Transnational Information and Consultation of Employees Act 1996

Content of agreement.

12

12. (1) The central management and the Special Negotiating Body shall carry out the negotiations referred to in section 11 (1) in a spirit of co-operation with a view to reaching an agreement or agreements.

(2) An arrangement for the information and consultation of employees referred to in section 11 (1) may invoke the establishment of a European Employees’ Forum but the parties may also agree to establish one or more information and consultation procedures instead of a European Employees’ Forum.

(3) Without prejudice to the autonomy of the parties or the generality of section 11 (1) , an agreement F27 [ effected in writing ] making arrangements for the information and consultation of employees, whether it involves the establishment of a European Employees’ Forum or an information and consultation procedure, shall determine—

( a) the undertakings of the Community-scale group of undertakings, or the establishments of the Community-scale undertaking, covered by the agreement,

F28 [ ( b ) the date of entry into force of the agreement and its duration, the arrangements for amending or terminating the agreement and the cases in which the agreement shall be renegotiated and the procedure for its renegotiation, including, where necessary, where the structure of the Community-scale undertaking or Community-scale group of undertakings changes, and ]

( c) by what method the information conveyed to employees’ representatives shall be conveyed to employees in the State 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 Employees’ Forum, it shall also determine—

F28 [ ( a ) the composition of the Forum, the number of members, the allocation of seats, and the term of office, taking into account where possible the need for balanced representation of employees with regard to their activities, category and gender, ]

F28 [ ( b ) the functions and the procedure for information and consultation of the Forum and the arrangements for linking information and consultation of the Forum and national employee representation bodies, in accordance with the principles set out in section 8(5), ]

F29 [ ( ba ) where necessary, the composition, the appointment procedure, the functions and the procedural rules of the select committee set up within the Forum, ]

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

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

(5) Where an agreement requires the establishment of an 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).

F30 [ (5A) The information referred to in paragraph ( c ) of subsection (5) shall relate in particular to information relating to transnational questions which significantly affect employees interests. ]

(6) Unless it otherwise provides, an agreement shall not be subject to the subsidiary requirements of the Second Schedule .

(7) For the purposes of concluding an agreement, the Special Negotiating Body shall act by a majority of its members present and entitled to vote at a meeting.

(8) An agreement which results in the establishment of a European Employees’ Forum or an information and consultation procedure shall not provide for its re-negotiation by a Special Negotiating Body but may be re-negotiated with the central management by the European Employees’ Forum (which shall be deemed to continue in existence as may be necessary for that purpose) or the employees’ representatives to the information and consultation procedure, as the case may be.

(9) A Special Negotiating Body shall remain in existence for as long only as it continues to have the function of negotiating for an agreement referred to in section 11 (1) and shall automatically dissolve on its ceasing to have that function.