EUROPEAN WORK COUNCILS (EWC)

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EUROPEAN WORK COUNCILS (EWC)

• Dip. Ing. Panos Katsampanis
• OBES trainer
• Round table Sofia 8/12/06

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AIMS

• EWC in the new European countries
• Transfer of experience of existing EWC

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ACTIONS

• Round table in Athens 25/9/06
• Round table in Sofia 8/12/06
• Transnational conference Athens 2/2/07
• Exchange of experience between trade unionists
  about EWC
• Web site development www.obes.gr
• The main points and the conclusions will be
  present to Ministries, European Commission etc.

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SIMILARITIES AND DIFFERNCES IN THE EUROPEAN
LABOUR CULTURE

• Are there differences in industrial and trade
  union culture in the EU member states?
• Yes, we have to learn the differences in order to
  cooperate effectively and to achieve our members
  aims
• Dont forget that the multinational companies
  follow the same company policy and rules in all
  European countries.

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WORK PLACE EMPLOEES REPRESENTATION BODY

• TRADE UNION
• TRADE UNION AND WORK COUNSIL
• COLLECTIVE BARGAINS (SALARIES) ARE FEDERATIONS
  (TRADE UNION) RESPONSIBILITY ??? WORK COUNCILS

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COMPOSITION OF THE REPRESENTATION BODY

• EMPLOYERS AND EMPLOYEES
• (NORWAY, DANMARK, FINLAND, FRANCE, BELGIUM,
  LUXEMBURG)
• ONLY EMPLOEES (ALL OTHER COUNTRIES)
• WORK COUNCIL BETRIEBSRAT COMITE DE ENTERPRISE

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TRADE UNION STRUCTURE IN EUROPE

• STATUS (SWEDEN)
• SECTOR (GERMANY)
• PROFESSION (BRITAN)
• POLITICS, RELIGION (FRANCE, SPAIN)

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EUROPEAN INDUSTRIAL RELATION MODELS

• GERMANIC (GERMANY)
• AGLO SAXONIC (BRITAN)
• SOUTHERN EUROPEAN

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SO WHAT IS COMMON IN EUROPE?

• EUROPEAN DIRECTIVES AND REGULATIONS THAT THE
  MEMBER STATES TRANSPOSE TO NATIONAL LAWS AS
• 94/45 EUROPEAN WORK COUNCILS
• 2002/14 INFORMATION AND CONSULTATION
• 2157/2001 AND 2001/86 EUROPEAN COMPANY
• ATTENTION TO THE TRANSPOSITION PROCESS (e.g.
  election process)

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WHAT IS A EUROPEAN WORK COUNCIL (EWC)?

• EMPLOEES REPRESENTATION BODY IN COMPANY LEVEL
  WITH RESTRICTED ROLE IN
• INFORMATION
• CONSULTATION
• NO COLLECTIVE BARGAINS

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WHEN A EUROPEAN WORK COUNCIL IS ESTABLISHED?

• WHEN A UNDERTAKING OR GROUP OF UNDERTAKINGS HAS
  AT LEAST 1000 EMPLOEES AND 150 EMPLOEES IN TWO
  MEMBER STATES AND THE EMPLOEES WANT IT.

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CURRENT STUATION IN EUROPE (A)

• How many European undertakings are covered by the
  94/45 directive?
• 2204 undertakings with 21 millions employees
• How many EWC are existing?
• 780 undertakings with 13 million employees

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CURRENT STUATION IN EUROPE (B)

• 400 AGREEMENTS FOR EUROPEAN WORK COUNCILS ARE
  ARTCLE 13 AGREEMENTS (BEFORE SEPTEMBER 1996)
• 380 AGREEMENTS FOR EUROPEAN WORK COUNCILS ARE
  ARTCLE 6 AGREEMENTS (AFTER SEPTEMBER 1996)

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COUNTRY OF ORIGIN OF THE MULTINATIONALUNDERTAKING

• GERMANY 146
• BRITAN 97
• USA 94
• FRANCE 82
• BELGIUM 46
• HOLLAND 45
• SWEDEN 43
• SWISERLAND 31
• ITALY 30
• FINLAND 28
• JAPAN 21

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THE ESTABLISMENT OF A EWC

• 1. Written request of at least 100 employees from
  two countries to management
• 2. A Special Negotiation Body is created in 6
  months period (3-17 elected employees one from
  each country)
• 3. Maximum 3 years negotiations
• 4. In case of no written agreement as result from
  the negotiations, a EWC is created according to
  the subsidiary requirements of the 94/45 directive

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SUBSIDIARY REQUIRMENTS OF DIRECTIVE 94/45

• 1. EWC members 3-30 elected employees
  representatives (at least one from each country)
• 2. EWC has the right to be informed and consulted
  by the central management once per year on
  transnational matters (two countries and more)
• 3. Selecting committee of maximum 3 persons
• 4. Additional meetings of the EWC and the central
  management in case of exceptional circumstances
  (closure of establishments, relocations,
  collective redundancies)
• 5. Expert and costs

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CONTENT OF THE AGREEMENT

• 1. Covered undertakings
• 2. Composition of the EWC, number and allocation
  of seats, terms of office
• 3. Functions and procedure for information and
  consultation
• 4. Venue, frequency and duration of meetings
• 5. Financial and material resources.
• 6. Duration of the agreement and procedure for
  renegotiation.

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ISSUES OF THE ANNUAL MEETING OF THE EWC WITH
CENTRAL MANAGEMENT

1. Structure, economical and financial situation
2. Business, production and sales development
3. Situation and probable trends of employment
4. Substantial changes in organization, production
   methods, transfers of production, mergers,
   cut-off or closures of undertaking and collective
   redundancies.

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WHAT IS INFORMATION AND CONCULTATION

• EWC DIRECTIVE
• ??F????????
• no definition
• CONSULTATION
• Exchange of view and establishment of dialogue
  between employees representatives and management.
• EUROPEAN COMPANY DIRECTIVE
• ??F????????
• Time, manner and content must permit employees
  representatives an in depth assessment
• CONSULTATION
• Time, manner and content must permit employees
  representatives to express an opinion which may
  be taken into account in the decision making
  process.

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EUROPEAN COMPANY 2157/2001 AND 2001/86 FOR THE
EUROPEAN COMPANY

• Employees of a European company could set up a
  representative body, similar to the EWC, with
  rights for
• Information Consultation Participation.

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EWC AND EUROPEAN COMPANY

• European Work Councils and the Representative
  Body in the European Company are connecting with
  the protection of employees rights, in-company
  democracy and the management privilege.

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EUROPEAN PARLIAMENT REPORT ON EWC 17.6.2001 ?
5-282/2001

• The first weakness which has recently been the
  focus of public interest concerns the timing of
  information and consultation.. In many recent
  cases such meetings have not taken place in good
  time.

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EWC PROBLEMS

• Not enough information
• Insufficient consultation
• Rare meetings (one per year)
• Difficulties in communication
• Different opinions and views.
• Forum for exchange of views or employees
  representation body?

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EWC CRUSIAL POINTS

• Meetings (president, agenda, employees
  pre-meeting, follow up -meeting, frequency,
  duration, communication, extra meetings, expert,
  training, costs)
• Structure (covered companies, seats, new member
  states, new undertakings, country allocation of
  seats, shared seats, observers, mergers, future?)
• Select committee (seats, allocation, frequency,
  working groups, costs)
• Transnationality
• Confidentiality and communication with trade
  unions