S.L. 452.107 · European Works Council (S.L. 452.107)
S.L. 452.107 Art. 3Objectives.
(1) The arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the undertaking or group of undertakings to take decisions effectively.
(2) Information and consultation of employees must occur at the relevant level of management and representation, according to the subject under discussion. To achieve that, the competence of the European Works Council and the scope of the information and consultation procedure for employees governed by these regulations shall be limited to transnational issues: Provided that matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
(3) Notwithstanding anything stated in these regulations, where a Community-scale group of undertakings comprises one or more undertakings or groups of undertakings which are Community-scale undertakings or Community-scale groups of undertakings, a European Works Council shall be established at the level of the group unless the agreements referred to in regulation 7 provide otherwise.
(4) Unless a wider scope is provided for in the agreements referred to in regulation 7, the powers and competence of European Works Councils and the scope of information and consultation procedures established to achieve the purpose specified in egulation 1(2) 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.