DBERR consults on European works councils
The DBERR has started consultation on the European Commission’s proposals to recast the EC European Works Councils Directive (No.94/45). The Government has yet to form a detailed opinion but sets out factors on which the proposal will be considered as well as questioning respondents on the current effectiveness of European Works Councils (EWCs).
Under the Directive, employers with at least 1000 employees within the EU and at least 150 employees in each of at least two Member States must set up a EWC for the purposes of informing and consulting with employees. The proposed changes aim to increase the use of EWCs and address the lack of certainty currently found in some parts of the Directive. The proposed measures are:
- clarifying the concepts of information and consultation;
- defining the competencies of European Works Councils and linking the national and European levels of information and consultation;
- adapting the fall-back rules (the ‘default scheme’), which are used as benchmarks in defining negotiated and adapted rules at company level;
- providing training for employee representatives, introducing a duty for them to report back to the workers and recognising the role of trade unions;
- adapting European Works Councils in the event of significant change in the structure of companies because it has been found that in half of transnational restructuring cases they are not properly informed and consulted.
The Government suggests that any revisions to the current arrangements should encourage increased use of EWCs, although at the same time avoid delays to decision making processes, or increased costs to business. As well as seeking views on the current effectiveness of EWCs, the consultation also asks how the proposals will affect those already operating an EWC, and whether revision of the current arrangements are necessary.
The consultation document can be found at:
http://www.berr.gov.uk/files/file47617.pdf
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