In order to make sure the SNB and the EWC established without an agreement are representative, the recast directive provides for one additional representative per group of workers employed in one Member State, accounting for 10% of the number of people employed in all the member states, or a proportion called “portion” (unlike what was stated in Directive 94/45, “in proportion to the workers,” following the limits of proportionality defined by the Member States). Decree No. 2011-1414 of October 31, 2011 thus amends article R. 2344-1 of the Labor Code and now provides that the number of seats allocated to the Special Negotiating Body and to the European Works Council established without an agreement follows the following rules for each Member State:
ned by the Member States). Decree No. 2011-1414 of October 31, 2011 thus amends article R. 2344-1 of the Labor Code and now provides that the number of seats allocated to the Special Negotiating Body and to the European Works Council established without an agreement follows the following rules for each Member State:
1) up to 10% of the total workforce: 1 seat;
2) between more than 10% and 20% of the total workforce: 2 seats;
3) between more than 20% and 30% of the total workforce
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