European Works Council: comparative study of three agreements in the transportation industry

Three transportation firms signed an EWC agreement in 2012 in order to adjust their structure to the new EWC Directive, 2009/38: UPS, British Airways and Kuehne + Nagel (K + N).  Two of them are under German law (road transport), and the third under British law.  We are providing these articles for our readers, highlighting a few comparisons on some issues raised by the new directive (transnational character, consultation modalities, informing national structures, and so on).  (Ref.  130546)
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Transnational nature. The UPS agreement limits the EWC’s competence to issues that, on top of affecting the entire group or at least two entities located in two different Member States, also have a serious and negative impact on employment, affecting either 5 percent of the workforce in a country or at least 50 employees in each country. In the event of economic layoffs, the national limits to launch the procedure before the EWC are those required to launch the mass layoff procedure. The K+N

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