REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE Report on the implementation by Member States of Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast)
1. This report reviews the implementation by Member States of the Recast Directive 2009/38/EC of the Establishment of a European Works Council.
2. A European Works Council can be set up to inform and consult employees on transnational matters in multinational companies that have at least 1000 employees in the EEA and at least 150 employees in at least two Member States.
3. The European Works Council Directive was first adopted in 1994. It was extended to the UK in 1997 by a further Directive, and then implemented through ‘The Transnational Information and Consultation of Employees Regulations 1999’.
4. ‘Directive 2009/38/EC’ was a recast Directive, finalised in June 2009 with a transposition deadline of two years later. The Directive had the following objectives:
• Ensure employees’ transnational and consulting rights are respected;
• Encourage the creation of new European Works Councils;
• Resolve problems in the practical application of the original Directive 94/45/EC;
• Remedy the lack of legal certainty;
• Ensure better links with other EU legislation on informing and consulting employees.
5. ‘Directive 2009/38/EC on the establishment of a European Works Council or a procedure in Community-scale undertaking and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast)’ was subject to public consultation in the UK in autumn 2008 and winter 2009/10, before it was finalised. The Directive was transposed in March 2010 through the ‘Transnational Information and Consultation of Employees (Amendment) Regulations 2010’, which mostly came into force in June 2011.