European Works Council (Amendment) Regulations, 2011

L.N. 218 of 2011

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

European Works Council (Amendment) Regulations, 2011

IN exercise of the powers conferred by article 48 of the

Employment and Industrial Relations Act, the Prime Minister has

made the following regulations:–

(1) The title of these regulations is the European Works Title and coming into

Council (Amendment) Regulations, 2011 and they shall be read and force.

construed as one with the European Works Council Regulations, L.N. 324 of 2004.

2004, hereinafter referred to as “the principal regulations”.

(2) These regulations shall come into force on the 6th

of June 2011.

In regulation 1 of the principal regulations, immediately

after sub-regulation (2) thereof, there shall be added the following

sub-regulations:-

“(3) These regulations shall only apply to

(a) community-scale undertakings or community-

scale groups of undertakings in which, on the 22nd

September 1996, there had already been an agreement

covering the entire workforce, providing for the

transnational information and consultation of employees,

or where such agreements are adjusted because of

changes in the structure of the undertakings or groups of

undertakings; and

(b) agreements concluded pursuant to regulation

7 of these regulations which have been signed or revised

between the 5th of June 2009 and the 5th of June 2011

Provided that in so far as paragraph (b) is

concerned, the national law applicable when the

agreement is signed or revised shall continue to apply to

the undertakings or groups of undertakings concerned

Provided further that in the case of the agreements

mentioned in both paragraphs (a) and (b), upon the

expiry of the said agreements, the parties to those

agreements may decide jointly to renew or revise such

agreements and these regulations shall apply. In the case

that these agreements are neither renewed or revised,

the provisions of the European Works Council (Further

Provisions) Regulations, 2011, shall automatically apply.

(4) Without prejudice to what is stated in sub-

regulation (3) hereof, the European Works Council (Further

Provisions) Regulations, 2011, shall be the applicable law for

all arrangements aiming to set up a European Works Council or

any procedure for the information and consultation of employees

in Community-scale undertakings or Community-scale groups

of undertakings, as provided for by those regulations, which are

effected for the first time on the 6th of June, 2011 and after the 6th

of June, 2011.”.

€0.18