This Directive establishes a general framework setting out minimum requirements for the right to information and consultation of employees in undertakings or establishments within the Community.
Definition of the terms “undertaking“, “establishment“, “employer“, “employee“, “employees' representatives“, “information“ and “consultation“.
According to the choice made by the Member States, this Directive shall apply to undertakings employing at least 50 employees in any one Member State, or establishments employing at least 20 employees in any one Member State.
The Member States shall determine the practical arrangements for exercising the right to information and consultation at the appropriate level. Information and consultation shall cover:
information on the recent and probable development of the undertaking's or the establishment's activities and economic situation;
information and consultation on the situation, structure and probable development of employment within the undertaking or establishment;
information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations.
Information shall be given in such fashion and with such content at such time, as are appropriate to enable, in particular, employees' representatives to conduct an adequate study and, where necessary, prepare for consultation.
Consultation shall take place:
while ensuring that the timing, content and method thereof are appropriate;
at the relevant level of management and representation depending on the subject under discussion;
on the basis of information supplied by the employer and of the opinion which the employees' representatives are entitled to formulate;
in such a way as to enable employees' representatives to meet the employer and obtain a response;
with a view to reaching an agreement on decisions within the scope of the employer's powers.
Member States may entrust management and labour at the appropriate level with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees.
Member States shall ensure that employees' representatives enjoy adequate protection when carrying out their functions, and guarantees to enable them to perform properly the duties which have been assigned to them.
Furthermore, Member States shall provide for appropriate measures in the event of non-compliance with this Directive by the employer or the employees' representatives.