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In accordance with applicable law and practice employee representatives should be given information which enables them to obtain a true and fair view of the performance of the entity or where appropriate the enterprise as a whole. Where employee representatives experience difficulties in obtaining such information at the national level because the entity in that country is unable to comply with the provisions of paragraphs 2 and 3, the other entities of the enterprise are expected to co-operate and assist one another as necessary to facilitate observance of the Guidelines5.2
- i)
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Subjects covered by the information to be supplied
The laws, regulations and practices in adhering countries with respect to the provision of information by enterprises to employees differ considerably. In some countries, statutory provisions are very extensive and detailed, whereas in others, management and labour representatives define, on the basis of need the information which management is expected to provide on a ``good faith basis''. There is no general approach to this question as illustrated by the many facets of information provision, including the type of information to be provided, its degree of detail, whether provided to the individual entity or the group (national or international), the timing of provision, whether it covers present situation and past developments andor future outlook, etc..3
While the Disclosure Guidelines address the provision of information to the general public, employees of multinational enterprises may need and should have access to more specific information, beyond that available to the general public, and in a form suitable for their interests and purposes.4 Enterprises should provide information on aspects of the performance of the enterprise which will also enable users to assess, inter alia, likely future developments. In so doing they should be guided by the paragraph 26 of the commentary on Employment and Industrial Relations chapter.5
Where more specific information is necessary, management and labour should be prepared to discuss information requirements in a constructive manner, taking account of the specific situation of the enterprise and of applicable laws, regulations and practices.
- ii)
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Restructuring activities and the position of the enterprise as a whole
Certain activities of multinational enterprises, for instance restructuring activities, can be put into perspective only if the information on the position of the enterprise as a whole is available. If restructuring, or similar decisions, results in negotiations where the position of the enterprise as a whole is a key element, then employee representatives should have the information which gives a true and fair view of the enterprise as a whole and which they need for meaningful negotiation on employment conditions. As noted in paragraphs 26 of the commentary on this chapter, the provision of information is subject to considerations of business confidentiality.6
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