Brussels, 16/12/2008 (Agence Europe) - In Strasbourg on Tuesday 16 December, the European Parliament adopted, on first reading, the compromise text negotiated with the other Community institutions on the recast directive on European Works Councils. The report by Philip Bushill-Matthews (EPP-ED, UK) on this co-decision issue, was adopted by the comfortable majority of 411 votes to 44, with 181 abstentions. Among the aims of the recast directive, proposed by the Commission in July, is improving information to and consultation of workers in the event of restructuring.
The compromise text states that the information given to employees' representatives must enable them “to undertake an in-depth assessment of the possible impact and, where appropriate, prepare consultations with the competent body” of the company. European Works Councils must have the means required to apply the rights stemming from this directive and to collectively represent the interests of employees, the text states. Furthermore, the directive does not apply to companies where there was already an information and consultations agreement, or where an agreement “is signed or an existing agreement is revised during the two years following the adoption of this directive”. This is to encourage the setting up of new European Works Councils.
The directive sets out the remit of the European Works Council: it is restricted to transnational issues. According to the compromise text, transnational issues cover matters which, no matter the number of member states involved, are of importance to European workers through the magnitude of their potential impact or which involve transfers of activity between member states. The agreement: - abolishes the threshold of 50 employees for setting up special negotiating bodies (as a first step to constituting European works councils) so as not to discriminate against small member states; - states that when negotiations on setting up a European Works Council are opened, competent recognised Community-level trade union organisations may assist workers' representatives in these negotiations. Lastly, Member States must ensure that measures taken in the event of a failure to comply with this directive are “adequate, proportionate and dissuasive”. (L.C./transl.rt)