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Directive 2009/38/EC - European Works Council

of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees

Objectives

The purpose of this Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.

Definitions

Within this framework, "information" means transmission of data by the employer to the employees’ representatives in order to enable them to acquaint themselves with the subject matter and to examine it.

"Consultation" means the establishment of dialogue and exchange of views between employees’ representatives and central management or any more appropriate level of management.

Content

Community-scale undertakings are:

- undertakings with at least 1000 employees within the EU Member States and 

- at least 150 employees in each of at least two Member States.

Whereas Community-scale groups of undertakings are groups of undertakings with:

- at least 1000 employees within the Member States,

- at least two group undertakings in different Member States, and

- at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State.

A European Works Council or a procedure for informing and consulting employees shall be established in every Community-scale undertaking and every Community-scale group of undertakings with the purpose of informing and consulting employees. The arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the undertaking or group of undertakings to take decisions effectively.

Employees’ representatives are the employees’ representatives provided for by national law and/or practice.

Read the full text of the consolidated version of the Directive (including later amendments)

Read the full text of the original Directive (without amendments)

National laws implementing this Directive

Further information on this topic

New rules for European Works Councils - Insight into Directive 2009/38/EC is available in every official EU language