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The ”recast” EWC directive and the Saint-Gobain Convention

The ”recast” EWC directive and the Saint-Gobain Convention. Directive 2009/38/EC. . . 150 (+). . 1000 (+). 150 (+). Companies affected by the “obligations” of the directive. New agreements June 2011. New agreements June 2011. . Volontary agreements ...22/9/1996. . 150 (+). .

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The ”recast” EWC directive and the Saint-Gobain Convention

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  1. The ”recast” EWC directiveand the Saint-Gobain Convention Directive 2009/38/EC   150(+)  1000(+) 150(+)

  2. Companies affected by the “obligations” of the directive New agreements June 2011 New agreements June 2011  Volontary agreements ...22/9/1996  150(+)  Agreements dir 94/45 5/6/2009 – 5/6/2011 1000(+) 150(+) June 2011 in cases of restructuring

  3. Information Consultation Avis Opinion Stellungnahme Impact? Time Temps Zeit Convention Saint-Gobain + Av 7 Av 7, prbl §4-5 – art 1bis a-b Content Contenu Inhalt Fashion Manière Weise

  4. Items to be agreed in the agreement   Compositionof the EWC Undertakings affected Informationand consultation Financial and material resources &Training “To represent collectively the interests of the employees..” 2x EWC Venue, frequency and duration of meetings Validity of the agreement Local Linkage EWC & local representation bodies

  5. Transnational ?  Av 7 art1bis c     

  6. l + ? 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 Transnational ? matters that concern the group as a whole orat 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 potentialeffects or which involve transfers of activities between member states

  7. Subsidiary requirements ≠ convention + av extra EWC One meeting per year Extraordinary meetings Compostionof EWC Financial and material resources & Training Information and consultation Internalpreparatorymeeting Experts Undetakingscovered Select committee (5!) 9

  8. + ??? Convention + av7  Internalfollowup?    Information and consultation Av art 5 i   Select committee 9 reps– 4 meetings/year

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

  10. Information and consultation rights (subsidiary requirements And NEF) H & S Working time Social benefits Consequences of restructuring

  11. Directive 2009/38/EC Art 13 agreements ...22/9/1996 Art 6 agreements 5/6/2009 – 5/6/2011 New agreements June 2011 Art 13 agreements when expiring Mergers, downsizing, closures Restructuring Art 6 agreements when expiring

  12. Existing NEF – the directive and and Restructuring? Merger - Fusion NEF? EWC - CEE 2 Agreement: 11.3 and 11.5? Special negotiating body

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