Activites

• 2009/05/16 Final act published in Official Journal
  • Directive 2009/38
  • OJ L 122 16.05.2009, p. 0028
• 2009/05/06 Final act signed
• 2009/05/06 End of procedure in Parliament
• #2937
• 2009/04/23 Council Meeting
• 2009/04/23 Act adopted by Council after Parliament's 1st reading
• #2916
• 2008/12/16 Council Meeting
• 2008/12/16 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0602/2008 summary

    The European Parliament adopted by 411 votes to 44, with 181 abstentions, a legislative resolution approving, with amendments, the proposal for a recast of the directive of the European Parliament and of the Council (as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission) 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.The report had been tabled for consideration in plenary by Philip BUSHILL‑MATTHEWS (EPP-ED, UK), on behalf of the Committee on Employment and Social Affairs.The main amendments – adopted in first reading under the codecision procedure – are the result of a compromise between Parliament and Council.Continuous functioning of existing agreements: the compromise supports maintaining existing agreements. In this context, the Directive must be modernised with a view to ensuring the effectiveness of employees’ transnational information and consultation rights, while enabling the continuous functioning of existing agreements. A series of additional provisions have therefore been introduced in order to confirm that the obligations arising from this Directive shall not apply to undertakings in which an agreement or agreements providing for the transnational information and consultation of employees have already been concluded or between the entry into force of this Directive and its transposition into Member States’ law (two years after). When the existing agreements expire, the parties to those agreements may decide jointly to renew or revise them. Where this is not the case, the provisions of this Directive shall apply. In any event, this Directive does not establish a general obligation to renegotiate agreements concluded pursuant to Directive 94/45/EC between 22 September 1996 and the date provided for the transposition of this Directive. Definitions: the concepts of information and consultation of employees have been clarified:“information” means transmission of data by the employer to the employees' representatives in order to enable them to acquaint themselves with the subject matter and to undertake an in-depth assessment of the possible impact and, where appropriate, prepare for consultations with the competent organ of the Community-scale undertaking or Community-scale group of undertakings, without slowing down the decision-making process in companies;“consultation” means the establishment of dialogue and exchange of views between employees' representatives and central management, at such time, in such fashion and with such content as enables employees' representatives to express an opinion on the basis of the information provided about the proposed measures to which the consultation is related, without prejudice to the responsibilities of the management, and within a reasonable time, which may be taken into account within the Community-scale undertaking.Transnational issues: given that, pursuant to the Directive, the competence of the European Works Council and the scope of the information and consultation procedure for employees shall be limited to transnational issues, the report specifies that matters shall be considered to be transnational where they concern the undertaking or group of undertakings as a whole or at least two Member States and if they include matters which, regardless of the number of Member States involved, are of importance for the European workforce in terms of the scope of their potential effects or which involve transfers of activities between Member States.Adaptation: it is provided that, where the structure of the Community-scale undertaking or Community-scale group of undertakings changes significantly (and either in the absence of provisions established by the agreements in force or in the event of conflicts between existing agreements), the central management shall initiate the negotiations referred to in the Directive on its own initiative or at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States.Negotiating with recognised trade union organisations: the report highlights the role of recognised trade union organisations. In order to enable them to monitor the establishment of new European Works Councils and promote best practice, trade union organisations, recognised as European social partners, shall be informed of the commencement of negotiations. These organisations shall be consulted by the Commission, under Article 138 of the Treaty, and the list of those organisations shall be published by the Commission.Taking national practice into account: the report also highlights that national practice should be taken into account in terms of employees’ information and consultation rights.Sanctions in the event of non compliance with the provisions of the Directive: a new recital states that, in line with the general principles of Community law, administrative or judicial procedures, as well as sanctions that are effective, dissuasive and proportionate in relation to the seriousness of the offence, should be applicable in cases of infringement of the obligations based on the Directive.

• 2008/12/15 Debate in Parliament
  • Debate in Parliament
• 2008/11/19 Committee report tabled for plenary, 1st reading/single reading
  • A6-0454/2008
• 2008/11/17 Vote in committee, 1st reading/single reading
• #2893
• 2008/10/02 Council Meeting
  • 2893
• 2008/07/10 Committee referral announced in Parliament, 1st reading/single reading
• 2008/07/02 Legislative proposal published
  • COM(2008)0419 summary

    PURPOSE: to establish 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).PROPOSED ACT: Directive of the European Parliament and of the Council.CONTENT: this proposal for recasting is intended to amend Council Directive 94/45/EC on the establishment of a European Works Council. Fourteen years on from the adoption of Directive 94/45/EC, approximately 820 European Works Councils are active, representing 14.5 million employees with a view to providing them with information and consultation at transnational level. They are vital to the development of transnational industrial relations and help to reconcile economic and social objectives within the Single Market, particularly through the decisive role they play in anticipating and managing change responsibly. However, there are some problems with the practical application of Directive 94/45/EC. The right to transnational information and consultation lacks effectiveness, as the European Works Council is not sufficiently informed and consulted in the case of restructuring. European Works Councils have been set up in only 36% of undertakings falling within the scope of the Directive. There are legal uncertainties, particularly with regard to the relationship between the national and transnational levels of consultation, and in cases of mergers and acquisitions. In three cases referred to it for preliminary ruling, the Court of Justice also interpreted the provisions of the Directive with regard to the communication of the information required to set up a European Works Council. Lastly, the consistency and linkage of the various directives on the information and consultation of employees are insufficient.The objective of this proposal is to ensure that employees’ transnational information and consultation rights are effective, increase the proportion of European Works Councils established, increase legal certainty and ensure that the directives on information and consultation of employees are better linked.The proposal for recasting comprises the following substantive changes to Directive 94/45/EC:- the introduction of general principles regarding the arrangements for transnational information and consultation of employees, the introduction of a definition of information, and making the definition of consultation more precise;- the limitation of the competence of European Works Councils to issues of a transnational nature and the introduction of a link, defined as a priority by agreement within the undertaking, between the national and transnational levels of information and consultation of employees;- clarification of the role of employees’ representatives and of the opportunity to benefit from training, as well as recognition of the role of trade union organisations in relation to employees’ representatives. The proposal introduces the obligation to inform the trade union and employers' organisations of the start of negotiations on setting up a European Works Council and explicitly mentions the trade union organisations among the experts on whom employees' representatives may call for assistance in the negotiations;- clarification of the responsibilities regarding the provision of information enabling the commencement of negotiations and rules on negotiating agreements to set up new European Works Councils. In order to resolve legal uncertainty and simplify the composition of the special negotiating body, it is modified to one representative per 10% portion of the employees in a Member State in which at least 50 employees are employed. The right of employees' representatives to meet without the employer being present is clarified.- adaptation of the subsidiary requirements applicable in the absence of an agreement to developing needs. The Annex draws a distinction between fields where information is required and those where consultation is required, and introduces the possibility of obtaining a response, and the reasons for that response, to any opinions expressed. With a view to anticipating such eventualities, the exceptional circumstances requiring information and opening the possibility of a select committee meeting are extended to include circumstances in which decisions are envisaged that are likely to affect the employees' interests to a considerable extent. In order to enable the select committee to perform this more important function, its maximum number of members is set at five and a provision is added stipulating that the conditions enabling it to exercise its activities on a regular basis must be met.- introduction of an adaptation clause applicable to agreements governing European Works Councils if the structure of the undertaking or group of undertakings changes and, unless the adaptation clause is applied, continuation of the agreements in force.

  • DG {'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}, ŠPIDLA Vladimír

Documents

• Legislative proposal published: COM(2008)0419
• Debate in Council: 2893
• Committee report tabled for plenary, 1st reading/single reading: A6-0454/2008
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0602/2008
• : Directive 2009/38
• : OJ L 122 16.05.2009, p. 0028

History

(these mark the time of scraping, not the official date of the change)