The law's content and scope
section 1 of this Act contains provisions on the involvement of
in Europe, cooperatives formed or incorporated
(a)) by at least two legal entities,
(b)) by transformation, or
c) of only natural persons or by a legal person, and
natural persons, if these together have or had at least 50
workers in at least two EEA States in the formation of
the European cooperative.
For European cooperatives that are not covered by the first subparagraph applies
the provisions after the European cooperative has
registered
(a)) of a total of at least a third of the workers in
European cooperative, its subsidiaries and branches in at least two
EEA States so requests, or
b) workforce in Europe the cooperative and its subsidiaries
and branches amount or amounts to a total of at least 50
workers in at least two EEA States.
section 2 of the employees ' involvement comes about in the following way.
The formation of a delegation of workers, who have
tasked with those directly participating in the establishing of a
the European cooperatives meet an agreement on the involvement of employees in
the European cooperative. In some cases, an employee advice
established and rules of participation applied under 35-66 sections.
Rules governing how employee representatives in some cases appointed
meetings can be found in sections 67 and 68.
section 3 activities of religious, scientific, artistic
or other non-profit or co-operative, Union,
political or other opinion-forming purposes shall be excluded from
the scope of the Act in respect of the business ' goals and
focus.
the provisions of paragraph 4 of 8-12 sections about negotiating delegation and in
22-34 sections on the negotiating process as well as in the 35-39, 45-61 and
63-66 sections about what happens if the agreement does not meet, applicable when
a European cooperative shall have or has its seat in Sweden.
The provisions of 13-21, 40-44 and 62 § § on the allocation of
sites and about how members of workers in Sweden appointed
applies regardless of where the European cooperative shall have or having its
seat.
The provisions of §§ 67 and 68 if the employee representatives for
participation in general meetings will apply when a European cooperative does not
will be having or not having its registered office in Sweden.
§ 5 When arrangements for the involvement of employees shall be established
in the cases referred to in article 1, first subparagraph, point (c) shall be as stated in the
This law on participation of legal persons apply to physical
people involved in the formation of the European cooperative.
section 6, When arrangements for the involvement of employees shall be established
in the cases referred to in § 1, second paragraph, what is said about
participating legal entities and concerned subsidiaries
affected branches apply to Europe the cooperative and its
subsidiaries and branches.
Definitions
Article 7 for the purposes of this law
-EEA States: the States of the European Union as well as the other
States covered by the EEA Agreement,
-European cooperative "means a cooperative society formed in
accordance with Council Regulation (EC) No 1435/2003 of 22 July
2003 on the Statute for a European cooperative society
(SCE),
-"legal person" means companies or firms constituted under civil or
trade legislation with the exception of those which are
profit, including cooperative societies, and other
legal persons governed by public or private law
formed and regulated under the law of an EEA State,
directly participating in the establishing of a European cooperative,
-subsidiary: a company that another undertaking carries out a
control of in accordance with paragraphs 13-16 teams
(2011:427) on European works councils,
-concerned subsidiaries or branches concerned: subsidiaries
or branches of a participating legal entity and
proposed subsidiaries or branches of a
the European cooperative society when it is formed,
-participation: the participation that is practiced by law
to
a) choose or otherwise appoint some of the members of a
company's supervisory or administrative organ, or
b) recommend or oppose the appointment of some or all members of a
company's supervisory or administrative organ, or
-workers ' councils: body representing workers in a
European cooperative and its subsidiaries and affiliates, at
information and consultation and, where appropriate, exercising the right
participation in the European cooperative. Law (2011:430).
The negotiating delegation for the workers
The establishment of a negotiating delegation
section 8 of the participating legal entities shall as soon as
possible take the necessary steps to a
delegation of workers shall be established.
The participating legal entities shall provide information on the
the names and the number of employees of the participating legal
the people, concerned subsidiaries and branches concerned and
the names of other subsidiaries and branches in the EEA States.
The information shall be provided to workers ' representatives in
the participating legal entities and concerned subsidiaries,
the branches concerned.
§ 9 A delegation of workers shall be established
in accordance with the provisions of sections 10-21. The members of the
negotiating delegation shall be selected or appointed within ten
weeks of the participating legal entities
complied with its obligations under section 8.
Negotiation delegation representing workers in the
participating legal entities, the relevant subsidiaries and
affected branches in negotiations with participating legal
the people for an agreement on the involvement of employees in
the European cooperative.
Allocation of seats between workers in the various EEA
States
section 10 of the employees of the participating legal entities,
relevant subsidiaries and branches concerned in each EEA State
shall be assigned a regular seat in the negotiating delegation
for each full or stub-tenth as together they constitute
of all the employees of the participating legal entities,
subsidiaries concerned and interested branches in all the EEA
States.
section 11 When a European cooperative society to be formed by merger shall
the workers in the various EEA States assigned beds in
negotiating delegation if necessary for at least one
representative must be appointed for the employees in each
participating legal entity which is proposed to cease with the
the fusion.
The extra beds allocated to the workers referred to in the first
subparagraph may not, however, exceed twenty percent of the sites
a total of assigned workers under section 10. If the entire
the need for extra beds in this respect cannot be covered,
should the available locations are assigned to workers in the
participating legal entities in various EEA States in descending
order by number of employees in participating legal
people proposed cease with the merger.
The allocation of extra beds may not result in workers
will be represented by more than one member.
section 12 of the number of employees of the participating legal
the persons concerned, concerned subsidiaries or branches
change during the time the negotiating delegation seems and
the change is of such magnitude that it affects
the distribution of the number of sites between workers in different
EEA States, the distribution referred to in paragraphs 10 and 11.
Allocation of seats between workers in different businesses and
branches in Sweden
paragraph 13 of The regular seats in the negotiating delegation
be assigned to workers in Sweden, shall be allocated among the
the employees of the participating legal entities in Sweden in
descending order of the number of workers in the legal
the persons. Workers in each participating legal entity
awarded to a maximum of one point per legal entity.
If after the distribution remains regular seats to
distribute, distributed these among the employees of the affected
subsidiaries and branches concerned, in descending order of
the number of workers in each subsidiary or branch.
Workers in each subsidiary or branch is assigned
a maximum of one place per company and branch.
If it then remains regular seats to distribute,
These are distributed between the employees of the participating legal
the people, concerned subsidiaries and branches concerned with
one site each in descending order by the number of workers
in the participating legal entities, the relevant subsidiaries
or the branches concerned. The Division is repeated until no
regular seats left to assign.
section 14 of The local workers ' organisations which, under 18 or
section 19 shall appoint members from Sweden may agree to
a different allocation of the ordinary sites shall apply than
that provided by section 13. Such an agreement shall, however, so
to the extent possible, ensure that the employees of each
participating legal entity is assigned a location.
section 15 of The beds in the negotiating delegation that under section 11 of the
may be assigned to workers in Sweden is divided between
worker participation in Swedish legal entities
proposed end in merger in descending order of
the number of workers in the legal entities. Distribution
takes place only between employees in participating legal entities
who have not had any place under section 13.
section 16 of the distribution of the number of seats in
negotiating delegation is made pursuant to section 12, shall also
the allocation according to 13 and 15 sections.
section 17 Of the employees of a participating legal entity, touched
subsidiaries or the relevant branch in Sweden awarded a place
in negotiating delegation and the participating legal
person, concerned subsidiary or branch ceases to
be participating or affected, the place redistributed even if
negotiating delegation's composition should not be made if
in accordance with section 12.
If it is a regular venue for redistribution under the first
subparagraph, the place allocated to the employees of the participating
legal person, the relevant subsidiary or branch
as with the previous distribution under section 13 was in turn
to get the next regular seat. If the site would thus
be assigned to workers in a legal entity which has already received a
extra bed in accordance with the provisions of section 15, the place, however, go
In addition to the employees of the participating legal entity,
the subsidiary or branch that subsequently is next in
tour.
If there is an extra seat for redistribution under the first
subparagraph, the place allocated to the employees of the participating
legal person in accordance with section 15, stood in line to get the next
extra seat in the previous procedure. If there is no
any such participating legal entity shall not be assigned to
the site.
How MEPs from Sweden be appointed
section 18 Meps from Sweden in the negotiating delegation appointed by the
the local organizations in Sweden that is
bound by the collective agreement in relation to the participating
legal entities, subsidiaries concerned or interested
branches in Sweden.
If there are multiple collective contractual premises
workers ' organisations and these do not agree on
otherwise, the following sequence to designate one or more
members. If it is to appoint one Member shall
be appointed by the local employers ' organisation representing the
largest number of collective contractual workers in
Sweden at the participating legal entities, the relevant
subsidiaries and branches concerned. If it is a question of
appoint a number of members, the order apply to how
employee representatives are appointed as specified in section 8, other
and third subparagraphs Act (1987:1245) on board representation
for the private sector.
Local trade unions belonging to the same
the main organization shall be considered as an organization.
19 § If none of the participating legal entities, the relevant
subsidiaries or branches in question in Sweden is bound by
collective agreement in relation to any
workers ' organization, the members from Sweden in
negotiating delegation appointed by the local
employee organization representing the largest number of workers in the
participating legal entities, the relevant subsidiaries and
affected branches in Sweden. However, this applies only if the
local trade unions do not agree on
other things.
Local trade unions belonging to the same
the main organization shall be considered as an organization.
section 20 does not exist such an organization referred to in article 19, shall be appointed
the members of the negotiating delegation of the workers in the
participating legal entities, the relevant subsidiaries and
affected branches in Sweden.
Which workers represent members from Sweden?
section 21 of A member to be appointed since the site assigned to with the support of
the provisions of section 13 represents the employees of the participating
legal person, it subsidiaries, or the branch whose
workers assigned to the site.
If several members are appointed for the employees of a participating
legal entity, a subsidiary or a branch, with the support of
the provisions of section 13 represent the same number, if possible,
workers were.
One Member to be appointed since the site under the section 13
also represent employees in participating legal entities;
subsidiaries and affiliated companies, whose workers are not assigned
any place in the negotiation delegation. The number of workers in the
the participating legal entities, subsidiaries and affiliated companies
the workers are not assigned to any site is allocated as evenly
as possible between the members representing other
workers.
One Member to be appointed since the place assigned to with the support of
the provisions of section 15 represent only employees of the
participating legal entity which is proposed to cease with the
the fusion.
Negotiations
Negotiating period
section 22 of the negotiations between the participating legal entities
and the workers ' delegation for an agreement on
the involvement of employees in European cooperative shall be started as
soon the negotiating delegation has been set up and should last for
no more than six months after creation.
The parties may jointly decide to extend
the negotiating period to a maximum of one year.
section 23 Of the time limit in section 9 is exceeded due to circumstances
as the workers responsible for the negotiation period
referred to in section 22 is considered to begin when the time-limit set in section 9
is exceeded.
Waiver of or interruption of proceedings
section 24 of the negotiating delegation may decide to abstain from
open negotiations on an agreement on the involvement of employees in
European cooperative or to cancel such
negotiations. Such a decision may not be made if
European cooperative shall be established by way of transformation, and there are
a right to participation in the participating legal entity
be transformed.
Not earlier than two years after a decision pursuant to the first subparagraph,
a negotiating team convened again if there is a
the written request of at least 10% of workers in the
European cooperative, its subsidiaries and affiliates. The parties
may, however, decide to initiate or resume
the negotiations in the past.
Information
section 25 of the participating legal entities shall inform the
the negotiating delegation of the existence and extent of
employee involvement in the form of participation in the participating
legal entities and about plans for the formation of
European cooperative and on how the process of forming
European cooperative progresses until the cooperative
registered.
Experts
section 26 of the negotiating delegation may be assisted by experts of the
choice. Experts on the Advisory Board of negotiation
request to attend negotiations with the participating legal
persons where appropriate to promote coherence and
impact at European level.
Voting rules
section 27 as a negotiating delegation's decision applies, unless otherwise
to the provisions of section 28 or 29, as is supported by more than half
the members of the delegation of these represent
more than half of all workers in the participating
legal persons, concerned subsidiaries and concerned
the branches.
section 28 If a contract proposal would lead to the proportion of
Members who are covered by the right to participation in
European cooperative will be smaller than previously applied to
the employees of the participating legal entities with
highest percentage of participation is required for the agreement to be approved
that at least two-thirds of the members representing at least
two-thirds of employees in at least two EEA States vote
for this. This majority rule
-When the European cooperatives formed by merger, if
employee involvement in the form of involvement of at least
twenty-five per cent of the total number of workers in the
participating legal entities,
-When the European cooperatives formed in any way other than by fusion
or transformation, if participation covers at least 50% of
the total number of employees of the participating legal
persons, and
-When the involvement of employees shall be established in accordance with this law
in the case referred to in paragraph 1, second subparagraph.
When the European cooperatives established by transformation applies to section 34.
section 29 Of the decision not to open negotiations
or to discontinue ongoing negotiations under section 24 is required
the same majority as set out in paragraph 28.
Costs
section 30 of the all the costs of negotiating delegations
negotiation and business in General shall be borne by
the participating legal entities to the extent required
to negotiating delegation to carry out their
tasks appropriately.
Agreement on the involvement of
section 31, an agreement on the involvement of employees shall be in writing.
The agreement shall address
a) scope of agreement,
b) If a workers ' Council is to be set up or if another
arrangements for information and consultation procedure shall apply,
c) if participation rights should exist or not, and
d) the duration of the contract, in which case it should be renegotiated, how a
renegotiation will be implemented and what will apply to the
case renegotiations will not lead to any new agreement.
section 32 Of the workers ' Council shall be set up, the agreement shall
treat
(a) the composition of the workers ' Council),
(b)) the functions and the procedure for the workers ' Council information and consultation
with the workers ' Council must go to,
c) how often the employee Council shall meet, and
(d)) the financial and material resources to be allocated
to the workers ' Council.
If a different regime for the information and consultation procedure
shall apply, the contract is governed by how such a regime
shall be drawn up.
33 § If participation rights shall be the contract shall treat
(a)) the main content of the arrangements for participation;
including information on the number of members that the workers have
the right to elect, appoint, recommend or oppose;
(b)) the procedures to be used when members are elected,
appointed, recommended or opposed, and
c) members ' rights.
section 34 If a European cooperative established by way of transformation, the
in an agreement on the involvement of employees provide at least
the same level of employee participation as that found in the
legal entity to be transformed.
What happens if the agreement does not meet
When the rules applicable
section 35 the provisions on workers ' councils for information and
consultations pursuant to §§ 39-57 shall apply if
(a)) the parties agree that, or
b) an agreement that meets the requirements of this Act have not been met
When the time limit during which negotiations can take place according to section 22
has expired.
section 36 the provisions on participation in the 58-66 sections shall apply if
the parties agree to it.
Also in the case referred to in paragraph 35 (b), the provisions of
participation in the 58-66 §§ apply when
(a)) a European cooperative established by way of transformation,
-If the workers had a right to participation in the cooperative before
the conversion to the European cooperatives;
(b)) a European cooperative formed by merger,
-If at least twenty-five per cent of the employees of the participating
legal persons had the right to participation, or
-If the employees of any of the participating legal
the executives, although they constituted a smaller percentage than twenty-five
% of workers in these legal persons had the right
participation and negotiation delegation decides to
workers shall have the right to participate in
European cooperative,
c) a European cooperative formed in any way other than by fusion
or conversion
-If at least fifty per cent of the employees of the participating
legal persons had the right to participation, or
-If the employees of any of the participating legal
the executives, although they constituted a smaller percentage than fifty
% of workers in these legal persons had the right
participation and negotiation delegation decides to
workers shall have the right to participate in
European cooperative, or
d) involvement set out in the cases referred to in paragraph 1 of the
second subparagraph,
-If the workers had a right to participation in
European cooperative before the law became applicable.
37 section the provisions of §§ 39-66 shall not apply, however, if
negotiating delegation made a decision under section 24 of the first
subparagraph to refrain from initiating or interrupting ongoing
negotiations on an agreement on the involvement of employees.
The provisions shall not apply if the contract is not
made after hearing the parties in accordance with paragraph 24 launched
new negotiations or resumed negotiations on a
agreements.
section 38 If the provisions on participation in the 58-66 sections shall apply
and in the participating legal entities is more than a
form of participation, the negotiating delegation, decide what
the form to be included in the European cooperative.
If the negotiating delegation fails to take a decision in accordance with
first subparagraph, the participating legal entities shall decide
what form of participation to be introduced in
the European cooperative.
The composition of the workers ' Council, etc.
§ 39 employees in Europe the cooperative and its subsidiaries and
branches in each EEA State shall be allocated a place in
the workers ' Council for each complete or stub-tenth as the
together, all the workers in the
European cooperative, its subsidiaries and affiliates in all
EEA States.
section 40 of the employees ' Council assigned workers
in Sweden shall be distributed among the employees in the
European cooperative, its subsidiaries and branches in Sweden
with a seat each in descending order by the number of
workers in each of these, if not the organizations
as under section 42 or 43 shall appoint the members agree on something
other things. The Division is repeated until no places remaining
to distribute.
§ 41 Members from Sweden in the workers ' Council shall be appointed
among workers in Sweden in European cooperative, its
subsidiaries and branches.
§ 42 Members from Sweden in the workers ' Council are appointed by the
or the local trade unions in Sweden that is
bound by the collective agreement in relation to the cooperative,
its subsidiaries or branches.
If there are multiple collective contractual premises
workers ' organisations and these do not agree on
otherwise, the following sequence to designate one or more
members. If it is to appoint one Member shall
be appointed by the local employers ' organisation representing the
largest number of collective contractual workers in
Sweden at the companies and branches. If it is a question of
appoint a number of members, the order apply to how
employee representatives are appointed as specified in section 8, other
and third subparagraphs Act (1987:1245) on board representation
for the private sector.
Local trade unions belonging to the same
the main organization shall be considered as an organization.
43 § if no European cooperative, its subsidiaries or
branches in Sweden is bound by the collective agreement in relation
to any employee organization, the members of the
Sweden will be appointed by the local workers ' organisation in Sweden
representing the largest number of workers at companies and branches.
However, this applies only if the local
trade unions do not agree otherwise.
Local trade unions belonging to the same
the main organization shall be considered as an organization.
section 44 A member from Sweden represent the workers in the
company or the branch whose workers assigned to the site
According to § 40.
If several members are appointed for the employees of a company or
a branch represents the, if possible, an equal number of workers
was.
One member from Sweden also represent workers in enterprises
and affiliated companies whose workers are not assigned to any site at
distribution according to § 40. The number of workers in the companies and
branches whose workers are not assigned to any site is distributed
as evenly as possible between the members representing other
workers.
section 45 unless otherwise agreed, the employee Council once
year examine whether changes in European cooperative, its
subsidiaries and branches lead to the workers ' Council
should be given a new composition in which case 39-44 sections shall apply.
46 § workers ' Council shall inform the European cooperative if
the Council's composition.
Labour Council establishes its own rules of procedure.
47 § where appropriate with regard to the workers ' Council
size, shall be appointed from among its members a Bureau
comprising at most three members.
Information and consultation
48 § workers ' Council has the right to information and consultation
with the European cooperative in matters
-concerning the European cooperative,
-related subsidiaries or affiliates located in another EEA State
than that in which the European cooperative has its registered office, or
-fall outside the decision-making powers of the decision-making
organs in a single EEA State.
49 § Information must be given at a time, in a manner and with
a content so that it provides Labour Council to make
a careful assessment of the potential impact and, in the
appropriate, prepare consultations with the European cooperative.
Consultation means the establishment of dialogue between the
European cooperative and the workers ' Council and shall be made at a
time, in a manner and with a content which allows
the workers ' Council to decide, on the basis of provided
information, submit comments on the measures envisaged so that the
can be taken into account in the decision-making process of the European cooperative.
50 § European cooperative shall at least once a year
meet with the employee Council and inform and consult on the
the company's business development and future plans.
Faced with such a meeting, the European cooperative supplying
the workers ' Council with the agendas for the meetings of the administrative,
or, where appropriate, managerial and supervisory bodies, as well as
copies of all documents submitted to the general meeting.
Such a meeting shall in particular be
a) Union structure,
(b)) the economic and financial situation,
c) expected development of business activity and of the
production and sales,
(d)) the employment situation and the expected developments,
e) investments,
f) significant organizational changes,
g) introduction of new working methods or production processes,
h) production transfers,
I) mergers,
j) closures of operations or major cuts
of operations,
k) collective redundancies, and
l) initiatives related to corporate social responsibility.
51 § European cooperative shall, as soon as possible and in good
before the decision, submit information to the workers ' Council about
exceptional circumstances affecting the employees ' interests
to a considerable extent, in particular as regards
relocations, transfers, the closure of production of the whole
or parts of operations or collective redundancies.
If the workers ' Council or the Executive Committee so desires, shall
European cooperative meeting with the Council or the Committee on
to inform and consult on such special circumstances
referred to in the first subparagraph. In cases where a meeting takes place with
the Working Committee, the members representing workers
directly concerned by the measures also have the right to participate.
If the European cooperative is considering not to act in accordance with
the opinion expressed by the workers ' Council, shall
be given the opportunity to a further meeting with the company to
try to reach consensus.
Rules for workers ' Council and the Executive Committee
52 § workers ' Council and the Executive Committee may be assisted by
experts who they themselves appoint.
53 § workers ' Council and the Executive Committee have the right to
European cooperative's expense, meet single for meetings
with the company. In addition, the workers ' Council the right to
European cooperative's expense, meet single additional
once per year.
§ 54 members of the workers ' Council shall, to the extent
It is necessary for the performance of their
information, be entitled to time off for training, maintaining
employment benefits.
section 55 members of the workers ' Council shall, with regard to the
any medical confidentiality, notify the representatives of the
employees in the European cooperative and its subsidiaries and
branches of the content and results of information and
the consultation procedure.
section 56 four years after the workers ' Council has been established,
It shall examine whether to open negotiations to conclude
an agreement referred to in §§ 31-34.
If the negotiations are to be 22, 24 and 26-33 § § and what
According to section 4 of these regulations provides for the choice of law
applied. What is said about the participating legal entities
shall apply to the European cooperative. The workers ' Council shall
pose negotiation delegation. The time limit under section 22 shall
counted from the time the Council called for negotiation.
If no agreement is reached when the deadline expires, according to section 22
out, the rules about what happens if the agreement does not meet
continue to apply.
Costs
57 § workers ' Council and Committee expenses shall
be borne by the European cooperative to the extent necessary
to the Council and the Committee to carry out their functions on
appropriate manner.
Participation
58 § When a European cooperative established by way of transformation,
workers have the right to participate to the same extent as
before the conversion.
59 § When a European cooperative is formed otherwise than by
conversion, the workers ' right to elect, appoint, recommend
or reject a number of members of the European cooperative
the administrative or supervisory body which shall be equal to the highest proportion
concerned in any of the participating legal entities prior to
the registration.
When employee involvement shall apply under this Act in the cases
referred to in paragraph 1, second subparagraph, shall be the right of workers to
elect, appoint, recommend or oppose the appointment of a number of members of the
Europe correspond to the cooperative's administrative or supervisory body
the proportion that prevailed in Europe the cooperative before the law became
applicable.
60 § workers ' Council shall decide how seats in the
Europe the cooperative's administrative or supervisory body shall
be distributed among the members representing the employees from the
different EEA States. The allocation shall be made on a pro rata
relative to the proportion of employees in the European cooperative,
its subsidiaries and branches in each EEA State.
Unless workers in all EEA States are represented
the allocation referred to in the first subparagraph, a place exempt
from the proportional distribution. The exempted site
shall be allocated to the employees in the EEA State in which the
European cooperative shall have its seat. If these workers
already represented the place rather than assigned
employees in the EEA State that has the most workers out of them
who have been without representation.
61 § workers ' Council to appoint members to the sites in
the administrative or supervisory organ which is allocated between
workers in various EEA countries, in accordance with section 60. If an EEA State
have a national system for the election of employee representatives to
the administrative or supervisory body, the
the order applied to the election of members to the sites that
assigned to the workers from the State.
62 section Members for the seats within the administrative or
the regulatory body assigned to workers in Sweden are appointed by
local trade unions under section 42 or 43.
Organisations may agree to transfer his right to appoint
members of the workers ' Council.
§ 63 appointing The employee representatives to management
or the regulatory body pursuant to §§ 61 and 62 shall determine
term of Office.
section 64 When employee participation consists of a right to propose
or reject members of the administrative or
the regulatory body, the workers ' Council the candidates
to be proposed or rejected.
65 § workers ' representatives in the management or
the Supervisory Board shall have the same rights and obligations as
the members representing the cooperative members.
Employees ' representatives must not, however, participate in reading
issues concerning collective agreements or industrial action, or by
other matters, where the workers ' Council or a
workers ' associations have an essential interest that may
contravene Europe cooperative.
section 66 of the employees ' representatives may attend and participate in the
the deliberations when the case, which shall be determined in
Europe the cooperative's administrative or supervisory body,
In addition, the preparation of the designated members of the administrative
or supervisory board or officers of the company.
Stämmomedverkan
67 § Members to the places in the general meeting or other
Sue assigned to workers in Sweden are appointed by local
workers ' organisations under section 42 or 43.
Organisations may agree to transfer his right to appoint
members of the workers ' Council.
68 § The appointing members to the general meeting or other
General meeting pursuant to paragraph 67 shall determine the duration of the mandate, if not
subject of the European Cooperative Statute.
Other provisions
69 § workers ' delegation and a
workers ' councils may acquire rights and assume
obligations and bring an action before the courts and other
authorities.
When a workers ' Council established it inherits all rights
and obligations from the negotiating delegation and ensues as
party to an agreement on the involvement of employees in European cooperative.
Protection of employees ' representatives
70 section the provisions of section 3(1), 4 and 6-8 of the Act
(1974:358) of trade union representatives position at the workplace
shall apply mutatis mutandis to worker representatives
who habitually carries out his work in Sweden and perform tasks
or appointed under this Act.
Professional secrecy
section 71 of the participating legal entities or
European cooperative may decide on confidentiality for members of
negotiating delegation or workers ' Council, as well as for the
experts that advises these bodies, if necessary with
account of the company. European cooperative, of the same
reasons decide on confidentiality also for other
employees ' representatives exercising functions in a
information and consultation procedure in accordance with this Act.
The who has received information under strict confidentiality, despite
confidentiality transfer information to other members
in the same delegation or workers ' councils and their
experts. The right to keep information only applies if
the reporter informs the recipient about confidentiality. In
in such a case, confidentiality also for the recipient.
Confidentiality shall continue to apply even after the
as a member, another employee representative, or
expert ceased.
Abuse of process
section 72 rules on European cooperatives may not apply in order
to deprive or deprive employees of their right to
employee involvement.
If significant changes in European cooperative, its
subsidiaries or branches occurring within one year from the
European cooperative have been registered and are such that
the workers would have received a more extensive influence on
the changes made before the registration of the
European cooperative, the change is considered to be made in order
to deprive or deprive employees of their right to
employee involvement, unless the company shows other reasons for
change.
Damages
73 section anyone who violates this law, against a contract under the law
or to professional secrecy referred to in this law shall replace the
damage in accordance with the provisions of sections 55 and 56,
paragraph 57, paragraph 60 and 61 and 62 of the law
(1976:580) for participation in working life.
For the purposes of these rules, what it says
If employers apply for European co-operatives and participation
legal person, as well as what is being said about the workers ' organization
also apply to the workers ' Council, the workers '
negotiating team and other agencies for information and
consultation.
A worker or a trade union may not, however,
under this Act require compensation by another worker
or workers ' associations.
Trial
74 § Case on the application of this Act shall, in so far as the dispute
concerning the relationship between employers and workers,
dealt with under the Act (1974:371) about the trial in
labour disputes. In such a case, the Labour Court
first court.
For the purposes of the Act on proceedings in labour disputes,
What is said there about employers also apply to
the European cooperatives and participating legal entity and what
How about the workers ' organization also apply to workers '
the negotiating delegation, workers ' councils and other bodies for
information and consultation. 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. Law (2011:430).
75 § When someone wants to claim damages in accordance with this law, apply in the
applicable parts of 64, 65 and 68 of the Act
(1976:580) for participation in working life. In the application
of section 64, the European cooperative society, the participating legal entity,
workers ' delegation and the workers ' Council and
other bodies for information and consultation shall be deemed to have
negotiating the right according to section 10 of the Act on co-determination in
working life. The time within which an action according to § 65 last shall
be brought, shall be eight months.
