The new EWC Directive is here
On 16th December 2008 the European Parliament and the Council of Ministers agreed on strengthened information and consultation rights, thus ensuring that workers are better equipped to defend their jobs and fight against the negative effects of the crisis.
The European Social Partners played a key role in the recast Directive, which has taken on board a number of vital trade union demands:
- Better definition of „Information“ and „Consultation“, which applies to “proposed measures” and allows workers’ representatives “to express an opinion which may be take into account”
- Recognition of the role of the trade unions
- Entitlement to training for EWC members
- The right for the EWC to defend itself in Court and have the means to enforce its rights
- Rules in respect of the interaction between information and consultation at national and European levels.
In addition, the European Parliament was instrumental in securing further improvements in the new Directive:
- Withdrawal of the originally foreseen threshold of 50 employees per country as a pre-condition for participation in the Special Negotiation Body for the establishment of an EWC as well as representation in the EWC by virtue of the law;
- Member States are required to apply sanctions that are adequate, effective and dissuasive in cases of infringement of the EWC Directive or EWC agreements.
The final text is not available yet since it has to go through the legal services of the Commission for checking. It will then be available after the official adoption by the Council and publication in the EU Official Journal.
Final adoption is expected to take place in early March 2009.
Please find hereafter two links to press communiqués on the revision of the EWC Directive:
If you would like to obtain a provisional version of the recast Directive please contact us.
The EMF is working on the interpretation of the new rights and, especially, on the effects on existing agreements and ongoing EWC negotiations.
