S.L. 452.86 Art. 12Enforcement.

Any person who fails to comply with any obligation imposed on such person under these regulations shall be guilty of an offence and shall on conviction be liable:

(a) to a fine (multa) of not less than twenty-three euro and twenty-nine cents (23.29) and not more than one hundred and sixteen euro and forty-seven cents (116.47) for every employee of the Community-scale undertaking or Community-scale group of undertakings as the case may be in relation to a failure by central management to:

(i) provide information about the number of employees or the status of employees for the purpose of regulation 4, or to wilfully obstruct or delay the provision of such information, or

(ii) establish, or to fully establish, a Special Negotiating Body, a European Works Council or an alternative information and consultation procedure in accordance with any agreement reached pursuant to regulation 7, or

(iii) comply with the requirements referred to in regulation 8;

(b) in relation to any other offence, a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87). establishment, composition and competence of a European Works governed by the following rules: competence of the European Works Council shall be limited to information and consultation on the matters which concern the community-scale undertaking or community-scale group of undertakings as a whole or at least two of its establishments or group undertakings situated in different Member States. This provision shall apply whether the central management is located in a member state or elsewhere. the case of community-scale undertakings or community-scale groups of undertakings referred to in regulation 3(1)(b) and (c) of these regulations, the competence of the European Works Council shall be limited to those matters concerning all the establishments or group undertakings situated within the Member states or concerning at least of the establishments or group organisations situated in different Member States. European Works Council shall be composed of employees of the community-scale undertakings or community-scale groups of undertakings elected or appointed from their number by the employees’ representatives or, in the absence thereof, by the entire body of employees. The European Works Council shall be composed of a minimum of three and a maximum of 30 members. Where its size so warrants, the European Works Council shall elect a select committee from among its members, comprising at most three members, to act on behalf of the European works Council. Saving what is mentioned in these regulations, the European Works Council shall adopt its own rules of procedure. the election or appointment of members on the European Works Council, it shall be ensured that: there shall be at least one member representing each member state in which the community-scale undertaking has one or more establishments or in which the community scale group of undertakings has the controlling undertaking or one or more controlled undertakings; additional members shall be elected to the European Works Council in accordance with the following criteria:

(i) where applicable, one additional seat for each Member State where at least 25% but less than 50% of the employees are employed;

(ii) two additional members from a Member State where at least 50% but less than 75 % of the employees are employed;

(iii) three additional seats from a Member State where 75% or more of the employees are employed. employed by the undertaking, or as the case may undertakings, situated in Malta shall be elected or appointed to the procedure outlined in regulation 6.

(8) (a) Four years after the date when the European Works been established there shall be examined whether negotiations for the conclusion of the agreement regulation 7 of these regulations or to continue subsidiary requirements adopted in accordance Schedule.

(b) Regulations 7 and 8 shall apply mutatis mutandis, has been taken to negotiate an agreement according 7, in which case the words ‘Special Negotiating replaced by ‘European Works Council’.