The effective management of EWCs

Managing confidentiality ?

Lessons from a seminar

Christophe Teissier

31st March 20161

2

What is at stake in a legal perspective?

A matter of definitions : secrecy and confidentiality, differences in national laws of transposition, right of management and duty of employee reps, impact of stock exchanges rules….

An issue : How to find a balance between the rights of management and the duty of EWC reps to inform the employees ?

31st March 2016 The effective management of EWCs

3

What is at stake ? Practical problems

Companies’ concerns vs. Employee reps feelings ?

Risks / problems on both sides of the industry :

Companies may define (too) extensively their right in the field

At the same time, employee reps may consider confidentiality as a game and not as a serious duty

31st March 2016 The effective management of EWCs

4

Conflicts about the management of confidentiality ?

In case of conflicts, both employers and EWC reps may appeal to legal tools which may vary from one member state to another.

When possible, the use of legal ways to solve conflicts is however tricky for both sides

For the EWC reps as such, the most significant sanction is the breach of mutual confidence that is necessary for the information/consultation process , with the risk that the information flow breaks down

As a result, do employers and EWC reps have a common interest in sharing common views about confidentiality requirements, in terms of definition as well as process ?

31st March 2016 The effective management of EWCs

5

Managing confidentiality in practice ?

Confidentiality is ruled by EWC agreements when they exist and also by day to day practices implemented by HR managers

Diversity of EWC agreements but some agreements try to regulate both the definition and process of confidentiality in more details

Diversity is also found regarding the day to day management of confidentiality (examples from our workshop….)

 

31st March 2016 The effective management of EWCs

Going further ?

Level 1 : Checking the need for secrecy and/ or confidentiality of information prior to any communication with the EWC ?

Level 2 : Limiting unilaterally the use of confidentiality to what is necessary in respect to company’ needs in the communication with the EWC ?

Level 3 : Negotiating the management of confidentiality with the EWC reps ?

 

6 31st March 2016 The effective management of EWCs

ALL COMMENTS WELCOME !!!!

THANKS A LOT !!!!!!

7 31st March 2016 The effective management of EWCs