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SPRÁVA (COM(2024)0014 – C90012/2024 – 2024/0006(COD))

O návrhu smernice Európskeho parlamentu a Rady, ktorou sa mení smernica 2009/38/ES, pokiaľ ide o zriaďovanie a fungovanie európskych zamestnaneckých rád a účinné presadzovanie práv na informácie a porady na nadnárodnej úrovni

A-10-2024-0029

Výbor pre zamestnanosť a sociálne veci · Rapporteur: Dennis Radtke

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the proposed directive amends Directive 2009/38/EC on European Works Councils to clarify transnational matters, strengthen gender balance, improve enforcement and sanctions, and extend rights to all agreements. It requires at least two annual in-person plenary meetings, allows digital means in exceptional cases, and mandates negotiation of addenda to existing agreements within two years, with subsidiary requirements applying if no agreement is reached. It strengthens information and consultation rights, including timely and meaningful consultation, reasoned responses, and access to experts, and ensures protection for employee representatives, including seafarers. It improves enforcement by requiring effective, dissuasive and proportionate sanctions, including financial penalties, exclusion from public benefits and contracts, and preliminary injunctions, and establishes a monitoring committee.

Committee position. The Committee on Employment and Social Affairs proposes to amend the Commission proposal to strengthen the directive on European Works Councils, including clarifying transnational matters, enhancing gender balance, improving enforcement and sanctions, and extending rights to all agreements.

Key points

  1. Clarifies that transnational matters include measures affecting workers in one Member State with consequences in another, or taken in a different Member State than where effects occur.
  2. Requires that regular annual meetings of the European Works Council and select committee take place in person, while additional meetings may be virtual if agreed.
  3. Mandates that agreements specify financial and material resources, including experts, legal costs, and training, with reasonable costs notified to and approved by central management.
  4. Sets gender balance objectives of at least 40% for each sex in special negotiating bodies and European Works Councils, with reasons if not achieved.
  5. Requires central management to provide objective criteria and duration when sharing information in confidence, and allows European Works Council members to reveal information to national or local work councils affecting workers.
  6. Deletes exemptions for pre-1996 agreements and those signed between 2009 and 2011, bringing all agreements under the Directive's scope.
  7. Increases subsidiary requirement meetings to at least two per year in person, with digital means only in exceptional cases.
  8. Requires central management to initiate negotiations for an addendum to existing agreements within one year of entry into force, with subsidiary requirements applying if no agreement within two years.
  9. Strengthens information and consultation by requiring timely, meaningful dialogue, reasoned written responses before decisions, and written grounds if procedures are disputed.
  10. Allows European Works Councils to request assistance from experts, including trade union representatives, who may attend meetings in an advisory capacity.
  11. Requires Member States to ensure effective enforcement, including preliminary injunctions, financial penalties increasing with affected employees, and exclusion from public benefits and contracts for up to three years.
  12. Establishes a monitoring committee with representatives from Member States, European social partners, and the Commission, meeting twice a year.

Who is affected

  • Community-scale undertakings and groups: must comply with new rules on transnational matters, gender balance, and enforcement, and may face financial penalties or exclusion from public contracts.
  • European Works Councils and special negotiating bodies: gain stronger rights to information, consultation, training, and expert assistance, and must meet gender balance targets.
  • Employees' representatives, including trade unions: recognized as representatives and entitled to protection and legal capacity.
  • Seafaring crew members on European Works Councils: entitled to participate in meetings when not at sea or in a port in another country, with scheduling and technology accommodations.
  • Member States: must notify the Commission of enforcement measures and ensure effective sanctions and access to justice.

Figures and deadlines

  • at least 40% of posts of member of the special negotiating body for each gender
  • at least 40 % of European Works Council members and select committee members for each gender
  • at least two annual plenary meetings in person
  • within two years following the initiation of negotiations for an addendum
  • up to three years exclusion from public benefits, aids or subsidies
  • twice per year meetings of the monitoring committee

Legal basis: Article 153(1)(e) in conjunction with Article 153(2)(b) of the Treaty on the Functioning of the European Union