Directive 2009/38/EC - European Works Council
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.
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.
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.
New rules for European Works Councils - Insight into Directive 2009/38/EC is available in every official EU language
Evaluation study on the implementation of Directive 2009/38/EC (in DE, EN, FR only)
See also Eurofound page on European Works Councils.