European Works Councils
The European Work Councils Directive (94/45/EC)
provides a European legal procedure for the establishment of
European Works Councils (EWCs) - bodies for information and
consultation between employers and workers in international firms
operating in Europe with at least 1000 employees, with 150
employees in each of at least two Member States. About 10 million
workers across the EU have the right to information and
consultation on company decisions at European level through their
EWCs. GMB represents workers in over 130 European Works Councils
where we have over 170 seats.
GMB@Work in Europe for stronger and more
effective European Works Councils
The original European Works Councils Directive
was adopted in 1994 and came into force in the UK in January 2000.
Well functioning and effective EWCs provide employees with high
quality, useful and relevant information and genuine consultation
in a timely and meaningful manner. If used effectively, they are a
positive and valuable tool during company restructuring, and in the
process of a merger or take-over.
Unfortunately, the experience of many GMB EWC
representatives was that in too many cases, employers did not
respect the process in its true spirit - restricting and
minimising the provision of information and consultation and
failing to consult in a timely and effective manner. In many EWCs
management sought to control membership of the EWC, placing their
own candidates in this position.
As a result GMB, along with our European trade
union colleagues, campaigned for the directive to be revised to
improve its effectiveness and address some of its
weaknesses. In July 2008, following a long trade union
campaign and despite heavy lobbying against such action by the
European employers' federation, the European Commission
finally presented proposals to amend or "recast" the
directive. This was long overdue as the directive itself
required the European Commission, in consultation with the Member
States and the social partners, to review its operation with a view
to proposing any necessary amendments not later than 22 September
1999.
In August 2008, the European social partners -
namely the ETUC, BusinessEurope, UEAPME and CEEP - accepted the
Commission’s proposal as a basis for a recast of the 1994 EWC
Directive and produced a joint advice proposing a number
of amendments to this proposal. Negotiations between the
European Council (representing the member states' governments) and
the European Parliament followed and an agreement on the recast
directive was reached in December 2008.
The recast Directive (2009/38/EC)
was adopted on 6 May 2009. Member States have until 5 June
2011 to transpose its provisions into national law.
The amended Directive includes: stronger
definitions relating to the timing and manner of information and
consultation before decisions are made; clarity on the
transnational nature of decisions; the right for representatives to
have training; and a new recital stating that Member States must
ensure "effective, dissuasive and proportionate" sanctions against
employers in breach of the directive.
UK Implementation
In the UK, the recast EWC directive will be
implemented by the Transnational Information and Consultation
of Employees (Amendment) Regulations 2010 (SI 2010 No
1088). In our response to the UK Government consultation on the
implementation of the directive, GMB raised serious concerns that
the Regulations failed to meet the spirit and provisions of the
recast directive. Our European trade union federation colleagues
also supported GMB's view that the proposals were inadequate and
also responded to the consultation raising their concerns.
GMB response to BIS
document.
Trade union guidance
European Works Councils - a
trade union guide to Directive 2009/38/EC
The ETUC has developed a guide to help trade unionists to play
an active role in the implementation process and make the most of
the new provisions in the directive. A trade union
guide to Directive 2009/38/EC.
Recommendations on negotiating
during the transition period (5 June 2009 - 5 June
2011)
The European Trade Union Federations have jointly produced
common recommendations
on negotiating new EWC agreements during the transition period for
the recast directive from June 2009 to June 2011. The
recommendations are not intended to replace any existing guidelines
or checklists, but rather provide guidance on how to anticipate
changes in the Directive, ensure that new and renegotiated
agreements benefit from all the improvements in the new Directive,
and support colleagues faced with management attempts to fast-track
negotiations or renegotiations to avoid the new obligations.
ETUC website on
European Works Councils
ETUC Campaign
"On the offensive for stronger European
Works Councils":
For more information contact: GMB European Office: gmb-brussels@gmbbrussels.be