Member State experts will meet on 20 January in the Working Party on Social Questions to prepare for the first-ever trilogue on the revised European Works Councils (EWC) directive, scheduled for 6 February, according to a public document issued by the EU Council on 20 December.
The Polish Presidency of the EU Council has asked delegations to provide their comments by 15 January.
“To support the preparation of the trilogues, please signal in the Social Questions Working Party and in writing for each European Parliament amendment: - whether you are supportive of it; - whether it is acceptable to you; - or whether the amendment is problematic for you”, writes the Presidency, which submitted alongside this the first so-called ‘four-column’ document on the subject.
The Presidency also explains that it intends to discuss substantive issues with the European Parliament on 6 February. The latter confirmed its mandate on 19 December (see EUROPE 13549/14).
The positions of the two parties diverge on certain aspects, notably on the definition of transnational issues to be submitted for EWC consultation. In its mandate, the EU Council specified the concept of a decision affecting employees in a substantial way (“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”), whereas for the European Parliament this is limited to measures likely to lead to substantial changes in working conditions or contractual relations.
Another point of divergence concerns the nature of the confidential information to be shared or the sanctions in the event of non-compliance by a company with the EWC consultation rules.
The European Parliament states here that “in line with national law and practice, Member States should provide for a possibility to request a preliminary injunction in national courts or other competent authorities for a temporary suspension of the implementation of management decisions until an information and consultation procedure has taken place at the relevant level of management and representation and in such a way as to enable a reasoned response from the central management in accordance with this Directive”.
Link to the document: https://aeur.eu/f/ez5 (Original version in French by Solenn Paulic)