CHAPTER 6. Guarantees

The representatives who are to form part of the special negotiating body and the European Works Council shall be appointed by agreement of those trade union representatives who together account for the majority of the members of the Works Council(s) and of the staff representatives, where applicable, or by majority agreement of those members and staff representatives.

The same shall apply to the replacement of appointed representatives in the event of resignation and revocation and in the event of loss of the status of national workers’ representative.

In the case, the European Works Council, the appointment referred to in the previous paragraph shall be made by an employee of the undertaking or group who is a staff delegate, works council member or trade union delegate.

Members of the special negotiating body and the European Works Council and employees’ representatives in the context of an alternative information and consultation procedure shall enjoy in the exercise of their functions the same protection and guarantees similar to those provided for employees’ representatives at the national level in the country in which they serve, following the provisions of national legislation or practice.

The employees’ representatives referred to in this Article shall be entitled to the paid leave necessary to attend meetings held with the central management and meetings that such bodies and representatives may hold in advance.

Irrespective of the provisions of the preceding paragraph, members of the special negotiating body and the European Works Council shall be entitled to 60 hours’ paid leave per year for the performance of their duties, also, where appropriate, to those available to them in their capacity as national workers’ representatives.

As this is necessary for the exercise of their representative duties in an international environment, the special negotiating body members and the European Works Council shall be provided with training without loss of wages.

The members of the special negotiating body and the European Works Council, and the employees’ representatives in the context of an alternative information and consultation procedure, as well as the experts assisting them, shall not be authorised to disclose to third parties information which has expressly been communicated to them in confidence.

This obligation of confidentiality shall continue to apply even after the expiry of their term of office and irrespective of their location.

Exceptionally, the central management is not obliged to disclose specific information relating to industrial, financial or commercial secrets, the disclosure of which could, according to objective criteria, hinder the operation of the company or seriously harm its economic stability.

This exception does not apply to information relating to the level of employment in the company.

Changes in the structure of the Community-scale undertaking or Community-scale group of undertakings or the composition of the national employee representation bodies may result in the total or partial renewal of the special negotiating body or the European Works Council, where such changes significantly affect the representativeness of the body concerned and are requested by either of the parties or by way of a petition.

The special negotiating body, the European Works Council and the employees’ representatives within the framework of an alternative information and consultation procedure have the legal capacity to exercise the rights granted to them by Law 10/1997 and may bring administrative or legal actions in all matters within the scope of their competences, by the majority decision of their members.

The European Works Council members collectively represent the interests of the company’s employees or Community-scale group of companies, without prejudice to the capacity of other bodies or organisations in this respect.

To this end, they shall have the means necessary to enforce their rights.

The European Works Council members shall inform the representatives of the employees of the establishments or the undertakings of a Community-scale group of undertakings or, in the absence of representatives, the entire body of employees, the content and outcome of the information and consultation procedure established.