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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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LEGE no. 217 217 of 5 July 2005 (* republished *) on the establishment, organisation and functioning of the European Works Council *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 889 889 of 15 December 2011



___________ Note * *) Republicated pursuant to art. II of Law no. 186/2011 to amend and supplement Law no. 217/2005 on the establishment, organization and functioning of the European Works Council, published in the Official Gazette of Romania, Part I, no. 763 of 28 October 2011, giving the texts a new numbering. Law no. 217/2005 was also republished in the Official Gazette of Romania, Part I, no. 250 250 of 13 April 2007. + Chapter I General provisions + Article 1 The provisions of this law govern the conditions relating to the establishment of the European Works Council or to the establishment of the procedure for informing and consulting employees in Community-scale enterprises and in the enterprises of Community dimension, with a view to improving the right to information and consultation of employees. + Article 2 (. The European Works Council or the information and consultation procedure shall be established, in accordance with the rules laid down in this Law, in each Community-scale undertaking and in each Community-scale group of undertakings, defined according to art 6. (2) The ways of informing and consulting the employees provided in par. ((1) shall be defined and applied on the basis of the principle of efficiency, so as to ensure the effective exercise of the right of information and transnational consultation of employees and to enable effective decisions by undertakings or groups of undertakings. (3) By exception to the provisions of par. ((1), where the Community-scale group of undertakings includes one or more undertakings or one or more groups of undertakings which are also of a Community dimension, the European Works Council shall be constitute at the level of the group, unless the agreement to which art is referred to. 22 provides otherwise. + Article 3 (1) The information and consultation of employees shall be carried out at a relevant level of management and representation, depending on the subject being treated. (2) For the purposes of paragraph (1), the competence of the European Works Council and the scope of the procedure for the information and consultation of workers, governed by this Law, shall be limited to transnational matters. (3) The transnational aspects referred to in par. (2) are those aspects which relate to the Community-scale undertaking or the group of undertakings of Community size, as a whole, or to at least two undertakings or subsidiaries, branches or other secondary offices of an undertaking or of the group, located in two different Member States. (4) In determining the character of the transnationality of an issue, the level of management and representation involved, as well as the extent of the possible effects on the force of force, shall be taken into account, irrespective of the number of Member States concerned. European work or involving transfers of activities between Member States. + Article 4 ((1) The information and consultation of the European Works Council shall be linked to the information and consultation of national employee representation bodies, taking due account of the powers and scope of intervention of each undertaking. of these and the principles set out in art. 3. ((2) The modalities of linking the information and consultation of the European Works Council with the information and consultation of the national bodies representing the employees are established by the agreement provided for in art. 22. (3) In the absence of the procedures provided in par. ((2) and where decisions are made that could make important changes to the organisation of work or collective agreements, the information and consultation processes shall be carried out concurrently, at national, branch or branch level. group of units, as the case may be, and within the European Works Council. ((4) Expression of a point of view by the European Works Council shall be without prejudice to the ability of the central management to organise the necessary consultations, while respecting the time limits laid down by the laws and/or practices national. + Article 5 The provisions of this law do not apply to seafarers in the commercial + Chapter II Definitions and scope + Section 1 Terms and expressions used + Article 6 Within the meaning of the provisions of this law, the following terms and expressions have the following meanings: 1. undertaking-a public or private entity carrying out an economic activity, whether for profit or not; 2. group of undertakings-a group comprising a controlling undertaking and controlled undertakings; 3. employees ' representatives-representatives of trade union organizations or persons elected and mandated to represent employees, according to the law and/or national practice; 4. Community-scale undertaking-the undertaking employing at least 1,000 employees in the Member States and, in at least two different Member States, at least 150 employees in each of them; 5 5. undertaking which exercises control within the group of undertakings-the undertaking which may exercise a dominant influence over another undertaking, referred to as a controlled undertaking, by virtue of ownership, participation financial or rules governing it. The ability to exercise a dominant influence shall be presumed, without prejudice to the contrary, where an undertaking, whether directly or indirectly, meets one of the following criteria: a) may appoint more than half of the members of the board, steering committee or supervisory board of another undertaking; b) controls the majority of votes attached to shares issued by another undertaking; c) holds the majority of the subscribed share capital of another undertaking. The voting and appointment rights which the controlling undertaking holds shall include those of any other controlled undertaking and those of any person or body acting on its own behalf, but in the the interest of the controlling undertaking or any other controlled undertaking. It is not considered to be an undertaking which exercises that controlling interest in another undertaking, where the first of them is found in one of the situations provided for in art. 11 lit. b) or c) of the Competition Law no. 21/1996 , republished, with subsequent amendments and completions. The exercise of a dominant influence shall not be presumed solely on the basis that a representative exercises his duties, in accordance with the provisions of the law, with regard to liquidation, bankruptcy, insolvency, termination of payments or a similar procedure. Where two or more undertakings in a group meet one or more of the criteria set out in point (a), a), b) or c) of this point, shall be considered an undertaking exercising that control which fulfils the criterion laid down in subparagraph. a), however, without excluding the possibility of proof that another undertaking has the capacity to exercise a dominant influence. The legislation applicable to determine whether an undertaking is a controlling undertaking is that of the Member State which governs that undertaking. If the legislation governing the undertaking is not that of a Member State, the applicable law shall be that of the Member State in whose territory the representative of the undertaking is situated or, in the absence of such representative, the management the central part of the group undertaking employing the highest number of employees; 6. the group of undertakings of Community size-the group of undertakings which cumulatively meets the following conditions: a) employ at least 1,000 employees in the Member States; b) contains at least two members of the group in different Member States; c) at least one group member undertaking employs at least 150 employees in one Member State and at least one other undertaking of the group employs a minimum of 150 employees in another Member State; 7. central management-the central management of the Community-scale undertaking or the central management of the undertaking which exercises control within the Community-scale group of undertakings; 8. information-the transmission of data by the employer to the employees ' representatives, in order to allow them to familiarize themselves with the subject matter and to examine it knowingly; the information is made at a time, in a way and with a appropriate content, in order to enable employees ' representatives to examine the matter adequately and to prepare, where appropriate, the consultation; 9. consultation-exchange of views and establishment of a dialogue between employees ' representatives and central management or any other management level. The consultation takes place: a) at a time, in a manner and with appropriate content, in order to allow employees ' representatives to draw up a point of view; b) on the basis of the information made available to employees ' representatives on the proposed measures to which the consultation c) without affecting the responsibilities of management; d) within a reasonable period of time, which may be taken into account in the Community-scale undertaking or group of undertakings of Community size; 10. the employee-person employed on the basis of an individual employment or apprenticeship contract; 11. the European Works Council-the committee constituted in accordance with the provisions of the head III or IV, in order to inform and consult employees; 12. special negotiating group-the group constituted in accordance with the provisions of art. 16 16 and 17, with a view to negotiating with the central management on the establishment of the European Works Council or the establishment of the procedure for informing and consulting employees; 13. Member States-the Member States of the European Union and the other States of the European Economic Area. In order to determine the number of employees, in the case of Community-scale undertakings and groups of undertakings of Community size, the average number of employees, including employees with an individual contract of employment, shall be taken into account. part-time work, employed during 2 years prior to the date on which the negotiation provided for in art. 11. + Section 2 Scope of application + Article 7 (. This Law shall apply to: a) Community-scale undertakings and groups of Community-scale undertakings which have the central management in Romania or in another Member State of the European Union or of the European Economic Area; b) Community-scale undertakings and groups of undertakings of Community size whose central management is not situated in a Member State, but has appointed a representative in Romania; c) Community-scale undertakings and groups of undertakings of Community size whose central management is not situated in a Member State nor has it appointed a representative in a Member State, where the subsidiary, the branch or any other secondary office of such an undertaking or, as the case may be, the group member undertaking that employs the highest number of employees in a Member State is situated in Romania. (2) In application of this law, the representative provided in par. ((1) lit. b) and, respectively, the management of the enterprise, branch, branch or any other secondary office provided in par. ((1) lit. c) are considered as central management. (3) The tasks and powers of the European Works Council, as well as the scope of the information and consultation procedure, cover all branches, branches and other secondary offices of the Community-scale undertaking in the territory of the the Member States and all the undertakings of the group of undertakings of Community size within the territory of the Member States, unless the agreement referred to in Article 2 (1) 22 22 sets out a wider scope. + Article 8 (1) The provisions of this Law do not apply to European companies established under Regulation (EC) no. 2.157/2001, 2.157/2001, as well as European cooperative societies established under Regulation (EC) No [...] 1.435/2003, 1.435/2003, where they are Community-scale undertakings or undertakings which exercise control over a group of undertakings of Community size. ((2) If the special negotiating group constituted within the companies referred to in par. (1) decides not to start negotiations or to end the negotiations already started, the provisions of this law are applicable. + Chapter III Establishment of the European Works Council or the establishment of the procedure for informing and consulting employees + Article 9 The central management is obliged to create the necessary conditions and means for the establishment of the European Works Council or for the establishment of the information and consultation procedure in undertakings or groups of undertakings Community dimension, in compliance with the provisions of this Law. + Article 10 ((1) The management of each undertaking within the Community-scale group of undertakings, of each subsidiary, branch or secondary establishment of a Community-scale undertaking, as well as the central management or management the central presumption of art. 7 7 para. ((1) lit. c) the undertaking or group of undertakings of Community size are responsible for obtaining and transmitting to the parties concerned by the application of this law the information necessary to open the negotiations referred to in Article 11 11, in particular the information relating to the structure of the undertaking or the group and its staff. (2) For the purposes of paragraph (1), the interested party means employees and representatives of employees of a company or group of enterprises of Community dimension, the central management located in Romania, the representative of the central management in Romania, in the case in which it was designated, or, in the absence of such a representative, the central management presumed within the meaning of art. 7 7 para. ((1) lit. c). (3) The information provided in par. (1) refers in particular to the information on the number of employees provided for in art. 6 6 section 4 4 and 6. (4) The information provided in par. ((1) are necessary in order to allow employees or their representatives to apply the request for the initiation of negotiations for the establishment of the European Works Council or for the establishment of the information procedure provided for in 11 11 and may not be subject to its receipt. + Section 1 Special negotiating group + Article 11 (1) The central management located in Romania shall initiate negotiations for the establishment of the European Works Council or for the establishment of the information and consultation procedure, ex officio or at the written request of at least 100 employees or, where applicable, their representatives from at least two undertakings or subsidiaries, branches or other secondary offices located in at least two different Member States. ((2) The request for the initiation of negotiations for the establishment of the European Works Council or for the establishment of the information and consultation procedure shall be addressed to the central management defined + Article 12 In order to set up the European Works Council or to establish the procedure for informing and consulting employees, a special negotiating group shall be created. + Article 13 The special negotiating group is intended to establish with the central management in Romania, through a written agreement, the scope, composition, duties and duration of the mandate of the European Works Council or Committees application of one or more procedures for informing and consulting employees. + Article 14 The special negotiating group shall be composed of the members appointed or elected in proportion to the number of employees employed in each Member State by the Community-scale undertaking or the Community-scale group of undertakings, by allocating to each Member State a place for each tranche of employees employed in that Member State representing 10% of the number of employees employed in all Member States as a whole or a fraction of that tranche. + Article 15 (1) In Romania the members of the special negotiating group are appointed by the representatives of the Romanian employees of the Community-sized enterprise or of the group of enterprises of Community dimension. In the event of the non-existence of these representatives, the members of the special negotiating group shall be appointed by a majority of the votes of the employees in Romania of the Community-scale undertaking or of ((2) Members of the special negotiating group may elect a president from among them and adopt a regulation of organization and functioning. (3) The organization and functioning regulation will include the concrete way of designating or choosing the members of the special negotiating group, as well as aspects regarding the suspension, revocation or termination of their mandates. + Article 16 In order to ensure continuity within the special negotiating group in situations provided for by the Organization and Functioning Regulation, a reserve list shall be set up, allocating to each Member State a replacement for each tranche of employees employed in the Member State, representing 10% of the number of employees employed in all Member States as a whole or a fraction of that tranche. + Article 17 (1) The central management located in Romania shall be informed of the composition of the special negotiating group and of the persons on the reserve list, as well as on the opening of negotiations. (. The central management shall also inform the management of the subsidiaries, branches and other secondary offices of the Community-scale undertaking, the management of the undertakings which compose the group of undertakings of Community size, as well as the competent European organizations of employees and employers, consulted by the European Commission on the basis of art. 154 the Treaty on the Functioning of the European Union (. The obligation of information shall lie with the parties. + Article 18 ((. The expenditure relating to the negotiations of the Agreement for the establishment of the European Works Council or for the establishment of the procedure for informing and consulting employees shall be borne by (2) The central management shall make all due diligence in order to ensure the members of the special negotiating group of the material and financial resources necessary for the performance ((3) In so far as the central management and the special negotiating group do not decide otherwise, when the special negotiating group is assisted by experts, the central management will bear the expenses only for an expert. + Section 2 Agreement on the establishment of the European Works Council or the establishment of the procedure for information and consultation + Article 19 (. The central management shall convene, within 30 days from the date of communication of the composition of the special negotiating group, a meeting with its members, for the purpose of concluding an agreement on the establishment of the European Works Council or establishing the procedure for informing and consulting employees. The central management informs about this local leadership. (. The special negotiating group shall have the right to meet before and after each meeting with the central management, having all the means necessary for the communication, without the representatives of the central management being present at those meetings. ((3) In order to carry out its tasks, the special negotiating group may be assisted by experts, at its choice, which may include representatives of trade union organizations referred to in art. 17 17 para. ((2). Such experts and trade union representatives may, at the request of the special negotiating group, assist in the negotiation meetings. + Article 20 In order to conclude the agreement provided for in 22 22, decisions of the special negotiating group shall be taken with the vote of the majority + Article 21 (1) The special negotiating group may decide, by a majority of two thirds of the votes, to stop negotiations with the central management or not to initiate them. (2) In the situation referred to in par. ((1) and in the absence of an agreement between the special negotiating group and the central management, by which it is decided otherwise, the special negotiating group shall dissolve. (3) A new request for convening, respectively the establishment of the special negotiating group may be introduced at the earliest after 2 years from the date of the decision provided in par. ((1), unless the parties fix a shorter period. (4) In case of a decision under the conditions of par. (1), the subsidiary provisions provided for in this Law are not applicable. + Article 22 (1) The agreement between the special negotiating group and the central management shall aim either to set up the European Works Council or to establish the procedure for informing and consulting employees. (. The Agreement shall be concluded in written form. (3) The agreement is without prejudice to the rights to information and consultation of employees, provided by the Romanian legislation in force. + Article 23 The Agreement on the establishment and operation of the European Works Committees shall at least: a) undertakings which compose the group of undertakings of Community size or subsidiaries, branches or other secondary offices of the Community-scale undertaking to which the agreement applies; b) the composition of the European enterprise committee, the number of members, the distribution of seats, taking into account the need for a balanced representation of employees according to activities, categories and sex, and the duration of the members ' mandate; c) the tasks and the procedure for informing and consulting the European Works Council, as well as how to link the information and consultation of the European Works Council and the information and consultation of national organisations representation of employees, in compliance with the principle set out in art. 3 3; d) place, frequency and duration of meetings of the Committee; e) where appropriate, the composition, the arrangements for the appointment, the attributions and the arrangements for bringing together the restricted committee set up within the f) the financial and material resources necessary for the operation, to be allocated to the Committee g) the date of entry into force of the agreement and its duration, the procedure for amending or terminating the agreement, the conditions and the procedure for its renegotiation, including, where appropriate, when changes to the structure of the enterprise Community dimension or group of undertakings of Community size. + Article 24 (. The central management and the special negotiating group may agree, by written agreement, to set up one or more information and consultation procedures, instead of constituting a European Works Council. (2) In the situation referred to in par. ((1), the agreement must provide for the concrete arrangements in which the employees ' representatives have the right to meet in order to be informed and to consult with the central management on the information communicated to them, respectively to meet the to discuss the information that is being communicated to them. (3) The information provided in par. ((2) relate, in particular, to transnational aspects which considerably affect the interests of the employees of the Community-scale undertaking or of the Community-scale group of undertakings. + Article 25 ((. Where there are significant changes to the structure of the Community-scale undertaking or of the Community-scale group of undertakings and, either in the absence of provisions laid down by the agreements in force, or in the case of conflicts between the provisions laid down in two or more applicable agreements, the central management shall initiate, on its own initiative or following receipt of a written request from at least 100 employees or their representatives from the one two companies or subsidiaries, branches or other secondary offices located in the Two different Member States, the negotiations provided for in art. 11. ((2) At least 3 members of the existing European Works Council or of each of the existing European Works Councils shall be appointed or elected members of the special negotiating group, outside the members elected or appointed in the application of the provisions laid down in 14-17. ((. During these negotiations, the existing European Works Council shall continue to operate in accordance with the arrangements adopted by agreement between the members of that committee and the central management. + Article 26 Agreement provided for in art. 22 the subsidiary provisions of this law do not apply to it, if the opposite is not provided for by it. + Chapter IV Subsidiary provisions + Section 1 Applicability + Article 27 (. The provisions of this Chapter shall be applicable in any of the following situations: a) the central management and the special negotiating group thus decide; b) the central management refuses to open negotiations within 6 months from the date of request of the employees, formulated according to art. 11 11 para. ((1); c) within 3 years from the date of application of the employees, formulated according to art. 11 11 para. (1), the central management and the special negotiating group are not able to conclude an agreement and the special negotiating group has not taken the decision provided for in art. 21 21 para. ((1). (2) In the situations provided in par. ((1) a European Works Council shall be established in accordance with the provisions of this Chapter. + Section 2 Composition of the European Works Council + Article 28 (. The European Works Council shall be composed of employees of the Community-scale undertaking or of the group of undertakings of Community size designated or elected by the representatives of the employees or, in the absence thereof, of all employees. ((. 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 undertaking or by the Community-scale group of undertakings, by allocating to each Member State a place for each tranche of employees employed in that Member State representing 10% of the number of employees employed in all Member States as a whole or a fraction of that tranche. + Article 29 (. The European Works Council shall adopt its rules of organisation and operation. (2) The Regulation on organization and functioning will include the concrete way of designating or electing its members, as well as aspects relating to the suspension, revocation or termination of their mandates. + Article 30 (1) The central management checks every 2 years if the number of employees has changed; in this case the number of members in a state must be readjusted. (. When such a change is established, the central management shall notify the European Works Council in writing of this change. (3) The European Works Council shall designate or elect the new members, under the conditions laid down in the rules of organization and functioning, according to the provisions of art. 28 28 para. ((2). + Article 31 In order to ensure continuity within the European Works Council, in the situations provided for in the Organization and Functioning Regulation, a reserve list shall be established, according to the rules laid down in art. 16. + Article 32 (1) In order to ensure the coordination of its activities, the European Works Council shall choose from among its members a small committee composed of no more than 5 members, which must have the necessary conditions to be able to carry out its activities. activity on a regular basis. (2) The restricted committee referred to in par. ((1) adopt a regulation of organization and functioning. + Article 33 The central management in Romania shall be informed of the composition of the European Works Council, the Committee and the persons appearing on the reserve list. It shall also inform the management of branches of branches and other secondary offices of the Community-scale undertaking, as well as the management of undertakings which compose the Community-scale group. + Section 3 Competence and functioning of the European Works Council + Article 34 The competence of the European Works Council shall be determined in accordance with 3 3 para. ((2)-(4). + Article 35 (. The central management shall convene, at least once a year, a meeting with the European Works Council, to inform and consult it on the progress of the business of the Community-scale undertaking or of the group of undertakings of Community dimension and its prospects, based on a report by the central management. ((. The information of the European Works Council shall, in particular, envisage the following aspects: a) the structure of the Community-scale undertaking or group of undertakings of Community size; b) their economic and financial situation; c) the likely evolution of the business or group of undertakings d) the production and sales of the undertaking or group of undertakings of Community size. ((. The information and consultation of the European Works Council shall, in particular, consider the following: a) the employment situation and the development forecasts in this field; b) investments; c) the main changes concerning the organisation of undertakings or groups of undertakings; d) the introduction of new working methods or new production processes; e) production transfers, mergers, reduction of the size or closure of undertakings, subsidiaries, branches or other secondary offices or parts thereof; f) collective redundancies. (4) The consultation shall take place in such a way as to enable the employees ' representatives to meet with the central management and to obtain a reasoned response to any point of view they may make. (5) The central management shall communicate the date of the meeting to the European Works Council and the Local Government, at least 15 calendar days before it. + Article 36 (1) By exception to the provisions of art. 35 35, when exceptional situations occur or in the case of decisions that considerably affect the interests of employees, in particular in the event of a change of headquarters, the closure of undertakings or subsidiaries, branches or other secondary offices, collective redundancies, the small committee or, if it does not exist, the European Works Council has the right to be informed. ((2) In this situation, the European Works Council or, as the case may be, the restricted committee shall have the right to meet, at its request, with the central management in Romania or with any other management level within the undertaking of a size community or group of undertakings of Community size which has the power to take decisions, to be informed and consulted. (3) At the meeting held with the restricted committee are also entitled to participate the members who have been elected or appointed by the subsidiaries, branches or other secondary offices and/or by enterprises that are directly affected by the measures or decisions That. + Article 37 (1) The information and consultation meeting provided for in art. 36 36 takes place as soon as possible, on the basis of a report prepared by the central management or by the conductions organised at different levels. (. The European Works Council may express a view on the report at the end of the meeting or within a reasonable period of time, but no later than 10 days after the date of the meeting. + Article 38 Meeting provided for in art. 36 36 may not affect the powers of the central management. + Article 39 Information and consultation provided for in art. 36 36 shall be carried out without prejudice to the provisions of art. 2 2 para. ((2) and in art. 50-52. + Article 40 Previously and after any meeting with the central management, the European Works Council or the restricted committee, which can be extended when appropriate, according to the provisions of art. 36 36 para. ((3), shall have the right to be reunited without the presence of the central management. + Article 41 ((. The members of the European Works Council shall inform the representatives of the employees of the Community-scale undertaking or of the group of undertakings of Community size or, in the absence thereof, of all employees on the the outcome of the briefings and consultations carried out according to the provisions (2) Provisions of para. ((1) may not exempt members of the European Works Committee or members of the committee restricted by the confidentiality obligation provided for in art. 50. + Article 42 (1) After 4 years from the date of establishment of the European Works Council, it shall examine the need for the initiation of negotiations with a view to concluding an agreement in accordance with 22 22 or the maintenance of the application of the subsidiary provisions of this Chapter. (2) If it is decided to initiate a negotiation procedure, the provisions of art. 20 20, art. 22-26 22-26, art. 49 49 para. ((3) and the subsidiary provisions of this Law, and the role of the special negotiating body is fulfilled by the European Works Council. + Article 43 (. The European Works Council or the Committee shall, where appropriate, be assisted by experts, in so far as it is necessary for the performance of their duties. (2) The central management located 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 located in Romania, which shall establish, in cooperation with the European Works Council, its annual budget. (. The central management shall provide the members of the European Works Council with the financial and material resources to enable them to fulfil their obligations laid down by this Law accordingly. (3) The central management shall take over, unless otherwise agreed, the costs of organising meetings and translation, as well as the expenditure relating to the movement and accommodation of the members of the European Works Council and of the members of the Committee Restricted. + Article 45 Without prejudice to the capacity of other bodies or organisations in this field, the members of the European Works Council shall have the necessary means of implementing the rights arising from this Law, for representation, collectively, the interests of employees of the Community-scale undertaking or of the group of undertakings of Community size + Article 46 Without prejudice to art. 50 50, the members of the European Works Council shall inform the representatives of employees in subsidiaries, branches or any other secondary establishment of Community-scale undertakings or undertakings belonging to a group of undertakings of community dimension or, in the absence of representatives, the totality of employees, with regard to the content and results of the information and consultation procedure put into practice under the law. + Chapter V Protection of employees + Article 47 ((1) The members of the special negotiating group, of the European Works Council and the representatives of employees employed in Romania shall enjoy, in the exercise of their functions, the rights provided by the legislation in force for employees and persons elected to the governing bodies of trade union organisations. (2) The provision of par. ((1) shall, in particular, concern the participation in meetings of the special negotiating group or of the European Works Council or any other meeting carried out within the framework of the agreement referred to in Article 1. 22, as well as the payment of the salary for members belonging to the staff of the Community-scale undertaking or of the group of undertakings of Community size, during the absence necessary for the performance of their duties. (3) Persons referred to in par. (1) may not be subject to discrimination, dismissed or subject to other sanctions, as a result of the performance of their duties in accordance with the provisions of this law. ((4) Members of the special negotiating group, the European Works Council and the representatives of the employees must be given the time and means necessary to enable them to inform the employees of the stage and results of the information and consultation process. + Article 48 Insofar as this is necessary for the exercise of their representation in an international framework, the members of the special negotiating group and the European Works Council shall be provided with training courses without losses. salary. + Chapter VI Various provisions + Article 49 ((1) The relations between the central management in Romania and the European Works Council are based on the principle of collaboration, in compliance with their mutual rights and obligations. (2) The collaboration between the central management and the employees ' representatives is also necessary in the framework of the procedure for informing and consulting employees. ((3) Negotiations between the central management and the special negotiating group are based on the principle of collaboration. + Article 50 The confidential information communicated with this title to the members of the special negotiating group, members of the European Works Council, experts as well as employees ' representatives cannot be disclosed to third parties even after expiry of the mandate, regardless of where these persons are found. + Article 51 (1) The central management in Romania is not obliged to communicate information when they, according to objective criteria, by their nature, would seriously affect the functioning of those enterprises or harm them. (2) The central management in Romania has the obligation to state in writing the refusal to disclose the information provided in par. ((1). + Article 52 The request from the central management of compliance with the confidentiality, namely the decision of the central management not to disclose the information provided in art. 51 may be challenged by the European Works Council or by the representatives of the employees at the competent courts within 30 days. + Chapter VII Contravention liability + Article 53 It constitutes contraventions and is sanctioned with a fine of 2,000 lei to 4,000 lei the following facts: a) obstructing the establishment, organization or operation of the special negotiating group, the European Works Council or preventing the establishment or application of the procedure for informing or consulting employees by a member of the central management or management of another level within a Community-scale undertaking or a group of undertakings of Community size or by a person acting on their behalf; b) discrimination of a member of the special negotiating group, of the European Works Council or of a representative of the employees, acting in accordance with this Law; c) disclosure of information of a confidential nature by persons to whom it was communicated in the framework of the procedures provided by this Law. + Article 54 The finding of contraventions and the application of sanctions shall be made by the control bodies of the Ministry of Labour, Family and Social Protection or other bodies that, according to the law, have the right to carry out control. + Article 55 Contraventions provided for in art. 53 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VIII Final provisions + Article 56 (1) The provisions of this Law are without prejudice to the Romanian legislation a) the general framework for information and consultation of employees; b) specific information and consultation procedures in case of collective redundancies; c) specific information and consultation procedures for the transfer of the company. (2) This law does not affect the general level of protection of employees in the field of information and consultation of employees provided by the Romanian legislation in force. + Article 57 This law takes effect on the date of Romania's accession 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 the information and consultation of workers in Community-scale undertakings and groups of undertakings, published in the Official Journal of the European Union (JOUE) no. L 122 of 16 May 2009; Art. 13 13 para. ((1) of Council Directive 2001 /86/EC supplementing the Statute of the European Company as regards the involvement of employees, published in the Official Journal of the European Communities (JOCE) no. L 294 of 10 November 2001; Art. 15 15 para. ((1) of Council Directive 2003 /72/EC supplementing the Statute of the European Cooperation Society on the involvement of employees, published in the Official Journal of the European Communities (JOCE) no. L 207 of 18 August 2003. ----