The EWC recast directive SIPTU Seminar Dublin, 29 September 2015 Enrico Somaglia, EFFAT

the legal framework for EWCs 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) 1000(+)  150 (+)  150 (+) 

the EWC recast directive “controlling undertaking”      

the EWC recast directive competence of the EWC structure of the group situation and trend of employment mergers, cut-backs or closure of undertakings economic and financial situation new working methods changes in the organisation investments € collective redundancies development of activities, production and sales transfers of production information information + consultation

the EWC recast directive

the EWC recast directive definitions ‘INFORMATION’ + ‘CONSULTATION’ on ‘TRANSNATIONAL MATTERS’

the EWC recast directive transnational matters + ? 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 1. that concern the group as a whole or 2. at least 2 establishments in 2 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 potential effects or which involve transfers of activities between member states

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

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

the EWC recast directive composition SNB/EWC min. 3 / max. 27 (SNB) max. 30 (EWC)  55%  12%  55%  12% 94 /45 2009 /38  28%  5%  28%  5%

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 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

the EWC recast directive role of the representatives to have the means required to apply the rights stemming from this directive inform local representatives or the whole workforce to collectively represent the interests of the employees provided with training without loss of wages

the EWC recast directive 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 existing EWCs continue to operate during negotiations

the EWC recast directive trade union involvement SNB

EWC recast –the achievements Stronger definitions of information & consultation Transnational competence of the EWC (Recital 16) Better interaction between levels of representation A stronger role for ETUFs Better rules for the establishment of EWCs Adaptation clause to allow the EWC to stay in place while negotiating their replacements following structural changes Training withouth loss of wages

The « left- overs » - a basis for review? Thresholds: ETUC/EFFAT demand: from 1000/ 500 employees to 150/ 100 employees Two meetings per year Delete reference to procedure for informing and consulting employees (Art 1.2) Recognized right to have substitutes for the SNB and the EWC Additional topics for meetings: gender equality, anti-discrimination and policies to aid in the integration of differently abled people, health & safety, Youth, Precarious employment

The « left- overs » - a basis for review? SUBSIDIARY REQUIREMENTS Move provisions relating to experts and operating expenses from subsidiary requirements to Art 6 Removal of the limitation to a single paid expert Translations

The « left- overs » - a basis for review? ROLE OF TRADE UNION ORGANISATIONS Automatic entitlement of ETUFs to participate in all EWC meetings (also those with management)

The « left- overs » - a basis for review? PROTECTION OF RIGHTS Sanctions. Management decisions with important impact for employees must be abandoned if they violate I&C rights EWC to have legal personality and capacity (costs) necessary to go to Court Include in Art 6 rules for collective decision-making

The « left- overs » - a basis for review? TRANSNATIONAL COMPETENCE OF EWCs Better definition in the body of the EWC Directive Burden of proof on management

The « left- overs » - a basis for review? FURTHER REACHING PROPOSALS (1) Better definition of controlling undertakings (to cover joint ventures, franchises, private equity firms, monopsonies etc.)

The « left- overs » - a basis for review? FURTHER REACHING PROPOSALS (2) Confidentiality (clearer definition, burden of proof on management) Duty to register agreements

the EWC recast directive

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