On the evening of Friday 31 May, the Belgian Presidency of the Council of the European Union submitted a new draft compromise on European Works Councils (EWC) to the Member States, in which it specifies, among other things, the language on transnational issues, rules on sanctions, balanced representation of men and women and access to legal proceedings.
It also introduces provisions on seafarers.
With this text, which it will submit to the representatives of the Member States on 5 June, the Presidency intends to be in a position to ask the relevant ministers, meeting in Luxembourg on 20 June, to adopt a general approach.
On the scope of the obligation to inform and consult, the Presidency has refined the concept of transnational matters in Recital 5 by giving more details on the issues that must be considered as substantially affecting employees. It was also specified that it is necessary to determine objectively whether a measure can reasonably be considered to affect workers.
The last recital states that the concept of ‘transnational matters’ “covers those measures which could affect employees in a substantial way, i.e. in a way which does not affect them in a trivial manner and does not only concern individual employees or ordinary operational decisions. The standard of reasonableness should be objectively ascertained, having regard to the nature and purpose of the measures that are envisaged and the circumstances of the case”.
On gender balance, the obligation to strive for a balanced composition within special negotiating bodies and EWCs has been maintained, but this should be “without prejudice to the national laws and practices on electing and appointing employees’ representatives”.
On the reasons for confidentiality and non-transmission of information, it was specified that confidentiality, or non-transmission of information, can only be demanded as long as the reasons justifying these limitations on the right to information persist.
The rules on sanctions have been “simplified”, explains the Presidency. The original provisions detailing how the Member States were to determine penalties have been deleted. However, references to factors such as the size and financial situation of the undertaking - for example, on the basis of its annual turnover - and the seriousness, duration, consequences and intentional or negligent nature of the infringement, which may be taken into account when determining penalties, are maintained.
With regard to access to judicial or administrative procedures, the Presidency says it has strengthened the language on covering the costs of legal representation and participation in these procedures, either by central management or by other measures to be taken by the Member States.
A reference to the green and digital transitions has also been added to the scope of information and consultation.
Contacted by Agence Europe, several delegations, such as Sweden and Italy, had not, at the time of going to press, given any indication of their position on 5 June. Several countries had recently expressed reservations, including Sweden and Italy, Estonia, the Czech Republic and Austria. (Original version in French by Solenn Paulic)