Glossary

Directives usually start by giving the definitions of the basic terms they use. It is interesting that different directives use different definitions for the same term. As a rule, definitions become much more elaborated with the time.

Specifically, following Directive 2002/14 "information" means 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.

On the other hand, following Directive 2009/38 "information" means 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 for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings.

Following Directive 2002/14 "consultation" means the exchange of views and establishment of dialogue between the employees' representatives and the employer.

In Directive 2009/38 "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 the Community-scale undertaking or Community-scale group of undertakings.

You may observe that the latter definition is more refined and includes prerequisites for considering a dialogue as a consultation (e.g. need for reasonable time).

The International Labour Organisation (ILO) defines collective bargaining as the “voluntary negotiation between employer or employers’ organisations and workers’ organisations, with a view to the regulations of terms and conditions of employment by mean of collective agreement”.

The main differences of information and consultation on one hand and collective bargaining on the other are:

• Collective bargaining has as sole aim the signature of a collective agreement, whereas information and consultation may deal with specific decisions of the management or examine the perspectives of the company.
• Collective bargaining may cover a company, a plant of the company, a sector or to be nationwide. Instead, information and consultation is always company based.
• Collective bargaining takes place periodically, in most cases once a year. Information and consultation may take place at any time.
• In collective bargaining employee representatives participating are always trade unions. In information and consultation other forms of employee representation (such as works councils) may participate as well.

Depending on the national legislation of the member- State, in information and consultation sessions employees are represented by company-based trade unions or works councils or representatives on purpose elected by the whole work-force of the company.

The notion of representation is reciprocal, this meaning that if you are an employee representative you have to keep employees you represent informed.

Employer has to be represented in the highest level possible (employer, general manager), because else employer representatives may play games, e.g. by conducting consultation and then saying “I am not authorized …” taking back whichever concessions up to that moment.

You should also be cautious that you are not outnumbered by management representatives, lawyers, etc. because if this happens it will be most difficult to counterbalance them and have a dialogue on an equal basis.

Directives that refer to information and consultation are valid independently and at the same time they are complementary to each other. If, for example there is a case of transfer of an undertaking, Directives 2001/23 and 2002/14 could apply.

In the case the transfer refers to a company with European dimension, Directive 2009/38 on European Works Councils (EWCs) may also apply independently.

Directive 2002/14 also previews that if national Law in a member State has a better or higher level of protection of employees’ rights, then national Law prevails. This is the case in countries with long tradition in information and consultation within the company as for example in Germany and in France.

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Personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data (source GDPR).

It refers to the analysis and redesign of workflow and business processes within and between companies with the goal to mimize errorsand expenses and improve performance.

Ability to apply knowledge and skills to achieve intended results (source ISO 45001).

Fulfilment of a requirement (source ISO 45001).

Any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her (source GDPR).

Seeking views before making a decision (source ISO 45001).

External organisation providing services to the company following agreed specifications, terms and conditions (based on ISO 45001).

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law (source GDPR).

Personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.

Integration and use of digital technlogies in order to change the business model and generate new sources of revenue and value-producing opportunities.

Information to be controlled and maintained by the company and the medium on which it is maintained (based on ISO 45001).

Extent to which activities are realised and to which planned results are achieved (based on ISO 45001).

Personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question (source GDPR).

Source with a potential to cause injury and ill health (source ISO 45001).

It refers to the application of modern systems of automation and data exchange in industrial production, in which decision making and production control in a factory take place in a decentralized way, through the internet (through the “cloud”).

Adverse effect on the physical, mental or cognitive condition of a person (source ISO 45001).

It refers to special signaling of subjects discussed in information and consultation between employee representatives and the company management as far as who may have access of this information. E.g. for a multinational company a piece of information may be addressed to the Select EWC, or the whole EWC, or to include also national employee repesentatives or be accessible to all company employees.

It has to provide a framework for managing OH & S risks and opportunities or in other words to prevent work-related injury and ill health to workers and ensure them a safe and healthy environment.

Circumstances that can lead to imrovement of occupational health and safety performance (source ISO 45001).

Combination of the likelihood of occurance of a work-related hazardous event and the severity of injury and ill health caused by this event or exposure to it (based on ISO 45001).

Making an arrangement where an external organisation performs part of a company's function or processes (based on ISO 45001).

Measurable result (source ISO 45001).

Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person (source GDPR).

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed (source GDPR).

Operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (source GDPR).

A natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (source GDPR).

Any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements (source GDPR).

The processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject (based on GDPR).

The number of workers/employees that a company does not need anymore to operate well, because their qualifications do not correspond anymore to the requirements of the actual business and technology/work organisation it uses.

The number of workers/employees that are over the number the company needs to operate well, taking into consideration its actual level of business and technology/work organisation it uses.

A natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing (source GDPR).

Marking of stored personal data with the aim of limiting their processing in the future (source GDPR).

Effect of uncertainty (source ISO 45001).

Embedded system on board of a vehicle that controls tracking of the vehicle.

Person or group of persons who directs and controls an oganisation at the highest level (source ISO 45001).

Place under the control of the company where a person has to be or to go for work purposes (source ISO 45001).