Transnational Information and Consultation of Employees Act 1996

F31 [ Adaptation of agreements in event of significant structural changes.

12A

12A. (1) Where the structure of the Community-scale undertaking or Community-scale group of undertakings changes significantly, and

( a ) in the absence of provisions established by any agreement in force, or

( b ) in the event of conflicts between the relevant provisions of 2 or more applicable agreements,

the central management shall initiate the negotiations referred to in section 10 on its own initiative or at the written request of at least 100 employees or their representatives in at least 2 undertakings or establishments in at least 2 different Member States.

(2) At least 3 members of the existing European Employees Forum or European Works Council or, where there is more than one such Forum or Council, at least 3 members of each Forum or Council, shall, in addition to the members elected or appointed pursuant to section 10, be members of the Special Negotiating Body.

(3) During the negotiations, the existing European Employees Forum or European Works Council or, where there is more than one such Forum or Council, each Forum or Council, shall continue to operate in accordance with any arrangements adapted by agreement between the members of the Forum or Council and the central management. ]