Law (2011:427) On European Works Councils

Original Language Title: Lag (2011:427) om europeiska företagsråd

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:427

The law's content and purpose



section 1 of this Bill provides for the establishment of the European

Works Council comprising workers ' representatives or the introduction of

another procedure for informing and consulting employees in

cross-border issues in Community-scale undertakings and groups

appears in at least two EEA States.



section 2 Procedures for informing and consulting employees shall be

effective and be implemented as to Community-scale undertakings and

corporate groups can make decisions effectively. Therefore,



1. information is given at a time, in a manner and with a content which

provide employee representatives with the opportunity to conduct a thorough assessment

of any consequences and, where appropriate, prepare consultations with the

Community-scale undertaking or group of undertakings, and



2. consultations take place through the establishment of dialogue and exchange of views between

employee representatives and the Community-scale undertaking or group of undertakings

at a time, in a manner and with a content which allows

the employees ' representatives, on the basis of the information they

a review, within a reasonable time to comment on proposed measures so that the

can be taken into account in the decision-making process of the Community-scale undertaking or

the company group.



Definitions



section 3, for the purposes of this law



-EEA States: the States of the European Union and other States which

covered by the EEA Agreement,



company: an economic activity in the private or public sector that

carried out by a natural or a legal person,



-Community Enterprise: a company that has operations in at least two EEA

States,



-controlling undertaking means an undertaking which exercises a determining

influence over another undertaking,



-controlled undertaking "means an undertaking to another undertaking exercises

control of,



-Enterprise Group: a group of companies, which have business in at least two EEA

States, in which a controlling undertaking and at least a controlled company

included, and



-cross-border issue: an issue that affects the whole community company

or corporate group, or at least two of their activities in various EEA

States.



In the 7 to 13-16 sections, there are specific provisions on monitoring

companies.



The scope of the law



section 4 of this Act applies to



1. undertakings which have been



-at least 1 000 employees in the EEA States, of which



-at least 150 employees in each of at least two EEA States, and



2. corporate groups that have



-at least 1 000 employees in the EEA States, of which



-at least 150 workers in at least one of their businesses in an EEA State and

at least 150 workers in at least one of its establishments in another EEA State.



The number of workers in Sweden are calculated as the average number of

workers during the two preceding financial years.



section 5 of this Act applies when the Community-scale undertaking or the controlling

the company in a business group has its headquarters in Sweden.



If the Community-scale undertaking or a controlling undertaking of a

the corporate group is not based in any EEA Member State, apply the law when



1. the Community-scale undertaking or a controlling undertaking has designated a

branch or a company in Sweden to meet the obligations

follow by European Parliament and Council directive 2009/38/EC of 6 may

2009 on the establishment of a European Works Council or a procedure in

Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing

and consulting employees, or



2. it has not appointed any business or any business in any EEA

State to answer for the obligations under Directive 2009/38/EC and the

branch or the controlled undertaking employing the greatest number of employees in the

The EEA is in Sweden.



The provisions in section 18 if the obligation for branches and

controlled companies in Sweden, 24, 25 and 38-40 section on how

representatives from Sweden shall be appointed and in paragraph 56 on the protection of

workers ' representatives applies regardless of where the Community-scale undertaking or

the controlling company of a group of undertakings is situated.



section 6, in the case referred to in paragraph 5 of the second paragraph, it is stated in this

Act on the Community-scale undertaking or controlling undertaking within a group of companies

apply to the branch or company under that provision makes

the law applicable.



section 7 If a Community Enterprise or company in a business group is

controlled by another company in an EEA State, the provisions of

Community-scale undertaking or a controlling undertaking within a group of companies does not

applicable to the controlled company.



Exemptions for certain community enterprises or enterprise groups



section 8 Of the following community enterprises or enterprise groups, only 59-62

§ § for damages and trial shall apply:



1. Community companies or groups of companies that since 22 september

in 1996 had a valid contract for the transnational information and

consulting employees which included Community-scale undertaking or

all business activities of the group in the EEA States with the exception of

United Kingdom United Kingdom and Northern Ireland. If your company or

the Group on 1 July 2000, the activity also in the United

Kingdom, the agreement must last from that time have included also the

the business.



2. Community companies or groups of companies that have fallen within the appli-

the scope of the Act (1996:359) on European works councils since 1

March 2000 is only due to the scope of the law then widened

to include operations in the United Kingdom United Kingdom and

Northern Ireland and which at that time had a valid contract for

transnational information and consultation of employees, if

the agreement covered all Community undertaking or group of undertakings

workers in the EEA States.



3. Community companies or enterprise groups which sometime during the period

from 5 June 2009 to 5 June 2011 entered into or

renewal of existing agreements as referred to in section 21 or 22 Act on European

works councils.



At a substantial restructuring of the Community-scale undertaking or business-

the groups referred to in the first subparagraph shall, however, also 1, 4-7, 9-19, 21-36, § § § 53

first subparagraph, and 55, 56 and § 58 shall apply.



If an agreement referred to in the first subparagraph has expired or will expire, the law

apply in their entirety to the Community-scale undertaking or group of undertakings. If

the agreement has been renewed, or renewed, however, the law still only

under the first subparagraph.



The European company



§ 9 About a Community-scale undertaking or a controlling undertaking of a

the corporate group is a European company under Council Regulation (EC) no

2157/2001 of 8 October 2001 on the Statute for a European company, should this law

not apply to the SE or its subsidiaries.



The law shall, however, apply to an SE and its subsidiaries on

negotiating delegation under section 21 of the Act (2004:559) if

the involvement of employees in European companies decided to refrain from launching

negotiations on an agreement on the involvement of employees in the European company or

to cancel such negotiations.



Where a Community-scale undertaking or a controlling undertaking of a

business group becomes the subsidiary of a European company after its

formation, this law shall apply to subsidiary, if it is not covered

of influence according to the Act on employee involvement in European companies.



The European cooperative



section 10 where a Community-scale undertaking or a controlling undertaking of a

the corporate group is a European cooperative pursuant to Council Regulation (EC) no

1435/2003 of 22 July 2003 on the Statute for a European cooperative

associations (SCE), this Act shall not apply to

Europe the cooperative or its subsidiary.



The law should be applied in a European cooperative and its subsidiaries

If the negotiating delegation under section 24 of the Act (2006:477) if

the involvement of employees in European cooperative decided to refrain from

open negotiations on an agreement on the involvement of employees in

European cooperative or to cancel such negotiations.



Where a Community-scale undertaking or a controlling undertaking of a

business group becomes the subsidiary of a European cooperative after its

formation, this law shall apply to subsidiary, if it is not covered

of influence according to the Act on employee involvement in European cooperatives.



Activities of non-profit nature or with public outreach purposes



section 11 of the activity of religious, scientific, artistic or other

non-profit or cooperative, Trade Union, political or other

public outreach purposes shall be excluded from the scope of application of the law in question

If the business ' goals and focus.



Derogations by collective agreements



section 12 By a collective agreement concluded or approved by a

the central workers ' organization may be made for derogations from this law.



Deviations shall not be made if the agreement means that less favourable

rules should be applied to the workers ' side than resulting from directive

2009/38/EC.



Controlling undertaking



section 13 unless shown otherwise, an entity shall be considered to be a decisive

influence over another undertaking where it is in their own or someone else's name



1. has the right to appoint more than half of the members of the other

the company's Board of directors or equivalent governing body;



2. controls more than half of the votes of the shares or units of

the company, or



3. owns more than half of the shares or units of the company.



section 14 if several companies within a group shall be considered to be pursuing a decide-mande

influence over another undertaking, shall in the first instance, the company

referred to in section 13 (1) and, in the alternative, the companies referred to in paragraph 13 of the 2 are considered


controlling undertaking.



The first paragraph is only valid if it does not appear that another company

exercises a dominant influence.



section 15 of Such investment firms referred to in article 3(5)(a) or 3.5 c in

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of

mergers should not be considered as controlling enterprises in

relation to other companies because of the share holdings.



section 16 of A liquidator, administrator or liquidator shall at

the application of this law are not considered to exercise a dominant influence

across a company.



The company's liability



The duty to actively promote a European Works Council



section 17 of the Community-scale undertaking or a controlling undertaking of a

the corporate group should actively promote the establishment of a European

Works Council or the introduction of any other procedure for information

and consulting employees.



Transmission of information for negotiations



section 18 of the Community-scale undertaking or a controlling undertaking of a

the corporate group should the workers provide information required to

negotiations under section 27 to be initiated. Such information shall be provided

through another company within the group or activity in

Community Enterprise if workers request it.



Controlled companies in a group of companies and branches of a

Community enterprises are going to the controlling company of a group

or undertakings within the EEA, provide the information needed to

controlling businesses and community enterprises to fulfil their

obligation to provide information to workers.



Opening of negotiations



section 19 of the initiative for negotiations on the creation of a European

works councils or the introduction of any other procedure for information

and consulting employees or new such negotiations may be



1. of the Community-scale undertaking or a controlling undertaking of a before-

tags together, or



2. in writing of at least 100 employees or authorized representatives

for those at least two businesses or companies in at least two EEA States.



section 20 When the Community-scale undertaking or group of undertakings within the meaning of §§ 4-11

covered by the scope of the law and initiatives have been taken in accordance with

§ 19, should the Community-scale undertaking or a controlling undertaking of a

business group to enter into negotiations about the creation of a European

works councils or the introduction of any other procedure for information

and consulting employees.



The first paragraph does not apply when there is an agreement on information and

consultation on cross-border issues covering all workers in

undertaking or group of undertakings and concluded under the Act

(1996:359) on European works councils or as 24-35 § § the Act has

applied.



section 21 at the essential restructuring of the Community-scale undertaking or

the company group and then initiatives have been taken under section 19, shall

Community-scale undertaking or a controlling undertaking within a group of companies

initiate new negotiations on the establishment of a European Works Council

or the introduction of any other procedure for information and consultation

with workers.



The first paragraph does not apply when an agreement on information and consultation of

cross-border issues involving all employees in the EEA in

the company or company group governs what to apply for material

restructuring.



The negotiating delegation for the workers



The establishment of a negotiating delegation



section 22 When negotiations should be initiated under section 20 or 21, shall a

the negotiating delegation for the workers set up in accordance with 23-

25 sections.



Negotiation delegation representing the employees of Community-scale undertaking

or the group in negotiations on an agreement on a European

Works Council or another procedure for informing and consulting

with workers.



Composition



section 23 of the employees of Community-scale undertaking or group of undertakings in each

EEA State to be assigned a place in the workers ' delegation

for each full or stub-tenth like they make up all

workers in Community-scale undertaking or group of undertakings in all EEA

States.



When new negotiations should commence at the significant restructuring,

In addition to the seats allocated under the first subparagraph, where appropriate

each of the existing European Works Council in Community-scale undertaking

or company group is assigned to three sites in the negotiating delegation.

Members of these sites will be designated within each Council.



section 24 Members from Sweden in the workers ' negotiating team appointed

of the local organizations in Sweden that are bound

of the collective agreement in relation to Community-scale undertaking or

several companies in a corporate group.



If there are multiple collective contracted local employee associations

and these do not agree otherwise, the following sequence to

designate one or more members. In the case of a member, he shall

be appointed by the local trade union representing the largest number of

Community-scale undertaking or the Group's collective contractual

workers in Sweden. In the case of several members, the

order apply to how workers ' representatives appointed as listed in section 8

the second and third paragraphs of the law (1987:1245) on board representation for

the private employees.



Local organizations that belong to the same main organization should

considered as an organization.



section 25 if the employer is not bound by the collective agreement in relation to the

any employee organization, members from Sweden in

workers ' delegation appointed by the local

workers ' organisation in Sweden representing the largest number of workers at

Community-scale undertaking or group of undertakings. However, this applies only if the

local trade unions do not agree otherwise.



Local organizations that belong to the same main organization should

considered as an organization.



26 § When a delegation of workers has been set up, the

inform the Community-scale undertaking or a controlling undertaking in

a business group about their composition.



Negotiations



Negotiating meetings



paragraph 27 of the Community-scale undertaking or a controlling undertaking of a

business group to call for negotiations on the establishment of a

European Works Council or the introduction of any other procedure for

information and consultation of workers.



The company shall inform the relevant activities or controlled companies

in the Group on how workers ' delegation is

composed and when negotiations will take place.



The company shall also inform the competent European workers ' and

employers ' organizations on the negotiating delegation's composition and

When the negotiations should be started.



Individual meetings



section 28 of the workers ' delegation has the right to meet

individual before and after each meeting with the Community-scale undertaking or the

controlling the company in a business group. At one such meeting shall

negotiating delegation have access to interpreters and technical AIDS

to the extent necessary to conduct the meeting.



Waiver and interruption of proceedings



section 29 of the workers ' negotiating team may decide to abstain from

open negotiations on an agreement on a European Works Council or

another procedure for informing and consulting employees

or to cancel such negotiations.



In the case referred to in the first subparagraph, a party may not make a new

request for negotiations according to § 19 until after two years, if the parties

not have agreed or will agree on a shorter period of time.



Experts



section 30 of the workers ' delegation may be assisted by experts who

the choice. Experts on negotiation delegation's request

attend the negotiations as advisers.



Voting rules



section 31 Of the decision to refrain from instituting proceedings or to

cancel the pending negotiations under section 29, the required votes from at least two

two-thirds of the members of the workers ' delegation.



To negotiating delegation will be able to conclude an agreement on a

European Works Council or another procedure for the information and

consultation, more than half of the members must agree on it.



Costs



section 32 All costs to workers ' delegation,

be formed and operate shall be borne by the Community-scale undertaking

or the controlling company of a group of companies to the extent

necessary for the negotiating delegation to carry out its

tasks appropriately.



Agreement



section 33 of an agreement on a European Works Council shall be in writing and

include all activities which the Community-scale undertaking or group of undertakings

within the EEA.



The agreement must treat



1. the company or activities to be covered by the agreement,



2. the composition of the Business Council, which should be balanced, taking into account

branches within the Community-scale undertaking or group of undertakings and to

sex workers and tasks;



3. the Works Council's term of Office,



4. the Works Council's tasks and the procedure for information and consultation

and the relationship between this procedure and the corresponding procedures on

national level,



5. location of the Works Council meetings, how often the Works Council shall

meet and duration,




6. What are the financial and material resources that should be directed to

Corporate Council, and



7. the duration of the contract, how the contract may be amended or terminated and, for the

cases where the agreement should be renegotiated, when and how this should go to.



If the agreement contains provisions on the Working Committee, shall also

the composition of and duties and meeting arrangements for this

addressed in the agreement.



34 section instead of an agreement on a European Works Council, the parties may

agree on another procedure for informing and consulting

the workers. Such an agreement must be in writing and include all

the activities of Community-scale undertaking or group of enterprises engaged in

EEA and contain guidelines for the information and consultation procedure

and treat the employees ' representatives right to information,

especially on issues that have a significant impact on workers '

interests.



In the agreement, identify the correct employees ' representatives have to

meet to discuss the information they have received.



What happens if the agreement does not meet



When rules should be applied



35 § a European Works Council, which covers all activities

Community-scale undertaking or group of undertakings within the EEA shall be established

under 37-52 sections of



1. the Community-scale undertaking or a controlling undertaking of a company-

Group and the workers ' delegation agree on it,



2. the Community-scale undertaking or a controlling undertaking of a company-

group refuses to open negotiations with the negotiating delegation of the

six months from the time the workers have asked for negotiations under the

Article 19, or



3. the Community-scale undertaking or a controlling undertaking of a company-

together and negotiating delegation has not reached an agreement on

an agreement on a European Works Council or another procedure for

information and consultation within three years from the date on which any of the parties

sponsored negotiations according to § 19.



36 the provisions of § 37-52 § § shall not apply, if the workers '

delegation made a decision under section 29, first paragraph that

refrain from launching negotiations for an agreement under this Act, or

to cancel negotiations for such an agreement.



The composition of the European Works Council



§ 37 employees of the Community-scale undertaking or group of undertakings in each

EEA State to be assigned a place in the European Works Council for each

full or stub-tenth like they make up all

workers in Community-scale undertaking or group of undertakings in all EEA

States.



Unless otherwise agreed, the Works Council every two years to examine whether changes in

rings in the Community-scale undertaking or group of undertakings leads to

the Works Council is given a new composition. At this trial, the first

subparagraph shall apply.



Community-scale undertaking or a controlling undertaking of a company-

the Group shall provide the information required for examination pursuant to

second paragraph.



38 section Members from Sweden in the European Works Council shall be appointed

among community workers of the undertaking or group of undertakings in Sweden.



§ 39 Members from Sweden in the European Works Council are appointed by the

or the local trade unions in Sweden that are bound by

collective agreements in relation to the Community-scale undertaking or

several companies in a corporate group.



If there are multiple collective contracted local employee associations

and these do not agree otherwise, the following sequence to

designate one or more members. In the case of a member, he shall

be appointed by the local trade union representing the largest number of

Community-scale undertaking or the Group's collective contractual

workers in Sweden. In the case of several members, the

order apply to how workers ' representatives appointed as listed in section 8

the second and third paragraphs of the law (1987:1245) on board representation for

the private employees.



Local organizations that belong to the same main organization should

considered as an organization.



section 40 of the employer is not bound by the collective agreement in relation to the

any employee organization, members from Sweden in the

European Works Council are appointed by the local workers ' organisation in

Sweden representing the greatest number of employees of the Community-scale undertaking or

the company group. However, this applies only if the local

trade unions do not agree otherwise.



Local organizations that belong to the same main organization should

considered as an organization.



section 41 the European Works Council shall inform the Community company

or the controlling company of a group of undertakings about their

composition.



Rules of procedure



§ 42 the European Works Council establishes its own rules of procedure.



Working Committee



43 § the European Works Council shall elect a Bureau to which

no more than five members.



The Executive Committee shall have the opportunity to continuously operate.



The right to information and consultation



44 § information to the European Works Council shall relate in particular to the



1. the community structure of the undertaking or group of undertakings,



2. community economic undertaking or group of undertakings and financial

situation, and



3. the expected developments in the Community-scale undertaking or

the Group's activities, production and sales.



45 § information to and the consultation of the European Works Council shall

special deal



1. the employment situation and its expected development,



2. investments,



3. significant organizational changes,



4. the introduction of new working methods or production processes,



5. production transfers,



6. mergers,



7. the closures of operations or significant cuts in

activities, as well as



8. collective redundancies.



46 § consultation should take place in a way that makes it possible for

the employees ' representatives to meet with the Community-scale undertaking or

the controlling company of a group and get reasoned answers to

any opinions.



47 § the European Works Council has the right to at least one meeting per year

with the Community-scale undertaking or a controlling undertaking of a

corporate group and to receive information and consult on the development

in the Community-scale undertaking or the Group's business activities and

its prospects.



Ahead of the meeting to the Community-scale undertaking or a controlling undertaking provide

Works Council a written report on what the meeting should be about.



48 § Community-scale undertaking or a controlling undertaking of a

the corporate group should, as soon as possible and in good time before the decision, leave

information to the Committee about the special circumstances affecting

the employees ' interests to a considerable extent. This is especially true

relocation, closures of operations or collective

layoffs.



If the Executive Committee so requests, the Community-scale undertaking or the

controlling the company, meet with the Executive Committee to

inform and consult on such exceptional circumstances as referred to in

the first paragraph. At such meetings, the members of the European

works councils representing workers in the activities or

undertakings which are directly concerned by the circumstances, the right to participate. In the face of

the meeting will be the Community-scale undertaking or a controlling undertaking provide

the Executive Committee a written report on what the meeting should be about.

The Executive Committee has the right to comment on the report.



If there is no Working Committee, to what is said in this paragraph

If the Working Committee remain valid.



Experts



section 49 the European Works Council and the Executive Committee may be assisted by

experts who they themselves appoint.



Individual meetings



section 50 of the European Works Council or the Executive Committee has the right to sam

manträda single prior to meetings with the Community-scale undertaking or the

controlling the company in a business group.



In addition, the Works Council the right to meet individual additional

once per year.



New negotiations



§ 51 Four years after the European Works Council has been established,

It will examine whether negotiations should be initiated in order to conclude an agreement

referred to in section 33 or 34 or 37-52 sections shall apply even in

the continuation.



Agreements under section 33 or 34 is concluded by the Works Council and require the support of a

majority of the members of the Council.



If negotiations do not commence within six months or do not result in any

agreement within three years of the Works Council called for negotiations under the

first subparagraph, 37-52. §§ apply also in the future.



Costs



section 52 the European Works Council and Committee expenses shall

be borne by the Community-scale undertaking or a controlling undertaking of a

Group of companies to the extent required for the Works Council shall

to carry out its task in an appropriate manner.



Other provisions



Legal capacity



53 § workers ' delegation and the European Works Council

may acquire rights and assume obligations and actions

courts and other authorities.



When a works councils established, it takes over all rights and

obligations from the negotiating delegation and enters as a party to a

agreement on a European Works Council.



Information for workers



§ 54 the European Works Council shall, subject to the restrictions which may result

of workers ' representatives obligation of secrecy imposed on it under section 58,


notify the representatives of the employees of the Community-scale undertaking or

the Group on the content and outcome of the information and

the consultation procedure. If there are no employee representatives,

all workers should be informed.



Information and consultation during the negotiations for a new agreement



55 section during the time that negotiations on a new agreement on

establishment of a European Works Council or another procedure for

informing and consulting employees, by reason of substantial

restructuring of the Community-scale undertaking or group of undertakings,

agreements or other arrangements for information and consultation continue to

apply with the modifications which the parties agree.



Protection of employees ' representatives



the provisions of § 56 paragraph 3(1), 4 and 6-8 of the Act (1974:358)

If trade union representatives position at the workplace should be valid on

analogy to employees ' representatives who habitually

work in Sweden and carries out duties under this Act.



Education



57 § Community-scale undertaking or a controlling undertaking of a

the corporate group should give the members of the workers ' delegation

and the European Works Council of education to the extent required

to enable them to perform their duties.



Professional secrecy



58 § Community-scale undertaking or a controlling undertaking of a

corporate group may decide on confidentiality of employees ' representatives

and experts performing functions under this Act, if it is necessary

with regard to the company.



The one referred to in the first subparagraph has received information under strict confidentiality

may despite confidentiality transfer information to others

employee representatives or experts in the same body. The right to bring

This information only applies if the supplier is required to inform the

the receiver about confidentiality. In such a case, confidentiality

even for the recipient.



Confidentiality shall, so long as there is a need for it, continue to apply

even after the mission as employee representative or expert

ceased.



Damages



59 § anyone who violates this law, against an agreement under this Act, or

for confidentiality referred to in this law shall replace the damage in

accordance with sections 55 and 56, paragraph 57, paragraph 60, and

61 and 62 of the Act (1976:580) for participation in working life.



For the purposes of the Act on Codetermination at work, what

It is said there about an employer apply to a Community-scale undertaking or

a controlling undertaking within a group and what is said about a

employee organization applies for a European Works Council,

workers ' delegation or other agencies for information

and consulting employees.



A worker or a trade union may, however, not supported

by this law the damages of another employee or

workers ' organization. With a workers ' organization on the same footing as a

Works Council, a delegation or any other body for

information to and consultation of workers.



60 § in the absence of a European Works Council or any

the negotiating delegation for the workers who may bring an action under this

law, the provisions on damages rather than apply the relevant

workers ' organisations.



Trial



61 § Case on the application of this Act shall, in so far as the dispute concerns

the relationship between employers and employees, dealt with under

the Act (1974:371) on trial in labour disputes. In such a case,

The Labour Court to be the first court.



For the purposes of the Act on proceedings in labour disputes, it is necessary that

It is said there about an employer apply to a Community-scale undertaking or

a controlling undertaking within a group and what is said about a

employee organization applies for a European Works Council,

workers ' delegation or other agencies for information

and consulting employees. What is said there about collective agreements

also apply to the agreements referred to in this law.



Matters of admissibility of confidentiality should be dealt with promptly.



section 62 When someone wants to claim damages in accordance with this law, apply in the

applicable sections 64, 65 and 68 of the Act (1976:580) if participation in

working life. For the purposes of section 64, a community undertaking, a

controlling undertaking within a group of companies, a European Works Council,

workers ' delegation and other agencies for information

and consulting employees deemed to have negotiating rights according to section 10 of

the Act on Codetermination at work. The time within which, in accordance with section 65

an action may be brought shall, however, be the last eight months.



Transitional provisions



2011:427



1. this law shall enter into force on 6 April 2011, when the Act (1996:359) if

European works councils shall be repealed.



2. The repealed Act applies, except for paragraphs 39-41, still

for Community companies or groups of companies where existing agreements under 21

or section 22 of the Act, entered into or renewed on or after

5 June 2009 to 5 June 2011 and where such an agreement later

be renewed.



3. If a delegation of workers begun negotiations

under the repealed Act, should the negotiations continue under the new

the law.



4. in the case of a Community-scale undertaking or group of undertakings which apply 24-35 § § in the repealed Act, 37-52 sections of the new law shall apply.



5. In the cases referred to in point 4, a European Works Council that

established pursuant to section 24 of the repealed Act continue to operate according to the

the new law until the Works Council reviewed their composition

According to paragraph 37 of the new law.