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TizDePas
TizDePas, Attorney
Category: European Law
Satisfied Customers: 459
Experience:  I am an Italian qualified solititor and I am available to answer your questions on Italian related matters.
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Im presently working for an International (Danish) NGO. They

Resolved Question:

I'm presently working for an International (Danish) NGO. They had received a complaint about me from my staff. The NGO refuses to send me a copy of the complaint & who are the complainants. The NGO states under their code of conduct, they're not permitted to pass on the information I had asked for. Under "European labour law and the EU Charter of Fundamental Rights"

Chapter 9
Workers’ right to information and consultation within the undertaking (Article 27)
Article 27: Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices.

Is the Danish NGO breaking EU labor laws?

Thank you for your help & assistance.
Submitted: 3 years ago.
Category: European Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

Thank you for getting back to me. I can wait (but please not too long).


 


I would like to know if the NGO's code of conduct supersedes the EU Labor Laws.


 


Thanks :-)

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.

Good afternoon, Please keep can you find the answer for me.


 


Thank you.

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  TizDePas replied 3 years ago.
Dear customer,

Thank you for contacting JustAnswer.

The EU legislation on employee right of information and consultation includes Article 27 of the European Charter of Fundamental rights and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community. The latter has redefined the Community legal framework in order to establish more binding rules but it applies only to establishments with at least 20 employees in a Member State. The choice is left to the Member States, which also establish the manner in which the number of employees is calculated.

Could you please confirm whether the NGO you work for has at least 20 employees?

I look forward to your response.

Best,

Tiziana
Customer: replied 3 years ago.

Good morning,


 


Yes the NGO has several hundred employees.

Expert:  TizDePas replied 3 years ago.
Hello,

Thank you for your information.

I am sorry to confirm that the relevant provision of the Charter of fundamental rights does not provide any automatic right to be informed about the complaint and the complainants. The disposition is very elastic and its application depends on "the conditions provided for by Community law".

As underlined before, the relevant EU piece of law is Directive 2002/14/EC which provisions, unfortunately, do not help very much either in your case. Indeed, Art. 6, par. II provides that "the employer is not obliged to communicate information or undertake consultation when the nature of that information or consultation is such that, according to objective criteria,it
would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it".

As a consequence, it is very possible that your NGO considers the complaint as containing information that "would seriously harm the functioning of the undertaking or establishment or would be prejudicial to it" and on the basis of this the NGO is refusing to give you the requested information.

I hope this helps. If you are happy with my reply, please do not hesitate to rate it positively and accept it.

I remain at your complete disposal should you need any further information.

Best,

Tiziana
TizDePas, Attorney
Category: European Law
Satisfied Customers: 459
Experience: I am an Italian qualified solititor and I am available to answer your questions on Italian related matters.
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