Brussels, 04/09/2008 (Agence Europe) - In a declaration on Thursday 4 September, the European Commissioner for social affairs, Vladimir Spidla, welcomed the “joint advice” from European social partners (ETUC for the unions, Businesseurope, EEP and UEAPME for the employers) on 29 August for the revision of the directive on the European Works Councils (94/45/EEC). Social partners adopted this joint opinion on the basis of the Commission's proposals published at the beginning of July as part of the College's adoption of the updated social agenda (EUROPE 9695).
The Commissioner welcomed, “the constructive discussions and fruitful dialogue between the social partners on the European Works Councils Directive, which started after the Informal Employment and Social Affairs Council in Chantilly on 11 July” (EUROPE 9703). He also said that he was “convinced that a revised directive will translate into a better functioning of European Works Councils and make them more efficient. This will serve the interests of the workers and the employers alike”. Mr Spidla is calling on the European Parliament and Council to, “take up this constructive approach and adopt the recast directive with the suggestions of the social partners in the coming months under the French presidency”.
Amendments proposed by European social partners
In a letter they addressed on 29 August to the French minister of Labour and Solidarity, Xavier Bertrand, European social partners agreed to consider the Commission's proposal of 2 July on a revision of the directive on European Works Councils (EWC) as a basis for revision of the 1994 directive. In order to revise this directive in 2008 or beginning of 2009, the social partners are calling on the European Parliament and Council of Ministers to take their joint amendments into account in the adoption process. European social partners will inform their members of the extended possibilities offered by the revised directive.
The amendments proposed to directive 94/45/EC, currently under examination by the European Parliament and Council as part of the codecision procedure aim to: clearly explain notions of information and consultation; define EWC competencies and interconnect information and consultation structures at European and national levels; adopt protective provisions, which are used as reference criteria in deciding negotiated rules adapted to appropriate company level; to provide training to workers' representatives, introduce the obligation for these representatives to inform workers and acknowledge the role of union bodies; to adopt EWC in the even of significant company restructuring.
European social partners welcomed having obtained an agreement on the Commission's 2 July draft directive, which the unions thought too “timid” and the employers “balanced enough”.
The unions see the joint advice as certain progress given that it introduced the need to inform and consult workers' representatives before restructuring, in order to prepare for it and better manage together with the relevant company body at a Community scale or within a group of Community scale companies. It is essential that information and consultation id done upstream of a problem (Art 2 (f) (g). Other progress (Art 5.4 para 3): the special negotiating body may request assistance with its work from experts of its choice. These experts can be trade union representatives from the competent unions at a European level, which was not the previously the case.
Employers had requested two more years to sign voluntary agreements, following adoption of the revised directive (Art 13.1). This proposal was accepted and included in the joint advice. Another point which the employers were very keen on involves Art 12.3: where no such arrangements have been defined by agreement in a EWC, how negotiations are begun is left up to member states to decide. The information and consultation process should therefore not be carried out at the same time in the EWC or national bodies. The letter and joint proposals from European social partners are available at (http://www.businesseurope.eu , http://www.ueapme.com , http://www.ceep.eu , http://www.etuc.org ). (G. B./trans/rh)