A new framework for European Works Councils Evelyne

A new framework for European Works Councils Evelyne Pichot European Commission Berlin, October 2010 Labour Law European Commission

A new legal framework for EWCs Directive 2009/38/EC adopted in 2009 Recasts existing directives • The Directive of 1994: 94/45/EC • The UK extension Directive : 97/74/EC • The technical adaptation to last enlargement: 2006/109/EC Has to be implemented by Member states before 6 June 2011 Labour Law European Commission

Objectives • More effective transnational information and consultation • More European works councils • Link between levels of information and consultation • Legal certainty • Coherence in Community law • Continuity … and a special role for social partners Labour Law European Commission

New rules …in establishing new EWCs • Responsibility of local management in information to give (Art. 4. 4) • SNB setting up (Art. 5. 2 b) • Information to European social partners (Art. 5. 2 c) • Role for trade unions where wished by SNB (Art. 5. 4) • Fall back rules with reinforced select comittee and consultation (Annex) Before that: • Window of 2 years to conclude new agreements or revise existing agremeents establishing EWCs: the new rules will not apply to those companies (Art 14) Labour Law European Commission

New rules… in the operation of EWCs • Principle of effectiveness and effective decision making (art. 1. 2, rec. 14) • Definition of information and consultation (Art. 2. 1 f-g, rec. 21 -23) • Transnational competence (Art. 1. 3 -4, rec. 15 -16) • Link national/European (art. 12, rec. 37 -38) • Adaptation clauses and procedure in case changes in make-up (art. 13, rec. 40) • Collective representation, training and report-back of employee representatives (art. 10, rec. 33) Labour Law European Commission

No changes. . …in the legal framework, notably for … • The scope (tresholds, control) • The priority given to negotiation at company level • Companies with present « article 13 agreements » , except for the adaptation clause • Companies concluding or revising agreements in the 2 -year implementation period, except for the adaptation clause Objective: no change for well functioning EWCs, continuity Labour Law European Commission

Context EU legislation on employee information, consultation, participation • National level • • Framework Directive 2002/14/EC Collective redundancies Directive 98/59/EC Transfer of undertakings Directive 2001/23/EC Framework Health&Safety 89/391/EEC • Transnational level • European Works Councils Directive 2009/38/EC • Board-level participation in European companies (2001/86/EC), European cooperatives (2003/72/EC), crossborder mergers (2005/56/EC) • Charter of fundamental rights of the EU, Art. 27 "Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time (…)" Labour Law European Commission

What’s next • Implementation by 5 June 2011 • Two year window between 5 June 2009 and 5 June 2011 for new and revised agreements • Preparation of the new role for the social partners • Promotion of EWCs Labour Law European Commission

Links to the European Commission… Labour law http: //ec. europa. eu/labour_law/ Social dialogue http: //ec. europa. eu/socialdialogue European Social Dialogue and Labour Law European Commission