EWC Agreements affected by new regulations and rights –
i. EWC agreements that were concluded after 15th December 1999 and before 6th June 2009.
ii. EWC agreements that are concluded after 6th June 2011
NEW Information & Consultation rights;
i. EWC’s now have the right to conduct an in-depth assessment of the possible
impact on transnational decisions taken by the company.
ii. EWC’s are now provided with the ‘means required’ to carry out this task (financial resource)
NEW Organising Opportunities;
i. European Works Council now have the right to inform employees
representatives (Trade union representatives) or to the extend that any that any employees are not represented by employee’s representatives, the employees themselves, of the content and outcome of the information and consultation procedure at EWC.
ii. The company should therefore provide the following information to EWC representatives:
• The names and addresses of all UK sites and establishments covered by the EWC agreement;
• The number of employees within each site;
• Information of whether the site or establishment is recognised for the purposes of collective bargaining, if so the names and contact details of the relevant trade union representatives;
• If the site establishment is not recognised for purposes of collective bargaining, are there any other consultation bodies or communications bodies in place, if so the names and contact details of the relevant contact person.
• If no trade union or employee representatives exist, the company should provide the relevant contact details of local management who will be able to assist in order to arrange access to the employees.
iii. FAILURE TO DO SO will mean that an employee or employee’s representative may present a complaint to the Central Arbitration Committee (CAC) that the European Works Council has failed to inform them.
iv. New Requirement to link national structures with EWC. Where there aren’t any structures in place, then the possibility of establishing them. Potential to create trade union combines/networks as the link.
NEW Training rights;
i. The Company must now provide an a European Works Council member with the ‘means required’ to undertake training to the extent necessary for the exercise of the employee’s representatives duties and time off to attend training.
ii. I.e. The company must pay UNITE (or another provider of our choice) the costs for the training. Unite currently charging £1000 to train a unite member.
NEW Rights to Financial support;
i. The Company shall provide the European Works Council with the ‘means required’ to fulfil their duty to represent collectively the interests of the employees within the organisation – IMPLIES FINANCIAL SUPPORT