Informing and consulting employees — European Works Councils

SUMMARY OF:

Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to ensure information* and consultation* rights on transnational issues for staff in Community-scale companies* (with at least 1,000 employees) or groups of companies*. It achieves this by establishing a European works council or other appropriate procedures.

KEY POINTS

Through European works councils, workers are informed and consulted at transnational level by management on the progress of the business and any significant decisions that could affect them.
Central management is responsible for providing the information allowing negotiations to set up a European works council or information and consultation procedures.
The detailed arrangements are worked out between the central management and employee representatives sitting on a special negotiating body.
Employee representatives, or any experts who advise them, may not reveal information expressly provided to them in confidence.
Members of the European works council must have the means to apply the rights the legislation gives. This includes training of employee representatives without any loss of wages.
Initially, EU countries could exclude merchant navy crews from the legislation. However, they were included in an amendment adopted in October 2015 (Directive (EU) 2015/1794).

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 5 June 2009. It had to become law in the EU countries by 5 June 2011.

BACKGROUND

In 2016, the Commission services evaluated the impact(s) of the implementation of Directive 2009/38/EC, and in particular those resulting from the changes made to Directive 94/45/EC (the original legislation on European Works Councils which Directive 2009/38/EC replaced).

For more information, see:

Employee Involvement — European Works Councils (European Commission).

KEY TERMS

Information: transmission of data by the employer to employee representatives to enable them to understand an issue and assess its impact.

Consultation: dialogue between central management and employers' representatives to allow the latter to express an opinion.

Community-scale company: one with at least 1,000 employees in more than one EU country and 150 staff in a minimum of 2 of them.

Community-scale group of companies: a group with at least 1 000 employees overall, 2 companies in different EU countries and a 150 staff in a minimum of 2 of them.

MAIN DOCUMENT

Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, pp. 28-44)

Successive amendments and corrections to Directive 2009/38/EC have been incorporated in the basic text. This consolidated version is for reference purposes only.