Agreement details
Agreement concerning the formation and operation of the MSD European Works Council
Type: renegotiated (renewal or extension)
Date of signature: 29/04/2010
Body: MSD European Employee Council
Created in: 1996
Reason: installation from scratch
Ended in:
Reason:
Headquartered in: United States
Sector(s) of activity: Ch;
Downloads available: English, full text version ; English, original signed version ;
Analysis completed
Constitutional/legal issues
| applicable law | Ireland | duration | 3 years |
| renewal/renegotiation | |||
| renegotiation clause | yes | ||
| termination clause | yes | ||
| composition/geographical scope | |||
| composition | joint | ||
| geograph. scope | EU + EFTA (EU+CH+IS+LI+NO) | ||
| confidentiality | |||
| confidentiality clause | yes | ||
| scope defined | yes | ||
| bound by conf. | all participants | ||
| sanctions for breach | yes | ||
| seats/mandate | |||
| adaptation clause | yes | ||
| seat allocation | workforce size related only | ||
| seat treshold | no | ||
| selection of reps | nominated by employee representation bodies | ||
| mandate duration | 3 years | ||
| mandate renewable | no | ||
| protection of reps | national standard | ||
Information and consultation
| terms defined in the agreement |
| consultation |
| 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 |
| 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 |
| Collective redundancies |
| Human resource management practices |
| Other specified issues not mentioned above |
Plenary meetings
| frequency of meetings | twice | preparatory meeting foreseen | no | without management | yes |
| duration in days | 2 | ||||
| chairing of meeting(s) | management | ||||
| agenda setting | both | ||||
| minutes writing | management | ||||
| minutes approving | management | ||||
| interpretation | main company language + specific languages at request of EWC | ||||
| translation | all relevant languages | ||||
| must working documents be made available before the meeting ? | no | ||||
| feedback/dissemination by | both | ||||
| feedback/dissemination to | management | ||||
Select committee and extraordinary committee
| presence of Select Committee foreseen | yes |
| composition | joint |
| total members | 6 |
| frequency of meeting without management | when needed/on request |
| frequency of meeting with management | |
| initiative for calling extraordinary meetings | |
| format of extraordinary meetings | |
| plenary meeting | |
| responsibilities | |
| Communication/liaison/coordination | |
Support available to the EWC
| type of expert | independent expert |
| selection | joint |
| agreement specifies which expenses are paid for | yes |
| agreement allocates a budget | no |
| expenses paid for | |
| Paid time-off to attend | |
| Accommodation/travel | |
| Preparatory meeting | |
| More than one expert | |
| General statement on coverage of costs | |
| Training | |
| training | |
| language training | |
| industrial relations systems | |
| other | |
| legal matters | |
| advanced communication systems foreseen | no |
Exceptional provisions
| Good cooperation with management | Article 1 |
| management's right to withhold information | Article 2.5 + Article 14.3 |
| New Member States: inclusion of reps | Article 6.1: Automatic inclusion |
| confidentiality+ | Article 14.1: Stipulating the level of confidentiality and the eriod of time |
| Adaptation clause (art. 13 recast) | Article 15.5: Definition of "significant change of structure", this agreement prevails over other agreements, possible incorporation of new EWC members, possible discussion with the SC |
| conflict resolution+ | Article 16.2: Arbitration |
| Mandate execution | Annex 2: List of representative competencies |
| Eligibility for EWC | Annex 2: English speaking and written knowledge strongly preferred (not required but only lilited translation facilities will be available) |
| principle of subsidiarity+ | FAQ: Section 1 |
| joint venture- | Article 3.2: "This agreement will not cover any entity which is owned, directly or indirectly, 50 per cent or less by the company" |
| Adaptation clause: merger of EWCs (Recast) | Article 15.5: Extensive clauses |
| continuity in case of merger+ | Article 15.5: Extensive clauses |
| informing employees+ | Article 9.8: Possibility of video to inform emps |
| continuity in case of company split+ | Article 15.5.1: If a business unit or undertaking is divested by the company, it will be excluded from the scope of this agreement |
Documents linked to this agreement
| MSD European Employee Council renegotiated (renewal or extension) | 29/04/2010 |
Related news
| None available. |
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