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A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?

A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?. the legal framework. the legal framework. EWC regulations : three legal documents the directives 1994/45 and 2009/38 transposition into national legislation your agreement. the legal framework THE DIRECTIVES.

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A EUROPEAN WORKS COUNCIL WHAT IS IT FOR ?

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

  2. the legal framework • EWC regulations : three legal documents • the directives 1994/45 and 2009/38 • transposition into national legislation • your agreement

  3. the legal framework THE DIRECTIVES • 94/45 or 2009/38 ? • agreements concluded before 22.09.1996 “article 13”no obligatory renegotiationnot submitted to the obligations of any directivecan be renewed or revised • agreements concluded between 22.09.1996 and 4.06.2009 “article 6”no general obligation to renegotiatesubmitted to directive 2009/38 • agreements concluded between 5.06.2009 and 5.06.2011submitted to directive 94/45not submitted to the obligations of directive 2009/38can be renewed or revised • agreements concluded from 6.06.2011submitted to directive 2009/38

  4. art. 13 art. 6 application2009/38 or 100 (+) adaptation   SNB the legal framework THE DIRECTIVES • existing agreements at the expiration dateand no agreement to renew or revise significant changes of the structure (merger, acquisition, division) andno provisions or conflict of provisionsin the existing agreements existing EWCs continue to operate during negotiations + min.of each existing EWC

  5.  150(+) 1000(+)  150(+) the legal framework THE DIRECTIVES • undertakings concerned

  6. the legal framework THE DIRECTIVES • “controlling undertaking”      

  7.   andobligation to obtain and transmit to the parties concerned theinformation required for commencing negotiations 100 (+) or   SNB the legal framework THE DIRECTIVES • start of the negotiations

  8. trade unionfederations NO ! experts before and after 2/3 the legal framework THE DIRECTIVES  55% 12% 55% 12% 1994 /45 2009 /38 • the special negotiating body 28% 5% 28% 5%

  9.      companies involved composition + arrangements for linking the European and the national level x2 venue, frequence and duration of meetings procedure for information and consultation activities ofthe select committee financial and material resources duration and procedure for renegotiation the legal framework THE DIRECTIVES + balanced representation for activities, category and gender • content of the agreement • or ... a procedure for information and consultation + arrangements for amending or terminating and when to renegotiate

  10. the legal framework THE DIRECTIVES • 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 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

  11. transmission of data at such time in such fashion with such content as are appropriate that allow to get acquainted with the subject matter and examine it undertake an in-depth assessment of the possible impact prepare for consultations at such time in such fashionwith such content as to enableto express an opinion about the proposed measureswhich may be taken into account the legal framework THE DIRECTIVES • definitions • information • consultationthe exchange of views and establishment of dialogue

  12. inform local representatives or the 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 trainingwithout loss of wages the legal framework THE DIRECTIVES • role of the representatives

  13. SNB 3 years 6 months the legal framework THE DIRECTIVES arrangements established by agreement without prejudice to national practice if no such arrangements : information and consultation on both levels preamble : EWC informed earlier or at the same time • link EWC / national bodies • subsidiary requirements : application

  14. € structure of the group changes in the organisation transfers of production investments economic and financial situation € situation and trend of employment collective redundancies development of activities, production and sales mergers, cut-backs or closure of undertakings new working methods the legal framework THE DIRECTIVES • subsidiary requirements : competence of the EWC information + consultationmeeting with management, obtain a motivated response to any opinion information

  15. EWC 1/country 3 – 30 financial and material resources 1 meeting / year to inform the workforce internal preparatory meeting max. 5, where size 1 expert paid the legal framework THE DIRECTIVES • subsidiary requirements : practical arrangements 1 per 10% / countryor fraction thereof (min. 10) art. 10 select committee max. 3, where size so warrants extraordinary meetings

  16. the legal framework NATIONAL LAW • which transposition ? • country of central management for organisation of SNB/EWC • other countries for the appointment/election of members • Germany : Law 28.10.1996 • management must inform trade unions of establishment and composition of SNB • 1/country +1 >25% +2 >50% +3 >75% • appointed by the central works council or combine works councils or the works council • men and women appointed in proportion • 1/country +1 >20% +2 >30% +3 >40% +4 >50% +5 >60% +6 >70% +7 >80%>10.000 +1 >20% +3 >30% +5 >40% +7 >50% +9 >60% +11 >70% +13 >80% sanctions that are effective, proportionate and dissuasive SNB

  17. the legal framework the legal framework NATIONAL LAW • decisions taken by majority of votes of members presentconduct of business incorporated in rules of procedure • EWC elects chairperson and deputythey represent the EWC within terms of decisions taken • select committee when ≥ 9 members3 members from 3 Member States • experts may be trade union representatives • confidential information may be shared with other members of EWC, local representatives, employee representatives on supervisory board, interpreters and experts • imprisonment up to two years or fine for breach of confidentialityimprisonment up to one year or fine for other infringementsa fine up to DEM 30.000 for administrative offences

  18. the legal framework NATIONAL LAW • some other examples • Netherlandsenvironmental careone expert per item on the agenda • Belgiumtrade unions can file a complaintthe necessary time to inform all employees • Sweden1 extra internal meeting/yearright to pursue claims before courts • Spain60 hours/year for all memberslist of serious/very serious infringements • Portugal25 hours/monthminor/serious/very serious infringements for every article

  19. the legal framework YOUR AGREEMENT see activity “analysing the quality of your agreement”

  20. want to find out more ? www.etuc.org www.etui.org www.worker-participation.eu www.ewcdb.eu www.sda-asbl.org www.europa.eu

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