The Transnational Information and Consultation of Employees (Amendment) Regulations 2010

Amendment of regulation 17

9.  In regulation 17 (content and scope of a European Works Council agreement and information and consultation procedure)—

(a) in paragraph (4)(c) after “European Works Council” insert “and arrangements to link information and consultation of the European Works Council with information and consultation of national employee representation bodies;”;

(b) after paragraph (4)(d) insert—

“(dd) where the parties decide that it is necessary to establish a select committee, the composition of the select committee, the procedure for appointing its members, the functions and the procedural rules;”;

(c) for paragraph (4)(f) substitute—

“(f) the date of entry into force of the agreement and its duration, the arrangements for amending or terminating the agreement, the circumstances in which the agreement is to be renegotiated including where the structure of the Community-scale undertaking or Community-scale group of undertakings changes and the procedure for renegotiation of the agreement.”;

(d) after paragraph (4) insert—

“(4A) In determining the allocation of seats under paragraph (4)(b), an agreement shall, so far as reasonably practicable, take into account the need for balanced representation of employees with regard to their role and gender and the sector in which they work.”;

(e) for paragraph (5) substitute—

“(5) If the parties decide to establish an information and consultation procedure instead of a European Works Council, the agreement establishing the procedure must specify a method by which the information and consultation representatives are to enjoy the right to meet to discuss the information conveyed to them.”; and

(f) after paragraph (8) insert—

“(9) Where information disclosed under a European Works Council agreement or an information and consultation procedure includes information as to the employment situation in the Community-scale undertaking or, as the case may be, the Community-scale group of undertakings, this shall include suitable information relating to the use of agency workers (if any).”.