|
Brussels, |
|
"The social partners shall be consulted on the design and implementation of economic, employment and social policies according to national practices. They shall be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action. Where appropriate, agreements concluded between the social partners shall be implemented at the level of the Union and its Member States.
Workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies. Support for increased capacity of social partners to promote social dialogue shall be encouraged".
Workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies. Support for increased capacity of social partners to promote social dialogue shall be encouraged".
Directive on Informing and consulting employees – European Works Councils
Click to read
Directive 2009/38/EC on European Works Councils — SummaryDirective 2009/38/EC concerns the establishment and operation of European Works Councils or other procedures for informing and consulting employees in large transnational companies. Its purpose is to ensure that workers are informed and consulted on decisions that affect them across more than one EU or EEA country, especially in multinational undertakings and groups.
The European Commission explains that the 2009 recast aimed to strengthen employees’ transnational information and consultation rights, increase the number of European Works Councils, and ensure the continuity of existing councils.
The directive applies to Community-scale undertakings and Community-scale groups of undertakings. In practice, this means companies or groups with at least 1,000 employees in the EU/EEA and at least 150 employees in each of two Member States. The core idea is that when business decisions have transnational effects, employee representatives should receive information and be consulted at a European level, not only through national structures.
A European Works Council is not a trade union body or a collective bargaining body in the strict sense. Its function is mainly information and consultation. “Information” means that management must provide employee representatives with relevant data in time and in a manner that allows them to assess the possible impact of planned measures. “Consultation” means that employee representatives must be able to express an opinion before decisions are finalised, particularly where transnational restructuring, closures, relocations or major organisational changes are involved.
The directive sets out the procedure for creating a European Works Council. A special negotiating body is established to negotiate an agreement with central management. This agreement defines the composition, competence, functions, duration and practical arrangements of the EWC. If negotiations fail within the prescribed time, subsidiary requirements apply, ensuring that workers still have a minimum level of information and consultation rights.
The directive also gives employee representatives rights to training, meetings without management, and access to the resources needed to perform their duties. It seeks to balance company-level flexibility with minimum European standards for worker involvement.
The framework has continued to evolve. Seafarers were brought within the scope of the directive through Directive (EU) 2015/1794, and the Commission proposed a further revision in 2024 to improve the effectiveness and enforcement of transnational information and consultation rights. This reform was adopted in 2025 as Directive (EU) 2025/2450, amending Directive 2009/38/EC.
Analytically, the directive is important because it links corporate restructuring, social dialogue and workers’ rights at European scale. Its effectiveness depends not only on the formal existence of EWCs, but on whether consultation occurs early enough, whether information is sufficiently detailed, and whether employee representatives can influence transnational decision-making before irreversible choices are made.
The European Commission explains that the 2009 recast aimed to strengthen employees’ transnational information and consultation rights, increase the number of European Works Councils, and ensure the continuity of existing councils.
The directive applies to Community-scale undertakings and Community-scale groups of undertakings. In practice, this means companies or groups with at least 1,000 employees in the EU/EEA and at least 150 employees in each of two Member States. The core idea is that when business decisions have transnational effects, employee representatives should receive information and be consulted at a European level, not only through national structures.
A European Works Council is not a trade union body or a collective bargaining body in the strict sense. Its function is mainly information and consultation. “Information” means that management must provide employee representatives with relevant data in time and in a manner that allows them to assess the possible impact of planned measures. “Consultation” means that employee representatives must be able to express an opinion before decisions are finalised, particularly where transnational restructuring, closures, relocations or major organisational changes are involved.
The directive sets out the procedure for creating a European Works Council. A special negotiating body is established to negotiate an agreement with central management. This agreement defines the composition, competence, functions, duration and practical arrangements of the EWC. If negotiations fail within the prescribed time, subsidiary requirements apply, ensuring that workers still have a minimum level of information and consultation rights.
The directive also gives employee representatives rights to training, meetings without management, and access to the resources needed to perform their duties. It seeks to balance company-level flexibility with minimum European standards for worker involvement.
The framework has continued to evolve. Seafarers were brought within the scope of the directive through Directive (EU) 2015/1794, and the Commission proposed a further revision in 2024 to improve the effectiveness and enforcement of transnational information and consultation rights. This reform was adopted in 2025 as Directive (EU) 2025/2450, amending Directive 2009/38/EC.
Analytically, the directive is important because it links corporate restructuring, social dialogue and workers’ rights at European scale. Its effectiveness depends not only on the formal existence of EWCs, but on whether consultation occurs early enough, whether information is sufficiently detailed, and whether employee representatives can influence transnational decision-making before irreversible choices are made.
The Social Dialogue
Click to read
The social partners are involved in discussions, consultations, negotiations and joint actions conducted at European level, as well as those conducted at national level.
Before intervening in the social field, the European Commission must consult the social partners (Article 154 TFEU). Thus, the partners can negotiate agreements that can be implemented independently according to their national practices, or request their implementation through a Council decision (Article 155 TFEU).
European social dialogue can be:
Examples of agreements resulting from social dialogue include those on active aging and the intergenerational approach (2017) and digitization (2020).
Before intervening in the social field, the European Commission must consult the social partners (Article 154 TFEU). Thus, the partners can negotiate agreements that can be implemented independently according to their national practices, or request their implementation through a Council decision (Article 155 TFEU).
European social dialogue can be:
- bipartite: social partners only - employers 'organizations and workers' organizations (trade unions) o
- tripartite: social partners and EU institutions.
Examples of agreements resulting from social dialogue include those on active aging and the intergenerational approach (2017) and digitization (2020).
