Agreement details
Company Agreement on the continuation of the European Works Council
Type: installation agreement
Date of signature: 28/06/2007
Body: Avaya European Works Council (EWCA)
Created in: 2007
Reason: installation from merger
Ended in:
Reason:
Headquartered in: United States
Sector(s) of activity: Si;
Downloads available: English, full text version ; English, original unsigned version ;
Linked to organisations:
Algemeen Belgisch Vakverbond/Fédération Générale du Travail de Belgique (ABVV/FGTB)
Analysis completed
Constitutional/legal issues
| applicable law | Germany | duration | 4 years |
| renewal/renegotiation | |||
| renegotiation clause | yes | ||
| termination clause | no | ||
| composition/geographical scope | |||
| composition | employee | ||
| geograph. scope | EEA (=EU+IS+LI+NO) | ||
| confidentiality | |||
| confidentiality clause | yes | ||
| scope defined | yes | ||
| bound by conf. | all participants | ||
| sanctions for breach | no | ||
| seats/mandate | |||
| adaptation clause | yes | ||
| seat allocation | workforce size related only | ||
| seat treshold | yes | ||
| selection of reps | nominated by employee representation bodies | ||
| mandate duration | 4 years | ||
| mandate renewable | no | ||
| protection of reps | uniform company standard | ||
Information and consultation
| terms defined in the agreement |
| transnational |
| exceptional circumstances, examples |
| role of the EWC |
| information and consultation |
| giving opinion/comments |
| competence(s) of the EWC |
| Economic and financial situation of the company |
| Corporate strategy and investment |
| Changes to working methods / organisation |
| Probable development of the business, production and sales |
| Closures or cutbacks |
| Mergers, take-overs or acquisitions |
| Reorganisation of production |
| Transfers/relocation |
| Employment situation and forecasts |
| Collective redundancies |
| Vocational training |
| Environmental protection |
Plenary meetings
| frequency of meetings | once | preparatory meeting foreseen | no | without management | yes |
| duration in days | 2 | ||||
| chairing of meeting(s) | |||||
| agenda setting | joint | ||||
| minutes writing | management | ||||
| minutes approving | joint | ||||
| interpretation | all relevant languages | ||||
| translation | all relevant languages | ||||
| must working documents be made available before the meeting ? | no | ||||
| feedback/dissemination by | employee | ||||
| feedback/dissemination to | management | ||||
Select committee and extraordinary committee
| presence of Select Committee foreseen | yes |
| composition | employee |
| total members | 3 |
| frequency of meeting without management | |
| frequency of meeting with management | |
| initiative for calling extraordinary meetings | |
| format of extraordinary meetings | |
| plenary meeting | |
| responsibilities | |
| Drawing up of minutes/communiqué | |
Support available to the EWC
| type of expert | independent expert |
| selection | employee |
| agreement specifies which expenses are paid for | yes |
| agreement allocates a budget | no |
| expenses paid for | |
| Paid time-off to attend | |
| Paid time-off for EWC duties EWC members (not specified) | |
| Accommodation/travel | |
| Debriefing/follow-up meeting | |
| More than one expert | |
| Secretarial and technical assistance | |
| General statement on coverage of costs | |
| training | |
| advanced communication systems foreseen | yes |
Exceptional provisions
| recount of employees+ | List of plants/countries updated yearly + necessary adaptations to EWC composisiton (art. 3) |
| selection / appointment of EWC members+ | EWC members may be only employees who are employee representatives (art. 3.2.). Management / executive staff or commercial power of attorney (Prokura) may nt be members of the eWC (art. 3.2) |
| Mandate execution | EWC members may be dismissed by thoese employee representatives who appointed them (art. 4.2) |
| information&consultation+ | I&C must be in good time as to allow EWC submit its opinion (Art. 5.2). Management informs the EWC quarterly by means of reports (financial statements) in respect to financial data, employee figures, planned chagnes (Art. 5.1.2) |
| priority of information+ | EWC and national level I&C bodies are to be informed at the same time (Art. 5.3) |
| translation / interpreters+ | Quarterly info of management for EWC must be translated (art. 5.1.2) |
| extraordinary circumstances | In extraordinary circumstances the management has the right to inform (without the need for EWC to request such info) the EWC; however, no obligatory consultation in such circumstances is required. Consultation takes place on the initative of EWC (art. 5.2). Consultation meeting must take place prior to commencement of measures by management. |
| EWC meetings as video/telephone-conference | Second EWC meeting with management (in addition to the regualra meeting) foreseen in form of a meeting-exchange conference with a simultaneous interpretation (art. 6.3) |
| trade union involvement in EWC | Select Committee reposnsibe for cooperation with all of the trade unions represented in plants (art. 7.4) |
| access to company premises+ | For EWC members and experts (Art. 7.4); may be refused if urgent security or process technology so warants |
| legal personality | EWC office/seat is where the plant where the Chairman is employed. |
| informing employees+ | Reports to employees are a duty (art. 7.6) |
| No discrimination / favouring clause | Art. 9.1 |
| confidentiality+ | Reasons for confidentialtity must be stated by management (art. 10). Does not apply towards other employee representatives bound by confidentiatliy or towards employee reps on supervisory board. |
| management's right to withhold information | Explicitly: there is no right of management to withhold information (Art. 10) |
| principle of subsidiarity | Art. 11 |
Documents linked to this agreement
| Avaya European Works Council (EWCA) installation agreement | 28/06/2007 |
Related news
| None available. |
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