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Revision of European Works Council Directive
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In April 2004, almost five years after the deadline set out in the Directive itself, the European Commission officially started the review of the European Works Council (EWC) Directive. In its communication, the Commission emphasised the positive contribution that EWCs have made, particularly in dealing with structural changes. The responses of the European social partners to the Commission’s consultation document could hardly have been more different. The European Trade Union Confederation (ETUC) has for a long time had a detailed list of 26 proposals for improving the Directive. For example, it is calling for the SE Directive’s more precise definition of cross border information and consultation rights (see page 41), to be incorporated into the EWC Directive. In fact, this could help to solve a common problem faced by many EWCs – that, as before, they are often not informed until after decisions have been taken. Other key ETUC demands include: a greater involvement of the European trade union industry federations, improved training rights for EWC members, a reduction of the maximum length of negotiations to one year, a precise procedure for the renegotiation of agreements, a tightening of the definition of confidentiality, and tougher penalties when a company ignores the rights of the EWC. A lower priority has been given to reducing the threshold for setting up an EWC from the current 1,000 employees across the EU to 500. The fact is that only one-third of companies where an EWC could already be set up has actually got one.
On the other hand, the European employers’ association UNICE is vehemently opposed to any change. Progress, in its view, should take place at company level in the sense of an exchange of best practice. It sees dealing with the extension of EWCs into the new EU countries of central and eastern Europe as a higher priority than any possible revision of the Directive.
At the moment, the process of revision has once again come to a stop. It is difficult to see a strong wish in the Commission for a fundamental reworking of the Directive. Increasingly, it would like to link the issue with the question of managing structural change. This is confirmed in its communication in March 2005, which was intended to introduce the second phase of consultation with the social partners. The ETUC rejects this link between the two issues, and criticises the Commission for not producing its own proposals for a revised Directive, on which others could take a view. On the other hand, there is little chance of an agreement with the employers’ associations. As a result, the revision continues to be delayed, and with it many important improvements.
Source: Michael Stollt - Briefing in Mitbestimmung - international edition 2005
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