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DRAFT REPORT (COM(2024)0014 – C90012/2024 – 2024/0006(COD))

On the proposal for a directive of the European Parliament and of the Council amending Directive 2009/38/EC as regards the establishment and functioning of European Works Councils and the effective enforcement of transnational information and consultation rights

EMPL-PR-758777

Committee on Employment and Social Affairs · 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.

This draft report proposes amendments to the Commission's proposal to revise the European Works Councils Directive, covering the definition of transnational matters, meeting formats, resources, negotiations, confidentiality, information and consultation, enforcement, and the scope of existing agreements.

Committee position. The rapporteur proposes to amend the Commission's proposal to strengthen the role of European Works Councils, improve enforcement, and extend the directive's scope to pre-existing agreements.

Key points

  1. Clarifies that transnational matters include measures affecting workers in one member state with consequences in another, and measures taken in a different member state than where effects occur.
  2. Requires European Works Council agreements to specify the format of meetings, including virtual meetings, and to detail resources such as experts, legal costs, and training.
  3. Applies subsidiary requirements if the first special negotiating body meeting is not held within six months of a request, or if no agreement is reached within 18 months.
  4. Allows European Works Council members to share confidential information with national or local work councils when it affects workers, and requires objective criteria for confidentiality.
  5. Requires central management to provide reasoned responses before decisions, and to give written grounds if refusing an information and consultation procedure.
  6. Strengthens enforcement by requiring member states to ensure accessible procedures, including preliminary injunctions to suspend decisions, and financial penalties that increase with affected employees.
  7. Brings pre-existing agreements under the scope of the Directive, requiring adaptation within two years, with subsidiary requirements applying after 18 months if no agreement.
  8. Extends protection and guarantees to employee representatives, including the right to form and join trade unions, and ensures seafarer crew members can participate in meetings.
  9. Requires information to be given in a necessary and sufficient manner for in-depth assessment, and allows urgent procedures using digital means.
  10. Mandates that central management bears judicial costs for at least one employee representative, and requires member states to notify the Commission of enforcement measures.
  11. Expands the right to be informed and consulted in exceptional circumstances to include decisions that may affect employees' interests, and allows affected members to participate.

Who is affected

  • Community-scale undertakings and groups with European Works Councils, which must adapt agreements and comply with new information, consultation, and enforcement rules.
  • Employees' representatives, including trade unions, who gain stronger rights to information, consultation, and legal protection.
  • Seafaring crew members serving on European Works Councils, who are entitled to participate in meetings when not at sea.
  • Member states, which must ensure effective enforcement, including preliminary injunctions and financial penalties.

Figures and deadlines

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