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S.L. 452.103 · Employee Involvement (Cross-Border (S.L. 452.103)

S.L. 452.103 ст. 2Definitions. Cap. 452. Cap. 386. Cap. 386. Cap. 386.

ДействуетОфициальный текст

(1) For the purpose of these regulations:

"the Act" means the Employment and Industrial Relations Act;

"company" and "merger" have the same meaning assigned to them by the Companies Act and by regulations issued thereunder;

"cross-border merger" has the same meaning assigned to it by the Companies Act and by regulations issued thereunder and includes any merger of companies formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community, provided at least two of such companies are governed by the laws of different Member States; "involvement of employees" means any mechanism, including information, consultation and participation, through which employees’ representatives may exercise an influence on decisions to be taken within an undertaking; "Maltese employee" means an employee employed by an undertaking established in Malta<; "Member State" means a member state of the European Union or the European Economic Area; "merging companies" has the same meaning assigned to it by the Companies Act and by regulations issued thereunder and includes all the companies taking part in a cross-border merger, including an acquiring company; "participation" means the influence of the body representative of the employees or the employees’ representatives, or both, in the affairs of a legal entity by way of -

(a) the right to elect or appoint some of the members of the legal entity’s supervisory or administrative organ, or

(b) the right to recommend or oppose, or both, the appointment of some or all of the members of the legal entity’s supervisory or administrative organ.

(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) In the absence of a definition given in these regulations, words and expressions used in these regulations which are also used in the Directive shall have the same meaning as they have in the same Directive.