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EWC Training rights across Europe

EWC Training provision in national legislation transposing the recast EWC directive (2009/38/EC)

Directive

Preamble (33) In order to perform their representative role fully and to ensure that the European Works Council is useful, employees’ representatives … must be able to receive the training they require.

Article 10 …

4. In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.

Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 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 (Recast)

Austria

49. The text of the former § 205 shall now be numbered as paragraph ‘(1)’; the following paragraph 2 shall be added:

‘(2) Without prejudice to § 118, each Austrian member of the special negotiating body and of the European Works Council shall be entitled to leave from their employment to attend the training and educational events necessary to enable them to carry out their duties of representation on the international stage whilst continuing to be paid.’

 

§ 118 subpara. (1) states that all works council members have the right to up to three weeks’ paid time off for training during their period of office (unpaid in workplaces with fewer than 20 employees).

Federal Law No 101 amending the Labour Constitution Act, the Post Office Employee

Representation Act and the Agricultural Labour Act 1984

 

Belgium

Section V – Training

Article 49

In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.

Collective agreement on the information and consultation of employees in community-scale undertakings and community-scale groups of undertakings

Collective agreement No 101

Meeting of Tuesday 21 December 2010

Bulgaria

Section 4. Article 7 is amended as follows: …

2. The following paragraph 3 is inserted:

‘(3) Where necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body shall be provided with training. The cost of the training may not be deducted from their wages.’

Section 8. Article 11 is amended as follows: …

2. The following paragraph 9 is inserted:

‘(9) Where necessary for the exercise of their representative duties in an international environment, the members of the European works council or standing committee shall be provided with training. The cost of the training may not be deducted from their wages.’

Act amending the Act on informing and consulting employees in multinational undertakings, groups of undertakings and European companies

15 March 2011

Croatia

Protection of employees' representatives in the Republic of Croatia

Article 190

The provisions of Article 155 and Article 156 of this Act with regard to rights and protection shall apply, mutatis mutandis, to members of the European Works Council referred to in Article 180 and Article 182 who are employed in the Republic of Croatia.

Article 155 states in paragraph 6 that “The employer must permit members of the works council to undergo training necessary for work in the council.”

Labour Act

Cyprus

18. 4) In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.

Law of 2011 providing for the establishment of a European works council for the purpose of safeguarding employees’ rights to information and consultation in community-scale undertakings and community-scale groups of undertakings

No 106(Ι) of 2011

Czech Republic

18. In Section 288(2) the word "activity" shall be followed by the words "essential training". [In fact activity is in 288(1) not 288(2).]

It now reads as follows:

“An EU-scale undertaking shall … and cover the costs of organising meetings, interpreting, travel and accommodation of members (of the special negotiating body or the European Works Council) relating to their proper activity, essential training and expenses per one expert, unless the settlement of other costs (expenses) is agreed with the central management.”

185 Act of 8 June 2011

Amending Act No 262/2006, the Labour Code, as subsequently amended

Denmark

29. In § 28 subpara. (2) the following shall be added after No 1:

"In this connection, the members [of the European works council and select committee] shall be provided with training without loss of wages in so far as this is necessary for the exercise of their representative duties in an international environment."

Act amending the European Works Councils Act (Lov om ændring af lov om europæiske samarbejdsudvalg)

Act No 281 of 6 April 2011

Estonia

Section 401. Right of members of the special negotiating body and of the European Works Council to training in so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training. They shall keep their average wage for the time they are attending training.

16.06.2011 RT I, 04.07.2011, 1 14.07.2011

Finland

Section 40. The members of the employees’ special negotiating body and of the European Works Council shall be provided with the necessary training to enable them to perform their duties as representatives in an international context.

The representatives of the employees covered by this Act shall be entitled to release from their work tasks to enable them to perform their duties and undergo training. The employer shall pay compensation to them for any loss of income as a result thereof. Any other instances of release from work and compensation for loss of income shall be agreed in each individual case between the employees’ representatives  concerned and the employer.

620/2011

Act amending the Act on cooperation in Finnish groups of undertakings and Community-scale groups of undertakings

10 June 2011

France

5. After Article L. 2342-10, Articles L. 2342-10-1 and L. 2342-10-2 shall be added which shall read as follows: …

"Article L. 2342-10-2.- The members of the European Works Council set up by agreement shall, without any loss of salary, be given the training they require in order to perform their duties as provided for in the agreement."

After Article L. 2344-8 of the Labour Code, Article L. 2344-9 shall be added which shall read as follows:

"Article L. 2344-9. – The members of the special negotiating body and of the European Works Council created in the absence of an agreement shall, without any loss of salary, be given the training they require in order to perform their duties."

Ordinance No 2011-1328 of 20 October 2011 transposing Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 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

Germany

§ 38 Training

(1) The European Works Council may designate members to take part in training and educational events where such events impart knowledge required for the work of the European Works Council.

The European Works Council shall notify the central management in good time of participation and date. When the date of the event is being set, operational needs shall be taken into account. The European Works Council may transfer its tasks under this paragraph to the Committee referred to in § 26.

(2) The first, second and third sentences of paragraph (1) shall apply mutatis mutandis to the special negotiating body and its members.

[The Committee referred to in § 26 is the steering committee.]

Second Act amending the Act on European Works Councils

transposing Directive 2009/38/EC on a European Works Council

(2. EBRG-ÄndG)∗)

14 June 2011

Greece

Article 64

4. Representatives as in the preceding paragraph [members of the SNB, EWC members and other information and consultation representatives] shall take paid leave from the business for the time they spend in meetings or conferences related to this law and organised by a recognised body doing work or tertiary trade union organisation in the country. Employees must, if necessary, provide the employer with proof of attendance at meetings and conferences to qualify for the relevant paid leave.

5. For the purpose of informing employees EWC members shall be granted leave of up to two (2) hours per week, which may not exceed fifteen (15) days in total per year.

6. To the extent necessary for the exercise of their representative duties at international level, paid training shall be provided to members of the SNB and the EWC.

LAW NO. 4052

Later Coding Law 4150/2013 on 29.04.2013

Chapter XII

Rights of workers to information and consultation in community  scale business enterprises and groups in compliance with the directive 2009/38/EC

Hungary

Article 68

Act XXI of 2003 on the establishment of the European Works Council and on the establishment of the procedure for informing and consulting employees shall be supplemented by the following Articles 21/A to 21/C: …

“Article 21/B (1) In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be entitled to receive training. The minimum time allotted for the training may be set by the parties in an agreement.

(2) Training that aims at providing knowledge required for the fulfilment of needs relating to practical requirements of  the activity of the European Works Council, including

communication skills and foreign language skills, and for the understanding of the legal and labour background, international structure and strategy of the Community-scale undertaking or Community-scale group of undertakings shall in particular be considered training necessary for the exercise of representative duties in an international environment.

(3) Applications for training shall contain information on training needs, the content and other relevant data of training and the reasons which support the fact that it is necessary for the exercise of representative duties in an international environment.

(4) An application for training shall not be rejected if the training is reasonably necessary for the exercise of representative duties in an international environment by the members of the special negotiating body and of the European Works Council.

(5) Members of the special negotiating body and of the European Works Council shall be entitled to an absence fee for the time of the training.

Amendment of Act XXI of 2003 on the establishment of the European Works Council and on the establishment of the procedure for informing and consulting employees

Iceland

Not known

 

Ireland

Amendment of section 17 of Act of 1996

13. Section 17 of the Act of 1996 is amended— …

by inserting the following subsections after subsection (4): …

(6) In so far as it is necessary for the exercise of their representative duties in a transnational setting, the members of the Special Negotiating Body, the European Employees’ Forum or European Works Council, as the case may be, shall be provided with appropriate training by their employers without loss of wages. ”

European Communities (Transnational information and consultation of employees Act 1996) (amendment) Regulations 2011

S.I. No. 380 of 2011

Italy

Article 13

Insert paragraph 4 after paragraph 3:

"4. In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages. The content of the training, considering the agreements in place, is decided jointly by the central management and the select committee or, where no such committee exists, the European Works Council."

Joint declaration in favour of the implementation of Directive 2009/38/EC of 6 May 2009 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

of: CONFINDUSTRIA, ABI, ANIA and CONFCOMMERCIO – Imprese per l’Italia and CGIL, CISL, UIL

12 April 2011

Amendments to Legislative Decree 74/2002

Followed by Legislative Decree 113/2012 of 22 June 2012

Latvia

Section 6

(5) In order to ensure effective information and consultation, the central management shall, where necessary, provide employees' representatives with training in so far as this is necessary for the exercise of their representative duties in an international environment. The need for and content of training shall be determined by mutual agreement of the central management and the special negotiating body or the European Works Council.

Section 30

(3) If the representatives from Latvia referred to in Paragraph one of this Section take part in training that is

necessary for the exercise of duties in an international environment, they shall retain their wages during the

training period if they are employed by the hour, or their average earnings, if they receive an accord salary.

Law on informing and consulting employees of Community-scale undertakings and Community-scale groups of undertakings

19.05.2011 ("LV", 82 (4480), 27.05.2011.)

Liechtenstein

Not found

Gesetz betreffend die Abänderung des Gesetzes über Europäische Betriebsräte”, LR 822.12

Lithuania

Article 13. Protection of the rights and guarantees of employees' representatives

1. Members of the European Works Council or of the committee of the European Works Council, as well as members of the special negotiating committee who are on the staff of the establishment of the European Union-scale undertaking operating in the Republic of Lithuania or the undertaking of the European Union-scale group of undertakings having its registered office in the Republic of Lithuania shall be … provided with training opportunities where required by their representation duties, while retaining their job and average wage.

Law amending the law of the Republic of Lithuania on

European works councils

22 June 2011, no xi-1507

Luxembourg

20  Article L.433-2 is supplemented by subsection (6) as follows:

"(6) To the extent necessary for the exercise of their representative duties in an international environment, members of the special negotiating body and the European Works Council receive training without loss of pay in line with the provisions of Article L.415-10."

Article 415- 10 states that

Employers are required to provide paid time off for training (congé formation) to employee representatives allowing them to attend training organised by the unions or other specialised bodies. In smaller workplaces – 50 employees or below – this is one week over the five years period of office, paid for by the state; in workplaces with between 51 and 150 employees it is two weeks, with one week paid by the state and one by the employer; in workplaces with more than 150 employees it is one week per year, paid by the employer.

Time off for training may not be set against holiday entitlement; it is part of working time. It should be given to employee representatives within the framework of a list agreed between the employers and the most representative unions at national level.

Law of 26 December 2012 amending Title III of Book IV of the Labour Code

Malta

(5) In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the Special Negotiating Body and of the European Works Council shall be provided with training without loss of wages.

Employment and industrial relations Act (Cap. 452)

European Works Council (Further Provisions) Regulations,

2011

L.N. 217 of 2011

Netherlands

3. Insofar as is reasonably necessary for the exercise of their duties they[*] shall be afforded the possibility - during working hours and without loss of pay … of undergoing education and training.

* Defined as “employees working in the Netherlands who are members of a special negotiating body or of a European Works Council or act as representatives under alternative arrangements for informing and consulting employees.”

Act of 23 January 1997

for the implementation of Council Directive 94/45/EC of 22 September 1994 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

(European Works Councils Act)

Norway

§ 6 The EWC's practical work …

To the extent necessary to be able to carry out its tasks as representatives in an international environment, the members of the special negotiating body and EWC shall receive training without loss of salary.

Supplementary Agreement VIII

Agreement regarding European Works Councils or equivalent forms of cooperation

Poland

Article 1

9) In Article 15, the following paragraph 4 shall be inserted:

“4. In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body shall be provided with training, with the right to remuneration calculated in accordance with the rules concerning leave for the members of the management of a trade union organisation in the establishment.”.

20) In Article 34, paragraph 1 shall be replaced by the following:

“1. The operating expenses of the European Works Council, and in particular the costs of organising meetings, board and accommodation, travel expenses of members, costs of interpretation and necessary training with retention of the right to remuneration, shall be borne by the central management, unless the central management and European Works Council decide otherwise.”.

1265 Act of 31 August 2011 amending the Law on European Works Councils

Portugal

1— The central management shall: …

d) provide the members of the special negotiating body and the European Works Council with the training needed to perform their duties, without any loss of pay. …

4 — With regard to the European Works Council, the provisions of the above paragraph may be regulated differently by agreement with the central management, except with regard to the costs of one expert.

Law No 96/2009 of 3 September 2009

European Works Councils

Romania

27. A new article, i.e. Article 421, shall be introduced after Article 42 to read as follows:

“Article 421

In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.”

Law No 186 of 24 October 2011 amending and supplementing Law No 217/2005 on the establishment, organisation and functioning of the European Works Council

Slovakia

Section 250

Protection of members of a special negotiating body, members of a European Works Council and employees’ representatives implementing another procedure for informing and consulting employees

(2)Members of a special negotiating body and members of a European Works Council shall be provided with professional training and with replacement pay within the scope necessary for the performance of their role as an employees’ representative.

Section 240 “Conditions of activity of employees’ representatives and their protection” also applies to SNB and EWC members

48 Act of 8 February 2011,

amending Act No 311/2001, the Labour Code, as amended and amending certain other laws

Slovenia

Article 35

(Training)

In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall have access to training without loss of pay.

2352. European Works Councils Act (ZESD-1) 24 June 2011

Spain

Fourteen.

Paragraph 4 shall be inserted in Article 28 as follows:

'4. In so far as this is necessary for the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.'

Law 10/2011 of 19 May amending Law 10/1997 of 24 April on the right of employees in Community-scale undertakings and groups of undertakings to information and consultation

Sweden

Training

Section 57. The Community-scale undertaking or the controlling undertaking in a Community-scale group of undertakings shall provide the members of the employees’ special negotiating body and the European Works Council with any training required for them to carry out their tasks.

Act (2011:427) on European Works Councils

UK

Right to training for members of a European Works Council, etc

19B.—(1) Subject to paragraph (2), the central management shall provide an employee

who is—

(a) a member of a special negotiating body; or

(b) a member of a European Works Council,

with the means required to undertaking training to the extent necessary for the exercise of the employee’s representative duties.

(2) The obligation on central management referred to in paragraph (1) does not include an obligation to provide time off during working hours to undertaking training, or remuneration for such time off (as required by regulations 25 and 26).

Amendment of regulation 25

16. In regulation 25 (right to time off for members of a European Works Council, etc) after paragraph (1) insert—

“(1A) An employer shall permit an employee who is—

(a) a member of a special negotiating body; or

(b) a member of a European Works Council,

to take reasonable time off during the employee’s working hours in order to undertake the training referred to in regulation 19B.”

2010 No. 1088 Terms and conditions of employment

The Transnational Information and Consultation of Employees

(Amendment) Regulations 2010

20  Article L.433-2 is supplemented by subsection (6) as follows:

"(6) To the extent necessary for the exercise of their representative duties in an international environment, members of the special negotiating body and the European Works Council receive training without loss of pay in line with the provisions of Article L.415-10."

Article 415- 10 states that

Employers are required to provide paid time off for training (congé formation) to employee representatives allowing them to attend training organised by the unions or other specialised bodies. In smaller workplaces – 50 employees or below – this is one week over the five years period of office, paid for by the state; in workplaces with between 51 and 150 employees it is two weeks, with one week paid by the state and one by the employer; in workplaces with more than 150 employees it is one week per year, paid by the employer.

Time off for training may not be set against holiday entitlement; it is part of working time. It should be given to employee representatives within the framework of a list agreed between the employers and the most representative unions at national level.

L. Fulton (2013) Worker representation in Europe. Labour Research Department and ETUI. Produced with the assistance of the SEEurope Network, online publication available at http://www.worker-participation.eu/National-Industrial-Relations.