EUROPEAN WORKS COUNCIL REGULATIONS

EUROPEAN WORKS COUNCIL

SUBSIDIARY LEGISLATION 452.86

EUROPEAN WORKS COUNCIL REGULATIONS

4th June, 2004

LEGAL NOTICE 324 of 2004, as amended by Legal Notices 427 of 2007

and 218 of 2011.

(1) The title of these regulations is the European Works

Council Regulations.

(2) The purpose of these regulations is to improve the right of

employees in Community-scale undertakings and Community-scale

groups of undertakings, to be informed and consulted through the

establishment of a European Works Council or equivalent

arrangements to cater for the information and consultation of

employees in every such undertaking and group of undertakings

and to implement the provisions of EU Council Directive 94/45/

EC.

(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 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 shall automatically apply.

(4) Without prejudice to what is stated in subregulation (3), the

European Works Council (Further Provisions) Regulations 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.

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(Regulation 8)

Subsidiary Requirements

1. The establishment, composition and competence of a European Works

Council shall be governed by the following rules

(1) The competence of the European Works Council shall be limited to

information and consultation on the matters which concern the

community-scale undertaking or community-scale group of

undertakings as a whole or at least two of its establishments or group

undertakings situated in different Member States. This provision shall

apply whether the central management is located in a member state or

elsewhere.

(2) In the case of community-scale undertakings or community-scale

groups of undertakings referred to in regulation 3(1)(b) and (c) of these

regulations, the competence of the European Works Council shall be

limited to those matters concerning all the establishments or group

undertakings situated within the Member states or concerning at least

two of the establishments or group organisations situated in different

Member States.

(3) The European Works Council shall be composed of employees of the

community-scale undertakings or community-scale groups of

undertakings elected or appointed from their number by the employees’

representatives or, in the absence thereof, by the entire body of

employees.

(4) (a) The European Works Council shall be composed of a minimum of

three and a maximum of 30 members.

(b) Where its size so warrants, the European Works Council shall

elect a select committee from among its members, comprising at

most three members, to act on behalf of the European works

Council.

(c) Saving what is mentioned in these regulations, the European

Works Council shall adopt its own rules of procedure.

(5) In the election or appointment of members on the European Works

Council, it shall be ensured that

(a) there shall be at least one member representing 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;

(b) additional members shall be elected to the European Works

Council in accordance with the following criteria

(i)

where applicable, one additional seat for each Member

State where at least 25% but less than 50% of the

employees are employed;

(ii)

two additional members from a Member State where at

least 50% but less than 75 % of the employees are

employed;

(iii) three additional seats from a Member State where 75% or

more of the employees are employed.

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(6) The central management and any other more appropriate level of

management shall be informed by the European Works Council of its

composition.

(7) The members of the European Works Council representing employees

employed by the undertaking, or as the case may be the group of

undertakings, situated in Malta shall be elected or appointed according

to the procedure outlined in regulation 6.

(8) (a) Four years after the date when the European Works Council has

been established there shall be examined whether to open

negotiations for the conclusion of the agreement referred to in

regulation 7 of these regulations or to continue to apply the

subsidiary requirements adopted in accordance with this

Schedule.

(b) Regulations 7 and 8 shall apply mutatis mutandis, if a decision

has been taken to negotiate an agreement according to regulation

7, in which case the words ‘Special Negotiating Body’ shall be

replaced by ‘European Works Council’.

2. (1) The European Works Council shall have the right to meet with the

central management once a year, to be informed and consulted, on the basis of a

report drawn up by the central management, on the progress of the business of the

community-scale undertakings or community-scale group of undertakings and its

prospects and the local managements shall be informed accordingly.

(2) The meeting referred to in the preceding paragraph shall relate in particular

to the structure, economic and financial situation, the probable development of the

business and of production and sales, the situation and probable trend of

employment, investments, and substantial changes concerning organization,

introduction of new working methods or production processes, transfers of

production, mergers, cut-backs or closures of undertakings, establishments or

important parts thereof, and collective redundancies.

3. (1) Where there are exceptional circumstances affecting the employees’

interests to a considerable extent, particularly in the event of relocations, the closure

of establishments or undertakings or collective redundancies, the Select Committee,

or when no such committee exists, the European Works Council shall have the right

to be informed.

(2) The European Works Council shall have the right to meet, at its request, the

central management, or any other more appropriate level of management within

community-scale undertaking or community-scale group of undertakings having its

own powers of decision, so as to be informed and consulted on measures

significantly affecting employees’ interests.

(3) Those members of the European Works Council who would have been

elected or appointed by the establishments and, or undertakings which are directly

concerned by the measures in question shall also have the right to participate in the

meeting organised with the select committee.

(4) The information and consultation meeting mentioned in the preceding

paragraphs shall take place as soon as possible on the basis of a report drawn up by

the central management or any other appropriate level of management of

community-scale undertaking or community-scale group of undertakings on which

an opinion may be delivered at the end of the meeting or within a reasonable time

Provided that the prerogatives of the central management shall not be

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prejudiced by the holding of such a meeting.

4. The parties present at the meeting referred to in paragraph 2 of this Schedule

are to agree as to how to conduct the procedure during the said meeting and in case

of disagreement then the parties should conduct the meeting alternately and establish

the procedure thereof.

5. Before any meeting with the central management, or other appropriate level

of management referred to in paragraph 3(2), the European Works Council or the

Select committee, where necessary enlarged in accordance with the provisions of

paragraph 3(3), shall be entitled to meet without the management concerned being

present.

6. Without prejudice to regulation 9 of these regulations, the members of the

European Works Council shall inform the representatives of the employees of the

establishments or of the, undertakings of a community scale group of undertakings

or, in the absence of representatives, the workforce as a whole, of the content and

outcome of the information and consultation procedure carried out in accordance

with this Schedule.

7. The European Works Council or the select committee may be assisted by

experts of its choice, in so far as this is necessary for it to carry out its tasks.

8. (1) The operating expenses of the European Works Council shall be borne

by the central management which shall provide the members of the European Works

Council with such financial and material resources as to enable them to perform their

duties in an appropriate manner.

(2) In particular, the cost of organizing meetings and arranging for interpretation

facilities and the accommodation and travelling expenses of members of the

European Works Council and its select committee shall be met by the central

management unless otherwise agreed.

(1)

For the purposes of these regulations

"central management" means the central management of the

undertaking or, in the case of a Community-scale group of

undertakings, of the controlling undertaking, or, as provided for in

regulation 3(2), the representative agent or the management of the

establishment;

"Community-scale group of undertakings" means a group of

undertakings with the following characteristics

-

at least a total of 1000 employees employed in

Member States;

-

at least two group undertakings in different Member

States, and

-

at least one group undertaking with at least 150

employees in any one Member State and at least one

other group undertaking with at least 150 employees in

another Member State;

"Community-scale undertaking" means any undertaking with at

least 1000 employees, within Member States and which also has at

least 150 employees in each of at least two Member States;

"consultation" means the exchange of views and establishment of

dialogue between employees’ representatives and central

management or any more appropriate level of management;

"controlling undertaking" means an undertaking which can

exercise a dominant influence over another undertaking hereinafter

referred to as the "controlled undertaking" by virtue of, amongst

other reasons, ownership, financial participation or the rules which

govern it;

"employees’ representative" shall mean either the recognised

union representative or, in case of non-unionised employees, the

representative or representatives duly elected from amongst the

employees;

"establishment", in relation to an undertaking, means a division

of the undertaking physically separated from other parts of the

undertaking;

"European Works Council" means the council established in

accordance with -

(a) the provisions of regulation 7 or regulation 8 and the

Schedule, with the purpose of informing and

consulting employees;

(b) where appropriate, the provisions of the law or

practice of a Member State other than Malta which are

designed to give effect to article 6 and article 7 of the

Annex to EU Council Directive 94/45/EC;

"group of undertakings" means a controlling undertaking and its

controlled undertakings, and ‘group undertaking’ means any

undertaking of a group of undertakings;

"Member State" means a member state of the European Union, of

the European Economic Area or any other state as the Minister may

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prescribe;

"Special Negotiating Body" means the body established in

accordance with regulations 5 and 6 to negotiate with the central

management regarding the establishment of a European Works

Council or other equivalent procedure for informing and consulting

employees;

"undertaking" means any form of economic activity.

(2) Subject to the provisions of subregulation (1), terms and

expressions used in these regulations shall, unless the context

otherwise requires, have the meaning assigned to them in the Act.

(3) The prescribed thresholds to determine whether an

undertaking is a community-scale undertaking or a community

scale group of undertakings, shall be based on the number of

employees employed by the undertaking or group of undertakings

which, for the purpose of these regulations, shall be calculated as

follows

(a) in the case of employees in Malta, on the average

number of employees who were employed during the

two year period ending on the last day of the month

preceding the month in which a request pursuant to

regulation 4 was made, whether such employees are on

a definite or indefinite contract, and including part-

time employees whose part-time employment is their

principal employment in respect of which social

security contributions are payable in respect of the

Social Security Act;

(b) in the case of employees in other member states, by the

average number of employees employed in a two year

period as referred to in the preceding paragraph

calculated according to the laws in force and, or,

practice in that state giving effect to EU Council

Directive 94/45/EC.

(4) The ability of an undertaking to exercise a dominant

influence shall be presumed, unless the contrary is proved, when in

relation to another undertaking, it directly or indirectly

(a) holds a majority of that undertaking’s subscribed

capital; or

(b) controls a majority of the votes attached to that

undertaking’s issued share capital; or

(c) can appoint more than half of the members of that

undertaking’s

administrative,

management

or

supervisory body.

(5) For the purposes of subregulation (4), a controlling

undertaking’s rights as regards voting and appointment shall

include the rights of any of its controlled undertakings and those of

any person or body acting in his or its own name but on behalf of

the controlling undertaking or of any other of its controlled

undertakings.

(6)

Notwithstanding what is stated in these regulations, an

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undertaking shall not be regarded as a controlling undertaking of

another undertaking in which it has holdings where the first-

mentioned undertaking is a company referred to in Article 3(5)(a)

or (c) of Council Regulation (EEC) No. 4064/89 of 21 December

1989, on the control of concentrations between undertakings.

(7) A dominant influence shall not be presumed to be exercised

solely by virtue of the fact that an office holder is exercising his

functions, according to the law of the Member State in which the

undertaking is situated, which relates to liquidation, winding up,

insolvency, cessation of payments, composition of creditors or

analogous proceedings.

(8) The law applicable in order to determine whether an

undertaking is a controlling undertaking shall be the law of the

Member State which governs that undertaking. Where the law

governing an undertaking is not that of a Member State, the law

applicable shall be the law of the Member State within whose

territory the representative of the undertaking or, in the absence of

such a representative, the central management of the group

undertaking which employs the highest number of employees in

any one Member State, is situated.

(9) Where, in the case of a conflict of laws in the application of

subregulation (4), two or more undertakings from a group, whether

situated in Malta or in any member state, satisfy one or more of the

criteria laid down in that subregulation, the organisation which

satisfies the criterion laid down in subregulation (4)(c) shall be

regarded as the controlling undertaking, without prejudice to proof

that another undertaking is able to exercise a dominant influence.

(1) The central management shall be responsible for

creating and maintaining the conditions and means necessary for

the setting up of a European Works Council or an alternative

information and consultation procedure in a community-scale

undertaking or community-scale group of undertakings where

(a) the central management is situated in Malta;

(b) the central management is not situated in a Member

State and the representative agent of the central

management (to be designated if necessary) is situated

in Malta; or

(c) neither the central management nor the representative

agent (whether or not as a result of being designated)

is situated in a Member State and -

(i) in the case of a Community-scale undertaking,

there are employed in an establishment, which is

situated in Malta, more employees than are

employed in any other establishment which is

situated in a Member State, or

(ii) in the case of a Community-scale group of

undertakings, there are employed in a group

undertaking, which is situated in Malta, more

employees than are employed in any other group

undertaking which is situated in another Member

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State,

and the central management initiates, or is required to

initiate, negotiations for a European Works Council or

information and consultation procedure in terms of

regulation 5.

(2) Where the circumstances described in subregulation (1)(b)

or (c) apply, the central management shall be treated, for the

purposes of these regulations, as being situated in Malta and -

(a) the representative agent referred to in subregulation

(1)(b); or

(b) the management of the establishment referred to in

subregulation (1)(c)(i) or of the group undertaking,

referred to in subregulation (1)(c)(ii),

shall be treated, respectively, as being the central management.

(3) It shall be the duty of the management of establishments of

a community-scale undertaking situated on Maltese territory or of

the management of undertakings which form part of a community-

scale group of undertakings situated on Maltese territory, as the

case may be, to comply with the relevant provisions of these

regulations, irrespective of whether or not the central management

is situated in Malta.

(1) An employee or an employees’ representative may

present a written request for information from the management of

an establishment, or of an undertaking in Malta for the purpose of

determining whether, in the case of an establishment, it is part of a

Community-scale undertaking or Community-scale group of

undertakings or, in the case of an undertaking, it is a Community-

scale undertaking or is part of a Community-scale group of

undertakings.

(2) The management of an establishment or undertaking to

which a request under subregulation (1) is made shall provide the

employee or employees’ representative who has made the request

with information on the average number of employees employed by

the undertaking, or as the case may be the group of undertakings, in

Malta and in each of the other Member States calculated as

specified in regulation 2(3), within one month from the date of

receipt of the request.

(3) Failure to provide the information as provided for in the

previous subregulation or to provide false or incomplete

information shall be deemed an offence against these regulations.

(1) It shall be the duty of the central management to

establish a Special Negotiating Body to negotiate with the central

management for the establishment of a European Works Council or

an alternative information and consultation procedure.

(2) The central management shall initiate action to fulfil the

obligations referred to in the previous sub-regulation, either

(a) on its own initiative, or

(b) on receipt of a written request or requests by at least a

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total of 100 employees, or by employees’

representatives representing at least that number, in at

least two undertakings or establishments in at least two

different Member states, addressed to either the central

management or to local management, whether received

as a single request or as a number of separate requests,

on one or several dates.

(3) The central management shall commence negotiations on

the establishment of a European Works Council within six months

from the date of receipt of the written request.

(4) Where the request is lodged with the local management

pursuant to subregulation (2)(b), 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 and 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 subregulation (3).

(1) The function of the Special Negotiating Body shall be

to negotiate with the central management, for a written agreement

or agreements for the establishment of arrangements for the

information and consultation of employees and for determining the

scope, composition, functions, and term of office of the European

Works Council or alternative arrangements for implementing a

procedure for the information and consultation of employees.

(2) The Special Negotiating Body shall be composed of at least

three members who shall be elected or appointed according to the

following criteria

(a) one member representing each member state in which

the community-scale undertaking has one or more

establishments, or in which the Community-scale

group of undertakings has its controlling undertaking

or one or more controlled undertakings; and

(b) one additional member from a Member State where at

least 25% but less than 50% of the employees of the

undertaking or group of undertakings who are

employed in the Member States;

(c) two additional members from a Member State where at

least 50% but less than 75% of the employees the

undertaking or group of undertakings who are

employed in the Member States are employed;

(d) three additional members from a Member State in

which 75% or more of the employees of the

undertaking or group of undertakings who are

employed in the Member States are employed.

(3) Employees’ representatives from countries that are not

Member States may be permitted to participate in the meetings and

activities of the European Works Council if there is agreement

between the central management and the Special Negotiating Body

to this effect, but shall not be entitled to vote.

(4)

The method of selection of the members representing

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employees employed by the undertaking, or as the case may be the

group of undertakings, situated in Malta to sit on the Special

Negotiating Body shall be by means of an election from amongst

eligible candidates who satisfy the criteria laid down in regulation

2(3)(a) and who are in employment but not in their probationary

period on the date of nomination, and the central management shall

appoint a responsible person to act as ballot supervisor to oversee

the whole process of nominations and election, and any expenses

related to the process of appointing or electing the Special

Negotiating Body shall be borne by the central management.

(5) The date for nomination of candidates, which shall be

established by the ballot supervisor, shall be within two months

from the date when the request to commence negotiations on an

agreement to establish a European Works Council was made or

when the decision was taken by central management to commence

negotiations on its own initiatives, whichever was the earlier.

(6) Where the number of candidates on the day of nomination

equals the number of representatives to be elected to the Special

Negotiating Body, these shall be considered to have been

automatically appointed to the Special Negotiating Body.

(7) Where the number of candidates on the day of nomination

exceeds the number of representatives to be elected to the Special

Negotiating Body, arrangements shall be made by management to

hold a secret ballot to elect the required number of representatives.

(8) Arrangements for the holding of such a ballot shall be

finalised by the central management within one month from the

date of nomination of candidates referred to in subregulation (5)

and the central management shall ensure that the process of

nominations and the ballot itself shall be overseen by the ballot

supervisor. The ballot itself, if necessary, shall be held within two

months from the date of nomination of candidates referred to in

subregulation (5).

(9) Any employee who is in employment on the day or days of

the election and satisfies the criteria referred to in regulation

2(3)(a) shall be entitled to vote in such an election.

(10) Any person may make a written complaint in relation to any

aspect relating to the election of the representatives to the Special

Negotiating Body including the eligibility to stand for election,

eligibility to vote or the organisation of such a ballot, to the

Director responsible for Industrial and Employment Relations, who

shall investigate whether such a complaint is well-founded and who

may direct that appropriate measures be taken by any person

involved to eliminate any grounds for well-founded complaints,

and any decision taken by the Director on any matter relating to the

organisation of the ballot shall be final.

(11) It shall be the duty of the ballot supervisor to give the

formal results of the process of nomination or ballot held to appoint

the Special Negotiating Body, as the case may be, to the central

management and local management as soon as practicable, and in

any case within one month, after the date of the election or

appointment of its members.

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(12) With a view to concluding an agreement referred to in

regulation 7 the central management shall convene a meeting with

the special negotiating body and shall inform local managements

accordingly.

(13) Subject to subregulation (14), the special negotiating body

shall take decisions by a majority of the votes cast by its members

and each member of the Special Negotiating Body shall have one

vote.

(14) The Special Negotiating Body may decide, by at least two-

thirds of the votes, either not to open negotiations in accordance

with subregulation (12), or to terminate the negotiations already

opened, in which case the provisions of the Schedule shall not

apply.

(15) A new request to convene the Special Negotiating Body

may be made at the earliest two years after the decision mentioned

in subparagraph (14) has been taken, unless the parties concerned

agree on a shorter period.

(16) For the purpose of the negotiations, the special negotiating

body may be assisted by experts of its choice.

(17) Any reasonable expenses relating to the negotiations

referred to in this regulation shall be borne by the central

management so as to enable the Special Negotiating Body to carry

out its functions in an appropriate manner.

(18) For the purposes of the preceding subregulation, reasonable

expenses shall include the cost of meetings of the Special

Negotiating Body, whether with the central management or

otherwise, including the cost of materials, the venue, translations,

travel and accommodation, and the equivalent cost of one expert

per meeting.

(1) The central management and the special negotiating

body shall be obliged to negotiate in a spirit of cooperation with a

view to reaching a written agreement on the detailed arrangements

for the information and consultation of employees in a Community-

scale undertaking or Community-scale group of undertakings.

(2) The central management and the special negotiating body

may decide in writing to establish an alternative information and

consultation procedure instead of a European Works Council.

(3) When the central management and the special negotiating

body reach an agreement making arrangements for the information

and consultation of employees, whether it involves the

establishment of a European Works Council, or an alternative

information and consultation procedure, the agreement shall

determine

(a) the undertakings of the Community-scale group of

undertakings, or the establishments of the Community-

scale undertaking, covered by the agreement,

(b) the duration of the agreement and the procedure for its

re-negotiation, and

(c) the method by which the information conveyed to

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employees’ representatives shall be conveyed to

employees in the different Member States and the

opinion of employees given on the information so

conveyed shall be recorded, irrespective of the

Member State in which the central management is

located.

(4) Where an agreement requires the establishment of a

European Works Council, it shall also determine

(a) the composition of the European Works Council, the

number of members, the allocation of seats and the

term of office,

(b) the functions, and the procedure for information and

consultation, of the Council,

(c) the venue, frequency and duration of meetings of the

Council, and

(d) the financial and other resources to be allocated to the

Council.

(5) Where an agreement requires the establishment of an

alternative information and consultation procedure, it shall also

determine

(a) what that procedure shall be,

(b) the issues for information and consultation,

(c) the methods according to which the employees’

representatives in the different Member States can

meet for exchange of views regarding the information

conveyed to them, and

(d) the financial and other resources to be allocated to

ensure the operation of the procedure and the holding

of the meetings referred to in paragraph (c).

(6) An agreement referred to in subregulation (3) or (4) shall

not to be subject to the provisions of the Schedule, except to the

extent that the parties provide in the agreement that any of those

requirements are to apply.

(7) Where a Community-scale group of undertakings comprises

one or more undertakings or groups of undertakings which are

themselves Community-scale undertakings or Community-scale

groups of undertakings, the European Works Council shall be

established at the level of the first-mentioned Community-scale

group of undertakings, unless an agreement referred to in

subregulation (3) provides otherwise.

(8) Unless a wider scope is provided for in an agreement

referred to in subregulation (1), the powers and competence of a

European Works Council and the scope of an information and

consultation procedure shall, in the case of a Community-scale

undertaking, cover all the establishments located within the

Member States and, in the case of a Community-scale group of

undertakings, all group undertakings located within the Member

States.

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(9) The Special Negotiating Body shall remain in existence

only for as long as it continues to have the function of negotiating

for an agreement leading to the establishment of a European Works

Council, or an alternative information and consultation procedure

and shall automatically dissolve on its ceasing to have that

function.

(1) The subsidiary requirements as laid down in the

Schedule shall apply if any of the situations below subsist

(a) where the central management and the Special

Negotiating Body so decide, or

(b) where the central management refuses to commence

negotiations within six months of the request referred

to in regulation 5(2), or

(c) where, after three years from the date of this request,

the parties are unable to conclude an agreement as laid

down in regulation 7 and the Special Negotiating Body

has not taken the decision provided for in regulation

6(14).

(2) Where the subsidiary requirements apply to an undertaking

or group of undertakings, the central management shall as soon as

practicable, but in any case not later than six months after they first

become applicable, comply with the requirements.

(1) Members of the Special Negotiating Body and of the

European Works Council, or of any other body established under

these regulations in order to facilitate informing and consulting

employees, as well as any persons who assist them, shall not reveal

any information which has been provided to them in confidence

and this prohibition shall apply even after the expiry of the term of

office of the persons concerned

Provided that a person may, in accordance with his or her

duties as a member, expert or employees’ representative to the

information and consultation procedure, disclose such information

(a) to the Body or Council of which he or she is or was

then a member,

(b) to another employees’ representative to the procedure,

or

(c) to the member, body or person he or she is or was then

employed to advise.

(2) Without prejudice to regulation 4, the central management

shall not be obliged to transmit certain information to the Special

Negotiating Body, European Works Council or in connection with

an alternative information and consultation procedure -

(a) where it can show that the disclosure would be likely

to prejudice significantly and adversely the economic

or financial position of an undertaking or group of

undertakings or breach statutory or regulatory rules, or

(b) where the information is of a kind that meets objective

standards for determining that it should be withheld

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agreed between the central management and the

Special Negotiating Body, European Works Council or

the employees’ representatives to an information and

consultation procedure.

(1) Members of the Special Negotiating body or members

of the European Works Council or any other body established to

facilitate the process of information and consultation of employees

by virtue of these regulations shall, in the exercise of their

functions, enjoy the same protection as an employees’

representatives in terms of article 36(14)(a) of the Employment and

Industrial Relations Act.

(2) Such members as referred to in the preceding subregulation,

shall be allowed to attend any meetings of the Special Negotiating

Body, European Works Council or any other meeting within the

framework of the agreement referred to in regulation 7 and shall be

paid their wages during the periods of absence from their place of

work as may be necessary to perform their duties pursuant to these

regulations.

These regulations shall be without prejudice to any

existing rights to information and consultation which employees

may have as a result of existing legislation.

Any person who fails to comply with any obligation

imposed on such person under these regulations shall be guilty of

an offence and shall on conviction be liable

(a) to a fine (multa) of not less than twenty-three euro and

twenty-nine cents (23.29) and not more than one

hundred and sixteen euro and forty-seven cents

(116.47) for every employee of the Community-scale

undertaking

or

Community-scale

group

of

undertakings as the case may be in relation to a failure

by central management to

(i) provide information about the number of

employees or the status of employees for the

purpose of regulation 4, or to wilfully obstruct

or delay the provision of such information, or

(ii) establish, or to fully establish, a Special

Negotiating Body, a European Works Council or

an alternative information and consultation

procedure in accordance with any agreement

reached pursuant to regulation 7, or

(iii) comply with the requirements referred to in

regulation 8;

(b) in relation to any other offence, a fine (multa) of not

less than one thousand and one hundred and sixty-four

euro and sixty-nine cents (1,164.69) and not more than

eleven thousand and six hundred and forty-six euro

and eighty-seven cents (11,646.87).

EUROPEAN WORKS COUNCIL