News

On 23 April the Council adopted a revised directive on European Works Councils (EWCs) following the Parliament’s first-reading agreement on the recast version during its plenary in December 2008.

The recast of the directive is aimed at increasing the presence and effectiveness of EWCs across the European Union and at tightening the definitions of information and consultation of workers.

Following the court judgements in the Vilvoorde, British Airways and Marks&Spencer cases, the Parliament clarified the definition of ‘transnational’. It decided that when a decision of closure or restructuring is taken in one Member State but affects the workers in another, it must be considered transnational. Matters that concern the entire undertaking or group or at least two Member States, are considered to be transnational. Member States must also ensure that in the event of a failure to comply with the EWC Directive sanctions are ‘adequate, proportionate and dissuasive’.

Of major importance to the trade unions was the decision that European social partners now have the right to be informed when a request for setting up an EWC is made.

Following the publication the Member States will have two years to implement the new rules at national level.



You find the publication here.