The document summarizes the key points of an agreement signed on September 24, 2013 establishing the European Works Council (EWC) for Sapa. It outlines the composition of 30 regular representatives and 12 interim extra representatives from countries with Sapa operations. It also describes the roles and responsibilities of the EWC, including representing employees, receiving information from management on transnational issues, and being consulted in exceptional circumstances affecting multiple countries like restructuring. The agreement is valid for three years and aims to facilitate cooperation between management and employee representatives across Sapa's European entities.

1. Sapa EWC meeting September 23, 2013
Sitges, Catalonia Spain
Jørgen Kaurin, advisor at Fellesforbundet

2. Jørgen Kaurin, Fellesforbundet
Norway - EWC coordinator
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3. SAPAs EWC agreement
- Signed September 24, 2013
- EU directive +++
- Interim Extra
- 2013-2016
- WC represents in negotiations.
- Needs 50+ %
- OK, no need to change
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4. Interim Extra:
- 12 extra delegates
- Two (2) meetings in 2014
- 2015: Agree on extra meeting. Agreed:
- 2 meetings in 2015, one with the 12 extra
- 30 delegates OK, but work for two meetings
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5. Election/nomination of
representatives
- Election in the company???
- Representatives + deputy
- According to national legislation!
- Check with your trade union!
- Continuity!
5

6. The agreement on election:
• Election in accordance with national laws
and practises
• Election period three years - but overrun by
national laws.
• Must be employed
• Represents all colleagues in his/hers country
• Protection – WC to be informed in advance
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7. Annex 2: Composition
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Country Reps Interim Xtra
Austria 1
Belgium 2 1
Denmark 2
France 2 2
Germany 2 2
Hungary 2
Italy 2 2
Norway 1
Poland 2 1
Portugal 1 1
Romania 1
Slovakia 1
Spain 2 1
Sweden 2
UK 2 2
Netherlands 1
Sum 26 12
Board 2
Observers 2
Total 30

8. 8

9. What is an EWC
- To ensure european workers right to
information and consultation
- Based on EU directive, first from 1994,
recast in 2009, as Directive 2009/38/EC
- Agreement between a company and its
European workers
- 1000+ EWCs at present
- Subsidiary requirements (minimum rules)
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10. Agreement recommended:
- Higher number of delegates (30+12 instead
of 15) and number of meetings.
- Intention from management+tradition in
companies. ”Nordic” agreement
- Clear role for WC
- Link board members and EWC
- Protection of members
- Exceptional circumstances procedures
- Operative from Day one (OK, day 21) 10

11. Sidestep: Board representation
• Separate and independent from EWC!
• One-pillar system: Active board.
• Norwegian company law: Board level
representation at group level, in Sapa’s case 2
members + 1 observer.
• Opens for not only Norwegian employees, but
here limited due to language etc.
• Offered 2+2: Sapa and Hydro 1+1, and
No&Se 1+1. Decided by Norwegian Industrial
11 Board in June.

12. 0: Legal basis and Purpose
• Directive 2009/38 as incorporated in
Norwegian law
• Facilitate and encourage a good dialogue
and cooperation between the management
and the employee representatives on
transnational issues in Europe;
• Encourage an open, two-way dialogue.
• etc
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13. 1: Scope
• Sapa Groups European companies as in
list in attachment 1
• Controlled by Sapa
• Management attendance
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14. 2: Composition
• In attachment (instead of automatic rule,
gives some leeway)
• Principle >100 = 1, >500=2
• Max number 30
• In interim period 2014&2015 12 extra,
ensuring companies with both ex-Hydro and
ex-Sapa are represented
• Presently 26+12 – plus Board reps.
• Attachment 2 + 3
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15. 2 Composition (II)
• Deputy - make sure you are represented!
• Board members and observers are allowed to
attend, but not to vote.
• The EWC elects its chair
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16. 3: Rules for EWC delegates:
• Election in accordance with national laws
and practises
• Election period three years - but overrun by
national laws.
• Must be employed
• Represents all colleagues in his/hers country
• Protection – WC to be informed in advance
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17. 4: Working Committee
• 3 EWC member plus 2 Board members = 5
• Elects its chair
• …ensure the flow of information and other
tasks mandated to it
• Up to three years, as long as EWC-rep or
Board rep
• Two meetings per year, more with written
consent of management
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18. 4.4: Working Committee (II)
• The working language of Sapa AS is
English. All members of the Working
Committee shall as a main rule be able to
work in English.
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19. 5 Tasks of the EWC
matters of general importance relating
to European transnational challenges
at corporate level
• working environment – health, safety and
environmental issues
• the structure of the Group
• the economic and financial situation
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20. 5 Tasks of the EWC (II)
• expected developments in regard to activities,
production and sales, the employment situation and
the probable trends
• investments
• significant changes in the organisation of the group
at corporate
• introduction of new working methods or production
processes
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21. 5 Tasks for the EWC (III)
• plans for transferring production, mergers, de-mergers,
cut-back, complete or partial plant closures
• large-scale redundancies
• Training of employees…
• This list is not exhaustive, and may be extended
• Matters which do not have a significant
transnational nature shall not be dealt with in the
EWC or at meetings.
• Not questions relating to salaries, compensation or
benefits.
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22. 5.4 Exceptional circumstances
Tasks of the EWC and WC in exceptional
circumstances:
- when
- who
- how
?
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23. 5.4 Exceptional circumstances text:
In exceptional transnational circumstances that will materially
affect the interests of the employees, particularly relocation or
closure of establishments or collective redundancies, for the
purpose of information and consultation process as defined in
article 2 of the EU Directive 2009/38/EC, an unanimous Working
Committee may ask for a meeting with the Central Management
or, with its consent, other appropriate management level that has
independent authority to decide the matter. If conducted, such
meeting shall be held in accordance with the Norwegian
implementation of the EU Directive 2009/38/EC, including the
regulations § 6, no 2. In the process, care should be taken to both
at fulfilling obligations at national level, and at European level to
inform and consult with the EWC through its Working
Committee.
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24. 5.4: When:
Circumstances that will materially affect
(relocation, closures, collective redundancies
Information and consultation as in art 2 of EU
Directive 2009/38 = Early, before decision!
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25. 5.4: Who
• The working committee to meet with
management
• including EWC reps from affected
country/ies Cf N regulation § 6 no 2:
“…the members of the EWC who represent the
establishments directly affected by the
planned measures may also be present”
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26. 5.4 How (I): Information
…transmission of data by the employer to the
employees’ representatives in order to enable them
to acquaint themselves with the subject matter and
to examine it: Information shall be given at such
time, in such fashion and with such content as are
appropriate to enable employees’ representatives to
undertake an in-depth assessment of the possible
impact, and where appropriate, prepare
consultations with the competent organ …
2009/38 art 2 f)
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27. 5.4 How (II) - Consultation
...means the establishment of dialogue and exchange
of views between employees’ representatives and
central management or any more appropriate level of
management, at such time, in such fashion and with
such content as enables employees’ representatives
to express an opinion on the basis of the information
provided about the proposed measures to which the
consultation is related, without prejudice to the
responsibilities of the management, and within a
reasonable time, which may be taken into account
within Community-scale undertaking or Community-scale
group of undertakings. 27

28. 5.4 How (III): Norwegian regulation § 6,
no 2, last part:
Such a meeting must be held as quickly as possible
on the basis of a report from the management. At
the end of the meeting or as quickly as possible
thereafter, the EWC/working committee is entitled
to submit a statement regarding the report. The
statement shall be placed with the case documents
for further discussion unless there are specific
reasons for which this is not possible.
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29. 6 The EWC working method (I)
• One per year - but two in 2014 and possibly
2015 - and thereafter??
• Day 1, first half: Separate EWCreps only
• Day 1, second half: Meeting EWC with
management
• Day 2: Open: Further meetings with
management, in separate Business Area
Break-out sessions, EWC alone debrief etc.
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30. 6 The EWC working method (II)
• Interpretation
• Agenda in English distributed 1-2 weeks
before meeting
• WC+Management to develop agenda
• Management to invite
• Meeting between EWC&mngmt to be led by
employee OR management
• Management is secretary.
• WC chair to comment on minutes before
distribution 30

31. 6 The EWC working method (III)
Resources:
• Each EWC member has the duty to report
back at national level, and must be provided
with the necessary time and resources to do
so.
• The EWC members are entitled to necessary
training
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32. 8 Confidentiality
• Non-disclosure agreement, in annex 4
• To be signed
• It shall be explained why and for how long
the information is confidential
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33. 9 Term, renegotiation
• Valid 3 years from signing
• 3 months notice for renegotiation or
termination
• If not, automatically renewed
• WC represents during renegotiations
• A majority of EWC members must sign to
make new agreement valid
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34. 10: Language, legal venue
• Legal venue is Norway.
• Norwegian Industrial Democracy Board.
• Existing national arrangements for
information/consultation prevails
• All are to sign. Immediately valid - elect
accordning to it.
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35. Attachments:
1: Countries and companies.
2: Compostion of the EWC
3: Extra representatives and meetings in an
interim period
4: Non-disclosure agreement
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36. 36