information, consultation and participation of employees at IBM Bratislava, 19 September 2008 REVISION OF THE DIRECTIVE 94/45

2 revision of the directive 94/45  : deadline for revision of EWC directive article 15 : “Not later than 22 September 1999 the Commission shall, in consultation with the Member States and with management and labour at European level, review its operation and, in particular examine whether the workforce size thresholds are appropriate with a view to proposing suitable amendments to the Council, where necessary.”

3 revision of the directive 94/45  December 1999 : ETUC resolution on the review of the directive ▼ strengthening the right to information and consultation  information must be comprehensive, provided in good time, in writing  consultation must be timely, employees’ opinion must be taken into account in the planning phase of decisions  when information and consultation not respected, decisions are null and void ▼ better working facilities for employees’ representatives  the right to meet local representatives  the right to have preparatory and follow-up meetings  the right to training  the right to have union experts ▼ recognition of the role of European Industry Federations  the right to participate in negotiations and meetings ▼ simpler and more efficient negotiations  negotiating period reduced to 1 year ▼ lowering threshold to 500 employees ▼ procedure for re-negotiation of agreements

4 revision of the directive 94/45  April 2000 : report from the Commission on transposition  September 2001 : resolution of the European Parliament ▼ precise definition of information and consultation : before the decision ▼ reduction of the limit for negociations from 3 years to 18 months ▼ reduction of the threshold from to 500 and 150 to 100 ▼ more rights for participation of trade unions and EIF’s ▼ facilities : access to establishments, training, meeting rooms,... ▼ more subjects : health & safety, lifelong learning, equal opportunities,... ▼ adequate sanctions : decisions only legitimate if info & consul beforehand ▼ more meetings per year ▼ solution for mergers and renewing agreements ▼ participation rights

5 revision of the directive 94/45  : European company directive with regard to the involvement of employees  : general framework directive for informing and consulting employees in the European Community  September 2003 : divided opinion of the EESC  lists a number of open questions  December 2003 : ETUC strategy - the directive must be revised ! ▼ detailed list of suggestions for improvement ▼ April 2004 : Commission starts 1st stage consultation on the review of the directive ▼ ETUC : revision is essential and must be speeded up ▼ UNICE : strongly opposed to a revision, no second consultation

6 revision of the directive 94/45  February 2005 : social agenda of the new Commission  revision of the directive is one of the targets  March 2005 : Commission announces 2nd stage of consultation, linked with the issue of company restructuring  March 2006 : European Parliament resolution ▼ the Commission must launch a proper 2nd phase consultation  September 2006 : divided EESC position  first integrate the new member states, then revision  employers : no need for a revision  November 2006 : directive 2006/109/EC  revision of the number of members of the special negotiating body maximum 18  maximum equal to number of member states

7 revision of the directive 94/45  May 2007 : European Parliament resolution  May 2007 : ETUC congress Seville  better conditions for EWCs and promotion of workers participation  October 2007 : Commission work programme 2008  legislative proposal for revision is one of the prioritary initiatives  December 2007 : ETUC declaration  if Business Europe has no mandate for negotiation, the Commission must accelerate the procedure  objective is adoption of revision before end 2008  5 priorities  harmonisation of information and consultation rights  elimination of the barriers for setting up EWCs  improvement of working tools and conditions (training, two meetings, access to all sites, follow-up meetings, interpretation, gender balance…)  recognition of the role of trade unions  resolution of legal uncertainties (procedure for renegotiation, reduction of negotiation period, registration of agreements, penalties…)

8 revision of the directive 94/45  February 2008 : official start 2nd consultation letter to the social partners with a number of initiatives considered by the Commission to revise the directive : ▼ to clarify the definition of consultation and to add a definition of information, integrating the concepts of appropriate time, means and content ▼ the right to obtain a motivated response to an opinion, a precise definition of exceptional circumstances, two ordinary meetings per year, more subjects for information and consultation ▼ to recognise explicitly the special role which trade unions can play in negotiations and support for EWCs ▼ the right to training ▼ the obligation for local management to provide all necessary information for the opening of negotiations, regardless of the location of the group’s headquarters ▼ to delete the maximum number of SNB-members ▼ linking national and transnational information and consultation levels by introducing provisions for a parallel start of the processes

9 revision of the directive 94/45  before  advice or recommendation of the social partners on these objectives or  start of negotiations ▼ ETUC : ready to negotiate, but only on the basis of a tight timetable and guarantees for substantial changes ▼ Business Europe, UEAPME and CEEP are looking forward to the opening of negotiations according to standard procedures  end April 2008 ▼ ETUC : it was not possible to agree with Business Europe on a concluding date, nor on substantial amendments the Commission should present a revised directive early June + detailed opinion (see table) ▼ Business Europe : still prepared to conduct negotiations no opinion

10 revision of the directive 94/45  ETUC campaign  use personal contacts with members of the Commission and the European Parliament to push for a substantial revision  local unions speak out to their national governments  more letters sent by EWCs  trade union press briefed  a conference early June “on the offensive for stronger EWCs” (300 participants !)  electronic info sheets  initiatives on you-tube, second life...  a brochure with good reasons for revision  May-June : inter-DG consultation  : the Commission publishes its proposal

11 revision of the directive 94/45  comparative table demands ETUC / proposal Commission subjectETUCCommission 1generaldelete reference to “a procedure for information and consultation” no delete exemption for navy crews and ideological guidance undertakings no include the requirement to promote equality of men and women yes : art. 6.2.b balanced representation with regard to activities, category and gender organise public register for all agreementsno 2definitionsreduction threshold of to 500 and from 150 to 100 employees for creation of an EWC no add the definition of information of the SE directive 2001/86 definition added, but not SE change the definition of consultation in line with SE directive 2001/86 new definition, but not SE 3controlling undertakingprecise the definition, including joint ventures, franchising... no 4establishment of a EWCmanagement must provide all necessary information for the opening of negotiations in good time, regardless of the responsibility of other parts of the group yes : art. 4.4 all management boards shall be responsible for obtaining and transmitting to the parties concerned the information required TUs must be entitled to request relevant information to ascertain whether or not a company is covered by the directive no, but art. 4.4 management shall be responsible for transmiting to all parties concerned the information required reduce the negotiation period to one year + max six months extension no

12 revision of the directive 94/45 subjectETUCCommission establishment of a EWCsubsidiary requirements must apply if negotiations adjourned for 4 months no no grouping or indirect representationno add the right to have substitutes for the SNB and the EWC no introduce the right for the SNB to meet without management before and after the meetings, with experts yes : art. 5.4 before and after any meeting the SNB shall be entitled to meet, without managment being present no max. number of members of the SNByes : art. 5.2.b but : min. 50 employees introduce the right for TUs to initiate negotiationsno, but art. 5.2.b the competent workers’ organisations shall be informed of the compostion of the SNB and the start of the negotiations 5facilitiesaccess to all sites must be facilitatedno introduce the right for EWC members to inform all employees and the resources to communicate with them yes : art the members of the EWC shall inform the local representatives or the workforce as a whole but : no resources to communicate introduce the right to training, free time for this and costs covered by employer yes : art in so far as this is necessary but : costs ? the EWC must have the right to determine the content of the training no include training provisions in body of the directiveyes 6content of the agreementmove experts and operating expenses from subsidiary requirements to article 6, content of the agreement no

13 revision of the directive 94/45 subjectETUCCommission 7renegotiationsensure that EWCs can take structural changes into account by enabling renegotiation or adaptation of the agreement yes : art. 6.2.g and 13.3 the agreement shall determine the arrangements for amending it and the cases in wich it should be renegotiated, when the structure changes significantly management shall initiate negotiations existing EWCs must have the opportunity to benefit from the improvements no : art no general obligation to renegotiate existing agreements introduce the obligation to open renegotiations upon request yes : art but : only where the structure changes significantly introduce transitional arrangements and abbreviated time frame for renegotiations yes : art but : no abbreviated time frame 8confidential informationlimit the definition to personal data and company secrets no 9protection of employeesimprove protection of representativesno give them the right to paid time off to pursue their duties yes : art but not explicit they shall have the means required to apply their rights stemming from the directive 10protection of rightsguarantee legal proceedings : the right to go to court, costs paid by employer no management decisions must be abandoned if they violate information and consultation rights no sanctions must be effective, proportionate and dissuasive no ensure rules for collective decision-making in content of the agreement and fall-back procedure no

14 revision of the directive 94/45 subjectETUCCommission 11link with other provisionsinformation and consultation procedure must be in parallel and iteratively on local, national and transnational level yes : art. 6.2.c, 12.2 and 12.3 the agreement shall determine linking European/ national level, if no such arrangements : processes start at the same time parties concerned must be able to communicateno 12subsidiary requirements ordinary meetings introduce the right to be apprised of reasons for a decision yes : SR 1.a the EWC must obtain a response and the reasons for that response to any opinion they might express at least two regular meetings per yearno no max. number of members of a EWCyes : max. was crossed out but : min. 50 employees include data protection, gender mainstreaming, anti-discrimination, policies for the integration of differently abled people, environment, safety & security and investments no introduce the right to an internal follow-up meeting no ensure interpretation for all meetings of EWC and select committee no ensure translation of written informationno, but information must be transmitted in such fashion as is appropriate costs for interpretation and translation to be borne by the employer yes : SR 7 but : only interpretation and unless otherwise agreed lay the burdon to prove that an issue involves only one country with management no include decisions made in another countryno, although still in preamble (12)

15 revision of the directive 94/45 subjectETUCCommission 13 subsidiary requirements select committee increase the maximum number of members of the select committee from 3 to 5 yes : SR 1.d at most 5 members select committee where the EWC has nine members or more yes : SR 1.d provision “where its size so warrants” was crossed out at least 4 meetings per yearno provide the select committee with all the necessary facilities to meet and to communicate yes : SR 1.d it must have the conditions enabling it to exercise its activities on a regular basis 14 subsidiary requirements exceptional circumstances a more precise definition of exceptional circumstances no more explicit and practicable provisions for extraordinary meetings cfr. 2001/86 no add the right to a follow-up extraordinary meeting in case management does not act in accordance with the opinion no 15 subsidiary requirements experts remove the possibility to restrict to pay for more than one expert no experts must have the right to participate in all meetings and every part of the process no 16 union recognitionTU representatives must be able to attend all meetings of the SNB yes : art. 5.4 at the request of the SNB TU representatives must have the right to participate in EWC meetings no no restriction for TU officials to become full members of an EWC no

16 revision of the directive 94/45  and now ? ▼ assessment of the proposal of the Commission : a few small steps forward, but insufficient at many levels and even less than the consultation document of February 2008 ▼ continue the ETUC campaign, especially pressure on EP and national governments ▼ timing is getting very difficult ● EP-commission employment and social affairs item on the agenda was removed ● Business Europe congress ● vote provisionally planned for November 2008 session ● approval of the EU Council ● new chair EU January 2009 : Czech Republic ● political elections June 2009 ▼ current negotiations : proposal Commissie is min. reference, strive for better conditions on the basis of the ETUC demands  revised directive end 2008 / early 2009 ?

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