Traduction de «représentant des travailleurs » (Français → Anglais) :

(j) "Consultation" means the establishment of dialogue and exchange of views between the body representative of the employees and/or the employees' representatives and the competent organ of the SCE, at a time, in a manner and with a content which allows the employees' representatives, on the basis of information provided, to express an opinion on measures envisaged by the competent organ which shall be considered in the decision-making process within the SCE;

The Court of Justice, in its judgement of 8 June 1994 , declared that, "by failing to provide for the designation of employee representatives where an employer does not agree to it, by excluding non-profit-making undertakings from the scope of the United Kingdom Regulations designed to implement Council Directive 77/187/EEC (...), by not requiring a transferor or transferee who envisages measures in relation to his employees to consult their representatives in good time on such measures with a view to seeking agreement, and by failing to provide for effective sanctions in the event of the employer' s failure to inform and consult employe ...[+++]e representatives, the United Kingdom has failed to fulfil its obligations under the directive and under Article 5 of the EEC Treaty".

The members of the special negotiating body, the members of the representative body, any employees' representatives exercising functions under the information and consultation procedure and any employees' representatives in the supervisory or administrative organ of an SE who are employees of the SE, its subsidiaries or establishments or of a participating company shall, in the exercise of their functions, enjoy the same protection and guarantees provided for employees' representatives by the national legislation and/or practice in force in their country of employment.

There are 16 amendments and they concern: the procedures for consulting employees, and these are in line with the common position but more specific in identifying problems; the definition of economic and financial information; the exact definition of ‘social partners’, in order to avoid ambiguities; the protection of employees’ representatives, which needs to be better defined in terms of protection against disadvantage with regard to career, wage and training ; suspension of decisions which could result in substantial negative consequences for employees, so that the taking of a final decision can be deferred for a suitable period at ...[+++] the request of employees’ representatives in order to allow time for further negotiation and for a solution acceptable to all parties to be found.

(j) "consultation" means the establishment of dialogue and exchange of views between the body representative of the employees and/or the employees' representatives and the competent organ of the SE, at a time, in a manner and with a content which allows the employees' representatives, on the basis of information provided, to express an opinion on measures envisaged by the competent organ which may be taken into account in the decision-making process within the SE.

(i) "information" means the informing of the body representative of the employees and/or employees' representatives by the competent organ of the SE on questions which concern the SE itself and any of its subsidiaries or establishments situated in another Member State or which exceed the powers of the decision-making organs in a single Member State at a time, in a manner and with a content which allows the employees' representatives to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent organ of the SE.