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The European Cooperative Society (Involvement of Employees) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 2059
- PART 4
- Regulation 19
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Decision not to open or to terminate negotiationsU.K.
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19.—(1) Subject to paragraph (2), the special negotiating body may decide, by a two thirds majority vote, not to open negotiations with the participating individuals and the competent organs of the participating legal entities or to terminate any such negotiations.
(2) The special negotiating body cannot take the decision referred to in paragraph (1) in relation to an SCE to be formed by conversion if any employees of the cooperative to be converted have participation.
(3) Any decision made under paragraph (1) shall have the following effects—
(a)the duty in regulation 16(2) to negotiate with a view to reaching an employee involvement agreement shall cease as from the date of the decision;
(b)any rules relating to the information and consultation of employees in an EEA State in which employees of the SCE are employed shall apply to the employees of the SCE in that EEA State; and
(c)the special negotiating body shall be reconvened only if a valid request in accordance with paragraph (4) is made by employees or employees' representatives.
(4) To amount to a valid request, the request referred to in paragraph (3)(c) must—
(a)be in writing;
(b)be made by at least 10% of the employees of, or by employees' representatives representing at least 10% of, the total number of employees employed by—
(i)the participating individuals, the participating legal entities and such participating legal entities' concerned subsidiaries, or
(ii)where the SCE has been registered, the SCE and it subsidiaries; and
(c)be made no earlier than two years after the decision made under paragraph (1) was or should have been published in accordance with regulation 18(4) unless the special negotiating body and every participating individual and the competent organs of every participating legal entity or, where the SCE has been registered, the SCE agree to the special negotiating body being reconvened earlier.
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