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Defined terms — Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (Text with EEA relevance )

European Union · 32009L0038 · 536 provisions

9 defined in this instrument, 1 borrowed from other acts.

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central management — the central management of the Community-scale undertaking or, in the case of a Community-scale group of undertakings, of the controlling undertaking (e)
Community-scale group of undertakings — a group of undertakings with the following characteristics: at least 1000 employees within the Member States, at least two group undertakings in different Member States, and at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State (c)
Community-scale undertaking — any undertaking with at least 1000 employees within the Member States and at least 150 employees in each of at least two Member States (a)
consultation — the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management, at such time, in such fashion and with such content as enables employees’ representatives to express an opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which may be taken into account within the Community-scale undertaking or Community-scale group of undertakings (g)
controlling undertaking — an undertaking which can exercise a dominant influence over another undertaking (the controlled undertaking) by virtue, for example, of ownership, financial participation or the rules which govern it 1.
controlling undertaking — borrowed from another act; this instrument states no meaning of its own 4.
European Works Council — a council established in accordance with Article 1(2) or the provisions of Annex I, with the purpose of informing and consulting employees (h)
group of undertakings — a controlling undertaking and its controlled undertakings (b)
information — transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it; information shall be given at such time, in such fashion and with such content as are appropriate to enable employees’ representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings (f)
special negotiating body — the body established in accordance with Article 5(2) to negotiate with the central management regarding the establishment of a European Works Council or a procedure for informing and consulting employees in accordance with Article 1(2) (i)