by: Roger Blanpain
USD price: $161.00
Involvement of employees in the social dialogue has always been an ongoing and
vigorous concern of the European Union. Over the years since the European
Works Councils (EWCs) were established in 1994, expectations regarding their
role have grown, particularly in anticipating and managing change as corporate
activities have become increasingly internationalized. Finally, after fifteen
years of ongoing debate, Directive 2009/28/EC, establishing a new legal
framework for EWCs, took effect in June 2009, with Member States obligated to
implement the new rules at national level by June 2011. The 2009 Directive is
intended to ensure that employees’ transnational information and consultation
rights are effective, to increase the number of European Works Councils
established, to strengthen the legal certainty of negotiated outcomes
involving EWCs, and to ensure that the directives on information and
consultation of employees are better linked.
This essential guide is the first publication to annotate and analyze the new
Directive. It describes the many changes from the previous Council Directive
94/45/EC, and expertly traces the legislative history through all the
intervening preparatory documents. It examines the most important provisions
in depth, shedding clear light on such issues as the following:
– the new definitions of ‘information’ and ‘consultation’;
– the nature of the stronger links between national and transnational levels
of employee information and consultation;
– employers’ obligation to pass on information to local representatives of
– training of EWC members;
– the composition of the Special Negotiating Body (SNB);
– the presence of experts, including trade union representatives, in
– employee representatives’ right to collectively represent the employees;
– the role of EWCs and workers’ representatives in the EU’s merger control
– fall-back rules that improve EWCs’ consultation in case of restructuring;
– provisions ensuring that EWCs are informed and consulted without calling
into question the company’s capacity to adapt.
The author’s insightful perspectives – e.g., on how the courts are likely to
interpret such phrases as “rights arising from the directive” in specific
contexts – add greatly to the practical value of the analysis.
Annexes include virtually all relevant primary documents, encompassing
pronouncements of the Commission, the Parliament, the social partners, and the
European Economic and Social Committee.
Beyond a doubt, this timely bulletin is essential reading for representatives
of multinational enterprises operating in the EU, labour law and industrial
relations scholars, representatives of trade unions and employers’
associations, human resources professionals, lawyers negotiating EWC
agreements, and concerned policymakers and government officials.
1. General Remarks.
2. Objective and Scope.
3. Definitions and Notions.
4. Establishment of an EWC or a Procedure.
5. Prejudicial and Confidential Information: Ideological Guidance.
6. Role and Protection of Employees’ Representatives.
7. Compliance with the Directive –Links – Adaptation.
8. Subsidiary Requirements: A Mandatory EWC.
9. Agreements in Force.
10. Report of the Directive by the Commission.
11. Transposition – Repeal – Entry into Force.
Annexes: I. Legislation. II. Social Partners. III. European Economic and
Social Committee. IV. European Commission. V. European Parliament.