THE RECAST EWC DIRECTIVE

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1 THE RECAST EWC DIRECTIVE

2 EWC regulations : three legal documents the directives 1994/45 and 2009/38 transposition into national legislation your agreement 2

3 2009/38? agreements signed after non-modified «article 6» agreements adaptation of any existing agreement if significant changes of structure «article 13» agreements modified «article 6» agreements agreements signed obligations : no definitions : yes 3

4 existing agreements art. 13 art. 6 at the expiration date and no agreement to renew or revise significant changes of the structure (merger, acquisition, division) and no provisions or conflict of provisions in the existing agreements application 2009/ (+) or adaptation existing EWCs continue to operate during negotiations SNB + min. of each existing EWC 4

5 5

6 undertakings concerned 150 (+) 1000 (+) (+)

7 controlling undertaking 7

8 competence of the EWC structure of the group changes in the organisation transfers of production investments economic and financial situation development of activities, production and sales situation and trend of employment new working methods collective redundancies mergers, cut-backs or closure of undertakings information information + consultation 8

9 9

10 trade union involvement SNB 10

11 composition SNB/EWC 55% 12% 55% 12% 1994 / /38 28% 5% 28% 5% min. 3 / max. 27 (SNB) max. 30 (EWC) 11

12 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 12

13 linking the European and the national level 13

14 linking the European and the national level + 14

15 role of the representatives inform local representatives or the whole workforce to have the means required to apply the rights stemming from this directive to collectively represent the interests of the employees provided with training without loss of wages 15

16 definitions INFORMATION + CONSULTATION on TRANSNATIONAL MATTERS 16

17 transnational matters +? 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 17

18 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 18

19 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 19

20 which transposition? country of central management for organisation of SNB/EWC other countries for the appointment/election of members sanctions that are effective, proportionate and dissuasive transposition table (deadline ) law Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Spain, France, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Portugal, Romania, Slovenia, Slovak Republic, Finland, Sweden, UK collective agreement Belgium, Norway Italy : joint advice no info Greece, Luxemburg, the Netherlands, Iceland, Liechtenstein 20

21 21

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