PART 6COMPLIANCE AND ENFORCEMENT
Disputes about the operation of an employee involvement agreement or the standard rules on employee involvement20
1
Where—
a
an employee involvement agreement has been agreed, or
b
the standard rules on employee involvement apply,
a complaint may be presented to the CAC by a relevant applicant who considers that the competent organ of a participating company F1, the SE or the UK Societas has failed to comply with the terms of the employee involvement agreement or, as the case may be, one or more of the standard information and consultation provisions.
2
A complaint brought under paragraph (1) must be brought within the period of 3 months commencing with—
a
the date of the alleged failure, or
b
where the failure takes place over a period, the last day of that period.
3
In this regulation—
“failure” means an act or omission;
“relevant applicant” means—
- a
in a case where a representative body has been appointed or elected, a member of that body;
- b
in a case where no representative body has been elected or appointed, an information and consultation representative or an employee of the SE F2or the UK Societas.
- a
4
Where it finds the complaint well-founded, the CAC—
a
must make a declaration to that effect, and
b
may make an order requiring the SE F3or the UK Societas to take such steps as are necessary to comply with the terms of the employee involvement agreement or, as the case may be, the standard rules on employee involvement.
5
An order made under paragraph (4) must specify—
a
the steps which the SE F4or the UK Societas is required to take;
b
the date of the failure;
c
the period within which the order must be complied with.
6
If the CAC makes a declaration under paragraph (4), the relevant applicant may, within the period of three months beginning with the day on which the decision is made, make an application to the Appeal Tribunal for a penalty notice to be issued.
7
Where such an application is made, the Appeal Tribunal must issue a written penalty notice to the SE F5or the UK Societas requiring it to pay a penalty to the Secretary of State in respect of the failure, unless the Appeal Tribunal is satisfied, on hearing representations from the SE F5or the UK Societas,—
a
that the failure resulted from a reason beyond its control, or
b
that it has some other reasonable excuse for its failure.
8
Regulation 21 applies in respect of a penalty notice issued under this regulation.
9
No order of the CAC under this regulation has the effect of suspending or altering the effect of any act done or of any agreement made by the participating company F6, the SE or the UK Societas.