Recast directive on European works councils: cosmetic surgery or substantial progress?

Abstract

Overdue by nine years, contested by employers and awaited by trade unions, a review of the European works council Directive 94/45/EC finally became reality in 2009. This article presents background information about the positions of the European social partners and other institutional EU actors in order to understand the outcome of the events of 2008-09. Focus is directed towards providing a general overview of the new elements in the recast directive on European works councils (EWCs). Keeping the different views on EWCs of the social partners in perspective, the article argues that the recast directive, despite its shortcomings, represents progress rather than superficial cosmetic surgery.

La participation des salariés dans la société européenne : vers une européanisation des relations professionnelles ?

“…Même s'il est difficile d'anticiper les résultats de cette révision, les perspectives globales d'un renforcement substantiel des droits d'information, de consultation et de participation des salariés sur la base du droit de l'UE restent limitées. Si l'on se base sur le précédent de la révision de la législation sur les comités d'entreprise européens, la refonte de ces comités a certes apporté des améliorations par rapport à la directive initiale, mais un certain nombre de demandes essentielles des syndicats n'ont pas été satisfaites (Jagodziński, 2009).…”

Variation in Approaches to European Works Councils in Multinational Companies

“…Lack of management transparency on these critical data had inhibited initiation of the formal trigger mechanism in some cases and had become the subject of European Court of Justice rulings (Whittall et al 2009). European-level trade union organizations have also, for the first time, been accorded a formal role in the negotiations required to establish an EWC (Jagodziński 2009). On the incidence of EWCs relative to MNCs covered by the directive, Waddington and Kerckhofs (2003) identified marked variation according to country of origin, sector, employment size, and degree of internationalization.…”

“…One strengthens I&C definitions with the aims of ensuring the provision of better quality information in good time and of providing representatives the opportunity to make a considered response to management proposals and to receive a reasoned reply. The other introduces a formal right to training in the competencies employee representatives require to undertake their role (Jagodziński 2009). What factors might shape variation in management practice toward EWCs?…”

“…The 1994 directive was strenuously contested by employers right up to the point of its adoption (Turner 1996). The subsequent process of revising the directive, which eventually led to its recasting in 2009, was fiercely contended between European trade unions and employers' organizations (Jagodziński 2009). The framing of the directive, which leaves the establishment of EWCs to be triggered by employee representatives, or by management itself, renders the process open to contestation and has resulted in legal challenges at national and EU levels (Whittall et al 2009).…”

Has the recast made a difference? An examination of the content of European Works Council agreements

“…An array of case study and survey evidence demonstrated that the intentions of policy-makers were not realized in the practices of EWCs (Lecher et al, 1999, 2001, 2002; Marginson et al, 2013; Waddington, 2011; Weiler, 2004). In an attempt to address these shortfalls, a ‘recast’ directive was adopted in 2009, with the stated objectives of promoting growth in the number of EWCs and improving their operation (Jagodziński, 2009). We examine the impact of the recast on the content of EWC founding agreements 1 and establish whether the documents on which EWC practice is based have been amended accordingly.…”