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European Commission

A new framework for European Works Councils Evelyne Pichot European Commission Berlin, October 2010. Labour Law. European Commission. A new legal framework for EWCs. Directive 2009/38/EC adopted in 2009 Recasts existing directives The Directive of 1994: 94/45/EC

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European Commission

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  1. A new framework for European Works Councils Evelyne Pichot European Commission Berlin, October 2010 Labour Law European Commission

  2. A new legal framework for EWCs Directive 2009/38/EC adopted in 2009 Recasts existing directives • The Directive of 1994: 94/45/EC • The UK extension Directive : 97/74/EC • The technical adaptation to last enlargement: 2006/109/EC • Has to be implemented by Member states before • 6 June 2011 Labour Law European Commission

  3. Objectives • More effective transnational information and consultation • More European works councils • Link between levels of information and consultation • Legal certainty • Coherence in Community law • Continuity … and a special role for social partners Labour Law European Commission

  4. New rules …in establishing new EWCs • Responsibility of local management in information to give (Art.4.4) • SNB setting up (Art.5.2b) • Information to European social partners (Art.5.2c) • Role for trade unions where wished by SNB (Art.5.4) • Fall back rules with reinforced select comittee and consultation (Annex) Before that: • Window of 2 years to conclude new agreements or revise existing agremeents establishing EWCs: the new rules will not apply to those companies (Art 14) Labour Law European Commission

  5. New rules… in the operation of EWCs • Principle of effectiveness and effective decision making (art.1.2, rec.14) • Definition of information and consultation (Art.2.1f-g, rec.21-23) • Transnational competence (Art.1.3-4, rec.15-16) • Link national/European (art.12, rec.37-38) • Adaptation clauses and procedure in case changes in make-up (art.13, rec.40) • Collective representation, training and report-back of employee representatives (art.10, rec.33) Labour Law European Commission

  6. No changes .. …in the legal framework, notably for … • The scope (tresholds, control) • The priority given to negotiation at company level • Companies with present « article 13 agreements », except for the adaptation clause • Companies concluding or revising agreements in the 2-year implementation period, except for the adaptation clause • Objective: no change for well functioning EWCs, continuity Labour Law European Commission

  7. Context EU legislation on employee information, consultation, participation • National level • Framework Directive 2002/14/EC • Collective redundancies Directive 98/59/EC • Transfer of undertakings Directive 2001/23/EC • Framework Health&Safety 89/391/EEC • Transnational level • European Works Councils Directive 2009/38/EC • Board-level participation in European companies (2001/86/EC), European cooperatives (2003/72/EC), cross-border mergers (2005/56/EC) • Charter of fundamental rights of the EU, Art. 27 • "Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation • in good time (…)" Labour Law European Commission

  8. What’s next • Implementation by 5 June 2011 • Two year window between 5 June 2009 and 5 June 2011 for new and revised agreements • Preparation of the new role for the social partners • Promotion of EWCs Labour Law European Commission

  9. Links to the European Commission… Labour law http://ec.europa.eu/labour_law/ Social dialogue  http://ec.europa.eu/socialdialogue European Social Dialogue and Labour Law European Commission

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