Friday, January 14, 2011

Transposition of the Directive on the establishment of a European Works Council

The Directive on the establishment of a European Works Council for the purposes of informing and consulting employees must be transposed into national law by June 2011. A expert group was established in order to help EU Member states to overcome difficulties that might appear during the transposition work. To prepare the transposition of Directive 2009/38/EC into national law by June 2011, the Commission set up an expert group with representatives of EU countries to exchange views on those aspects likely to present particular difficulties for the transposition, seek ways of avoiding contradictions between the various national systems and co-operate in the transposition work.

The Commission is very pleased with the achievements of the expert group, whose consensual approach over 2009 and 2010 allowed it to agree with the report deriving from the working documents and minutes of its meetings.

For companies, trade unions, employee representatives and all stakeholders involved in the transposition or application of the new legal framework for European Works Councils established by Directive 2009/38/EC, the report of the expert group will be a useful reference.

Where do the new rules for European Works Councils come from? What do the new definitions of employee "information" and "consultation" change? If case of transnational restructuring, are national representative bodies or the EWC to be consulted first? What training are employee representatives to be provided with? Who are the social partners to be informed about negotiations on the establishment of new EWC? How does the new Directive affect companies already having such a body? How should EWC be adapted in case of mergers? The report of the expert group on the implementation of Recast Directive 2009/38/EC on European Works Councils answers these and other questions.

Source European Commission - Employment, Social Affairs & Inclusion DG

More information European Commission - Employment, Social Affairs & Inclusion DG

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