A EUROPEAN WORKS COUNCIL
WHAT IS IT FOR ?
the legal framework
the legal framework

EWC regulations : three legal documents
directive
94/45 + directive 2009/?
transposition
your
into national legislation
agreement
2
the legal framework

94/45 or 2009/?
 agreements
concluded before 22.09.1996 “article 13”
no obligatory renegotiation
not submitted to any directive
can be renewed or revised
 agreements
concluded between 22.09.1996 and May 2011 “article 6”
no general obligation to renegotiate
submitted to directive 94/45
can be renewed or revised
 agreements
concluded after ? 2011
submitted to directive 2009/?
3
the legal framework

existing agreements
art. 13
at the expiration date and
no agreement to renew or
revise
art. 6
significant changes of the structure
(merger, acquisition, division)
and no provisions or conflict of
provisions in the existing agreements
or
application
2009/?
100
(+)

adaptation
existing EWCs continue to
operate during negotiations
SNB
+ min. 3 members of
each existing EWC
4
the legal framework

Directive 94/45


150 (+)
1000
(+)
 150
(+)
5
the legal framework

definition of “controlling undertaking”







6
the legal framework

start of the negotiations

and


obligation to obtain and transmit to the parties concerned the
information required for commencing negotiations

central
management
or
100 (+)
 
written demand
for negotiations
SNB
7
the legal framework

start of the negotiations
1 per 10% / country or
fraction thereof (min. 10)
SNB
experts
the right to meet without
management before and
after every meeting
in an advisory
capacity and at the
request of the SNB
3-27 1/country
the European federations
are informed of the
composition and of the
start of the negotiations
2/
3
no!
2 years
8
the legal framework

content of the agreement
 
companies involved
financial and
material ressources
duration of the agreement
procedure for renegotiation
arrangements for
amending or
terminating and when
to renegotiate
composition of the EWC
2x
procedure for information
and consultation
+ arrangements for linking
the European and
the national level
venue, frequence and
duration of the
meetings
 or ... a procedure for information and consultation
activities of the
select committee
9
the legal framework

transnational
+
?
matters that concern the group as a whole
or at least two establishments situated in two 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

confidential information
members of SNB or EWC and experts are not authorized to reveal any information
which has expressly been provided to them in confidence … even after the expiry of
their terms of office
management is not obliged to transmit information when it would seriously harm the
functioning of the undertaking
10
the legal framework

definitions
?
« consultation » means the exchange of views and establishment of
dialogue between employees' representatives and central management or
any more appropriate level of management
◄“information”
transmission of data
get acquainted with the subject matter and examine it
at such time, in such fashion and and which such content as are appropriate
undertake an in-depth assessment of the possible impact
prepare for consultations
◄“consultation”
at such time, in such fashion and with such content as to enable
to express an opinion about the proposed measures
which may be taken into account
without prejudice to the responsibilities of the management
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the legal framework

role of the representatives
inform local reps
or whole workforce
to collectively represent the
interests of the employees
to have the means required
to apply the rights stemming
from this directive
provided with training
without loss of wages
12
the legal framework

link EWC / national bodies
 arrangements
 without
established by the agreement
prejudice to national practice
 if
no such arrangements in the agreement : information and
consultation as well in the EWC as in the national bodies
 preamble
: EWC informed earlier or at the same time
13
the legal framework

subsidiary requirements : application
SNB
6 months
3 years
14
the legal framework

subsidiary requirements : competence of the EWC
structure of the group
economic and financial
situation
€
probable development
of activities, production
and sales
information
€
investments
changes in the
organisation
new working
methods
transfers of
production
collective
redundancies
mergers, cut-backs or
closures of undertakings
situation and probable
trend of employment
information + consultation
meeting with management, obtain a response
and the reasons for that response to any
opinion expressed
15
the legal framework

subsidiary requirements : practical arrangements
1 member / country
min. 3 - max. 30
select committee max. 3
where size so warrants
1 per 10% / country or
fraction thereof (min. 10)
max. 5
where size so warrants
1 meeting / year
internal preparatory
meeting
16
the legal framework

subsidiary requirements : practical arrangements
financial and material
resources
inform local reps
or whole workforce
art. 10
expert
1 paid
exceptional circumstances
extraordinary meeting as soon as
possible, on the basis of a report,
select committee + members
concerned or EWC
 opinion
17
the legal framework
◄
transposition in national legislation
country of central mangament for the organisation of the EWC
other countries for the appointment of the members
sanctions that are effective, proportionate and dissuasive

France : Law N° 96-985 of 12 November 1996
some extra specifications
GSN
appointment by the unions among the elected members of the
company or group works council or among the union delegates in
the group ; if there is no union representation in the group in
France, election by the entire workforce
representatives from other countries (non EU, non EES) can be
associated without the right to vote
120 hours per year for the secretary and the members of the select
committee not including the meetings
18
the legal framework

your agreement
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want to find out more ?
www.etuc.org
www.etui.org
www.europa.eu
www.worker-participation.eu
www.ewcdb.eu
www.sda-asbl.org
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