Law No. 186 Of 24 October 2011 Amending And Supplementing Law No. 217/2005 Regarding The Establishment, Organization And Functioning Of The European Works Council

Original Language Title:  LEGE nr. 186 din 24 octombrie 2011 pentru modificarea şi completarea Legii nr. 217/2005 privind constituirea, organizarea şi funcţionarea comitetului european de întreprindere

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LAW no.
186 of October 24, 2011 amending and supplementing Law no. 217/2005 regarding the establishment, organization and functioning of the European Works Council
Issued



PARLIAMENT Published


Official Gazette no. 763 of October 28, 2011

Romanian Parliament adopts this law.

Article I


Law. 217/2005 regarding the establishment, organization and functioning of the European Works Council, republished in the Official Gazette of Romania, Part I, no. 250 of 13 April 2007, is amended and supplemented as follows:
1. In Article 2, paragraph (1) insert a new paragraph (1 1) as follows:
"(1 1) The arrangements for informing and consulting employees in para. (1) is define and apply efficient basis so as to ensure effective exercise of the right to transnational information and consultation of employees and enable effective decision making by companies or groups of companies. "
2. After Article 2 insert two new articles 2 ^ 2 ^ 1 and 2 as follows:
"Art. 2 ^ 1. - (1) Information and consultation of employees must occur at the relevant level of management and representation, depending on the subject matter.

(2) for purposes of par. (1), the competence of European Works Councils and the scope of information and consultation procedure for workers governed by this law is limited to transnational issues.


(3) transnational issues in para. (2) are those aspects that relate to Community-scale undertaking or Community-scale group of undertakings as a whole or at least two undertakings or subsidiaries, branches or side of an undertaking or group situated in two different Member States.


(4) determining whether transnationality of matter are taken into account, regardless of the number of Member States involved, the level of management and representation that it involves and the extent possible effects on the European labor or which involve transfers of activities between Member States.


Art. 2 ^ 2. - (1) Information and consultation of the EWC information and consultation are correlated with national representative bodies of the employees, taking due account of the competences and areas of action of each and to the principles set out in art. 2 ^ 1.

(2) arrangements for linking information and consultation of the European Works Council to inform and consult employees' national representative bodies are established by the agreement referred to in Art. 19.


(3) In the absence of procedures laid down in para. (2) and if where decisions likely to substantial changes in work organization or collective agreements, processes information and consultation takes place simultaneously at national, sectoral or group of units after appropriate and within the EWC.


(4) Expression of an opinion by the EWC not affect the central leadership to hold the necessary consultations, respecting the schedules laid down by national legislation and / or practice. "
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. in Article 4, paragraph 7, insert a new paragraph, paragraph 7 ^ 1, as follows:
"7 ^ 1. information - data transmission by the employer to the employees' representatives to enable them to familiarize themselves with the subject matter and to examine it knowingly; notification is in a moment, in a manner and with a content appropriate to enable employees' representatives to examine the issue properly and prepare, where appropriate, consultation; ".
4. Article 4 paragraphs 8 and 12 are amended to read as follows:
. "8 consultation - exchange of views and establishment of dialogue between employees' representatives and central management or any other management level. Consultation takes place:

A) at a time, in a manner and with a content appropriate to allow employee representatives to develop a point of view;


B) based on information available to the employee representatives on the proposed measures to which the consultation;


C) without prejudice to the responsibilities of management;


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



12. Member States - Member States of the European Union and other countries EES.

Determining the number of employees in Community-scale undertakings and Community-scale groups of undertakings, take into account the number of employees, including employees employed under individual employment contract part-time employees during the 2nd years preceding the date of negotiation was initiated under art. 8. "
5. After Article 7 a new article, Article 7 ^ 1, as follows:
" Art. 7 ^ 1. - (1) The management of each company within the group of Community-scale undertaking, each subsidiary, branch or each branch office of a Community-scale undertakings and the central management or the deemed central management within the meaning of art. 5 paragraph. (1) c) undertaking or group of undertakings Community dimension are responsible for obtaining and transmitting to the application of this law stakeholders the information necessary negotiations referred to in art. 8, especially information relating to the company structure or of the group and its workforce.

(2) For purposes of par. (1) by any interested party means employees and representatives of employees of an undertaking or group of undertakings Community-scale central management situated in Romania, the central leadership in Romania, where it has been designated, or, in the absence of such a representative, deemed central management within the meaning of art. 5 paragraph. (1) c).


(3) The information provided in par. (1) refers in particular to information on the number of employees referred to in Art. 4 pt. 4 and 6.


(4) The information provided in par. (1) are required to allow employees or their representatives to address its request to start negotiations for the establishment of European Works Council or a procedure for informing provided in art. 8 and may be conditional on receipt. "


6. Article 11 is amended to read as follows:
" Art. 11. - The special negotiating body is composed of members appointed or elected in proportion to the number of employees employed in each Member State by the Community-scale undertaking or Community-scale group of undertakings, by allocating in each Member State one seat per portion of employees employed in that Member State which equals 10% of the number of employees employed in all Member States as a whole or a fraction thereof. "
7. Article 13 is amended to read as follows: || | "Art. 13. - In order to ensure continuity within the special negotiating situations in the Rules of organization and functioning, constitute a reserve list, allocating in each Member State one substitute per portion of employees employed in the Member State concerned that 10% of the number of employees employed in all Member States as a whole or a fraction thereof. "
8. Article 14 is amended to read as follows:
" Art. 14. - (1) The central management situated in Romania is informed of the composition of the special negotiating and persons appearing on the reserve list and on opening negotiations.

(2) The central government also inform, local management and other secondary offices of the Community-scale undertaking, the managements of enterprises that make up the group of Community-scale undertaking and the competent European workers 'and employers' consulted by the European Commission under art. 154 of the Treaty on the Functioning of the European Union.


(3) Information obligation lies with the parties. "


9. Article 16 (2) and (3) is amended to read as follows:
" (2 ) the special negotiating body has the right to meet before and after each meeting with central management, using any necessary means for communication, without representatives of the central management being present at meetings.

(3) In order to fulfill its tasks, the special negotiating body may be assisted by experts of its choice which can include representatives of trade unions provided for in art. 14 para. (2). Experts and trade union representatives may assist in an advisory capacity at negotiation meetings at the request of the special negotiating. "


10. In Article 19, after paragraph (2) insert a new paragraph (3) as follows:
"(3) This Agreement shall not affect rights to information and consultation of employees provided by the Romanian law."

11. In Article 20, letters b) and c) is amended to read as follows:
"b) the composition of the EWC, number of members, the allocation of seats, taking into account the need for balanced representation of employees by activities , category and gender, and the term of office;

c) the functions and the procedure for informing and consulting the European Works Council and the arrangements for linking information and consultation of the European Works Council and information and consultation national organizations representing employees, respecting the principle set out in art. 2 ^ 1. ";


12. In Article 20, after point d) introduce a new letter, d ^ 1) as follows:
"d ^ 1) where appropriate, the composition, the appointment, tasks and procedural rules of the select committee set within the European Works Council; ".
13. In Article 20, paragraph f) is amended to read as follows:
'f) the entry into force of the agreement and its duration, the procedure for amending or terminating the agreement, conditions and procedure for its renegotiation, including, where appropriate, when the structure of the Community-scale undertaking or group of undertakings Community dimension. "
14. After Article 21 insert a new Article 21 ^ 1, as follows:
"Art. 21 ^ 1. - (1) If the structure changes significantly Community-scale undertaking or group of undertakings Community dimension and be in the absence of provisions established by the agreements in force or in the event of conflicts between the provisions of two or more applicable agreements, central management initiates its own initiative or upon receipt of a written request from at least 100 employees or their representatives in at least two undertakings or subsidiaries, branches or other secondary offices in at least two different Member States, the negotiations referred to in art. 8

(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 body, in addition to the members elected or appointed pursuant to the provisions of art. 11-14.


(3) During the negotiations, the existing European Works Council continues to operate in accordance with rules adopted by agreement between the committee members and central management. "


15. Article 24 (2) is amended to read as follows:
"(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 undertaking or group Community-scale undertaking, allocating in each Member State one seat per portion of employees employed in that Member State which represent 10% of the number of employees employed in all Member States as a whole or a fraction thereof. "
16. Articles 26 and 27 are repealed.
17. Article 28 (3) is amended to read as follows:
"(3) the European Works Council shall nominate or to elect new members, conditions laid down in the rules of organization and operation, according to art. 24 para. (2). "
18. Article 29 is amended to read as follows:
" Art. 29. - To ensure consistency in the EWC, where provided for in the rules of organization and functioning, constitute a reserve list, according to the rules laid down in art. 13. "
19. Article 30 (1) is amended to read as follows:
" Art. 30. - (1) To coordinate its activities EWC choose from among its members a select committee comprising at most five members, which must have the conditions necessary to be able to operate regularly. "
20. Article 32 is amended to read as follows:
" Art. 32. - Jurisdiction European Works Council shall be established according to Art. 2 ^ 1 par. (2) - (4). "
21. In Article 33, paragraph (1) shall be amended to read as follows:
" Art. 33. - (1) The central management shall convene at least once a year, a meeting of the European Works Council to inform and consult on business development Community-scale undertaking or group of undertakings and Community-scale prospects, according to a report by the central leadership. "

22. In Article 33, after paragraph (1) introduces three new paragraphs (1 1) - (1 ^ 3), as follows:
"(1 1) Inform the European Works Council is considering, in particular, the following:

a) the structure of the Community-scale undertaking or group of undertakings Community dimension;


b) their economic and financial situation;
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c) probable development of the undertaking or group of undertakings;


d) production and sales undertaking or group of undertakings Community dimension.


(1 ^ 2) Information and consultation of the European Works Council shall consider, in particular, the following:

a) employment situation and forecasts of development in this area; b


) investments;


c) major changes to the organization or enterprise clusters;


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


E) transfers of production, mergers, cut-backs or closures of undertakings, subsidiaries, branches or other secondary establishments or important parts thereof;


F) collective redundancies.


(1 ^ 3) Inspection takes place to enable employees' representatives to meet with the central management and obtain a reasoned response to every prospect that they might express. "
23. Article 34 is amended and reads as follows:
"Art. 34. - (1) Notwithstanding the provisions of art. 33, when an unusual event or in the case of decisions which significantly affect workers' interests, especially when changing seat, closing businesses or subsidiaries, branches or other secondary offices, collective redundancies, the select committee or, if it does not exist, the European shall have the right to be informed.

(2) In this situation, the European works council or, where applicable, the select committee has the right to meet, at its request, the central management in Romania or any other level of management within the Community-scale undertaking or group of Community-scale undertaking which has the power to take decisions, to be informed and consulted.


(3) At the meeting organized with the select committee are also entitled to attend members who were elected or appointed subsidiaries, branches or subsidies and / or undertakings which are directly affected by the measures or decisions. "| ||

24. After Article 36 insert a new Article 36 ^ 1, as follows:
"Art. 36 ^ 1. - Information and consultation provided for in art. 34 shall be without prejudice to the provisions of art. 2 para. (1 1) and art. 44-46. "
25. Article 37 is amended to read as follows:
" Art. 37. - Before and after any meeting with the central management, the European Works Council or the select committee, which could be extended if necessary, according to Art. 34 para. (3) it has the right to meet without the central management being present. "
26. After Article 41, insert two new articles 41 ^ ^ 2 1:41, as follows:
" Art. 41 ^ 1. - Without prejudice to the competence of other bodies or organizations in this respect, members of the European Works Council have the means of enforcing your rights under this law, to represent collectively the interests of employees' Community-scale undertaking or group Community-scale undertakings.
Art. 41 ^ 2. - Without prejudice to art. 44 members of the European Works Council shall inform the representatives of employees of subsidiaries, branches or any other branch office Community-scale undertakings or of the undertakings of a group of Community-scale undertaking or, in the absence of representatives, all employees of the content and results information and consultation procedure carried out in accordance with the law. "
27. After Article 42 insert a new Article 42 ^ 1, as follows:
" Art. 42 ^ 1. - To the extent that this is necessary for the exercise of their representative duties in an international environment, members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages. "
28. Article 50 is amended to read as follows:
"Art. 50. - (1) The provisions of this law do not infringe Romanian legislation on:

A) the general framework for informing and consulting employees;



B) the specific information and consultation procedures to collective redundancies;


C) the specific information and consultation procedures for transfer of the undertaking.


(2) This Law shall not affect the general level of protection for employees in the field of information and consultation of employees provided by the Romanian law. "


29. The first point of the explanatory text on rules transposing Community shall be amended to read as follows:
"Directive 2009/38 / EC of the European Parliament and of the Council of 6 May 2009 concerning the establishment of a European Works Council or a procedure for informing and consulting employees in undertakings and groups Community-scale undertakings, published in the Official Journal of the European Union (OJEU) no. L 122 of 16 May 2009 ". Article II




Law no. 217/2005 on the establishment, organization and functioning of the European Works Council, republished in the Official Gazette, part I, no. 250 of 13 April 2007, as amended and supplemented by this law, will be republished, giving the texts a new numbering.
This law was adopted by the Parliament of Romania, in compliance with art. 75 and art. 76 par. (2) of the Romanian Constitution.
Chamber of Deputies Roberta Alma Anastase


SENATE MIRCEA-DAN GEOANĂ
Bucharest, October 24, 2011. | || Nr. 186. --------

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