The Works Council (WC) and the Committee for Prevention and Protection at Work (CPPW) must be established at the level of the so-called ‘technical business unit’ (‘TBU’). The TBU does not necessarily coincide with the legal entity. If different legal entities show a sufficient level of economic and social dependence, then they can form one single TBU and so only one WC and/or CPPW must be established.
Do the test below and discover if the legal entities in your group are likely to form one TBU or, on the contrary, are sufficiently independent from an economic and a social point of view to form separate TBUs.
The tool only deals with the question whether different legal entities can be merged into one TBU. It does not cover other situations such as, for example, a legal entity containing several TBUs.
Please note that every TBU evaluation is very factual and depends on the competent court’s discretionary appreciation. Therefore, the test below only gives an indication of what is likely to be a TBU, but must not be considered as a legal advice.
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