A4-0411/96

Resolution on the communication from the Commission on worker information and consultation (COM(95)0547 - C4-0538/95)

The European Parliament,

- having regard to the communication from the Commission (COM(95)0547 - C4- 0538/95),

- having regard to the proposal contained therein for a general European legislative framework on worker information and consultation at national level (minimum standards),

- having regard to the report of the Committee on Social Affairs and Employment and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee on Legal Affairs and Citizens' Rights (A4-0411/96),

A. whereas efforts must be made to unblock a number of European legislative procedures relating to worker information, consultation, participation and codetermination,

B. whereas the adoption of the European company statute is important, for example for the competitiveness of the economy of the European Union, and whereas it should be designed in such a way as to make it attractive to SMEs, too,

C. whereas there should be no European form of company without rules on the economic participatory rights for workers and without transposition of the 'European Works Council¨ (EWC) Directive 94/45/EC ((OJ L 254, 30.9.1994, p. 64.)),

D. whereas a decision should be taken at the IGC to adopt the use of majority voting in the areas relating to codetermination (worker participation) referred to in the Agreement on Social Policy (Protocol No. 14 to the EC Treaty),

E. whereas the communication from the Commission has made an important contribution to the discussion of workers' participatory rights, even if none of the options identified by the Commission is entirely acceptable,

F. whereas the option 2 referred to in the Commission communication is still too general to satisfy the aspirations of national traditions, worker involvement and economic progress;

G. whereas neither the EWC Directive, which is confined to questions of worker information and consultation, nor a general set of Community rules on worker information and consultation at national level is a substitute for economic participation at company or corporate level or in the company bodies provided for in company law,

1. Regards it as a precondition for a Community initiative for the existing participatory schemes in the individual Member States to be known - the communication contains no analysis of them;

2. Regrets that the Commission did not consult the social partners at European level before adopting this communication;

3. Supports, therefore, the work of the group of high-level experts set up by the Commission with representatives of both sides of industry to clarify, through a comparative study, the statutory and actual situation in the EU Member States in respect of worker information, consultation, participation and codetermination;

4. Expects the group of experts to clarify what role the EWC can play in an overall concept of codetermination and whether, after a few years' consolidation, it can participate in negotiations on the codetermination model of the European company;

5. Recommends that the group of high-level experts examines whether the statute on European companies could provide for negotiations between the management of a company and its worker representatives and their trade unions, with a fixed list of matters for negotiation and the obligation to reach an agreement;

6. Agrees with the Economic and Social Committee ((Opinion: OJ C 212, 22.7.1996, p. 36.)) that before a new European initiative is launched the comparative study should be submitted to the social partners in the European Union, who would then have to decide whether European framework rules on the basis of an agreement between the two sides of industry in accordance with the social protocol would be possible and appropriate, and whether they could be complemented at national level;

7. Is of the opinion that the following procedural principles set out in the EWC Directive could play an important role in drawing up a model of participation for European companies: flexibility, negotiated solutions and minimum standards;

8. Expects the Commission to submit, on the basis of the results of the expert group's deliberations, and following the possible breakdown of negotiations between the two sides of industry, framework conditions for worker participation which will take account of Parliament's wishes in this respect and which will permit sufficient flexibility to enable the procedures and rules on participation and codetermination to be defined at branch and possibly corporate level, with the possibility of being defined at company level; expects that the rules and procedures defined will take account of the various models of worker information and consultation in each Member State and, where appropriate, the specific situation of small enterprises;

9. Looks to the Commission to propose provisions making cooperation between management and workers (information, consultation and participation) compulsory in multinational European companies;

10. Points out that defining rights of participation in the economic activities of companies cannot involve transferring a specific model of codetermination existing in only one, or only a few, Member States to the other Member States of the Community (no 'exporting of a national model');

11. Stresses, however, that the adoption of a European statute must not, under any circumstances, result in companies being able to use a European legal instrument to avoid codetermination (no 'flight from codetermination');

12. Proposes, as a minimum standard, in the dualist system a seat for workers on the supervisory board and, in the monist system, an institution which will agree, with the management of the firm, on opportunities for participation in economic matters and on the obligation of employers to negotiate in respect of decisions concerning the workers;

13. Regards cooperative societies as a part of the social movement and therefore sees the prospect of first establishing rules for participation in the statute for European cooperatives;

14. Advises prescribing the more stringent rules of participation for European cooperative societies only above a specific number of workers (e.g. 500);

15. Considers that a clear distinction must be drawn between: the right to information and consultation set out in the EWC Directive, the right to information, consultation and negotiation, set out in Directive 75/129/EEC ((OJ L 48, 22.2.1975.)) on collective redundancies and Directive 77/187/EEC ((OJ L 61, 5.3.1977.)) on the transfer of undertakings, and worker participation and codetermination as provided for in the proposals on the European company ((OJ C 176, 8.7.1991.)), the European cooperative society ((OJ C 236, 31.8.1993, pp. 17 and 36.)), the European mutual society ((OJ C 236, 31.8.1993, pp. 40 and 56.)) and the European association ((OJ C 236, 31.8.1993, pp. 1 and 14.));

16. Considers that the creation of European forms of company must be inseparably bound up with the rules on worker codetermination and with the transposition of the EWC Directive;

17. Calls on the Commission also to draw up without delay a draft directive on minimum standards for the information and consultation of workers in their firms in the Member States of the European Union and to pursue its measures aimed at evaluating, and improving, the implementation of the EWC Directive, in consultation with the social partners;

18. Makes it clear that participation and codetermination by workers and their trade unions, as part of the European social model, is a positive factor for our companies;

19. Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the European social partners.