European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006
Source: Iris Oifigiúl 2006-12-19

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paragraphs: These Regulations may be cited as the European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006.
Interpretation
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paragraphs: (1) In these Regulations—
“appointed” means in the absence of an election, appointed by the employees and the basis on which that appointment is made may, if the employees so determine, be such as is agreed by them with the participating companies, their subsidiaries or establishments, or the SE as the case may be;
“concerned subsidiary or establishment” means a subsidiary or establishment of a participating company which is proposed to become a subsidiary or establishment of the SE upon its formation;
“Commission” means the Labour Relations Commission;
“Community” means—
(a) the European Community, and
(b) Norway, Iceland and Liechtenstein;
“consultation” means the establishment of dialogue and exchange of views between the representative body or the employees' representatives (or both) 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 the 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;
“Court” means the Labour Court;
“Directive” means the Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees1 ;
“EC Regulation” means Council Regulation 2157/2001/EC of 8 October 2001 on the Statute for a European company (SE)2 ;
“employee” means a person who has entered into or works under a contract of employment and references, in relation to a participating company, its concerned subsidiary or establishment, or of an SE or its subsidiaries, to an employee shall be read as references to an employee employed by any of them;
“employees' representative” means a representative elected or appointed for the purposes of these Regulations;
“establishment” means in relation to a company, a division (however described) of the undertaking physically separated from other parts of the company;
“excepted body” has the meaning assigned to it by section 6 (3) of the Trade Union Act 1941 (No.22 of 1941), as amended;
“expert” means an individual, and may be the holder from time to time of a named office or position in a body corporate or other body or organisation;
“information” means the informing of the representative body or the employees' representatives (or both), 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;
“involvement of employees” means any mechanism including information, consultation and participation, through which employees' representatives may exercise an influence on decisions to be taken within the company;
“Member State” means a Member State of the Community;
“Minister” means the Minister for Enterprise, Trade and Employment;
“participation” means the influence of the representative body or the employees' representatives (or both) in the affairs of a company by the way of—
(a) the right to elect or appoint some of the members of the company's supervisory or administrative organ, or
(b) the right to recommend or oppose (or both) the appointment of some or all of the members of the company's supervisory or administrative organ;
“participating companies” means the companies directly participating in the establishing of an SE;