WRITTEN QUESTION No. 1161/97 by Richard HOWITT to the Commission. Future of New Holland Tractor Plant (Basildon, UK)
Date: 1997-03-26
Institutions: European Parliament, HOWITT
Subjects: United Kingdom, collective dismissal, motor vehicle industry, subsidiary, trade union, worker consultation, worker information, works council













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91997E1161

WRITTEN QUESTION No. 1161/97 by Richard HOWITT to the Commission. Future of New Holland Tractor Plant (Basildon, UK)  


Official Journal C 319 , 18/10/1997 P. 0238 





WRITTEN QUESTION E-1161/97 by Richard Howitt (PSE) to the Commission (26 March 1997)Subject: Future of New Holland Tractor Plant (Basildon, UK)Given anxieties by trade unionists at the New Holland tractor plant in Basildon in my own constituency (part of the FIAT group), can the Commission confirm that FIAT must consult its works council under the European directive in advance of any major investment or planned closure? Will the Commission monitor this question closely?Answer given by Mr Flynn on behalf of the Commission (22 April 1997)The European works council directive ((OJ L 254, 30.9.1994. )) (94/45/CE), adopted on 22 September 1994, aims at improving the right of information and consultation of employees in Community-scale undertakings and Community-scale groups of undertakings, especially in the case of events with a considerable transnational effect on the employees' interests. This Directive, however, does not cover the United Kingdom, since it was adopted under the Protocol on social policy annexed to the EC Treaty.Community-scale undertakings or Community-scale groups of undertakings had the opportunity, before 21 September 1996, to conclude an agreement providing for the transnational information and consultation of employees. In that case, the obligations of the Directive are not applicable to these undertakings. In the absence of such an agreement, employee representations stemming from at least two Member States covered by the Directive have the opportunity, since 22 September 1996, to request the opening of negotiations with a view to reaching an agreement in conformity with the Directive.In the case of Fiat, it was reported that a voluntary agreement has been signed on 18 March 1996. Whether Fiat had to inform and consult in advance on events in Basildon depends on the terms of this agreement.To the extent that the employer in this plant is contemplating collective redundancies, Directive 92/56/EEC on collective redundancies ((OJ L 245, 26.8.1992. )), also applicable to the United Kingdom, provides for consultations with the workers' representatives in good time with a view to reaching an agreement. These consultations shall, at least, cover ways of avoiding collective redundancies or reducing the numbers of workers affected. These obligations apply irrespective of whether the decision regarding collective redundancies is being taken by the employer or by an undertaking controlling the employer. Member States have to ensure that judicial or administrative procedures for the enforcement of obligations under this Directive are available for the workers or the workers' representatives.