S.L. 452.98 Art. 4Creation and function of special negotiating body. S.L. 452.79

(1) When the management or administrative organs of participating legal entities draw up a plan for the establishment of an SCE in Malta, they shall as soon as possible take the necessary measures to start negotiations with the representatives of the legal entities’ employees on arrangements for the involvement of employees in the SCE.

(2) The competent organs of the participating legal entities shall make arrangements for the establishment of a special negotiating body, representative of the employees of the participating legal entities and concerned subsidiaries or establishments, which shall be constituted in accordance with regulation 5.

(3) The special negotiating body and the competent organs of the participating legal entities shall have the task of reaching an employee involvement agreement.

(4) In order to facilitate the negotiation procedures, the measures referred to in subregulation (1) which the management or administrative organs of the participating legal entities are obliged to take shall include the provision of all the relevant information about the identity of the participating legal entities, concerned subsidiaries or establishments and the number of their employees as well as any matters related thereto, to the employees’ representatives of the participating legal entity, its concerned subsidiaries and establishments, or if no such representatives exist, to the employees themselves. Such measures shall be taken within three weeks from the date referred to in subregulation (1).

(5) For the purpose of these regulations, in order to calculate the number of employees employed in subsidiaries and establishments operating in Malta, account shall be taken of all employees, whether such employees are on a definite or indefinite contract, and including part-time employees whose employment is their principal employment as defined by the Part-Time Employees Regulations.