Article 37.
Duty of reservation and confidentiality
The information provided to the members of the special negotiating group, of the council
of workers, the workers ' representatives in the framework of a procedure
of information and consultation and the respective experts, the breach of the duty of secrecy, to no
provision of information, as well as the justification and judicial control of the
confidentiality or refusal of provision of information are regulated by the articles
458 to 460 of the Labour Code.
Article 38.
Financial and material resources
1-Collective persons participating in the constitution of a cooperative society
European must:
a) Pay for the operating expenses of the special trading group, in a manner
that this may properly exercise its functions;
b) To provide the special negotiating group with the necessary material means to the
fulfillment of the respective mission, including installations and places of affixing
of the information;
c) Pay the expenses of at least one expert from the special negotiating group.
2-A European cooperative society shall, without prejudice to the provisions of the agreement that
institute the information and consultation regime:
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a) Provide the members of the board of employees of the financial resources
necessary for their operating expenses and those of the restricted council, if
exist;
b) To provide the board of employees with the necessary material means to the
fulfillment of the respective mission, including installations and places of affixing
of the information;
c) Pay the expenses of at least one expert from the council of workers or the
board restricted.
3-The operating expenses referred to in the preceding paragraphs include the
relating to the organisation of meetings, as well as the translations, stays and
displacements and still the retribution of an expert.
4-The provisions of the preceding paragraph, except with respect to the consideration of an expert,
may be regulated differently by agreement between the board of workers and the
body of direction or administration.
5-Displacement and stay expenses may be paid on the basis of the scheme of
displacements in service of the establishments or companies in which the
representatives of the employees work and, in respect of the expenditure of the expert,
in the scheme applicable to members coming from the same Member State.
6-From the application of the criterion laid down in the preceding paragraph shall not result in a
payment of travel expenses and stay to some member of the special group
of trading or of the less favorable European company council than the other.
7-The expenses for each member of the special trading group are paid
by the participating legal person of which or from whose subsidiary or establishment the
even comes from.
8-Participous legal persons pay the expenses of an expert, in proportion
of the number of the respective employees.
9-The expenses of member of the special trading group that does not come
of any participating legal person, subsidiary or establishment are paid by
such entities as long as the workers are by it represented, in the
proportion of the number of these.
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Article 39.
New negotiation
1-Decorrides two years from the deliberation of the special negotiating group of
do not start or end the ongoing negotiation, there should be new negotiation since
that is requested by at least 10% of the workers in the cooperative society
European, their subsidiaries and establishments or their representatives.
2-The board of workers, decorated four years from your institution
obligatory, it may propose negotiations on a regime of involvement of the
workers in society.
3-A negotiation may take place before the expiry of the deadlines set out in the figures
previous by agreement with the society.
4-The number of workers provided for in paragraph 1 shall be determined with reference to the
moment of order.
5-For the purpose of the negotiation provided for in paragraph 1, to the constitution and composition of the group
negotiation special is applicable to the provisions of Articles 6 and 7.
6-If the negotiation developed pursuant to paragraph 1 does not lead to the agreement, it is not
applicable the provisions of Articles 20 to 32.
7-A The negotiation provided for in paragraph 2 is developed by the council of employees and
be governed by the provisions of articles 11 to 19.
8-In the event of an agreement resulting from the negotiation provided for in the preceding paragraph, the
provisions on the board of compulsory institution employees leave
to apply from the time of application of the engagement regime of the
workers the subject of the agreement.
CHAPTER III
Provisions of a national character
Article 40.
Scope
The provisions of this chapter are applicable to European cooperative societies, their
subsidiaries and establishments located in national territory, as well as to representatives
of the respective workers.
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Article 41.
Designation or election of employee representatives
1-The members of the special negotiating group, the council of workers, the
representatives of employees in the context of the information procedure and
consultation and the members of the board of directors or supervisory board of the society
European cooperative, which represent employees employed in territory
national are designated or elected in the terms of the following articles.
2-The entities that proceed to the designation and the bidders of lists for the election
of the representatives referred to in the preceding paragraph shall respect the right to
equality and non-discrimination and, inter alia, to promote balance between
members of both sexes.
Article 42.
Designation or election of members of the special negotiating group
1-A The designation or election of the members of the special negotiating group shall
ensure that there is a member coming from each participating legal person
with registered office in national territory or, if this is impossible, of those who employ
greater number of workers.
2-Can be a member of the special negotiating group a syndicate associate
representative of employees of the participating legal persons, subsidiaries or
interested establishments, regardless of whether they are a worker of these.
3-Members of the special trading group are assigned:
a) In the event that there is, in national territory, only a legal person
participant or subsidiary, by agreement between the respective committee of employees and
the trade union associations, or by the commission of workers if there is no
trade union associations;
b) In the case of there being, in national territory, two or more legal persons
participants or subsidiaries, by agreement between their respective committees of
workers and trade union associations, or among the commissions of workers
if there are no trade union associations;
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c) In the event that there is, in national territory, one or more legal persons
participants or subsidiaries and one or more establishments of another legal person
participant or branch, by agreement between the respective commissions of
workers and trade union associations, and they should represent them at least
the employees of the said establishments;
d) By agreement between the trade union associations which together represent the
less than two thirds of the employees of the participating legal persons, subsidiaries
and existing establishments on national territory;
e) By agreement between the trade union associations that represent, each, 5% of the
employees of the participating legal persons, subsidiaries and establishments
existing in national territory, in the event that the provision is not met in the
previous point.
4-Only trade union associations representing at least 5% of the employees of the
legal persons participating, subsidiaries and existing establishments in territory
national may participate in the designation of the employees ' representatives, without
injury to the provisions of the following number.
5-The trade union associations which together represent at least 5% of the
employees of the participating legal persons, subsidiaries and establishments
existing in national territory can mandate one of them to participate in the
designation of the employees ' representatives.
6-Members of the special negotiating group shall be elected by direct and secret voting,
of among applications submitted by at least 100 or 10% of employees
of the participating legal persons, subsidiaries and interested establishments
existing in national territory, in the following situations:
a) If there is no place for the respective designation in the terms of the numbers
previous;
b) Where at least one third of the employees of the legal persons
participants, subsidiaries and establishments the rewant.
7-A convocation of the electoral act, the submission of applications, the voting sections,
the vote, the clearance and publicity of the result of the election, as well as the
control of legality of it, they are regulated by the scheme applicable to the council
of European company.
8-A The designation or election of members of the special negotiating group shall be
accompanied by the indication of the number of workers each represents.
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Article 43.
Designation or election of the members of the council of workers
1-The members of the council of workers are assigned:
a) In the event that there is, in national territory, only the cooperative society
european, by agreement between the respective committee of workers and the
trade union associations, or by the committee of workers if there is no
trade union associations;
b) In the event that there is, in national territory, the European cooperative society and
one or more subsidiaries, per agreement between their respective committee of employees
and trade union associations, or among the commissions of workers if not
there are trade union associations;
c) In the event that there is, in national territory, the European cooperative society,
one or more branches and one or more establishments, by agreement between the
respective committee of workers and trade union associations, owing
these represent at least the employees of the said establishments;
d) By agreement between the trade union associations which together represent the
less two thirds of workers in the European cooperative society, their
subsidiaries and establishments;
e) By agreement between the trade union associations that represent, each, 5% of the
workers of the European cooperative society, its subsidiaries and
establishments, in the event that the agreement provided for in paragraph is not checked
previous.
2-The designation of the members of the council of workers shall apply to the
n. paragraphs 2 and 3 of the previous article.
3-The members of the council of workers are elected by direct and secret ballot, of
between applications submitted by at least 100 or 10% of the employees of the
European cooperative society, its subsidiaries and existing establishments in
national territory if there is no place for the respective designation under the terms of the
previous numbers.
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4-A convocation of the electoral act, the submission of applications, the voting sections,
the vote, the clearance and publicity of the result of the election, as well as the
control of legality of it, they are regulated by the scheme applicable to the council
of European company.
Article 44.
Designation or election of the employees ' representatives within the framework of a
information and consultation procedure
To the designation or election of the employees ' representatives in the framework of a
information and consultation procedure is applicable the provisions of the previous article.
Article 45.
Designation or election of the members of the board of directors or surveillance
To the designation or election of the members who represent the workers for the seats
of the governing body or watchdog of the European cooperative society shall apply
the provisions of Article 42, with the necessary adaptations.
Article 46.
Duration of term of office
Unless otherwise stipulated, the term of office of the members of the council of workers and
of the employees ' representatives in the context of an information procedure and
consultation has the duration of four years.
Article 47.
Special protection of employee representatives
1-The members of the special negotiating group, the council of workers, the
representatives of employees in the context of an information procedure and
consultation and employees ' representatives in the body of administration or
supervision have, in particular, right:
a) The credit of monthly hours for the exercise of the respective functions equal to that of
members of committee of workers;
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b) The reciprocated time credit required to participate in meetings with the
european cooperative society, in meetings of the governing body or
oversight and in preparatory meetings, including the time spent in the
displacements;
c) The justification of absences in the performance of their functions that exceed the
hours credit, pursuant to the terms set out in the Labour Code for members
of the structures of collective representation of workers;
d) The protection in the case of disciplinary procedure, dismissal and
transfer, in accordance with the terms set out in the Labour Code for members
of the structures of collective representation of workers.
2-The members of the special negotiating group only benefit from the scheme
provided for in the preceding paragraph if they are employees of a participating entity,
its subsidiaries or interested establishments.
3-There is no place the accumulation of the credit of hours by the fact that the worker
belong to more than one structure of collective representation of the workers.
4-The representatives of the employees who are members of the board of directors
or supervision of the European cooperative society are entitled to the retribution of the
periods of absence necessary for the exercise of their respective functions.
Article 48.
Calculation of the number of workers
Part-time employees are considered for the purposes of calculating the number of
workers, regardless of the duration of their normal period of work.
CHAPTER IV
Counterordinational liability
Article 49.
General regime
1-The general scheme provided for in articles 614 to 640 of the Labour Code applies
to the offences arising from the violation of this Law.
2-In the application of this Law to the Autonomous Regions shall be taken into account
legal skills assigned to the respective regional bodies and services.
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Article 50.
Counter-ordinations in particular
1-Constitute counterordinance very serious the violation of Article 6, Article 9, of the
agreement that institute a board of employees or one or more procedures of
information and consultation in the part concerning the rights to information and consultation and
of meeting, of Article 20 (1) and (20), of Articles 24 and 25, of paragraphs 1 and 2 of the
article 26, of paragraphs 1 and 2 of Article 27 and of Article 38 (1) and 2 (2)
2-Constitute counter-ordinance grave the violation of paragraphs 1 and 2 of Article 8 (2) of the
article 12, of the agreement that institute a board of employees or one or more
information and consultation procedures, in the part concerning resources
financial and materials and of paragraphs 3 a to 5 of Article 27 para.
3-Constitute counter-ordinance leads to violation of Article 19 (1)
Seen and approved in Council of Ministers of June 1, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs