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Works Council Act
Chapter 4. Consultations with the Works Council
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WCA: Section 23. Frequency; matters; right to proposal; consultative meeting with the entrepreneur

  1. The entrepreneur and the Works Council shall meet within two weeks of either party having submitted a request and reasons for doing so.
  2. Matters concerning the enterprise on which either the entrepreneur or the Works Council considers consultation desirable or on which consultation between the entrepreneur and the Works Council is mandatory by virtue of the provisions of this Act or by virtue of this Act shall be raised for discussion at the consultative meetings referred to in the preceding paragraph. At least once a year , in companies where normally at least 100 persons are employed, at least will be discussed in the consultative meeting, the subject of the level and content op employment conditions and agreements, and the development of the pay differentials compared to the previous year, for different groups of people working in the enterprise, as referrred to in Section 31d , first and second paragraph. The Works Council is entitled to submit proposals on the said matters and to present its views. Matters concerning the enterprise shall not include policy on and implementation of a public-law task which is allocated to the entrepreneur by or by virtue of a statutory regulation, except where this affects the activities of the employees in the enterprise.
  3. The Works Council is also entitled, outside the consultative meetings, to submit proposals to the entrepreneur regarding the matters referred to in paragraph 3. Any such proposal shall be submitted to the entrepreneur in writing and accompanied by an explanation. The entrepreneur shall not decide on the proposal until there has been consultation at least once in a consultative meeting. After the consultation, the entrepreneur shall inform the Works Council as soon as possible in writing, giving his reasons, whether and the extent to which he will decide in accordance with the proposal.
  4. The consultations shall be conducted for the entrepreneur by the director of the enterprise. If the enterprise has more than one director, they shall decide together which of them is to consult with the Works Council.
  5. The director referred to in the previous paragraph may allow a fellow director to deputize for him in the event of his being prevented from attending or to deal with, a particular subject. If the enterprise's management comprises one director only, he can arrange to be replaced in the event of his being unable to attend by a person as referred to in Section 24, paragraph 2, or by an employee in the enterprise who has the power to conduct consultations with the Works Council on behalf of the entrepreneur.
  6. The director or the person deputizing him may obtain the assistance in the consultations of one or more fellow directors, persons as referred to in Section 24, paragraph 2, or persons employed in the enterprise.
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