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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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LEGE no. 186 186 of 24 October 2011 to amend and supplement Law no. 217/2005 on the establishment, organisation and functioning of the European Works Council
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 763 763 of 28 October 2011



The Romanian Parliament adopts this law + Article I Law no. 217/2005 on 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, shall be amended and supplemented as follows: 1. In Article 2, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: " (1 ^ 1) 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. ' 2. After Article 2, two new articles are inserted, Articles 2 ^ 1 and 2 ^ 2, with the following contents: "" Art. 2 2 ^ 1. -(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 2 ^ 2. --(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. 2 2 ^ 1. ((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. 19. (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. " 3. In Article 4, a new point shall be inserted after point 7, point 7 ^ 1, with the following contents: "" 7 ^ 1. 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 content accordingly, in order to allow employees 'representatives to examine the matter adequately and to prepare, where appropriate, the consultation;'. 4. In Article 4, paragraphs 8 and 12 shall be amended and shall read as follows: "" 8. 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; ........................................................................... 12. 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. 8 8. " 5. After Article 7, a new article is inserted, Article 7 ^ 1, with the following contents: "" Art. 7 7 ^ 1. --(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 central management presumed within the meaning of art. 5 5 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 8 8, 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. 5 5 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. 4 4 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 8 8 and may not be subject to its receipt. " 6. Article 11 is amended and shall read as follows: "" Art. 11. -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 group of undertakings of size community, allocating to each Member State a place for each tranche of employees employed in that Member State which represents 10% of the number of employees employed in all Member States as a whole or a fraction of the tranche that. " 7. Article 13 shall be amended and shall read as follows: "" Art. 13. -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. ' 8. Article 14 is amended and shall read as follows: "" Art. 14. -(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 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. " 9. In Article 16, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) 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. 14 14 para. ((2). Experts and trade union representatives may, at the request of the special negotiating group, assist in the negotiation meetings. '; 10. in Article 19, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The agreement shall be without prejudice to the rights to information and consultation of employees, provided by the Romanian legislation in force." 11. in Article 20, letters b) and c) shall be amended and shall read as follows: " b) the composition of the European Works Council, the number of members, the distribution of seats, taking into account the need for a balanced representation of employees on the basis of activities, categories and sex, and the term of office of members; 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. 2 2 ^ 1; '. 12. In Article 20, after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: "" d ^ 1) as the case may be, the composition, the modalities of appointment, the attributions and the arrangements for bringing together the restricted committee constituted within the European Works Council 13. In Article 20, letter f) is amended and shall read as follows: " f) 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 undertaking Community dimension or group of undertakings of Community dimension. ' 14. After Article 21, a new article is inserted, Article 21 ^ 1, with the following contents: "" Art. 21 21 ^ 1. --(1) Where significant changes in the structure of the Community-scale undertaking or the Community-scale group of undertakings intervene 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 at least two undertakings or subsidiaries, branches or other secondary offices located in the Two different Member States, the negotiations provided for 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 group, outside the members elected or appointed in the application of the provisions laid down in 11-14. ((. 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. " 15. In Article 24, paragraph 2 shall be amended and shall read as follows: "" (2) 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 group of undertakings of size community, allocating to each Member State a place for each tranche of employees employed in that Member State which represents 10% of the number of employees employed in all Member States as a whole or a fraction of the tranche that. " 16 articles 26 and 27 shall be repealed. 17. In Article 28, paragraph 3 shall be amended and shall read as follows: " (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. 24 24 para. ((2). ' 18. Article 29 is amended and shall read as follows: "" Art. 29. -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. 13 13. " 19. In Article 30, paragraph 1 shall be amended and shall read as follows: "" Art. 30. -(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. " 20. Article 32 is amended and shall read as follows: "" Art. 32. -The competence of the European Works Council shall be determined in accordance with Article 2 ^ 1 para. ((2)-(4). ' 21. Article 33 (1) shall be amended and shall read as follows: "" Art. 33. -(1) 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, on the basis of a report drawn up by the central management. " 22. In Article 33, after paragraph (1), three new paragraphs are inserted, paragraphs 1 ^ 1 to 1 ^ 3, with the following contents: "" (1 ^ 1) The information of the European Works Council shall, in particular, consider the following: 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. ((1 ^ 2) 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. ((1 ^ 3) 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.' 23. Article 34 is amended and shall read as follows: "" Art. 34. -(1) By exception to the provisions of art. 33 33, 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 were elected or appointed by the subsidiaries, branches or other secondary offices and/or by enterprises that are directly affected by the measures or decisions 24. After Article 36, a new article is inserted, Article 36 ^ 1, with the following contents: "" Art. 36 36 ^ 1. -Information and consultation provided for in art. 34 34 shall be carried out without prejudice to the provisions of art. 2 2 para. ((1 ^ 1) and art. 44-46 44-46. " 25. Article 37 is amended and shall read as follows: "" Art. 37. -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. 34 34 para. ((3), shall have the right to be reunited without the presence of the central management. " 26. After Article 41, two new articles are inserted, Articles 41 ^ 1 and 41 ^ 2, with the following contents: "" Art. 41 41 ^ 1. -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, in a manner collectively, the interests of employees of the Community-scale undertaking or of the group of undertakings of Community size Art. 41 ^ 2. -Without prejudice to art. 44 44, 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. " 27. After Article 42, a new article is inserted, Article 42 ^ 1, with the following contents: "" Art. 42 42 ^ 1. -In so far 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. " 28. Article 50 is amended and shall read as follows: "" Art. 50. -(1) The provisions of this Law are without prejudice to the Romanian legislation on 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. " 29. The first point of the explanatory text on the transposition of the Community rules is amended and shall read as follows: " 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; '. + Article II Law no. 217/2005 on 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, with the amendments and additions made by this law, shall be republished, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, October 24, 2011. No. 186. --------