Pension Funds/Opinions/Monitoring committee

Refusal to set up the monitoring committee

     
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The law provides that the management entity must urge the workers' committee or the unions to appoint representatives to the committee (no. 5 of article 53 of Decree-Law 12/2006, of 20 January, as amended by Decree-Law 180/2007, of 9 May), and that, if they do not do so, there must be an election organised by the associate or the management entity (the same rule applies to cases in which elections must be held immediately; cf. no. 5 of article 53 of Decree-Law 12/2006, of 20 January, as amended by Decree-Law 180/2007, of 9 May).In the event of a refusal by the associate to promote the election, the management entity must assume this responsibility and immediately inform the participants and beneficiaries when complying with article 33, no. 5 of Decree-Law 12/2006.In the event of an election and if the associate refuses to establish such rules, the supplementary rules set out in the said Rule shall apply to the election (see also Article 34(2) of said Rule), the quorum required for the resolution), the management entity deciding on the deadline for submitting nominations, the date of the election and the place of the election (at the start, at the management entity's head office or delegation), as well as the voting system.

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