S.L. 452.107 Art. 5Establishment of special negotiating body.

(1) In order to achieve the objective set out in regulation

1(2), the central management shall have a duty to establish a

Special Negotiating Body to negotiate with the central management for the establishment of a European Works Council or an information and consultation procedure.

(2) The central management shall initiate action to fulfil the obligations referred to in sub-regulation (1), either -

(a) on its own initiative, or

(b) on receipt of a written request or requests by at least a total of one hundred 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 sub-regulation (2)(b), the local management shall ensure that the request is passed on to the central management within a period of fifteen 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 in sub-regulation (3).