S.L. 452.96 Art. 5Appointment or election of information and consultation representatives.

(1) The employer shall ensure that information and consultation of employees shall be carried out:

(a) in the case of undertakings where there is one or more recognized trade union covering all categories of employees, with the representatives of the recognized trade union or unions;

(b) in the case of undertakings where the recognized trade union or unions do not represent all categories of employees, with the representatives of the recognized trade union or unions, together with the elected or appointed representatives of the workers in the unrepresented categories: Provided that in the case of election or appointment of these representatives, only employees within the unrepresented category or categories shall be entitled to take part in a secret ballot to select their representatives: Provided further that, notwithstanding what is stated in subregulation (2)(g), if the category or categories of employees which were previously unrepresented by a recognized trade union start being represented by a recognized trade union, the term of office of any representative or representatives elected or appointed on behalf of such category or categories shall be automatically terminated on the date of the granting of recognition of the respective category of employees to the trade union concerned by the employer;

(c) in the case where there is no recognized trade union, with the representatives of the employees elected or appointed by means of a secret ballot from amongst all employees: Provided that, notwithstanding what is stated in sub-regulation (2)(g), if the category or categories of employees whichwere previously unrepresented by a recognized trade union start being represented by a recognized trade union, the term of office of any representative or representatives elected or appointed on behalf of such category or categories shall be automatically terminated on the date of the granting of recognition of the respective category of employees to the trade union concerned by the employer.

(2) In the case of a ballot referred to in sub-regulation (1)(b) and (c) for the election of representatives of employees in categories not represented by a recognized trade union:

(a) the employer shall make such arrangements as are reasonably practicable to ensure that the ballot is fair; and shall supply the Director with the procedure to be followed at least one month before the projected date of the ballot;

(b) all employees employed by the undertaking on the date of the ballot who are entitled to vote in the ballot are allowed to do so;

(c) the ballot must be conducted so as to secure that -

(i) so far as is reasonably practicable, those voting do so in secret; and

(ii) the votes given at the ballot are accurately counted;

(d) any employee who is not in his probationary period on the date of the holding of the ballot shall be entitled to stand as a candidate in such a ballot;

(e) in the event that at the end of the period allowed for the submission of nominations to stand as candidates in such a ballot only one employee who is entitled to do so stands as a candidate, such employee shall be considered to be automatically elected and shall be appointed as an information and consultation representative from the date of the end of the period set by the employer for the submission of such nominations;

(f) in the event that no employee in a category submits a nomination for candidature to take part in a ballot when called to do so by the employer, the employer shall have the duty to inform the employees in that category, at three month intervals from the initial call, of their right to have a representative to be informed and consulted and to invite them to submit nominations for candidates to take part in such a ballot within two weeks from the date of such communication: if nominations are submitted, the necessary arrangements shall be made to hold such a ballot within one month from the closing date for nominations;

(g) the number of representatives so appointed or elected shall be of not more than one representative per unrepresented category and shall hold office for a period of three years from their date of election or appointment;

(h) the employer shall take the necessary measures to hold another ballot in the event of the resignation of an elected or appointed representative or on the expiry of a representative’s term of office.

(3) Following the election or appointment of the information and consultation representatives, the employer shall:

(a) inform the employees in writing of the identity of the information and consultation representatives; and

(b) hold a first information and consultation meeting within two months from their date of election or appointment;

(c) hold a minimum of at least one meeting within six months after the date of each preceding meeting.

(4) The employer shall take all the necessary measures to ensure, as far as is reasonably practicable, that the first meeting with the information and consultation representatives shall be held:

(a) in the case of an undertaking which meets the relevant threshold specified in regulation 1(3) on the date of entry into force of these regulations, within nine months from the relevant date of entry into force of these regulations;

(b) in the case of an undertaking which meets the relevant threshold specified in regulation 1(3) after the date of entry into force of these regulations, within nine months from the date when the undertaking meets the relevant threshold.