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The European Works Council Directive. Directive 94/45/EC NFU EWC Conference 22 October 2007. Companies or groups affected by the directive. . . 150 (+). . 1000 (+). 150 (+). Controlling undertakings. . . . . Criteria determining a controlling undertaking. . .

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the european works council directive

The European Works Council Directive

Directive 94/45/EC

NFU EWC Conference

22 October 2007

controlling undertakings
Controlling undertakings

Criteria determining a controlling undertaking

starting negotiations on establishing an ewc constitution of a special negotiating body

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

items to be agreed in the agreement

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

subsidiary requirements

extra

Subsidiary requirements

One meeting per year

Designation of members

Extraordinary meetings

Information and consultation

Financial and material resources

Internal preparatory meeting

Experts

information and consultation ri ghts subsidiary requirements

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

most ewcs are based on article 13 of the directive
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)
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

c) The procedure for renegotiating agreements

d) A clearer definition of the notion of \'controlling undertaking\'

e) Training

etuc strategy in view of the revision of the european works councils directive1
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

the annex 1 5
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

the annex 6 10
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

the annex 11 15
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)

the annex 16 19
The Annex (16-19)

16. Experts (SNBs)

17. Select committees

18. Two meetings a year for EWCs

19. Interpretation and translation of documents

the annex 20 21
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

the annex 22 26
The Annex (22-26)

22. “Ideological guidance” undertakings

23. Commercial shipping

24. The ‘transnational’ criterion

25. Reducing the threshold

26. Registering agreements

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