Figure 1 ISE (2002), European Works Councils multinationals database. 150 (+) 1000 (+) Companies affected by the directive   

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Presentation transcript:

Figure 1 ISE (2002), European Works Councils multinationals database. 150 (+) 1000 (+) Companies affected by the directive   

Figure 2 ISE (2002), European Works Councils multinationals database. Criteria determining a controlling undertaking Controlling undertakings     

Figure 3 ISE (2002), European Works Councils multinationals database. Starting negotiations on establishing an EWC: constitution of a special negotiating body Written request for negotiations 100 (+) Experts No! 2/32/3 2/32/3 Special negotiating body Central management   

Figure 4 ISE (2002), European Works Councils multinationals database. Items to be agreed in the agreement 2 x2 x Undertakings affected Composition of the EWC Informationand consultation Information and consultation Venue, frequency and duration of meetings Financial and material resources Validity of the agreement Special negotiating body  

Figure 5 ISE (2002), European Works Councils multinationals database. Application of subsidiary requirements 6 months 3 years

Figure 6 ISE (2002), European Works Councils multinationals database. Subsidiary requirements One meeting per year Designation of members Information and consultation Extraordinary meetings Internal preparatory meeting Experts Financial and material resources extra

Figure 7 ISE (2002), European Works Councils multinationals database. Company structure Employment trends Mergers, downsizing, closures Economic and financial situation and trends New working methods Organisational changes Investment plans €€ Transfer of production Collective redundancies € Changes in activities, production and sales Information and consultation rights (subsidiary requirements)

Figure 8 ISE (2002), European Works Councils multinationals database. Most EWCs are based on Article 13 of the Directive Three types of EWC Article 13 – before 22/09/96Article 13 – before 22/09/96 Article 6 - negotiated by the special negotiating bodyArticle 6 - negotiated by the special negotiating body Where negotiations break down: subsidiary requirements (annexe)Where negotiations break down: subsidiary requirements (annexe) Three types of EWC Article 13 – before 22/09/96Article 13 – before 22/09/96 Article 6 - negotiated by the special negotiating bodyArticle 6 - negotiated by the special negotiating body Where negotiations break down: subsidiary requirements (annexe)Where negotiations break down: subsidiary requirements (annexe)

The Demands of the ETUC

Figure 10 ISE (2002), European Works Councils multinationals database. ETUC strategy in view of the revision of the European Works Councils Directive : 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 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

Figure 11 ISE (2002), European Works Councils multinationals database. 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

Figure 12 ISE (2002), European Works Councils multinationals database. 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

Figure 13 ISE (2002), European Works Councils multinationals database. 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

Figure 14 ISE (2002), European Works Councils multinationals database. 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)

Figure 15 ISE (2002), European Works Councils multinationals database. The Annex (16-19) 16.Experts (SNBs) 17.Select committees 18.Two meetings a year for EWCs 19.Interpretation and translation of documents

Figure 16 ISE (2002), European Works Councils multinationals database. The Annex (20 & 21) 20.The topics of 20.The topics of  ‘ health and safety policy ’,  ‘ training and education policy ’,  ‘ environmental policy ’ and  ‘ equal opportunity policy ’ 21.Gender balance in EWCs

Figure 17 ISE (2002), European Works Councils multinationals database. The Annex (22-26) 22. “Ideological guidance” undertakings 23. Commercial shipping 24. The ‘transnational’ criterion 25. Reducing the threshold 26. Registering agreements

Figure 18 ISE (2002), European Works Councils multinationals database. Transposition process 22/09/ /09/1996 Special negotiating body « Article 13 » agreements « Article 6 » agreements « Article 6 » agreements National transpositions 15/12/1997 Extension to cover the UK Extension to cover the new Member States 1/05/2004