S.L. 452.98 Art. 11Standard rules on employee involvement.

(1) Without prejudice to subregulation (2), where this regulation applies, the competent organ of the SCE and its subsidiaries and establishments shall make arrangements for the involvement of employees of the SCE and its subsidiaries and establishments in accordance with the standard rules on employee involvement set out in the Schedule to these regulations when:

(a) the parties agree that the standard rules shall apply; or

(b) the period specified in regulation 9(2)(a) or, where applicable, paragraph (b) has expired without the parties reaching an employee involvement agreement and -

(i) the competent organs of each of the participating legal entities decide to accept that the standard rules shall apply and so continue with the registration of the SCE, and

(ii) the special negotiating body has not taken any decision under regulation 8(1) either not to open or to terminate the negotiations referred to in that regulation: Provided that the standard rules shall apply from the date of registration of the SCE.

(2) The standard rules on participation as set out in Part 3 of the Schedule only apply:

(a) in the case of an SCE established by transformation, if the rules of a Member State relating to employee participation in the administrative or supervisory body applied to a cooperative transformed into an SCE;

(b) in the case of an SCE established by merger if, before registration of the SCE, one or more forms of participation existed in at least one of the participating cooperatives and:

(i) either that participation applied to at least 25% of the total number of employees of the participating cooperatives employed in the Member States, or

(ii) that participation applied to less than 25% of the total number of employees of the participating cooperatives employed in the Member States and the special negotiating body decides that the standard rules of participation will apply to the employees of the SCE;

(c) in the case of an SCE established by any other way if, before registration of the SCE, one or more forms of participation existed in at least one of the participating legal entities and:

(i) either that participation applied to at least 50% of the total number of employees of the participating legal entities employed in the Member States; or

(ii) that participation applied to less than 50% of the total number of employees of the participating legal entities employed in the Member States and the special negotiating body decides that the standard rules of participation will apply to the employees of the SCE.

(3) Where the standard rules on participation apply and, if more than one form of participation existed in the participating legal entity, the special negotiating body shall decide which of the existing forms of participation shall exist in the SCE and shall inform the competent organs of the participating legal entities accordingly.