EWC Directive: Poor transposition draft for UK law

Following the adoption of the new EWC Directive 2009/38/EC the UK Government has published their draft legislation for the transposition of the Directive into UK labour law. Regrettably, the UK draft transposition disappoints all expectations for a fair and decent transposition of the wording and the spirit of the new Directive. The UK Government had already declined to provide any support to the new Directive when it was adopted in May 2009.

The UK Government has invited interested partied to present their view on their draft legislation by 12 February 2010. A number of EWC have decided to use this opportunitiy and to provide their arguments to the UK legislator. Please see a sample for a response submitted by the EWC of a large US multinational with their EU headquarter located in the UK.

Sample response

02 Telefonica Training Course in Bavaria

When 02 EWC members met in September they were greeted by late summer sunshine on the hills surrounding lake Tegernsee in the heart of Bavaria/Germany. The three days training programme arranged by TCI included an analysis of the updated EWC Directive, the better communication among EWC members and a comparism of national systems of employee representation. The O2 EWC was established in 2006 following the disposal of the former British Telecom mobile phone provider to Spanish Telefonica. In September 2009 a new Agreement has been signed including various improvements such as the enlargement of the Select Committee up to five members and excellent meeting facilities. On the day prior to the meeting the EWC representative joined their German hosts at a meeting of the German Company Works Council. Password protected bakground materials (for 02 EWC members only) can be found at  02 EWC.

Unanimous vote: Cookson EWC terminates Agreement

Click to enlarge
Cookson EWC

The Cookson European Consultation Forum (ECF) is probably the first European Works Council to react to the new EWC Directive and it has terminated the existing EWC agreement. The termination notice which was signed by each individual EWC member of the English conglomerate was passed on to company management by the German Chair of the employee representatives Karin Holz. The agreement is terminated with the intention that a new EWC agreement is negotiated by the summer of 2009. If these negotiations are not successful, the ECF will be dissolved. A Special Negotiating Body could negotiate a new EWC agreement in this case. Since the formation of the ECF, different views and opinion with the English company management hampered the effectiveness of the ECF’s work. The question of timely information and consultation was at the centre of the controversy along with the work facilities of the Steering Committee. The conflict resolution procedure which was part of the agreement was launched by employee representatives in 2007 but ran without a positive outcome as management and employee representatives could not agree on a common mediator. The EWC members assume that even the current minimum standards of the EWC Directive include more favourable framework standards than those provided for the EWC agreement concluded in 2005. 

Cookson EWC Agreement

Deutsche Post (DHL): Standing Ovation for Maggi Wendt

Elmar Kallfelz is the new Chair – Formation of sub committees for business divisions

Click to enlarge
Maggi Wendt

Outgoing Chair Maggi Wendt was given a standing ovation by the 50 EWC members of Deutsche Post who came from 29 different countries. Newly elected Chair Elmar Kallfelz acknowledged the merits of his predecessor at the end of her five year term of office. Maggi had initiated the formation of the Special Negotiating Body back in 2000 and stood at the summit of the European Works Council Forum since its formation in 2003. As a convinced European, her attention was particularly directed at the involvement of all EU countries which was expressed through the distribution of the 12 seats on the Presidium among 12 different countries. In the internationalisation of the employee representation structures of Deutsche Post she also had to overcome reservations in her own ranks, especially as half of all employees of the group are still employed in Germany. During the constituent meeting of the second term of office, five "Business Committees“ were set up for the first time in order to enable more intense consultation in the various divisions of the group. Hellmut Gohde (TCI) was elected for a further four years as permanent expert of the employee representatives.

New EWC Directive adopted by Council of Ministers

On December 17th 2008 the EU Council of Ministers accepted the proposal for a modified EWC Directive. The Council of Ministers thus followed the compromise proposal negotiated with the decisive participation of the European Parliament. The most significant innovations include an improved definition of information and consultation, the introduction of sanctions if regulations are not adhered to and the right to training for EWC and even SNB members. However very few of the initial demands of European Works Councils and trade unions are reflected in the new Directive. 

The New EWC Directive - Original Version  

Further information on Directive revision

Hapag Lloyd gets its own European Works Council

The long established Hamburg shipping company Hapag Lloyd is getting its own EWC following the sale of the company by TUI AG. On the official sales date (so-called “closing”) which is expected at the end of January 2009, the existing shipping committee of the TUI Europe Forum will take over the task of the Hapag Lloyd European Works Council. The committee has represented the interests of European shipping employees within the TUI Group up to now. The shipping committee is also acting as a Special Negotiating Body with the aim of negotiating an EWC agreement for Hapag Lloyd. Employee representatives and company management agreed on this process shortly before the end of the year. Hapag Lloyd was sold to a Hamburg investment group by the TUI AG in a sensational bidding war. Hapag Lloyd works councils had strongly supported this “Hamburg Solution” with a series of actions. There was fear of mass redundancies if the company had been sold to the bidder from Singapore. 

EWC Agreement

Ist Ihre EBR-Vereinbarung noch zeitgemäß? Wir analysieren die Stärken und Schwächen. Ein kostenloses Angebot für bestehende Euro-Betriebsräte.

Is your EWC agreement still up-to-date? What are it´s strengths and weaknesses? Obtain your expert´s advice free of charge.
more

New EWC Directive

On 17 December 2008 the EU Council of Ministers has adopted the new EWC Directive. Please view all relevant documents and the key priorities for a new legal framework.
more

Interpreters

For your international meeting we arrange for professional interpreters and translation of documents into any European language.
more

EU Funding

The EU makes project resources available to European Works Councils every year. We help with the application process.

more

Language Training

Can you communicate with your colleagues abroad? Together with our partner institute we provide exciting and tailor-made language courses.
more