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Works Council Act
Chapter 5a. Participation in small-scale enterprises
Engelse vertaling
WCA: Section 35c. Representation of staff in the 50-minus enterprise without a Works Council

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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 paragraph 3.
  6. Information and data intended for the representative body, which in accordance with Section 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.
  7. The 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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