Employees’ administrative representative
If personnel groups have not agreed on administrative representatives, the representatives are elected according to, as applicable, the occupational health and safety representative election provisions in the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces.
The administrative representative must be in an employment relationship with the company and they may not be a person who is legally incapacitated or declared bankrupt or subject to business prohibition. If the qualifications for the membership of the body in question have been separately determined, these qualification requirements also apply to employees’ administrative representative. If the administrative representative loses their qualifications, they must leave their position as the administrative representative. In this case, they will be replaced by a deputy representative who acts in the position until a new actual representative is elected.
With a few exceptions, the administrative representative has the same rights and obligations as the member of the body in question elected by the company. For example, an employee representative on the Board of Directors has the right to be present in Board meetings, exercise the right to be heard there, participate in decision-making, see the materials related to the matter at hand and receive information about the company’s operations.
Administrative representatives are also subject to ordinary conflict-of-interest rules. However, they may not take part in discussing matters concerning the election, dismissal or contract terms of the company’s management, the personnel’s employment or service relationship terms and conditions or industrial action.
Administrative representatives have the right to receive training as necessary for carrying out their duties. A representative may need training related to corporate finances, corporate administration or legal affairs, for example.