Unite comment on European Works Council decision
18 December 2008
Unite, the UK’s biggest union, welcomes the decision of the
Council of Ministers to support and pass the first reading of the
European Works Council Directive at the European Parliament.
Unite Assistant General Secretary, Tony Burke, said: "We are
disappointed that the UK Government has not taken a proactive
approach during this process and is again out of step with the rest
of Europe.
"This is an important step in improving the right to information
and consultation. The amendments state that information must be
'given at a time, in such a fashion' to enable employees
representatives 'to undertake an in-depth assessment of the
possible impact and where appropriate prepare for
consultation'.
"The recast also proves the right to time off with pay for
training, more detailed definition of transnational issues and for
the purposes of negotiations the inclusion of the competent
recognised trade union organisation."
Member states now have two years to implement these changes into
their national law. Unite hopes that the British Government will
transpose these changes as a matter of urgency.
ENDS
For further information contact Tony Burke on 07831 659 939 or
Mark Di-Toro in the Unite press office on 07918 640 579.
Notes to Editors:
A new definition of ‘information’ ensures that items of
information are given "at such time, in such fashion and with such
content as are appropriate to enable employees' representatives to
undertake an in-depth assessment of the possible impact and, where
appropriate, prepare for consultations;
A better definition of consultation makes it clear that EWCs
should be consulted on "proposed measures" in time for their views
to be "taken into account"; A clause in the subsidiary requirements
will give EWC representatives the right to have a response with an
explanation to any opinions given as the outcome of
consultation;
A limitation restricting EWCs to transnational issues is
clarified to underline that "these include matters which,
regardless of the number of Member States involved, are of
importance for the European workforce in terms of the scope of
their potential effects";
A new ‘adaptation clause’ safeguards EWCs effected by mergers
and acquisitions and give an entitlement to renegotiate agreements
in the event of structural change;
Article 13’ agreements (signed before 22 September 1996) are to
remain outside the scope of the directive unless they are
renegotiated under the new directive by common consent or as a
result of the adaptation clause;
A new assertion in the preamble states that administrative and
judicial procedures, as well as sanctions enforcing the directive
should be "effective, dissuasive and proportionate in relation to
the seriousness of the offence";
For the first time EWC members will be entitled to be provided
with training without loss of wages;
EWCs members are to be given all the means they need to apply
their rights in the directive and be legally recognized as
representatives of the European employees in appropriate
matters;
Companies will be obliged to inform the relevant European trade
union organisations about the start of new negotiations for EWCs
and to recognize the role of trade union experts for SNBs;
SNB members will be entitled to meet together before and after
their meetings with management;
Those responsible for appointing or electing EWC members will be
required to take gender balance into account in their
deliberations;
Entitlements to interpretation have been added to the subsidiary
requirements;
The requirement of all management boards to transmit the
information required for commencing negotiations to employee
representatives on request is underlined;
EU Member States will be obliged to have rules ensuring that
national and European levels of consultation both take place when
needed;
New agreements will be required to state the period of their
duration;
EWC members will be required to communicate with other levels of
representation;
Another review of the Directive is scheduled to take place after
5 years.
