42 Involvement of Employees in the European Union. European Works Councils, the European Company Statute, Information and Consultation Rights
TABLE
OF CONTENTS
Introductory
remarks
List
of Abbreviations
§
1. Analysis
I.
The Genesis of the Directive – A Spirit of Cooperation
A.
Genesis
B.
A Spirit of Cooperation
II.
Objective and Scope of the Directive
A.
Objective
B.
Scope
1.
Territorial
a.
The 15 EU Member States
b.
The European Economic Area (15+2)
c.
Companies with headquarters outside the EEA
2.
Personal: Which Companies?
a.
Numbers
(1)
Community-scale undertaking
(2)
Group of undertakings
b.
Central management
c.
Merchant
navy crews
III.
Definitions and Notions
A.
Information and Consultation
B.
Representation of Employees
IV.
Establishment of an EWC or a Procedure
A.
The Obligation to Negotiate in a Spirit of Cooperation
B.
Responsibility and Initiation of Negotiations
1.
Responsibility of Central Management
2.
Initiation of the Negotiation
3.
One or More EWC-Procedures
C.
The Negotiation of the Agreement
1.
Parties to the Agreement and the Special Negotiating Body
a.
Composition of the negotiating body
b.
Task of the negotiating parties
2.
Refusal or Cancellation of the Negotiations
3.
Experts and Costs
4.
Role of the Trade Unions and of the Employers’ Associations
D.
Nature, Binding Effect, Form and Language of the Agreement
1.
Nature and Binding Effect of the Agreement
2.
Form and
Language of the Agreement
E.
Content of the Agreement
1.
Scope
2.
The Setting up of an EWC
3.
The Setting up of a Procedure
V.
Prejudicial and Confidential Information. Ideological Guidance
VI.
Protection of Employees’ Representatives
VII.
Compliance with the Directive – Links – Final Provisions
A.
Compliance with the Directive
B.
Links
C.
Final Provisions
VIII.
Subsidiary Requirements: A Mandatory EWC
A.
Composition of the EWC
B.
Competence
1.
General Information (Annual)
2.
Ad hoc Information
C.
Procedure
D.
Role of Experts
E.
Expenses
F.
Future Developments
IX.
Pre-existing Agreements – In Force
A.
Timing, Form, Language and Format of the Agreement
1.
Timing, Form and Language
2.
Format: Detail or Permanent Negotiation?
B.
Nature, Binding Effect and Applicable Law
C.
Scope and Parties to the Agreement
D.
Content of the Agreement
1.
An EWC, a Procedure or Another Mechanism
2.
Competence: Information and Consultation
3.
Functioning
4.
Role of Experts – Expenses
E.
Prejudicial and Confidential Information
F.
Status of the Employee Representatives
G.
Duration of the Agreement
X.
The Importance of EWCs for European Industrial Relations
XI.
Review of the Directive by the Commission
§
2.
Legislation
Council
Directive 94/45/EC of 22 September 1994 on the establishment of a European Works
Council or a procedure in Community-scale undertakings and Community-scale
groups of undertakings for the purposes of informing and consulting employees
§
3. Relevant documents
I. Report from the Commission to the European Parliament and the Council on the application of the Directive on the establishment of a European works council or a procedure in Community-scale groups of undertakings for the purposes of informing and consulting employees (Council Directive 94/45/EC of 22 September 1994) (4 April 2000)
1. Introduction
2. Implementation by legal measures and evaluation of the practical application
2.1. Evaluation of implementing legislation
2.2. Evaluation of the practical application of the Directive outlook
2.2.1. General considerations
2.2.2. Specific considerations
3. Analysis of national implementating measures
3.1. Scope
3.1.1. Material and geographical scope
3.1.2. Concept of undertaking or group of undertakings
3.2. Request to open negotiations
3.3. Special negotiating body (SNB)
3.3.1. Geographical and proportionality criteria
3.3.2. Number of representatives
3.3.3. Modification of the structure of the group during negotiations
3.3.4. representatives of third countries
3.3.5. Information on the composition of the SNB
3.3.6. Composition of the SNB
3.4. Agreements – Article 6
3.5. Subsidiary requirements
3.5.1. Composition of the European works council
3.5.2. Information and consultation
3.5.3. Competence of the European works council
3.5.4. Temporal organisation of information and consultation
3.5.5. Changes to the structure of the group
3.5.6. Chairing of the EWC
3.6. Agreements in force – Article 13
3.7. Experts
3.8. Other operating rules
3.8.1. Material and financial resources
3.8.2. Resources given to the representatives
3.9. Confidentiality
3.9.1. General confidentiality requirement
3.9.2. Right to withhold confidential information
3.9.3. Penalties for infringement of the confidentiality requirement
3.10. Protection of workers’ representatives
3.11. Penalties
3.12. Remedies
Annex
II.
European Parliament
A.
Report on the Commission report on the application of the Directive on
the establishment of a European works council or a procedure in Community-scale
undertakings and Community-scale groups of undertakings fo the purposes of
iforming and consulting employees (Council Directive 94/45/EC of 22 September
1994 (17 July 2001)
·
Procedural
Page
·
Motion for a
resolution
·
Explanatory
statement
1.
Background to the Commission’s report
2.
The context for this report
3.
The Directive’s successes
4.
The Directive’s weaknesses
5.
Other areas for possible amendments to the Directive
6.
Link between the different proposals on information and consultation
7.
The future is global
B.
Opinion of the Committee on legal affairs and the internal market for the
Committee on Employment an Social Affairs on the Report from the Commission to
the European Parliament and the Council on the application of the Directive on
the establishmetn of a European works council or a procedure in Community-scale
undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees (Council Directive 94/45/EC of 22 September
1994) (29 May 2001)
·
Procedure
·
Short
justification
·
Background
·
Conclusions
C.
Opinion of the Committee on Industry, Externatl Trade, Research and
Energy for the Committee on Employment an Social Affairs on the Report from the
Commission to the European Parliament and the Council on the application of the
Directive on the establishment of a European works council or a procedure in
Community-scale undertakings and Community-scale groups of undertakings for the
purposes of informing and consulting employees (Council Directive 94/45/EC of 22
September 1994) (30 May 2001)
·
Procedure
·
Short
justification
·
Conclusions
D.
Debates in the European Parliament.
Works councils and Redundancies (17 May 2001)
§1.
Analysis
I.
More than 30 Years of Discussion
II.
Models of Participation
III.
Board-level Participation Agreed at Aventis
IV.
Nice Summit (7–10 December 2000): the Break Through
V.
Adoption: 8 October 2001
A.
Definitions
B.
Formation of an SE
C.
Structure of the SE
1.
The Two-tier System
2.
The One-tier System
D.
Worker’s Involvement
1.
The Negotiating Procedure
a.
Creation of an SNB
(1)
Composition
(2)
Arrangements for Involvement
(3)
Rules for Decision-making
(4)
Experts
(5)
Opt-out
(6)
Expenses
b.
Content of the Agreement
c.
Duration of Negotiations
d.
Spirit of Cooperation
e.
Legislation applicable to the Negotiation Procedure
2.
Standard Rules
a.
Composition of the Body Representative of the Employees
b.
Standard Rules for Information and Consultation
c.
Standard Rules for Participation
d.
The Application of Standard Rules
3.
Miscellaneous Provisions
a.
Reservation and Confidentiality
b.
Operation of the RB and Procedure for the Information and Consultation of
Employees
c.
Protection of Employees’ Representatives
d.
Misuse of Procedures
e.
Compliance with this Directive
f.
Link between this Directive and other Provisions
Some
Preliminary Observations
§2.
Legislation
I.
Council Directive 2001/ /EC
on supplementing the Statute of a European Company with regard to the
involvement of employees (1 February 2001)
II.
Council Regulation (EC) No /2001
on the Statute for a European Company (SE) (1 February 2001)
§3.
Relevant Documents
I.
European Parliament: Report on the Draft Council Regulation on the
Statute for a European Company (SE) (26 June 2001)
·
Procedural
page
·
Legislative
proposal
·
Explanatory
statement
1.
Decision of general principle
2.
The legal base
3.
The regulation
a)
statutory sources, company formation, capital and registered offices
b)
Bodies
c)
Transfer to place of business to another Member State
4.
The directive
5.
The need for SEs
II.
Opinion of the Committee on Employment and Social Affairs for the
Committee on Legal Affairs and the Internal Market on the proposal for a Council
Regulation on the Statute for a European Company (SE) (21 June 2001)
·
Procedure
·
Short
justification
·
Amendments
III.
Report on the Draft Council Directive supplementing the Statute for a
EuropeanCompany with regard to the involvement of employees (21 June 2001)
·
Procedural
page
·
Legislative
proposal
·
Draft
legislative resolution – European Parliament legislative resolution on the
Darft Council directive supplementing the Statute for a European Company with
regard to the involvement of employees (Consultatioon procedure – renewed
consulation)
·
Explanatory
statement
I.
Background
II.
Main outline of the regulation and directive
III.
Amendments to the Directive
1.
Changing the legal basis
2.
Tax problems
(a)
Tax neutrality
(b)
Tax base
(c)
Uncovering undisclosed reserves
3.
Transpositions
4.
Election procedure
5.
European Works Council – European Company
IV.
Opinion of the Committee on Legal Affairs and the Internal Market for the
Committee on Employment and Social Affairs on the Draft Council Directive
supplementing the Statute for a European Company with regard to the involvement
of employees (20 JUne 2001)
·
Procedure
·
Amendments
§1.
Analysis
I.
Genesis of the Proposal
II.
Object and Principles
III.
Definitions
IV.
Scope
V.
Procedures for Information and Consultation
VI.
Information and Consultation under an Agreement
VII.
Confidential Information
VIII.
Protection of Employees’ Representatives
IX.
Protection of Rights
X.
Link between this Directive and other Community and National Provisions
XI.
Political Agreement of June 2001
§2.
Legislation
I.
Proposal for a Council Directive establishing a general framework for
informing and consulting employees in the European Commnity (11 November 1998)
II.
Amended proposal for a Directive of the European Parliamnet and of the
Council establishing a general framework for improving information and
consultation rights of employees in the European Community (23 May 2001)
·
Explanatory
memorandum
1.
Introduction
2.
Amendments
III.
Report on the proposal for a Council Directive establishing a general
framework for informing and consulting employees in the European Community (31
March 1999)
·
Legislative
proposal
·
Draft
legislative resolution
·
Explanatory
statement
1.
Legal basis
2.
Introduction
3.
Background to the Commission’s proposal
4.
The principles of the Commission’s proposal
5.
Comments on the main amendments proposed by the rapporteur
·
Opinon
1.
General remarks
2.
Explanation of amendments
3.
Conclusions
IV.
Proposal for a Council Directive establishing a general framework for
informing and consulting employees in the European Community (14 April 1999)
V.
Recommendation for second reading on the Council common position for
adopting a European Parliament and Council directive on establishing a general
framework for improving information and consultation rights of employees in the
European Community (9919/1/01 – C5-0388/2001 – 1998/0315(COD)) (10 October
2001)
VI.
European Parliament legislative resolution on the Council common position
for adopting a European Parliament and Council directive on establishing a
general framework for improving information and consultation rights of employees
in the European Community (9919/1/2001 - C5-0388/2001 - 1998/0315(COD)) (23
October 2001)
VII.
Debates in the European Parliament