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?