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Companies affected by the directive

Companies affected by the directive. . . 150 (+). . 1000 (+). 150 (+). Controlling undertakings. . . . . Criteria determining a controlling undertaking. . . Special negotiating body. Starting negotiations on establishing an EWC: constitution of a special negotiating body.

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Companies affected by the directive

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  1. Companies affected by the directive   150(+)  1000(+) 150(+)

  2. Controlling undertakings     Criteria determining a controlling undertaking  

  3. Special negotiating body Starting negotiations on establishing an EWC: constitution of a special negotiating body  Central management Experts 2/3  100(+)   No! Written request for negotiations

  4.  2x Items to be agreed in the agreement Special negotiating body Undertakings affected Compositionof the EWC Informationand consultation Financial and material resources Validity of the agreement Venue, frequency and duration of meetings

  5. Application of subsidiary requirements 3 years 6 months

  6. extra Subsidiary requirements One meeting per year Designation of members Extraordinary meetings Information and consultation Financial and material resources Internal preparatory meeting Experts

  7. € € Information and consultation rights (subsidiary requirements) Economic and financial situation and trends Company structure Changes in activities, production and sales Employment trends Investment plans Organisational changes New working methods Mergers, downsizing, closures Transfer of production Collective redundancies

  8. Most EWCs are based on Article 13 of the Directive • Three types of EWC • Article 13 – before 22/09/96 • Article 6 - negotiated by the special negotiating body • Where negotiations break down: subsidiary requirements (annexe)

  9. The Demands of the ETUC

  10. ETUC strategy in view of the revision of the European Works Councils Directive: a) Definition of the notions of information and consultation b) Recognition of the union's role c) The procedure for renegotiating agreements d) A clearer definition of the notion of 'controlling undertaking' e) Training

  11. ETUC strategy in view of the revision of the European Works Councils Directive: f) Shortening the period for negotiations g) Sanctions h) Confidentiality i) Recourse to experts j) Access to sites k) The right to preparatory and follow-up meetings

  12. The Annex (1-5) 1. Definitions of ‘information’ and ‘consultation’ 2. The role of the trade unions 3. The maximum number of persons in SNBs and EWCs (in the subsidiary requirements) 4. The procedure for renegotiating agreements 5. Provision for a second exceptional meeting

  13. The Annex (6-10) 6. One-year negotiating period 7. Better definition of “controlling undertaking” 8. Access to workforce and workplaces 9. Confidentiality 10. Penalties

  14. The Annex (11-15) 11. Legal challenges 12. Information on eligibility 13. Preparatory and follow-up meetings for SNBs and EWCs (in the subsidiary requirements) 14. Training 15. Experts (EWCs)

  15. The Annex (16-19) 16. Experts (SNBs) 17. Select committees 18. Two meetings a year for EWCs 19. Interpretation and translation of documents

  16. The Annex (20 & 21)  20. The topics of • ‘health and safety policy’, • ‘training and education policy’, • ‘environmental policy’ and • ‘equal opportunity policy’ 21. Gender balance in EWCs

  17. The Annex (22-26) 22. “Ideological guidance” undertakings 23. Commercial shipping 24. The ‘transnational’ criterion 25. Reducing the threshold 26. Registering agreements

  18. Extension to cover the UK 15/12/1997 Transposition process « Article 13 » agreements « Article 6 » agreements Special negotiating body National transpositions Extension to cover the new Member States 1/05/2004 22/09/1994 22/09/1996

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