150150
(+)(+)
150150
(+)(+)
10001000(+)(+)
The ”recast” EWC directiveand the Saint-Gobain
Convention
Directive 2009/38/EC
Companies affected by the “obligations” of the directive
150150
(+)(+)
150150
(+)(+)
10001000(+)(+)
Volontary agreements...22/9/1996
June 2011 in cases of restructuring
New agreements June 2011New agreements June 2011
Agreements dir 94/455/6/2009 – 5/6/2011
Information Consultation
Convention Saint-Gobain + Av 7
TimeTemps
Zeit
ContentContenu
Inhalt
FashionManièreWeise
AvisOpinion
Stellungnahme
Impact?
Av 7, prbl §4-5 – art 1bis a-b
Items to be agreed in the agreement
2 xVenue, frequency and Venue, frequency and duration of meetingsduration of meetings
Validity of the Validity of the agreementagreement
InformationInformation and and consultationconsultation
CompositionComposition of of the EWCthe EWC
Financial and material Financial and material resources &Training resources &Training ““To To
represent collectively the represent collectively the interests of the employees..”interests of the employees..”
Undertakings Undertakings affectedaffected
EWC
LocalLinkage EWC & local Linkage EWC & local
representation bodiesrepresentation bodies
Transnational ?
Av 7 art1bis c
6
l
+ ?
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
matters that concern the group as a whole orat least two establishments situated in two 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
Transnational ?
Subsidiary requirements ≠ convention + av
Extraordinary Extraordinary meetingsmeetings
extraOne meeting per One meeting per
yearyear
Information and Information and consultationconsultation
ExpertsExperts
Internal preparatory Internal preparatory meetingmeeting
Financial and material Financial and material resources & Trainingresources & Training
Select committeeSelect committee ((5!) 95!) 9
EWCEWC
Compostion of EWC
Undetakings Undetakings coveredcovered
+ ???Convention + av7
Internal follow up?Internal follow up?
Select committeeSelect committee 9 reps– 9 reps– 4 meetings/year4 meetings/year
Information and Information and consultationconsultation
Av art 5 iAv art 5 i
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 changesInvestment plansInvestment plans
€€
Transfer of productionTransfer of productionCollective redundanciesCollective redundancies
€
Changes in Changes in activities, activities,
production production andand sales sales
Information and consultation rights (subsidiary requirements And NEF)
Information and consultation rights (subsidiary requirements And NEF)
H & S
Working time
Social benefits Consequences
of restructuring
Art 6 agreements5/6/2009 – 5/6/2011
Directive 2009/38/EC
Art 13 agreements...22/9/1996
New agreementsJune 2011
Art 13 agreementswhen expiring
Art 6 agreementswhen expiring
Mergers, Mergers, downsizing, downsizing,
closuresclosures
RestructuringRestructuring
Existing NEF – the directive and and Restructuring?
NEF? EWC - CEE 2
Merger - FusionMerger - Fusion
Special Special negotiatinnegotiatin
g bodyg body
Agreement: 11.3 and11.5?
Top Related