Transnational Information and Consultation of Employees Act, 1996
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Establishment of Special Negotiating Body. |
10.—(1) In order to facilitate the information and consultation of employees in Community-scale undertakings and Community-scale groups of undertakings, the central management may on its own initiative, or shall at the written request of at least a total of 100 employees or their representatives spread over at least two undertakings or establishments one or more of which are in one Member State and the other or others of which are in at least one other Member State, establish a Special Negotiating Body to negotiate with the central management for the establishment of a European Employees' Forum or an information and consultation procedure. | |
(2) For the purposes of subsection (1), “representatives” includes those employees' representatives already recognised by the undertaking or group of undertakings for collective bargaining or information and consultation purposes. | ||
(3) (a) A request by employees for the establishment of a Special Negotiating Body shall be addressed to the central management but may be lodged with the local management where the identity or location of the central management is not readily discernible to the employees or their representatives making the request. | ||
(b) Where the request is lodged with the local management, the local management shall ensure that the request is passed on to the central management within a period of 15 working days from its receipt. | ||
(c) Any avoidable or unreasonable delay after that period in the transmission of the request to the central management shall not of itself extend the six month period referred to in section 13 (1) (b). | ||
(4) A Special Negotiating Body shall be established in accordance with the following: | ||
(a) subject to paragraphs (b) and (c), the Body shall have not less than three but not more than 17 members elected or appointed in accordance with this Act; | ||
(b) each Member State in which the Community-scale undertaking has one or more establishments, or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings, shall be represented by at least one member; | ||
(c) there shall be the following additional members in proportion to the number of employees employed in the establishments, the controlling undertaking or the controlled undertakings: | ||
(i) one additional member from a Member State where between 25 per cent. and 50 per cent. of the employees of the undertaking or group of undertakings are employed; | ||
(ii) two additional members from a Member State where more than 50 per cent. but not more than 75 per cent. of the employees of the undertaking or group of undertakings are employed; | ||
(iii) three additional members from a Member State where more than 75 per cent. of the employees of the undertaking or group of undertakings are employed; | ||
(d) employees' representatives from countries that are not within the Community may be permitted to participate in the meetings and activities of the Body but shall not be entitled to a vote. | ||
(5) The central management and local managements shall be informed by notice in writing of the composition of the Special Negotiating Body as soon as practicable after the election or appointment of its members. |