pruh+znak_PF_13_gray5+fialovy_RGB PF_PPT_en Workers' Participation Right to Information Right to Consultation European Works Councils www.law.muni.cz PF_PPT_nahled PF_PPT_en2 2 •Part of the Collective Labour law. •Collective Labour Law deals with relations between an employer and the collective of his employees represented by a worker’s representative. •Parties to the collective labour relations: employer and workers' representative. Workers' Participation www.law.muni.cz PF_PPT_nahled PF_PPT_en2 3 •Workers’ representatives: •Trade unions •Works council •European works council •Other representatives Workers' Participation www.law.muni.cz PF_PPT_nahled PF_PPT_en2 4 •Association of workers •Freedom of Association: •ILO Convention No. 87 - Freedom of Association and Protection of the Right to Organize (1948) •Trade union organizations and employers' organizations can associate to create federations and confederations. • Trade unions www.law.muni.cz PF_PPT_nahled PF_PPT_en2 5 •Any mechanism, including: •information, •consultation, •negotiation, •other kind of participation, n through which workers' representative may exercise an influence on decisions to be taken within the company. • Workers representatives' rights www.law.muni.cz PF_PPT_nahled PF_PPT_en2 6 •Workers' participation is a controversial topic. •Some say it is an obstacle for the decision making process in companies. •Reasons of importance of the workers' participation: •protection of workers' rights, •benefits for the companies. • • Workers representatives' rights www.law.muni.cz PF_PPT_nahled PF_PPT_en2 7 •Forms of participation: •right to information, •right to consultation, •joint decision making (codetermination), •collective bargaining. • Workers representatives' rights www.law.muni.cz PF_PPT_nahled PF_PPT_en2 8 •Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community •Directive 2009/38/EC 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 •Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees Workers' participation in EU law www.law.muni.cz PF_PPT_nahled PF_PPT_en2 9 •Employers must provide information and consultation if they have at least 50 (or 20) employees •Employees must be informed or consulted directly, or through a representative •Scope of information and consultation: •Priority may be given to an agreement •Art. 4 Directive 2002/14 Informing and Consulting www.law.muni.cz PF_PPT_nahled PF_PPT_en2 10 •Art. 7 of Directive 2002/14/EC: nMember States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. n •Case presentation: C-405/08 - Elena Protection of employees' representatives www.law.muni.cz PF_PPT_nahled PF_PPT_en2 11 •Information and consultation in community-scale undertaking or group of undertakings. •Community scale undertaking: •at least 1 000 employees within the Member States •at least 150 employees in each of at least two Member States European Works Councils www.law.muni.cz PF_PPT_nahled PF_PPT_en2 12 •Four steps to ensure information and consultation: •request to initiate negotiations, •establishment of the negotiating body, •the negotiating meeting, •the conclusion. • • European Works Councils www.law.muni.cz PF_PPT_nahled PF_PPT_en2 13 •Basic ways of ensuring the transnational information and consultation: •Creating European Works Council •Another Procedure •Another procedure concluded by the parties has a priority. • • European Works Councils www.law.muni.cz PF_PPT_nahled PF_PPT_en2 14 •Special kind of company. •Council Regulation (EC) No 2157/2001 on the Statute for a European company (SE). •In every SE the workers' involvement arrangements must be established. • Societas Europea (SE)