The EWC recast directive
SIPTU Seminar
Dublin, 29 September 2015
Enrico Somaglia, EFFAT
the legal framework for EWCs
●
2
EWC regulations : three legal documents
●
the directives 94/45/EC and 2009/38/EC
●
transposition into national legislation
●
your agreement
the EWC recast directive
●
undertakings concerned within the EEA ( EU Union + EEA EFTA
States)


150 (+)
1000
(+)
3
 150
(+)
the EWC recast directive
●
“controlling undertaking”


4




the EWC recast directive
●
competence of the EWC
structure of the group
economic and financial
situation
changes in the
organisation
situation and trend of
employment
transfers of
production
€
investments
collective redundancies
€
development of activities,
production and sales
information
5
new working
methods
mergers, cut-backs or
closure of undertakings
information + consultation
the EWC recast directive
6
the EWC recast directive
●
definitions
‘INFORMATION’
+
‘CONSULTATION’
on
‘TRANSNATIONAL MATTERS’
7
the EWC recast directive
●
transnational matters
+
?
1. that concern the group as a whole or
2. at least 2 establishments in 2 different member states


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
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
8
a EWC, what is it for ?
●
the legal framework
information
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
9
the EWC recast directive
● consultation
the exchange of views
and establishment of a dialogue
at such time
in such fashion
with such content as to enable
to express an opinion about the proposed measures
which may be taken into account
obtain a motivated response to any opinion
10
the EWC recast directive
●
composition SNB/EWC




55%
12%
55%
12%
94
/45
2009
/38




28%
5%
28%
5%
min. 3 / max. 27 (SNB) max. 30 (EWC)
11
a EWC, what is it for ?
●
the legal framework
content of the agreement


companies involved
composition
financial and material
resources
x2
venue, frequence and
duration of meetings
procedure for information
and consultation
+
linking I and C with
national representation
12
bodies
duration and procedure
for renegotiation
the EWC recast directive
●
content of the agreement
balanced representation for activities, category and gender
activities of
the select
committee
(max. 5)
arrangements for amending or terminating
and when to renegotiate
13
the EWC recast directive
●
role of the representatives
inform local representatives
or the whole workforce
to collectively represent the
interests of the employees
14
to have the means required
to apply the rights stemming
from this directive
provided with training
without loss of wages
the EWC recast directive
●
15
linking the European and the national level
the EWC recast directive
●
adaptation
●
significant changes of the structure (merger, acquisition, division)
+ no provisions or conflict of provisions in the existing agreements
100 (+)
or
SNB
 
+ min.
of each existing EWC
16
existing EWCs continue to
operate during negotiations
the EWC recast directive
●
trade union involvement
SNB
17
EWC RECAST –THE ACHIEVEMENTS
-
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
•
•
•
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
•
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
•
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
THE « LEFT- OVERS » - A BASIS FOR
REVIEW?
•
•
the EWC recast directive
26
want to find out more ?
www.effat.org
www.etuc.org
www.etui.org
www.worker-participation.eu
www.ewcdb.eu
www.europa.eu
27