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Implementation of the European Works Council Directive 2009/38/EC

Open date: 19 Nov 2009

Closing date: 12 Feb 2010

Response date: 01 Apr 2010

BIS is seeking views on draft Regulations to implement the Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast), commonly known as the recast European Works Council (EWC) Directive


Background to consultation

The Department for Business, Innovation and Skills (BIS) is seeking views on draft Regulations to implement the Directive on the establishment of a European Works Council or a procedure in Community-scale undertakings or Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast), commonly known as the recast European Works Council (EWC) Directive. Member States have until 5 June 2011 to implement.

The Directive was heavily informed by input form the European Social Partners and represents a carefully balanced compromise between the interests of employees and business.

The Government intends to implement the Directive in such a way that this balance is retained.

Purpose of consultation

This consultation sets out the Government’s proposed approach to implementation. It includes draft Regulations on which it seeks comments.

Areas for consultation

Amongst other things, this consultation is seeking views on the Government’s proposed approach to:

  • Exempted EWC agreements
  • The adaptation of existing EWC agreements following company restructuring
  • Definitions of ‘information’ and ‘consultation’
  • The provisions of the ‘means required’ to allow the EWC to apply its rights stemming from the Directive.

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Download the government response


 

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