(1) In relation to sections 8 and 9, an employee may exercise his or her right to information and consultation under section 3 either directly or by means of his or her representatives elected or appointed for that purpose.

(2) Subject to subsection (3) and where a system of direct involvement is in operation for the whole or part only of the undertaking concerned, in order to be represented by his or her representatives at least 10 per cent of employees for whom the direct involvement system operates are required to make a written request to the employer, the Court or a nominee of the Court seeking to exercise the right to information and consultation through employees' representatives.

(3) The minimum requirement of 10 per cent of employees of the undertaking provided for in subsection (2) is subject to the approval of the majority of employees to whom the direct involvement system applies.