S.L. 452.135 Art. 6Monitoring and data collection.

(1) The Director shall take the appropriate measures to ensure that the necessary data to determine the rate of collective bargaining coverage shall be gathered at all times.

(2) Without prejudice to articles 56 to 59 of the Act, both inclusive, every trade union and employers’ association shall keep an up-to-date record of the following:

(a) number of members of the trade union or employers’ association;

(b) copies of collective agreements;

(c) information on the industries or sectors covered by the collective agreements provided for in paragraph (b);

(d) the duration and the expiration dates of the collective agreements provided for in paragraph (b);

(e) the percentage of workers represented by the trade union or employers by an employer’s association, for every company and, or entity; and

(f) records of any disputes related to collective bargaining.

(3) If a trade union or an employers’ association refuses or wilfully neglects to perform a duty imposed on it by, or under regulation 6(2), the trade union or employers’ association shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

(4) Whenever requested by the Director, a trade union or an employers’ association shall transmit within the timeframe as prescribed by the Director from date of request, any data or combinations of data listed in regulation 6(2) in the manner as prescribed by the Director.

(5) Any trade union or employers’ association may request an extension of the period within which to submit data as requested by the Director under sub-regulation (4). The Director, upon receipt of this request for such an extension, at his discretion and after evaluating the reasons submitted by the trade union or employers’ association for such an extension, may extend the time as is reasonably necessary. The trade union or employers’ association requested to give data mentioned in sub-regulation (4) shall submit the information requested within the extended timeframe.

(6) (a) The Director or any authorized inspector appointed in accordance with article 43(1) of the Act, or any other person authorized by the Director, shall have the right to request and obtain from any person, natural or legal, including employers, trade unions, associations or other entities established by law, any data or information pertaining to the employment status of a worker, as necessary for the purpose of ensuring compliance with these regulations, the Act and any other subsidiary legislation made thereunder.

(b) Any person in receipt of a request under this regulation shall promptly provide the requested data or information to the Director, authorized inspector, or any other officer authorised by the Director within the specified timeframe, in the manner prescribed by the Director:

Provided that upon receipt of request for data in pursuance of paragraph (a), sub-regulation (5) shall apply mutatis mutandis.

(7) In all data requests made in accordance with regulation 6(4) and (6), the Director shall ensure the confidentiality and appropriate use of all employment-related data obtained under this regulation, in accordance with data protection laws and regulations.