Péone Pecking

Training and the SE Directive

The SE directive (2001/86/EC) makes specific reference to the right to training for members of the “representative body” – the EWC equivalent for SE companies – stating that “In so far as this is necessary for the fulfilment of their tasks, the members of the representative body shall be entitled to time off for training without loss of wages”.

 However, this right in the directive is not universal. It is only applicable as part of the standard rules for information and consultation. In other words where either the parties (the Special Negotiating Body and the competent management) have agreed that the standard rules should apply, or where after six months (extendable to one year) of negotiations, no agreement on the form of information and consultation has been reached, but the companies involved still wish to continue with the registration of an SE . In other cases, access to training is as agreed between the parties in the overall agreement on information and consultation.

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