A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ? the legal framework

2  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 “article 13” no obligatory renegotiation not submitted to any directive can be renewed or revised  agreements concluded between and May 2011 “article 6” no general obligation to renegotiate submitted to directive 94/45 can be renewed or revised  agreements concluded after ? 2011 submitted to directive 2009/?

4 the legal framework  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 art. 13art. 6 application 2009/? 100 (+)  or SNB + min. 3 members of each existing EWC adaptation

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

6 the legal framework  definition of “controlling undertaking”       

7 the legal framework  start of the negotiations written demand for negotiations central management  central management 100 (+)  and obligation to obtain and transmit to the parties concerned the information required for commencing negotiations   or SNB

8 the legal framework  start of the negotiations experts no! 2 years 2/32/32/32/3 SNB /country 1 per 10% / country or fraction thereof (min. 10) the European federations are informed of the composition and of the start of the negotiations the right to meet without management before and after every meeting in an advisory capacity and at the request of the SNB

9  the legal framework  content of the agreement  or... a procedure for information and consultation companies involved procedure for information and consultation venue, frequence and duration of the meetings 2 x2 x composition composition of the EWC financial and material ressources duration of the agreement procedure for renegotiation  + arrangements for linking the European and the national level arrangements for amending or terminating and when to renegotiate 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 office management is not obliged to transmit information when it would seriously harm the functioning of the undertaking 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 matters that concern the group as a whole or at least two establishments situated in two different 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 reps or 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 training without 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 and consultation as well in the EWC as in the national bodies  preamble : EWC informed earlier or at the same time

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

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

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

17 the legal framework  subsidiary requirements : practical arrangements expert 1 paid financial and material resources inform local reps or 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 ◄ 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° 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 GSN

19 the legal framework  your agreement

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