companies affected by the directive
DESCRIPTION
Companies affected by the directive. . . 150 (+). . 1000 (+). 150 (+). Controlling undertakings. . . . . Criteria determining a controlling undertaking. . . Special negotiating body. Starting negotiations on establishing an EWC: constitution of a special negotiating body. - PowerPoint PPT PresentationTRANSCRIPT
ISE (2002), European Works Councils multinationals database.
Figure 1
150150
(+)(+)
150150
(+)(+)
10001000(+)(+)
Companies affected by the directiveCompanies affected by the directiveCompanies affected by the directiveCompanies affected by the directive
ISE (2002), European Works Councils multinationals database.
Figure 2
Criteria determining a Criteria determining a controlling undertakingcontrolling undertaking
Controlling undertakingsControlling undertakingsControlling undertakingsControlling undertakings
ISE (2002), European Works Councils multinationals database.
Figure 3
Starting negotiations on establishing an EWC: Starting negotiations on establishing an EWC: constitution of a special negotiating bodyconstitution of a special negotiating bodyStarting negotiations on establishing an EWC: Starting negotiations on establishing an EWC: constitution of a special negotiating bodyconstitution of a special negotiating body
Written request for negotiations
100100
(+)(+)
ExpertsExperts
No! No!
22//33
Special Special negotiatinnegotiatin
g bodyg body
Central Central managementmanagement
ISE (2002), European Works Councils multinationals database.
Figure 4
Items to be agreed in the agreementItems to be agreed in the agreementItems to be agreed in the agreementItems to be agreed in the agreement
2 x
Undertakings Undertakings affectedaffected
CompositionComposition of the EWCof the EWC
InformationInformation and and consultationconsultation
Venue, frequency Venue, frequency and duration of and duration of
meetingsmeetings
Financial and Financial and material material
resourcesresources
Validity of the Validity of the agreementagreement
Special negotiating
body
ISE (2002), European Works Councils multinationals database.
Figure 5
Application of subsidiary requirementsApplication of subsidiary requirementsApplication of subsidiary requirementsApplication of subsidiary requirements
6 months6 months3 years3 years
ISE (2002), European Works Councils multinationals database.
Figure 6
Subsidiary requirementsSubsidiary requirementsSubsidiary requirementsSubsidiary requirements
One meeting per One meeting per yearyear
Designation of Designation of membersmembers
Information and Information and consultationconsultation
Extraordinary Extraordinary meetingsmeetings
Internal preparatory Internal preparatory meetingmeeting
ExpertsExperts
Financial and material Financial and material resources resources
extra
ISE (2002), European Works Councils multinationals database.
Figure 7
Company Company structurestructure Employment Employment
trendstrends
Mergers, downsizing, Mergers, downsizing, closuresclosures
Economic and Economic and financial situation financial situation
and trendsand trends
New working New working methodsmethods
Organisational changesOrganisational changes Investment plansInvestment plans
€€€€
Transfer of productionTransfer of productionCollective redundanciesCollective redundancies
€
Changes in Changes in activities, activities,
production production andand sales sales
Information Information andand consultation consultation rightsrights(subsidiary (subsidiary requirements)requirements)Information Information andand consultation consultation rightsrights(subsidiary (subsidiary requirements)requirements)
ISE (2002), European Works Councils multinationals database.
Figure 8
Most EWCs are based on Article 13 of the Most EWCs are based on Article 13 of the DirectiveDirectiveMost EWCs are based on Article 13 of the Most EWCs are based on Article 13 of the DirectiveDirective
Article 1367%
Article 633%
Subsidiary requirements
0%
Three types of EWCThree types of EWC
• Article 13 – before 22/09/96Article 13 – before 22/09/96• Article 6 - negotiated by the special negotiating bodyArticle 6 - negotiated by the special negotiating body• Where negotiations break down: subsidiary requirements (annexe)Where negotiations break down: subsidiary requirements (annexe)
Three types of EWCThree types of EWC
• Article 13 – before 22/09/96Article 13 – before 22/09/96• Article 6 - negotiated by the special negotiating bodyArticle 6 - negotiated by the special negotiating body• Where negotiations break down: subsidiary requirements (annexe)Where negotiations break down: subsidiary requirements (annexe)
The Demands The Demands of the ETUCof the ETUCThe Demands The Demands of the ETUCof the ETUC
ISE (2002), European Works Councils multinationals database.
Figure 10
ETUC strategy in view of the revision of the European Works Councils ETUC strategy in view of the revision of the European Works Councils DirectiveDirective :: ETUC strategy in view of the revision of the European Works Councils ETUC strategy in view of the revision of the European Works Councils DirectiveDirective ::
a) Definition of the notions of information and a) Definition of the notions of information and consultationconsultation
b) Recognition of the union's role b) Recognition of the union's role
c) The procedure for renegotiating agreementsc) The procedure for renegotiating agreements
d) A clearer definition of the notion of 'controlling d) A clearer definition of the notion of 'controlling undertaking' undertaking'
e) Traininge) Training
ISE (2002), European Works Councils multinationals database.
Figure 11
ETUC strategy in view of the revision of the European Works Councils ETUC strategy in view of the revision of the European Works Councils DirectiveDirective ::ETUC strategy in view of the revision of the European Works Councils ETUC strategy in view of the revision of the European Works Councils DirectiveDirective ::
f) Shortening the period for negotiationsf) Shortening the period for negotiations
g) Sanctionsg) Sanctions
h) Confidentialityh) Confidentiality
i) i) Recourse to expertsRecourse to experts
j) Access to sitesj) Access to sites
k) The right to preparatory and follow-up meetingsk) The right to preparatory and follow-up meetings
ISE (2002), European Works Councils multinationals database.
Figure 12
The Annex (1-5)The Annex (1-5)The Annex (1-5)The Annex (1-5)
1.1. Definitions of ‘information’ and ‘consultation’ Definitions of ‘information’ and ‘consultation’
2.2. The role of the trade unions The role of the trade unions
3.3. The maximum number of persons in SNBs and The maximum number of persons in SNBs and EWCs (in the subsidiary requirements)EWCs (in the subsidiary requirements)
4.4. The procedure for renegotiating agreements The procedure for renegotiating agreements
5.5. Provision for a second exceptional meeting Provision for a second exceptional meeting
ISE (2002), European Works Councils multinationals database.
Figure 13
The Annex (6-10)The Annex (6-10)The Annex (6-10)The Annex (6-10)
6.6. One-year negotiating period One-year negotiating period
7.7. Better definition of “controlling undertaking”Better definition of “controlling undertaking”
8.8. Access to workforce and workplacesAccess to workforce and workplaces
9.9. Confidentiality Confidentiality
10.10. PenaltiesPenalties
ISE (2002), European Works Councils multinationals database.
Figure 14
The Annex (11-15)The Annex (11-15)The Annex (11-15)The Annex (11-15)
11.11. Legal challengesLegal challenges
12.12. Information on eligibilityInformation on eligibility
13.13. Preparatory and follow-up Preparatory and follow-up meetings meetings for SNBs and EWCs for SNBs and EWCs (in the subsidiary (in the subsidiary requirements)requirements)
14.14. TrainingTraining
15.15. Experts (EWCs)Experts (EWCs)
ISE (2002), European Works Councils multinationals database.
Figure 15
The Annex (16-19)The Annex (16-19)The Annex (16-19)The Annex (16-19)
16.16. Experts (SNBs)Experts (SNBs)
17.17. Select committeesSelect committees
18.18. Two meetings a year for EWCsTwo meetings a year for EWCs
19.19. Interpretation and translation of Interpretation and translation of documentsdocuments
ISE (2002), European Works Councils multinationals database.
Figure 16
The Annex (20 & 21)The Annex (20 & 21)The Annex (20 & 21)The Annex (20 & 21)
20.20. The topics of The topics of
‘‘health and safety policy’, health and safety policy’,
‘‘training and education policy’,training and education policy’,
‘‘environmental policy’ and environmental policy’ and
‘‘equal opportunity policy’equal opportunity policy’
21.21. Gender balance in EWCsGender balance in EWCs
ISE (2002), European Works Councils multinationals database.
Figure 17
The Annex (22-26)The Annex (22-26)The Annex (22-26)The Annex (22-26)
22.22. “Ideological guidance” undertakings “Ideological guidance” undertakings
23. Commercial shipping23. Commercial shipping
24. The ‘transnational’ criterion24. The ‘transnational’ criterion
25. Reducing the threshold25. Reducing the threshold
26.26. Registering agreements Registering agreements
ISE (2002), European Works Councils multinationals database.
Figure 18
Transposition processTransposition processTransposition processTransposition process
22/09/199422/09/1994
22/09/199622/09/1996
Special negotiating body
« « Article 13 » Article 13 » agreementsagreements
« « Article 6 » Article 6 » agreementsagreements
National National transpositiontransposition
ss
15/12/199715/12/1997
Extension to Extension to cover the UKcover the UK
Extension to cover the
new Member States
1/05/2004