European works councils after directive 2009/38/EC

Abstract

In 1994, the European Union established a transnational body for representing employees in Community-scale undertakings: the European works council. The body has proven a positive influence in particular on the decision-making process. Nevertheless, deficits like the lack of a for the term "information" remained.

Recast Directive 2009/38/EC has the aim of creating more effective European works councils. It is a step towards more clarity including precise definitions for the terms "information" and "consultation". For the first time the Directive addresses the question of coordination between the European works councils and national works councils. In addition, the recast Directive gives inter alia detailed specifications regarding the establishment of European works councils and strengthens the rights of employee representatives.