Figure 1 ISE (2002), European Works Councils multinationals database. 150 (+) 1000 (+) Companies...

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


Figure 2

Criteria determining a Criteria determining a controlling undertakingcontrolling undertaking

Controlling undertakingsControlling undertakingsControlling undertakingsControlling undertakings


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


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


Figure 5

Application of subsidiary requirementsApplication of subsidiary requirementsApplication of subsidiary requirementsApplication of subsidiary requirements

6 months6 months3 years3 years


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


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)


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


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


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


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


Figure 13


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


Figure 14


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)


Figure 15


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


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


Figure 17


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


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

Figure 1 ISE (2002), European Works Councils multinationals database. 150 (+) 1000 (+) Companies...

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