2.

For this purpose, a special negotiating body shall be established in accordance with the following guidelines: The Member States shall determine the method to be used for the election or appointment of the members of the special negotiating body who are to be elected or appointed in their territories. Member States shall provide that employees in undertakings and/or establishments in which there are no employees' representatives throguh no fault of their own, have the right to elect or appoint members of the special negotiating body. The second subparagraph shall be without prejudice to national legislation and/or practice laying down thresholds for the establishment of employee representation bodies. The special negotiating body shall have a minimum of three and a maximum of 17 members. In these elections or appointments, it must be ensured: firstly, that each Member State in which the Community-scale undertaking has one or more establishbments or in which the Community-scale group of undertakings has the controlling undertaking or one or more controlled undertakings is represented by one member, secondly, that there are supplementary members in proportion to the number of employees working in the establishments, the controlling undertaking or the controlled undertakings as laid down by the legislation of the Member State within the territory of which the central management is situated. The central management and local management shall be informed of the composition of the special negotiating body.

← art_5__para · All articles · a) →

Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.