Law No. 217 Of 5 July 2005 Concerning The Establishment, Organization And Functioning Of European Works Councils

Original Language Title:  LEGE nr. 217 din 5 iulie 2005 privind constituirea, organizarea şi funcţionarea comitetului european de întreprindere

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Law No. 217 of 5 July 2005 (republished) concerning the establishment, organization and operation of the european Works Council) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 889 of 15 December 2011 _ _ _ _ _ _ _ _ _ * Note) Republished pursuant to art. II of law No. 186/2011 for the modification and completion of the law #. 217/2005 on the establishment, organization and operation of the european Works Council, published in the Official Gazette of Romania, part I, no. 763 of 28 October 2011, posing a new texts.

Law No. 217/2005 was also republished in the Official Gazette of Romania, part I, no. 250 of 13 April 2007.


Chapter I General provisions Article 1 the provisions of this law shall regulate the conditions concerning the establishment of european works councils or to establish the procedure for information and consultation of employees in Community-scale undertakings and groups of undertakings in order to improve the right to information and consultation of employees.


Article 2 (1) the european Works Council or an information and consultation procedure shall be set up, after the manner provided for in this law, in every Community-scale undertaking and every group of undertakings as defined under art. 6. (2) the arrangements for the information and consultation of employees provided for in paragraph 1. (1) define and apply the principle of efficiency, so as to ensure the effective exercise of the right to transnational information and consultation of employees and to allow efficient decisions undertakings or groups of undertakings.
  

(3) exception from paragraph 1. (1) where the Group of undertakings shall include one or more businesses fold in one or more groups of undertakings which are Community-scale, the european Works Council shall be formed at the level of the grouping, except where the agreement referred to in article 1. 22 otherwise.
  


Article 3 (1) informing and consulting employees shall be conducted at a relevant level of management and representation, depending on the subject matter of the Treaty.
  

(2) for the purposes of paragraph 1. (1) the competence of the european Works Council and the scope of the procedure for informing and consulting employees, regulated by this law, shall be limited to transnational issues.
  

(3) the Transnational Aspects listed in paragraph 1. (2) are those aspects that relate to the Community-scale undertaking or group of undertakings as a whole or at least two undertakings or subsidiaries, branches or other secondary offices of an enterprise or of the group, located in two different Member States.
  

(4) in determining the character of transnaţionalitate of a aspect to be taken into consideration, regardless of the number of Member States involved, the level of management and representation that you require, as well as the extent of the possible effects on employment or which involve transfers of activities between Member States.
  


Article 4 (1) informing and consulting the european Works Council are correlated with the information and consultation of national bodies representing the employees, taking into account the powers and the scope of intervention of each of them and of the principles set out in article 11. 3. (2) the arrangements for linking information and consultation of the european Works Council information and consultation with national bodies representing the employees are set out in the agreement under article 13. 22. (3) in the absence of detailed rules referred to in paragraph 1. (2) and where the decisions are likely to produce important changes of work organisation or of collective labour contracts, processes information and consultation shall take place at the same time, at national, branch or unit group, as appropriate, and within the framework of the european Works Council.
  

(4) the expression of a point of view by the european Works Council shall be without prejudice to the ability of the central leadership to hold the necessary consultations, respecting, at the same time, the timelines for national legislation and/or practice.
  


Article 5 the provisions of this law shall not apply to Merchant Navy crews.


Chapter II Definitions and scope section 1 terms and phrases used within the meaning of Article 6 of this law, the terms and expressions below have the following meanings: 1. undertaking a public or private entity that carries on an economic activity, whether profit or not;
2. the enterprise group-a group comprising a controlling undertaking or undertakings controlled;
3. the representatives of the employees ' representatives or trade union organizations-individuals and mandated to represent employees under the law and/or practice;
4. the Community-scale undertaking-undertaking which employs at least 1,000 employees in Member States and, in at least two different Member States, at least 150 employees in each of them;
5. controlling undertaking within the Group of enterprises undertaking which can exercise a dominant influence over another undertaking, called the controlled undertaking, by virtue of ownership, financial participation or the rules which govern it.
It presumes the ability to exercise a dominant influence, without recourse, however, proof to the contrary, where an undertaking, directly or indirectly, meets one of the following criteria: a) can appoint more than half of the number of members of the Board of Directors, Steering Committee, or of the Supervisory Board of another undertaking;
  

b) control the majority of the votes attached to shares issued by another undertaking;
  

c) subscribed capital has a majority of another undertaking.
  

Voting rights and the appointment held by the controlling undertaking shall include those of any other controlled undertaking and those of any person or body acting in his own name but in the interest of the controlling undertaking or of any other controlled undertaking.
Is not considered controlling undertaking which holds a participation in another enterprise, when the first of these is found in one of the situations referred to in article 1. 11 lit. b) or c) of the law on competition no. 21/1996, republished, with subsequent amendments and additions.
There shall be presumed to exercise a dominant influence solely based on the fact that a representative shall exercise their powers in accordance with the provisions of the law relating to liquidation, winding up, insolvency, cessation of payments, or a similar procedure.
When two or more undertakings from a group satisfy one or more of the criteria set out in (a). a), b) or c) of this section, shall be regarded as the controlling undertaking which satisfies the criterion laid down in subparagraph (a). a), without however ruling out possibility of proof that another undertaking is able to exercise a dominant influence.
Law applicable to determine whether an undertaking is a controlling undertaking is that of the Member State which govern that undertaking. If the law governing that undertaking is not that of a Member State, the applicable law shall be that of the Member State in whose territory the undertaking is located, the representative or the absence of such a representative, the central management of the Group undertaking which employs the greatest number of employees;
6. the Group of undertakings-group of undertakings which fulfils the following conditions: (a) (b) cumulatively) employs at least 1,000 employees in Member States;
  

b) contains at least two group undertakings in different Member States;
  

c) at least one Member undertaking employing at least 150 employees in one Member State and at least one other Member undertaking employing at least 150 employees in another Member State;
  

7. central management-central management of the Community-scale undertaking or the central management of the controlling undertaking within the Group of undertakings;
8. information-transmission of data by the employer to the employees ' representatives, to enable them to acquaint themselves with the subject matter of the Treaty and to consider informed; information shall be given at such time, in such fashion and with an appropriate content, to allow representatives of the employees to examine the issue in an appropriate manner and to prepare, if appropriate, consultation;
9. consultation-exchange of views and establishment of dialogue between employees ' representatives and central management or any other appropriate level of management. Consultation shall take place:


a) at a time, in a manner and with a content appropriate to enable employees ' representatives to develop a point of view;
  

b) based on the information made available to the representatives of the employees concerning the proposed measures referred to consultation;
  

c) without affecting the responsibilities of leadership;
  

d) in a reasonable time, which may be taken into account within the Community-scale undertaking or group of undertakings;
  

10. employee-person employed under an individual employment contract or apprenticeship;
11. the european Works Council-Committee established under the provisions contained in the head. III or IV, for the information and consultation of employees;
12. the special negotiating body-panel set up in accordance with the provisions of art. 16 and 17, in order to negotiate with the central management regarding the establishment of european works councils or to the establishment of the procedure for informing and consulting employees;
13. Member States-European Union Member States and other States belonging to the European Economic area.
For the purpose of determining the number of employees in Community-scale undertakings and groups of undertakings, shall be taken into account, average number of employed persons, including employees engaged with individual contract of employment part-time employees during the two years preceding the date on which it has initiated negotiation referred to in art. 11. Section 2 of the scope of article 7 (1) this law shall apply to: (a) Community-scale) the undertakings and groups of undertakings which have the central management in Romania or in another Member State of the European Union or the European Economic area;
  

b) scale undertakings and groups of undertakings whose central management is not situated in a Member State but has appointed a representative in Romania;
  

c) scale undertakings and groups of undertakings whose central management is not situated in a Member State nor has not appointed a representative in a Member State, when the branch, a branch or any other establishment side of such undertakings or, as the case may be, a member of the Group undertaking which employs the greatest number of employees in one Member State is situated in Romania.
  

(2) for the purposes of this Act, the representative referred to in paragraph 1. (1) (a). (b)) and the leadership of the company, subsidiary, branch or any other establishment secondary paragraph (1) (a). c) are regarded as central management.
  

(3) the powers and competence of european works councils as well as the scope of the procedure for information and consultation covers all subsidiaries, branches and other secondary offices of the Community-scale undertaking in the territory of the Member States and all members of the Group of undertakings on the territory of Member States, except where the agreement referred to in article 1. 22 establishes a wider area of application.
  


Article 8 (1) the provisions of this law shall not apply to European companies established in accordance with Regulation (EC) No 1782/2003. mp 2.157/2001 and in the European cooperative societies established under Regulation (EC) No 1782/2003. 1435/2003, in cases where these are Community-scale undertakings or undertakings exercising control over a group of undertakings.
  

(2) if the special negotiating body set up under the societies referred to in paragraph 1. (1) decide not to open negotiations or to terminate negotiations already opened, the provisions of this law shall apply.
  


Chapter III the establishment of european Works Council or establishment of the procedure for informing and consulting of employees Article 9 central management required creating the conditions and means necessary for the setting up european works councils or to establish the procedure for information and consultation in undertakings times groups of undertakings, in compliance with the provisions laid down in this law.


Article 10 (1) of each of the undertakings within the Leadership of the Group of undertakings, of any subsidiaries, branches or secondary establishment of a each Community-scale undertakings, as well as central management times central management presumed. 7 para. (1) (a). c) of the undertaking or group of undertakings shall be responsible for obtaining and transmitting to the parties concerned by the application of this law to the information required for opening negotiations. 11, in particular the structure of the undertaking or the Group and its herds.
  

(2) for the purposes of paragraph 1. (1) by interested party means the employees and representatives of the employees of an undertaking or group of undertakings, the central management is not located in Romania, the central management's representative in Romania, where it has been designated, or, in the absence of such a representative, the central management basis. 7 para. (1) (a). c). (3) the information referred to in paragraph 1. (1) refers in particular to information on the number of employees referred to in art. 6 section 4 and 6.
  

(4) the information referred to in paragraph 1. (1) are necessary to enable employees to notify their representatives or application for the initiation of negotiations for the establishment of european works councils or to set up an information procedure laid down in article 21. 11 and cannot be conditional on its receipt.
  


Section 1 special negotiating body Article 11 (1) the central management shall initiate the negotiations located in Romania for the establishment of the european Works Council or for the establishment of information and consultation procedure on its own initiative, or at the written request of at least 100 employees or, as applicable, to their representatives in at least two undertakings or subsidiaries, branches or other secondary offices located in at least two different Member States.
  

(2) application for negotiation for the establishment of the european Works Council or for the establishment of an information and consultation procedure shall be addressed to the central management defined in accordance with the present law.
  


Article 12 to establish european works councils or to the establishment of the procedure for informing and consulting employees, create a special negotiating body.


Article 13 special negotiating body is to establish leadership in central Romania, through a written agreement, the scope, composition, functions and the duration of the mandate of the Committee or the European Works Council of the time implementing one or more of the procedures for informing and consulting employees.


Article 14 special negotiating body is composed of members appointed or elected in proportion to the number of employees employed in each Member State of the Community-scale undertaking or group of undertakings, allocating each Member State one seat for each installment of employees employed in that Member State which shall be 10% of the number of employees employed in all the Member States as a whole or a fraction of the quota in question.


Article 15 (1) In Romania members of the special negotiating body shall be appointed by the employees ' representatives from Romania you Community-scale undertaking or group of undertakings. In the case of lack of such representatives, members of the special negotiating body shall be appointed by a majority of votes of employees from Romania you Community-scale undertaking or group of undertakings.
  

(2) members of the special negotiating body may elect a Chairman from among themselves and may adopt its own rules of organization and operation.
  

(3) the rules of organization and operation will include a concrete mode of designation or election of members of the special negotiating body, as well as issues relating to suspension, revocation times their warrants termination.
  


Article 16 in order to ensure continuity within the special negotiating body in situations provided for by the rules of organization and operation, shall constitute a reserve list, by allocating each Member State shall appoint one substitute for each installment of employees employed in that Member State, which represents 10% of the number of employees employed in all the Member States as a whole or a fraction of the quota in question.


Article 17 (1) the central management situated in Romania shall be informed of the composition of the special negotiating body and of the persons included on the reserve list, and on the opening of negotiations.
  


(2) the central management shall inform also the heads of subsidiaries, branches and other secondary offices of the Community-scale undertaking, managements of enterprises which make up the Group of undertakings, as well as European organisations of employees and employers, consulted by the Commission under art. 154 of the Treaty on the functioning of the European Union.
  

(3) the obligation of information returns.
  


Article 18 (1) expenses related to negotiations for the establishment of the european Works Council or for the establishment of the procedure for informing and consulting employees shall be borne by the central management.
  

(2) the central management shall make all efforts to ensure that members of the special negotiating body of material and financial resources necessary for the performance of their duties.
  

(3) insofar as the central management and the special negotiating body does not decide otherwise, where the special negotiating body shall be assisted by experts, the central management shall bear the expenses for an expert only.
  


Section 2 of the agreement on the establishment of european Works Council or establishment of the procedure for informing and consulting employees in article 19 (1) the central management shall convene within 30 days of the notification of the composition of the special negotiating body, a meeting with the members of the Committee, for the purpose of concluding an agreement on the establishment of european Works Council or establishment of the procedure for informing and consulting employees. The central management shall inform the local managements.
  

(2) the special negotiating body shall have the right to meet before and after each meeting with the central management, featuring all the necessary means of communication, without representatives of the central management being present at their respective meetings.
  

(3) In order to carry out his duties, the special negotiating body may be assisted by experts of his choosing, which may include representatives of trade union organizations. 17 para. (2) Union representatives. those Experts may assist, in an advisory capacity, in the meetings of the negotiation, at the request of the special negotiating body.
  


Article 20 for the conclusion of the agreement referred to in article 1. 22, the decisions of the special negotiating body shall be taken by a majority vote of the members.


Article 21 (1) the special negotiating body may decide, by a majority of two-thirds of the votes, to halt negotiations with the central management, or not to start.
  

(2) In the situation referred to in paragraph 1. (1) and in the absence of an agreement between the special negotiating body and the central management to decide otherwise, the special negotiating body is dissolved.
  

(3) a new request for convening, i.e. the establishment of the special negotiating body may be made at the earliest after 2 years from the date of the decision referred to in paragraph 1. (1), except that the Parties shall fix a shorter period.
  

(4) in the case of making a decision under the conditions of paragraph 1. (1) the provisions referred to in this law to the subsidiary are not applicable.
  


Article 22 (1) the agreement between the special negotiating body and the central management aims to be the establishment of european works councils, whether the establishment of the procedure for informing and consulting employees.
  

(2) the agreement must be concluded in written form.
  

(3) the agreement shall not prejudice the rights of information and consultation of employees provided for by the legislation in force on Romanian.
  


Article 23 the agreement on the establishment and operation of the European Works Council establishes at least: a) the undertakings making up the Group of Community-scale undertakings or subsidiaries, branches or other secondary offices of the Community-scale undertaking to whom the agreement applies;
  

b) composition of the european Works Council, the number of members, the allocation of seats, taking into account the need for balanced representation of employees depending on activities, categories and sex, as well as the term of Office of the members;
  

c) the functions and the procedure for information and consultation of the european Works Council, as well as ways of linking information and consultation of the european works councils and information and consultation with national organizations representing employees, respecting the principle set out in art. (3);
  

d), frequency and duration of meetings of the Committee;
  

e) where appropriate, arrangements for the composition, appointment, powers and procedures of the Select Committee set up by the Assembly within the framework of the european Works Council;
  

f) financial resources and materials operation, which will be allocated to the Committee;
  

g) date of entry into force of the agreement and its duration, procedure for amending or terminating the agreement, conditions and the procedure for its renegotiation, including, where appropriate, when intervening changes in the structure of the Community-scale undertaking or group of undertakings.
  


Article 24 (1) the central management and the special negotiating body may agree, by written agreement, to establish one or more information and consultation procedures in place to establish a european Works Council.
  

(2) In the situation referred to in paragraph 1. (1) the agreement must provide for concrete ways in which employees ' representatives are entitled to be reunited to be informed and to consult with the central management information communicated to them, respectively, to meet to discuss on the information communicated to them.
  

(3) the information referred to in paragraph 1. (2) relate mainly to the transnational aspects which significantly affect the interests of the employees of Community-scale undertaking or group of undertakings.
  


Article 25 (1) where significant changes of the structure of the Community-scale undertaking or group of undertakings and either in the absence of provisions of agreements in force, whether in the case of conflict between the provisions of two or more of the applicable agreements, the central management shall initiate, on its own initiative or in response to a written request from at least 100 employees or their representatives in at least two undertakings times subsidiaries, branches or other secondary offices located in at least two different Member States, the negotiations provided for in art. 11. (2) at least 3 members of the existing european works councils or committees of each of the existing European works councils are elected members of the appointed times of the special negotiating body, the members elected or outside designated in application of the provisions laid down in article 21. 14-17. (3) for the duration of these negotiations, the existing european Works Council Committee continues to operate in accordance with the arrangements laid down by agreement between the members of this Committee and central management.
  


Article 26 of the agreement referred to in article 1. 22 does not apply the provisions of this law, subsidiary where he provides to the contrary.


Chapter IV Provisions Applicable to the subsidiary section 1 article 27 (1) the provisions of this chapter are applicable in any of the following situations: a) the central management and the special negotiating body so decide;
  

b) central management Refuses opening negotiations within six months from the date of application for the employees, in accordance with article 21(2). 11(2). (1);
  

c) within a period of 3 years from the date of application for employees, in accordance with article 21(2). 11(2). (1) the central management and the special negotiating body are unable to conclude an agreement and the special negotiating body has not taken the decision provided for in article 10. 21. (1) and (2) in the cases referred to in paragraph 1. (1) the european Works Council, in accordance with the provisions of this chapter.
  


Section 2 of the composition of the european Works Council Article 28 (1) the european Works Council shall be composed of employees of the Community-scale undertaking or group of undertakings elected or designated representatives of the employees of the times or, in the absence thereof, by all employees.
  

(2) the members of the european Works Council shall be elected or appointed in proportion to the number of employees employed in each Member State by the Community-scale group of undertakings times scale, allocating each Member State one seat for each installment of employees employed in that Member State which shall be 10% of the number of employees employed in all the Member States as a whole or a fraction of the quota in question.
  


Article 29 (1) the european Works Council shall adopt its rules of organization and operation.
  

(2) the rules of organization and operation will include a concrete mode of designation or election of its members, as well as issues relating to suspension, revocation times their warrants termination.
  


Article 30


(1) the central management shall check every 2 years if the number of employees has changed; in this case the number of members of a State must be readjusted.
  

(2) where such a change is found, the central management shall notify in writing to the Committee for undertaking this change.
  

(3) the european Works Council shall designate or choose new members under the conditions laid down in the rules of organization and operation, according to the provisions of art. 28 para. (2). Article 31 in order to ensure continuity within the european works councils, in the cases provided for in the rules of organization and operation, shall constitute a reserve list, according to the rules laid down in article 21. 16. Article 32 (1) to ensure the coordination of its activities, the european Works Council shall elect from among its members a limited Committee composed of no more than 5 members, who must have the necessary conditions in order to be able to work on a regular basis.
  

(2) the Select Committee referred to in paragraph 1. (1) adopt a regulation on the organisation and operation.
  


Article 33 the central management from Romania shall be informed of the composition of the european Works Council, the Select Committee as well as of the persons appearing on the list. She informs and managements of subsidiaries and branches of other secondary offices of the Community-scale undertaking and the management of enterprises which make up the Community-scale group.


Section 3 Jurisdiction and operation of the european Works Council in article 34 the competence of the european Works Council is established under the provisions of art. 3 paragraphs 1 and 2. (2) to (4).


Article 35 (1) the central management shall convene at least once a year, a meeting with the european Works Council, to inform and to consult on the evolution of the work of the Community-scale undertaking or group of undertakings and its prospects on the basis of a report drawn up by the central management.
  

(2) Informing the european Works Council shall have regard, in particular, the following aspects: a) the structure of the Community-scale undertaking or group of undertakings;
  

(b) economic and financial situation);
  

c) probable development of the undertaking or group of undertakings;
  

d) production and sales of the undertaking or group of undertakings.
  

(3) information and consultation of the european Works Council shall take into account, in particular, the following issues: the employment situation and forecasts) in this area;
  

b) investment;
  

c) main changes concerning organisation of undertakings or groups of undertakings;
  

d) introduction of new working methods or new production processes;
  

e) production, transfers, mergers reduce the size or closure of businesses, subsidiaries, branches or other secondary offices or important parts thereof;
  

f) collective redundancies.
  

4. Consultation shall take place so as to enable employees ' representatives to meet with the central management and obtain a reasoned response to any point of view that they might formulate.
  

(5) the central management will communicate to the meeting of the european Works Council and local senior managers with at least 15 calendar days before that.
  


Article 36 (1) Notwithstanding the provisions of article 4. 35, when exceptional circumstances arise or if some decisions which significantly affect the interests of employees, especially in the case of a change of venue, the closure of enterprises or subsidiaries, branches or other offices, collective redundancies, the Select Committee or, where none exists, the european Works Council has the right to be informed.
  

(2) in this situation, the european Works Council or, where appropriate, the Select Committee has the right to meet, at its request, with the central management from Romania or any other management level within the Community-scale undertaking or group of undertakings which has the power to make decisions, to be informed and consulted.
  

(3) at a meeting organised with the Select Committee also have the right to participate in members who have been elected or appointed by subsidiaries, branches or other offices and/or businesses that are directly affected by the measures or decisions in question.
  


Article 37 (1) meeting the information and consultation referred to in article 1. 36 takes place as soon as possible on the basis of a report drawn up by the central management or management organized at various levels.
  

(2) the european Works Council can express a point of view on the report at the end of the meeting or within a reasonable time but not later than 10 days from the date of the meeting.
  


Article 38 the meeting referred to in article 1. 36 cannot affect the prerogatives of the central leadership.


Article 39 information and consultation provided for in article 10. 36 shall be carried out without prejudice to the provisions laid down in article 21. 2 (2). (2) and in article 8. 50-52. Article 40 and after any meeting with the central management, the european Works Council or the Select Committee, which may be extended, where appropriate, under the provisions of art. 36 para. (3), shall be entitled to meet without the central management to be present.


Article 41 (1) the members of the european Works Council shall inform the representatives of the employees of Community-scale undertaking or group of undertakings or, in the absence thereof, all employees over the content and the outcome of the consultations undertaken and the missing information when forwarding under the provisions of this chapter.
  

(2) the provisions of paragraphs 1 and 2. (1) not exempt members of the european Works Council or the Select Committee members from the obligation of confidentiality laid down in art. 50. Article 42 (1) After 4 years from the date of the establishment of the european Works Council, it shall consider the need to initiate negotiations with a view to concluding an agreement under art. 22 or the application of the subsidiary taining referred to in this chapter.
  

(2) If it is decided to initiate a procedure for the negotiation, applies the provisions of art. 20, art. 22-26, art. 49 para. (3) the relevant provisions of this law, subsidiary and the role of the special negotiating body is met by the european Works Council.
  


Article 43 (1) the european Works Council or the Select Committee, where necessary, may be assisted by experts, at its choice, in so far as this is necessary for the performance of their duties.
  

(2) the central management situated in Romania shall bear the expenses for at least one expert.
  


Article 44 (1) the operating expenses of the european Works Council shall be borne by the central management situated in Romania, leadership that will establish, in collaboration with the european Works Council, its annual budget.
  

(2) the central management shall ensure that the members of the european Works Council financial and material resources to enable them to perform properly the obligations laid down by this law.
  

(3) the central management takes over, unless otherwise agreed, the costs of organizing meetings and translation, as well as expenditure related to movement and accommodation of the members of the european Works Council and members of the Select Committee.
  


Article 45 without prejudice to the ability of other bodies or organizations in this area, members of the european Works Council shall have the necessary means for the implementation of the rights arising from this law, to represent collectively the interests of employees of Community-scale undertaking or group of undertakings.


Article 46, without prejudice to art. 50 members of the european Works Council shall inform the representatives of the employees from subsidiaries, branches, or any establishment of secondary Community-scale undertakings or of the undertakings belonging to a group of undertakings or, in the absence of representatives of employees, taken as a whole, of the content and outcome of the information and consultation procedure carried out in accordance with the law.


Chapter V protection of employees ' representatives Article 47 (1) the members of the special negotiating body, the Committee of the european works councils and employees ' representatives employees in Romania shall be entitled, in the exercise of their functions, the rights provided for by the legislation in force for the representatives of the employees and persons chosen in the governing bodies of the trade union organizations.
  


(2) the provision of paragraph 1. (1) concerns, in particular, participation in the meetings of the special negotiating body of the time of european works councils or other meeting conducted under the agreement referred to in article 1. 22, and the payment of wages for members who are part of the Community-scale undertaking or group of undertakings, during the absence of the necessary for the exercise of their duties.
  

(3) the persons referred to in paragraph 1. (1) shall not be subjected to any discrimination, laid off or subject to other penalties as a result of the completion of their duties in accordance with the provisions of this law.
  

(4) the members of the special negotiating body, the Committee of the european works councils and employees ' representatives must be given the time and the means necessary to enable them to inform employees about the progress and outcome of the information and consultation process.
  


Article 48 in so far as this is necessary for the performance of their abolition of representation in an international framework, the members of the special negotiating body and of the european Works Council shall be provided with training without loss of salary.


Chapter VI Miscellaneous Provisions Article 49 (1) the relationships between Romania and the central leadership of the european Works Council shall be based on the principle of cooperation, with due regard for their reciprocal rights and obligations.
  

(2) the cooperation between the central management and employees ' representatives is required and the procedure for information and consultation of employees.
  

(3) negotiations between the central management and the special negotiating body shall be based on the principle of collaboration.
  


Article 50 Information of a confidential nature communicated by that means members of the special negotiating bodies, members of european works councils, experts and employees ' representatives may not be disclosed to third parties or after expiry of the term, regardless of where to find these people.


Article 51 (1) Romania's central Leadership is not obligated to disclose where, according to objective criteria, by their nature, would seriously affect the operation of the undertakings concerned or would be prejudicial to them.
  

(2) Romania's central Leadership is required in writing of the refusal to the motivation of the disclosure of the information referred to in paragraph 1. (1) article 52 Request coming from the central management privacy statement, namely the central leadership's decision not to disclose the information referred to in article 1. 51 it may be challenged by the european Works Council or the employees ' representatives from the competent courts within a period of 30 days.


Chapter VII liability of administrative offences, and Article 53 shall be imposed Constitutes fine from 2.000 to 4,000 lei lei the following acts: (a) the setting up, organisation) or obstructing the functioning of the special negotiating body, the european works councils or to prevent the establishment of the procedure for informing application times or consultation of employees by a member of the central leadership or management of another level within the Community-scale undertaking or group of undertakings times by a person acting on their behalf;
  

(b) a member of the discrimination) the special negotiating body, the Committee of the european Works Council or of a representative of employees, acting in accordance with the present law;
  

c) disclosure of information of a confidential nature by the persons to whom they were communicated in the framework of the procedures provided for by this law.
  


Article 54 Ascertainment of contraventions and penalties are carried out by bodies of the Ministry of labour, family and social protection authorities or by other bodies which, by law, entitled to carry out checks.


Article Offences referred to in article 55. 53 shall apply the provisions of Ordinance No. 2/2001 relating to the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.


Chapter VIII final provisions Article 56 (1) the provisions of this law shall be without prejudice to the Romanian legislation regarding: general framework of information) and consultation of employees;
  

b) specific information procedures and consultation in the event of collective redundancies;
  

c) specific information procedures and consultation in the event of a transfer of the undertaking.
  

(2) this Act does not affect the general level of protection of employees in the field of information and consultation of employees provided for in the Romanian legislation in force.
  


Article 57 this law shall enter into force on the date of accession of Romania to the European Union.
This law transposes directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a european Works Council or a procedure for informing and consulting employees in undertakings and groups of undertakings, as published in the official journal of the European Union (JOUE) No. L 122 of 16 May 2009;
provisions of art. 13(2). (1) of Council Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees, as published in the official journal of the European Communities (ECOJ) No. L 294 of 10 November 2001;
provisions of art. 15 para. (1) Council Directive 2003/72/EC supplementing the Statute for a European cooperative society with regard to the involvement of employees, as published in the official journal of the European Communities (ECOJ) No. L 207 of 18 august 2003.
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