|Works Council Act
Chapter 5a. Participation in small-scale enterprises
WCA: Section 35c. Representation of staff in the 50-minus enterprise without a Works Council
- The entrepreneur maintaining an enterprise in which as a
rule a minimum of 10 persons but fewer than 50 persons are employed and
for which no Works Council has been set up, may
set up a representative body for its employees consisting of at least
three persons who have been directly elected from the employees that
work in the enterprise by a secret written ballot.
- On request of the majority of the persons who work in the
enterprise the entrepreneur shall set up a representative body as
referred to in paragraph 1.
- If paragraph 1 has been put into practice, Section 5a third
and fourth sentence are likewise applicable. Likewise applicable are: Section 7,
13, 17, 18
paragraph 1 and 2, 21, 22
paragraph 1, paragraph 2 as far is concerned the legal cost, and
paragraph 3 and paragraph 4, 22a, 27
paragraph 1 part b. as far is concerned an arrangement on working hours
and resting hours, and part d., paragraph 3, 4, 5 and 6, 31
paragraph 1, 32, 35b
paragraph 4 and 5 except the in this paragraph mentioned working
conditions, and seventh paragraph, and 36.
- The entrepreneur submits a proposed decision as meant in Section 27
paragraph 1, part b, as far is concerned an arrangement on working
hours and resting hours, and part d, in writing to the representative
body. He shall furnish a list of grounds for the decision and its
expected consequences for the employees in the enterprise. The
representative body shall inform the entrepreneur in writing on its
decision and its motivation for this decision as soon as possible.
After the representative body has decided the entrepreneur shall inform
the representative body as soon as possible on the decision he has
taken and from which date on he shall carry out this decision.
- The representative body may only institute committees or
invite experts with the permission of the entrepreneur. In the case of
the invitation of experts the permission shall not be required if the
expert is not remunerated or if the cost are covered by the Works
Council from an amount as referred to in Section 22
- Information and data intended for the representative body,
which in accordance with
31, first paragraph, must be provided in writing, may also be
provided verbally by the entrepreneur. Contrary to this, information
relating to the working condition pension is always provided in
writing, if the entrepreneur has the information available in writing.
entrepreneur is obliged to enter into consultation with the employee
representation on the pension employment condition, if the employee
representation makes a reasoned request to this effect.
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