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A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?

A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?. the legal framework. the legal framework. EWC regulations : three legal documents directive 94/45 + directive 2009/? transposition into national legislation your agreement. the legal framework. 94/45 or 2009/?

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A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?

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  1. A EUROPEAN WORKS COUNCILWHAT IS IT FOR ? the legal framework

  2. the legal framework • EWC regulations : three legal documents • directive 94/45 + directive 2009/? • transposition into national legislation • your agreement

  3. the legal framework • 94/45 or 2009/? • agreements concluded before 22.09.1996 “article 13”no obligatory renegotiationnot submitted to any directivecan be renewed or revised • agreements concluded between 22.09.1996 and May 2011 “article 6”no general obligation to renegotiatesubmitted to directive 94/45can be renewed or revised • agreements concluded after ? 2011submitted to directive 2009/?

  4. the legal framework art. 13 art. 6 100 (+)   application2009/? SNB • existing agreements at the expiration date and significant changes of the structure no agreement to renew or (merger, acquisition, division) revise and no provisions or conflict of provisions in the existing agreements existing EWCs continue to operate during negotiations or adaptation + min. 3 members of each existing EWC

  5. the legal framework • Directive 94/45   150(+) 1000(+)  150(+)

  6. the legal framework • definition of “controlling undertaking”       

  7. the legal framework  andobligation to obtain and transmit to the parties concerned the information required for commencing negotiations   100 (+)   SNB • start of the negotiations centralmanagement or written demandfor negotiations

  8. the legal framework SNB3-27 1/country • start of the negotiations 1 per 10% / country or fraction thereof (min. 10) experts the right to meet without management before and after every meeting in an advisory capacity and at the request of the SNB 2/3 the European federations are informed of the composition and of the start of the negotiations no!2 years

  9. the legal framework  2x • content of the agreement • or ... a procedure for information and consultation  companies involved financial and material ressources duration of the agreementprocedure for renegotiation arrangements for amending or terminating and when to renegotiate composition of the EWC procedure for informationand consultation + arrangements for linking the European and the national level venue, frequence and duration of the meetings activities of the select committee

  10. the legal framework • transnational + ? preamble : the employees must be properly informed and consulted when decisions which affect them are taken in a Member State other than that in which they are employed • confidential information members of SNB or EWC and experts are not authorized to reveal any information which has expressly been provided to them in confidence … even after the expiry of their terms of officemanagement is not obliged to transmit information when it would seriously harm the functioning of the undertaking matters that concern the group as a whole or at least two establishments situated in two different member states preamble : matters which, regardless of the number of countries involved, are of importance for the workforce in terms of the scope of their potential effects or which involve transfers of activities between member states

  11. the legal framework • definitions ? « consultation » means the exchange of views and establishment of dialogue between employees' representatives and central management or any more appropriate level of management • “information” • transmission of data • get acquainted with the subject matter and examine it • at such time, in such fashion and and which such content as are appropriate • undertake an in-depth assessment of the possible impact • prepare for consultations • “consultation” • at such time, in such fashion and with such content as to enable • to express an opinion about the proposed measures • which may be taken into account • without prejudice to the responsibilities of the management

  12. the legal framework • role of the representatives inform local repsor whole workforce to have the means required to apply the rights stemming from this directive to collectively represent the interests of the employees provided with trainingwithout loss of wages

  13. the legal framework • link EWC / national bodies • arrangements established by the agreement • without prejudice to national practice • if no such arrangements in the agreement : information andconsultation as well in the EWC as in the national bodies • preamble : EWC informed earlier or at the same time

  14. the legal framework SNB • subsidiary requirements : application 6 months 3 years

  15. the legal framework € € • subsidiary requirements : competence of the EWC structure of the group investments new working methods transfers of production economic and financial situation changes in the organisation collective redundancies situation and probable trend of employment probable development of activities, production and sales mergers, cut-backs or closures of undertakings information + consultationmeeting with management, obtain a response and the reasons for that response to any opinion expressed information

  16. the legal framework • subsidiary requirements : practical arrangements 1 member / countrymin. 3 - max. 30 select committee max. 3where size so warrants 1 per 10% / country orfraction thereof (min. 10) max. 5where size so warrants 1 meeting / year internal preparatorymeeting

  17. the legal framework • subsidiary requirements : practical arrangements financial and material resources expert1 paid inform local repsor whole workforce exceptional circumstances extraordinary meeting as soon as possible, on the basis of a report, select committee + members concerned or EWC opinion art. 10

  18. the legal framework GSN • transposition in national legislation country of central mangament for the organisation of the EWC other countries for the appointment of the members sanctions that are effective, proportionate and dissuasive • France : Law N° 96-985 of 12 November 1996 some extra specifications appointment by the unions among the elected members of the company or group works council or among the union delegates in the group ; if there is no union representation in the group in France, election by the entire workforce representatives from other countries (non EU, non EES) can be associated without the right to vote 120 hours per year for the secretary and the members of the select committee not including the meetings

  19. the legal framework • your agreement

  20. want to find out more ? www.etuc.org www.etui.org www.europa.eu www.worker-participation.eu www.ewcdb.eu www.sda-asbl.org

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