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The ”recast” EWC directive and the Novartis European Forum. Directive 2009/38/EC. . . 150 (+). . 1000 (+). 150 (+). Companies affected by the “obligations” of the directive. New agreements June 2011. New agreements June 2011. . Volontary agreements ...22/9/1996. . 150 (+). .
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The ”recast” EWC directiveand the Novartis European Forum Directive 2009/38/EC 150(+) 1000(+) 150(+)
Companies affected by the “obligations” of the directive New agreements June 2011 New agreements June 2011 Volontary agreements ...22/9/1996 150(+) Agreements dir 94/45 5/6/2009 – 5/6/2011 1000(+) 150(+) June 2011 in cases of restructuring
Information Consultation Avis Opinion Stellungnahme Impact? Time Temps Zeit NEF Supplement agreement: 1.1 – 2.6 & 4 Content Contenu Inhalt Fashion Manière Weise
Items to be agreed in the agreement Special negotiating body Compositionof the EWC Undertakings affected Informationand consultation Financial and material resources &Training “To represent collectively the interests of the employees..” 2x EWC Venue, frequency and duration of meetings Validity of the agreement Local Linkage EWC & local representation bodies
Transnational ? Agreement 6.1
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 Transnational ? 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 potentialeffects or which involve transfers of activities between member states
Subsidiary requirements VS NEF agreement extra EWC One meeting per year Extraordinary meetings Compostion of EWC Financial and material resources & Training Information and consultation Internal preparatory meeting Experts Undetakings covered Select committee (5!)
+ ??? NEF + ??? Internal follow up meeting 5.11 (agreement EWC Access to sites Agreement 10.4
Information and consultation rights (subsidiary requirements And NEF) € Economic and financial situation and trends Company structure Changes in activities, production and sales Employment trends € Investment plans Organisational changes New working methods Mergers, downsizing, closures Transfer of production Collective redundancies
Information and consultation rights (subsidiary requirements And NEF) H & S Working time Social benefits Consequences of restructuring
Directive 2009/38/EC Art 13 agreements ...22/9/1996 Art 6 agreements 5/6/2009 – 5/6/2011 New agreements June 2011 Art 13 agreements when expiring Mergers, downsizing, closures Restructuring Art 6 agreements when expiring
Existing NEF – the directive and and Restructuring? Merger - Fusion NEF? EWC - CEE 2 Agreement: 11.3 and 11.5? Special negotiating body