European Works Councils
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Vernehmlassungsbericht der Regierung Betreffend die Abanderung des Gesetzes über Europäische Betriebsräte RL 2009/38/EC

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Increase Media Coverage Through Press Release Distribution - PRWeb

Discover how to increase media coverage for your company through press release distribution services from PRWeb. Learn the benefits of better media coverage.
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annex18.ashx

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Annex to the EEA Agreement applying directive 2009/38/EC to the EEA countries. (point 18).

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Adoption of Law No. 186/2011 to amend Law No. 217/2005 aiming at transposing European Works Council Directive (2009/38/EC) (12-01-2012)

European Labour Law Network
European Works Councils Research's insight:

Romania adopted Law No. 186/2011 (published in the Romanian Official Gazette No. 763 dated 28 October 2011) to amend Law No. 217/2005 (published in the Romanian Official Gazette No. 250 dated 13 April 2007) on constituting, organising and the functioning of European Works Councils.
According to Law No. 186/2011, the arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the company to take decisions effectively. The information and consultation of employees must occur at the relevant level of management and representation, according to the subject under discussion.
Pursuant to the provisions of European Works Council Directive (2009/38/EC), Art. 4.71 and Art. 4.8 of Law No. 186/2011 define the concept of information and consultation to correspond to the general principles of “useful effect”.
However, it must be noted that, just as Law No. 217/2005 constituted a verbatim translation of Council Directive 94/45/EC of 22/09/1994, the new Law No 186/2011 simply incorporates the regulations contained in Directive 2009/38/EC. For the time being, the only Romanian sector in which works councils already apply is Community-scale undertakings and Community-scale groups of undertakings, where their establishment has in fact been imposed by EU Directives.
Hence, the regulations contained in European Works Council Directive (2009/38/EC) are transposed into Romanian legislation, but not by integration into the entire system of law. While the Romanian system regulates the European Works Council, it is not familiar with the institution of works councils in any company which does not fall under the European provisions.

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European Labour Law Network

European Labour Law Network
European Works Councils Research's insight:
Government submitted report and motion concerning the European Works Council to the Parliament (12-01-2012)

The Liechtenstein government submitted a report and motion concerning the European Works Council to the Parliament (BuA No 2011/111).

 

On 23 September 2010 the Liechtenstein parliament approved the incorporation of Directive 2009/38/EC into the EEA Agreement. The implementation of the Directive requires an according modification of the Liechtenstein Act of 16 June 2000 on European Works Councils (LR 822.12).

 

Reference:

http://bua.gmg.biz/BuA/index.jsp > BuA Nummern > 2011 > 111

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IT Giant HP on collision course with Euro unions over EWC and job losses | Power In A Union

IT Giant HP on collision course with Euro unions over EWC and job losses | Power In A Union | European Works Councils | Scoop.it

On May 23rd the Information Technology giant Hewlett Packard announced plans to reduce its workforce, with 27,000 jobs to be slashed. In response to the announcement a meeting of the companies European Works Council (EWC) was held in Amsterdam between June 12th – 14th. Since company figures were healthy for the EMEA region and no labour surplus exists in the region, it came as no surprise that HP failed to provide information on which and how sites are to be affected by the 8000-plus job cuts planned across Europe.

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Agreement signed on ArcelorMittal’s EWC installation

The agreement on the ArcelorMittal European Works Council (EWC) was signed and the EWC was installed on July 9 in Luxembourg. The newly installed integrated ArcelorMittal EWC will replace the former EWCs that existed in both previous companies, ArcelorMittal said in a press release on July 10. Lakshmi Mittal, president and CEO, president of the EWC, commented: “The agreement that we sign today is an agreement of which we can all be proud. I want to take this opportunity to congratulate you all for this great result. Forming one EWC for ArcelorMittal has been a big step in the integration of the company.” Luigi Farina, Vice President of the EWC, said: “We value this agreement as a strong commitment by ArcelorMittal to social dialogue, and in particular to priority issues such as Health and Safety. The fact that this Committee has 54 members is positive, as this will allow it to accurately represent the diversity of cultures within ArcelorMittal in EU27 and will enrich our debates.”

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Clarkson, 'Corporate Culpability', [1998] 2 Web JCLI

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5. Conclusion

The argument in this paper has been that the widely-accepted mechanisms adopted, or canvassed, by English law for the establishment of corporate culpability are both theoretically and practically defective. Companies should be prosecuted and convicted for the same general offences as individuals and subject to the same general rules for the construction of criminal liability. The law should recognise and give effect to the widely-held public perceptions that companies have an existence of their own and can commit crimes as entities distinct from the personnel comprising the company. The best method of assessing whether a company possesses the requisite degree of blameworthiness is through adoption of the corporate mens rea doctrine. While this inevitably will raise problems of how to assess policies and procedures to ascertain whether they reflect the requisite culpability, such a task is not impossible. The answers might not be easy, but at least this approach involves asking the right questions.

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Unions find German solidarity lacking - FT.com

Unions find German solidarity lacking - FT.com | European Works Councils | Scoop.it
European Works Councils Research's insight:

Norbert Kluge of the European Trade Union Institute points to how Opel workers handled a previous restructuring as a model compared with VW and Renault: "They developed a very good, common position across Europe.

"That helped because they then had a much better negotiating position."

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European Works Council Directive implemented in Luxembourg | Wildgen

European Works Council Directive implemented in Luxembourg | Wildgen | European Works Councils | Scoop.it
European Works Councils Research's insight:

5 March 2013European Works Council Directive implemented in Luxembourg

European Works Council Directive 2009/38/EC implemented in Luxembourg: rights of workers to information and consultation within transnational companies strenghtened. The law of 26 December 20121, applicable as of 3 January, 2013, transposed Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 concerning 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 2009/38/EC”) into Luxembourg law.

 

1« Loi du 26 décembre 2012 portant modification du Titre III du Livre IV du Code du travail »  published in Mémorial A n° 294 of December 31,2012.

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European Labour Law Network

European Labour Law Network
European Works Councils Research's insight:

Directive 2009/38/EC amending the rules on the European Works Council should have been implemented by 5 June 2011, but Luxemburg’s Government only deposited the correlative bill in November 2011.

The Parliament’s opinion is extremely brief and does not mention any specific issue or problem concerning the Directive’s implementation. The Directive was generally implemented by (more or less) literally copying the modified text of the Directive into the national Labour Code. Thus, the principle of “all the Directive, nothing but the Directive” (1:1) was once again applied by the Luxemburg legislator.

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UNI is a global union which brings together over 900 trade unions representing over 15 million members worldwide.,...
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European Works Council Agreement German

European Works Council Agreement German | European Works Councils | Scoop.it
Vereinbarung zur Errichtung eines Europäischen Betriebsrates in der FRAUENTHAL Holding AG Zwischen der FRAUENTHAL Holding AG, vertreten durch den Vorstand (nachfolgend zentrale Leitung genannt) und...
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