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

2. 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

3. the EWC recast directive
undertakings concerned within the EEA ( EU Union + EEA EFTA States)
1000(+) 
150 (+) 
150 (+) 

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

5. 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

6. the EWC recast directive

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

8. 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

9. 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

10. 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

11. 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%

12. 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

13. 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

14. 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

15. the EWC recast directive
linking the European and the national level

16. 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

17. the EWC recast directive
trade union involvement
SNB

18. 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

19. 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

20. 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

21. 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)

22. 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

23. 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

24. 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.)

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

26. the EWC recast directive

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