WRITTEN QUESTION No. 2884/96 by Jonas SJÖSTEDT to the Commission. Participation of outside experts on works councils
Date: 1996-10-31
Institutions: European Parliament, SJOESTEDT
Subjects: European undertaking, group of companies, labour law, self-employed person, union representative, worker consultation, worker information, works council













EUR-Lex - 91996E2884 - EN






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91996E2884

WRITTEN QUESTION No. 2884/96 by Jonas SJÖSTEDT to the Commission. Participation of outside experts on works councils  


Official Journal C 096 , 24/03/1997 P. 0031 





WRITTEN QUESTION E-2884/96 by Jonas Sjöstedt (GUE/NGL) to the Commission (31 October 1996)Subject: Participation of outside experts on works councilsThe EU directive on works councils stipulates that companies with a certain number of employees which are active in several EU countries must set up a works council. Representatives of the company and the trade unions are to meet in the works council.Does the Commission consider that the trade unions are entitled to arrange for an outside expert, from their own trade union for instance, to take part in the council's work? Does the company have the right to deny the trade union the opportunity of having such an expert take part in the work?Answer given by Mr Flynn on behalf of the Commission (14 January 1997)The purpose of Directive 94/45/EC ((Council Directive of 22 September 1994 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 (OJ L 254, 30.9.1994). )) is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings. Undertakings or groups of undertakings with more than 1 000 employees within the Member States and at least 150 employees in each of at least two Member States are covered by the Directive.In such undertakings or groups of undertakings, negotiations are initiated by the central management, either on its own initiative or at the request of the employees, with a view to setting up a Works Council or an information and consultation procedure. The negotiations are conducted between the central management and the employees' representatives, who are elected or appointed in accordance with the specific national rules laid down by the Member States in which the undertaking or group of undertakings is active.It is up to this special negotiating body to conclude, with the central management, an agreement covering such matters as the composition and modus operandi of the European Works Council or the arrangements for implementing an information and consultation procedure, including, where appropriate, the role and status of experts.For the purpose of the negotiations, the special negotiating body may be assisted by experts of its choice. The Member States may limit the provision of funding to one expert only.Since the Directive is not intended to impinge on industrial relations systems in the Member States, it does not address the possible role of employees' trade unions.Where a voluntary agreement has been concluded prior to 22 September 1996, in accordance with the terms of Article 13 or, subsequently, on the basis of Article 6, the signatory parties enjoy wide discretion, particularly as regards the number, role and status of experts. If no agreement is reached within the undertaking concerned, the subsidiary requirements of the Annex to the Directive are applicable. In that event, the role and status of experts are determined by the national legislation applying to the European undertaking or group of undertakings in question.