Proposal for a Council Directive establishing a general framework for informing and consulting employees in the European Community
Date: 1998-11-11
Institutions: European Commission
Subjects: European undertaking, job security, labour law, worker consultation, worker information

5.1.1999

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II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Directive  establishing  a  general  framework  for  informing  and  consulting
employees  in  the  European  Community

(1999/C  2/03)

(Text  with  EEA  relevance)

COM(1998)  612  final  -  98/0315(SYN)

(Submitted  by  the  Commission  on  17  November  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Agreement  on  Social  Policy
attached  to  the  Protocol  (No  14)  on  Social  Policy
annexed 
the  European
the  Treaty  establishing 
Community,  and  in  particular  Article  2(2)  thereof,

to 

Whereas  the  Commission,  pursuant  to  Article  3(2)  of  the
Agreement  on  Social  Policy,  has  consulted  management
and  labour  at  Community  level  on  the  possible  direction
of  Community  action  on  the  information  and  consul(cid:220)
tation  of  workers  in  undertakings  within  the  European
Union;

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

Acting  in  accordance  with  the  procedure  referred  to  in
Article  189c,

Whereas  the  Commission,  considering  after  this  consul(cid:220)
tation  that  Community  action  was  advisable,  has  again
consulted  the  social  partners  on  the  content  of  the
planned  proposal,  pursuant  to  Article  3(3)  of  the  said
Agreement,  and  the  social  partners  have  presented  their
opinions  to  the  Commission;

to 

Whereas,  on  the  basis  of  the  Protocol  on  Social  Policy
annexed 
the  European
the  Treaty  establishing 
Community,  and  with  the  exception  of  the  United
Kingdom  of  Great  Britain  and  Northern  Ireland,  the
Member  States  of  the  European  Community,  hereinafter
referred 
"Member  States’,  desirous  of
implementing  the  Social  Charter  of  1989,  have  adopted
an  Agreement  on  Social  Policy;

to  as 

the 

Whereas  Article  2(2)  of  the  said  Agreement  authorises
the  Council  to  adopt  minimum  requirements  by  means  of
directives;

Whereas,  pursuant  to  Article  1  of  the  Agreement,  a
particular  objective  of  the  Community  and  the  Member
States 
between
management  and  labour;

dialogue 

promote 

social 

to 

is 

Whereas  point  17  of  the  Community  Charter  of  Funda(cid:220)
mental  Social  Rights  of  Workers  provides,  inter  alia,  that
"information,  consultation  and  participation  for  workers
must  be  developed  among  appropriate 
taking
account  of  the  practices  in  force  in  different  Member
States’;

lines, 

the 

Whereas,  having  completed  this  second  stage  of  consul(cid:220)
tation, 
the
social  partners  have  not 
Commission  of 
the  process
potentially  leading  to  the  conclusion  of  an  agreement,  as
provided  for  in  Article  4  of  the  said  Agreement;

their  wish 

informed 

initiate 

to 

Whereas  the  existence  of  legal  frameworks  at  national
and  Community  level  intended  to  ensure  that  workers
are  involved  in  the  affairs  of  the  undertaking  employing
them  and  in  decisions  which  affect  them  has  not  always
prevented  serious  decisions  affecting  workers  from  being
taken  and  made  public  without  adequate  procedures
having  been 
inform  and
implemented  beforehand  to 
consult  them;

Whereas  there  is  a  need  to  strengthen  dialogue  and
promote  mutual  trust  within  undertakings  in  order  to
improve  risk  anticipation,  make  work  organisation  more
flexible  and  facilitate  employee  access  to  training  within
security,  make
the  undertaking  while  maintaining 
employees 
increase
needs, 
of 
to  undertake  measures  and
employees’  availability 
employability,  promote
their 
increase 
to 
activities 

adaptation 

aware 

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employee  involvement  in  the  operation  and  future  of  the
undertaking  and  increase  its  competitiveness;

timely 

information  and  consultation 

Whereas 
is  a
prerequisite  for  the  success  of  restructuring  and  adap(cid:220)
tation  of  undertakings  to  the  new  conditions  created  by
globalisation  of  the  economy,  particularly  via  the  devel(cid:220)
opment  of  new  forms  of  work  organisation;

the  new  European  context  described  above;  but  whereas,
in  view  of  the  scale  and  impact  of  the  proposed  action,
these  objectives  can  be  better  achieved  at  Community
level  by 
regulations
introduction  of  minimum 
the  entire  European  Community,  and
applicable 
whereas  the  present  Directive  constitutes  no  more  than
minimum  necessary  to  achieve  these  objectives;

the 
to 

"anticipation’, 

"prevention’  and 

Whereas  the  European  Community  has  drawn  up  and
the
implemented  an  employment  strategy  based  on 
concepts  of 
"employa(cid:220)
bility’,  which  are  to  be  incorporated  as  key  elements  into
all  public  policies  likely  to  benefit  employment,  including
the  policies  of  individual  undertakings,  by  strengthening
the  social  dialogue  with  a  view  to  promoting  change
compatible  with  preserving  the  priority  objective  of
employment;

Whereas  further  development  of  the  Internal  Market
must  be  properly  balanced,  maintaining  the  essential
values  on  which  our  societies  are  based  and  ensuring  that
all  citizens  benefit  from  economic  development;

Whereas  the  third  stage  of  economic  and  monetary
union  will  extend  and  accelerate 
the  competitive
pressures  at  European  level;  whereas  this  will  mean  that
more  supportive  measures  are  needed  at  national  level;

Whereas  the  existing 
legal  frameworks  for  employee
information  and  consultation  at  Community  and  national
level  tend  to  adopt  an  excessively  a  posteriori  approach  to
the  process  of  change,  neglect  the  economic  aspects  of
decisions  taken  and  do  not  contribute  to  genuine  antici(cid:220)
pation  of  employment  developments  within  the  under(cid:220)
taking  or  to  risk  prevention;

Whereas,  as  a  result  of  all  these  political,  economic,
social  and 
is  needed  at
Community  level  to  make  the  essential  changes  to  the
existing  legal  framework;

legal  developments,  action 

Whereas,  in  accordance  with  the  principles  of  subsi(cid:220)
diarity  and  proportionality  as  set  out  in  Article  3b  of  the
Treaty,  the  objectives  of  the  proposed  action,  as  outlined
above,  cannot  be  adequately  achieved  by  the  Member
States,  in  that  the  object  is  to  establish  a  framework  for
employee  information  and  consultation  appropriate  for

Whereas  the  purpose  of  this  general  framework  is  to
establish  minimum  requirements  applicable  throughout
the  European  Community  while  avoiding  any  adminis(cid:220)
trative,  financial  or  legal  constraints  which  would  hinder
the  creation  and  development  of  small  and  medium(cid:220)sized
undertakings;  whereas,  to  this  end,  the  scope  of  this
Directive  should  be  restricted  to  undertakings  with  at
least  50  employees,  without  prejudice  to  any  more
favourable  national  or  Community  provisions;  whereas,
in  order  to  maintain  the  appropriate  balance  between  the
abovementioned  factors,  this  minimum  may  be  raised  to
100  employees 
innovative
information  and
measures  proposed  herein  on 
consultation  of  employees  on  developments 
the
employment  situation  within  the  undertaking;

in  the  case  of  the  more 

the 

in 

Whereas  a  Community  framework  for  informing  and
consulting  employees  must  keep  to  a  minimum  the
the  effective
burden  on  businesses  while  ensuring 
exercise  by  employees  of  their  rights;

through 

Whereas  the  objectives  of  this  Directive  are  to  be
achieved 
the  establishment  of  a  general
framework  comprising  the  definitions  and  purpose  of  the
information  and  consultation,  which  it  will  be  up  to  the
Member  States  to  complete  and  adapt  to  their  own
national  situation,  ensuring,  where  appropriate,  that  the
social  partners  have  a  leading  role  by  allowing  them  to
define 
informing  and
consulting  employees  which  they  consider  to  be  best
suited  to  their  needs  and  wishes;

the  arrangements 

freely 

for 

Whereas  care  must  be  taken  to  avoid  affecting  some
specific  rules  in  the  field  of  employees’  information  and
consultation  existing  in  some  national  laws,  addressed  to
undertakings  which  pursue  political,  professional  organi(cid:220)
sation,  religious,  charitable,  educational,  scientific  or
artistic  aims,  as  well  as  aims  involving  information  and
the  expression  of  opinions;

Whereas  undertakings  must  be  protected  against  public
disclosure  of  certain  particularly  sensitive  information;

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Whereas  modernisation  of  work  implies  both  rights  and
obligations  for  the  two  social  partners  at  undertaking
level;

Article  2

Definitions  and  scope

Whereas  a  reinforced  and  dissuasive  sanction,  applicable
in  the  case  of  decisions  taken  in  serious  breach  of  the
obligations  under  this  Directive  must  be  established  at
Community  level,  without  prejudice  to  the  general  obli(cid:220)
gations  of  Member  States  in  this  respect;

to 

to  collective 

this  Directive  also  applies 

the  subjects
Whereas 
covered  by  Council  Directive  98/59/EC  of  20  July  1998
on  the  approximation  of  the  laws  of  the  Member  States
relating 
redundancies(cid:216)(˛)  and  Council
Directive  77/187/EEC  of  14  February  1998  on  the
approximation  of  the  laws  of  the  Member  States  relating
to  the  safeguarding  of  employees’  rights  in  the  event  of
transfers  of  undertakings,  businesses  or  parts  of  busi(cid:220)
nesses,  amended  by  the  Council  Directive  98/50/EC  of
29  June  1998(cid:216)(ˇ);

Whereas  other  employee  information  and  consultation
rights,  including  those  arising  from  Council  Directive
94/45/EEC  of  22  September  1994  on  the  establishment
of  a  European  Works  Council  or  a  procedure 
in
Community(cid:220)scale  undertakings  and  Community(cid:220)scale
groups  of  undertakings  for  the  purposes  of  informing
and  consulting  employees(cid:216)(—),  must  not  be  affected  by
this  Directive,

HAS  ADOPTED  THIS  DIRECTIVE:

Article  1

Object  and  principles

1.(cid:218)(cid:217)The  purpose  of  this  Directive 
general 
employees 
Community.

in  undertakings  within 

framework 

for 

informing  and 

is  to  establish  a
consulting
the  European

procedures, 

2.(cid:218)(cid:217)When  defining  or  implementing  information  and
consultation 
the
employees’  representatives  shall  work  in  a  spirit  of  co(cid:220)
operation  and  with  due  regard  for  their  reciprocal  rights
and  obligations,  taking  into  account  the  interests  both  of
the  undertaking  and  of  the  employees.

employer 

and 

the 

(˛)(cid:217)OJ  L  225,  12.8.1998,  p.  16.
(ˇ)(cid:217)OJ  L  61,  5.3.1977,  p.  26.

OJ  L  201,  17.7.1998,  p.  88.
(—)(cid:217)OJ  L  254,  30.9.1994,  p.  64.

1.(cid:218)(cid:217)For  the  purposes  of  this  Directive:

(a)(cid:217)"undertakings’  means  public  or  private  undertakings
carrying  out  an  economic  activity,  whether  or  not
operating  for  gain,  which  are  located  within  the
territory  of  the  Member  States  of  the  European
Community  and  have  at  least  50  employees,  without
prejudice  to  the  provisions  of  Article  4(3);

(b) "employer’  means  the  natural  or  legal  person  party  to
employment  contracts  or  employment  relationships
with  employees;

(c) "employees’  representatives’  means  the  employees’
representatives  provided  for  by  national  laws  and/or
practices;

of 

employees’ 

(d) "information’  means  transmission  by  the  employer  to
information
representatives 
the 
containing  all  relevant  facts  on  the  subjects  set  down
in  Article  4(1),  ensuring  that  the  timing,  means  of
communication  and  content  of  the  information  are
such  as  to  ensure  its  effectiveness,  particularly  in
enabling  the  employees’  representatives  to  examine
the  information  thoroughly  and,  where  appropriate,
prepare  consultations;

(e) "consultation’  means  the  organisation  of  a  dialogue
and  exchange  of  views  between  the  employer  and  the
employees’  representatives  on  the  subjects  set  out  in
Article  4(1)(b)  and  (c),

-(cid:217)ensuring  that  the  timing,  method  and  content  are

such  that  this  step  is  effective;

-(cid:217)at  the  appropriate 

level  of  management  and
representation,  depending  on  the  subject  under
discussion;

-(cid:217)on  the  basis  of  the  relevant  information  to  be
supplied  by  the  employer  and  the  opinion  which
the  employees’  representatives  are  entitled  to
formulate;

-(cid:217)including  the  employees’  representatives’  right  to
meet  with  the  employer  and  obtain  a  response,
and  the  reasons  for  that  response,  to  any  opinion
they  may  formulate;

-(cid:217)including,  in  the  case  of  decisions  within  the
scope  of  the  employer’s  management  powers,  an
attempt  to  seek  prior  agreement  on  the  decisions
referred  to  in  Article  4(1)(c).

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2.(cid:218)(cid:217)In  conformity  with  the  principles  and  objectives  of
this  Directive,  Member  States  may  lay  down  particular
provisions  applicable 
to  undertakings  which  pursue
directly  and  essentially  political,  professional  organi(cid:220)
scientific  or
sation,  religious,  charitable,  education, 
artistic  aims,  as  well  as  aims  involving  information  and
the  expression  of  opinions,  on  condition  that,  at  the  date
of  adoption  of  this  Directive,  such  particular  provisions
already  exist  in  national  legislation.

Article  3

Information  and  consultation  procedures  deriving  from
an  agreement

1.(cid:218)(cid:217)Member  States  may  authorise  the  social  partners  at
the  appropriate  level,  including  at  undertaking  level,  to
through  negotiated
define 
time 
agreement 
the
implementing 
for 
employee 
information  and  consultation  requirements
referred  to  in  Articles  1,  2  and  4  of  this  Directive.

freely  and  at  any 
the  procedures 

2.(cid:218)(cid:217)The  agreements  referred  to  in  paragraph  1  may
laid
establish,  while  respecting  the  general  objectives 
down  by  the  Directive  and  subject  to  conditions  and
limitations 
States,
by 
arrangements  which  are  different  to  those  referred  to  in
Article  2(1)(d)  and  (e)  and  Article  4  of  the  present
Directive.

the  Member 

laid  down 

Article  4

Content  of,  and  procedures  for,  information  and  consul(cid:220)
tation

1.(cid:218)(cid:217)Without  prejudice 
to  any  provisions  and/or
practices  more  favourable  to  employees  in  force  in  the
Member  States,  employee  information  and  consultation
shall,  if  there  is  no  agreement  between  the  social  partners
as  envisaged  in  Article  3,  cover:

(a)(cid:217)information  on  the  recent  as  well  as  the  reasonably
undertaking’s

foreseeable  development 
activities  and  its  economic  and  financial  situation;

the 

of 

(b) information  and  consultation  on 

the 

situation,
structure  and  reasonably  foreseeable  developments  of
employment  within  the  undertaking  and,  where  the
employer’s  evaluation 
that  employment
within  the  undertaking  may  be  under  threat,  the
anticipatory  measures  envisaged, 
in  particular  for
employee  training  and  skill  development,  with  a  view
to  offsetting  the  potential  negative  developments  or
their  consequences  and  increasing  the  employability
of  the  employees  likely  to  be  affected;

suggests 

(c) information  and  consultation  on  decisions  likely  to
lead  to  substantial  changes  in  work  organisation  or
in  contractual  relations,  including  those  covered  by
the  Community  provisions  referred  to  in  Article  8(1).

2.(cid:218)(cid:217)The  Member  States  shall  ensure  that  information
and  consultation  are  effective  and  useful  within  the
meaning  of  Article  1  and  Article  2(1)(d)  and  (e).  To  this
end,  they  shall  determine  the  information  and  consul(cid:220)
tation  procedures  for  the  subjects  listed  in  paragraph  1.

3.(cid:218)(cid:217)Member  States  may  exclude  from  the  information
and  consultation  obligations  referred  to  in  paragraph
1(b)  of  this  Article  undertakings  with  fewer  than  100
employees.

Article  5

Confidential  information

to  disclose  any 

1.(cid:218)(cid:217)Member  States  shall  provide  that  the  employees’
representatives  and  any  experts  who  assist  them  are  not
information  which  has
authorised 
expressly  been  provided  to  them  in  confidence.  This  obli(cid:220)
gation  shall  continue  to  apply  irrespective  of  where  the
said  representatives  or  experts  are,  even  after  expiry  of
their  term  of  office.

that 

the  employer 

2.(cid:218)(cid:217)Member  States  shall  provide,  in  specific  cases  and
within  the  conditions  and  limits  laid  down  by  national
to
legislation, 
communicate 
information  or  undertake  consultation
when  the  nature  of  that  information  or  consultation  is
such  that,  according  to  objective  criteria, 
it  would
seriously  harm  the  functioning  of  the  undertaking  or
would  be  prejudicial  to  it.

is  not  obliged 

Article  6

Protection  of  employees’  representatives

Employees’  representatives  shall,  when  carrying  out  their
functions,  enjoy  adequate  protection  and  guarantees  to
enable  them  to  perform  properly  the  duties  which  have
been  assigned  to  them.

Article  7

Protection  of  rights

for  appropriate
1.(cid:218)(cid:217)Member  States 
measures 
in  the  event  of  non(cid:220)compliance  with  this
Directive  by  the  employer  or  the  employees’  represen(cid:220)
tatives;  in  particular,  they  shall  ensure  that  adequate

shall  provide 

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administrative  or 
judicial  procedures  are  available  to
enable  the  obligations  deriving  from  this  Directive  to  be
enforced,  including  procedures  which  may  be  instituted
by  the  employer  or  the  employees’  representatives  where
either  party  considers  that  the  other  party  is  in  breach  of
the  obligations  provided  for  in  Article  5.

2.(cid:218)(cid:217)Member  States  shall  provide  for  adequate  penalties
to  be  applicable  in  the  event  of  infringement  of  this
Directive  by  the  employer  or  the  employees’  represen(cid:220)
tatives.  These  penalties  must  be  effective,  proportionate
and  dissuasive.

3.(cid:218)(cid:217)Member  States  shall  provide  that  in  case  of  serious
breach  by  the  employer  of  the  information  and  consul(cid:220)
tation  obligations  in  respect  of  the  decisions  referred  to
in  Article  4(1)(c)  of  this  Directive,  where  such  decisions
would  have  direct  and  immediate  consequences  in  terms
of  substantial  change  or  termination  of  the  employment
contracts  or  employment  relations,  these  decisions  shall
have  no  legal  effect  on  the  employment  contracts  or
employment  relationships  of  the  employees  affected.  The
non  production  of  legal  effects  will  continue  until  such
time  as  the  employer  has  fulfilled  his  obligations  or,  if
this  is  no  longer  possible,  adequate  redress  has  been
established,  in  accordance  with  the  arrangements  and
procedures  to  be  determined  by  the  Member  States.

The  provision  of  the  previous  paragraph  also  applies  to
corresponding  obligations  under  the  agreements  referred
to  in  Article  3.

Within  the  meaning  of  the  previous  paragraphs,  serious
breaches  are:

(a)(cid:217)the  total  absence  of  information  and/or  consultation
of  the  employees’  representatives  prior  to  a  decision
being  taken  or  the  public  announcement  of  that
decision;  or

(b) the  withholding  of 

information  or
provision  of  false  information  rendering  ineffective
the  exercise  of  the  right  to  information  and  consul(cid:220)
tation.

important 

Article  8

Link  between  this  Directive  and  other  Community  and
national  provisions

1.(cid:218)(cid:217)This  Directive  constitutes  the  general  framework
for  employee  information  and  consultation  in  under(cid:220)

takings  in  the  European  Community.  It  is  also  applicable
to  the  information  and  consultation  procedures  set  out  in
Article  2  of  Council  Directive  98/59/EC  and  Article  6  of
Directive  77/187/EC.

2.(cid:218)(cid:217)This  Directive  does  not  prejudice  the  provisions
adopted  in  accordance  with  Council  Directive  94/45/EC
the  establishment  of  a
of  24  September  1994  on 
in
or 
European  Works  Council 
Community(cid:220)scale  undertakings  and  Community(cid:220)scale
groups  of  undertakings  for  the  purposes  of  informing
and  consulting  employees.

procedure 

a 

3.(cid:218)(cid:217)This  Directive  shall  be  without  prejudice  to  other
rights  of  employees  to 
information,  consultation  and
participation  under  national  law.

Article  9

Transposition  of  the  Directive

1.(cid:218)(cid:217)Member  States  shall  adopt  the  laws,  regulations
and  administrative  provisions  necessary  to  comply  with
this  Directive  no  later  than  .(cid:216).(cid:216).  (two  years  after  adoption)
or  shall  ensure  that  the  social  partners  introduce  the
required  provisions  by  way  of  agreement,  the  Member
States  being  obliged  to  take  all  necessary  steps  enabling
them  to  guarantee  the  results  imposed  by  this  Directive
at  all  times.  They  shall  forthwith  inform  the  Commission
thereof.

2.(cid:218)(cid:217)Where  Member  States  adopt  these  provisions,  they
shall  contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
such
official  publication.  The  methods  of  making 
reference  shall  be  laid  down  by  the  Member  States.

Article  10

Review  by  the  Commission

later  than 

.(cid:216).(cid:216).  (five  years  after  adoption),  the
Not 
Commission  shall, 
in  consultation  with  the  Member
States  and  the  social  partners  at  Community  level,  review
the  application  of  this  Directive  with  a  view  to  proposing
to  the  Council  any  necessary  amendments.

Article  11

This  Directive  is  addressed  to  the  Member  States.

TABLE  I:  STATUS  AND  AIM  OF  NATIONAL  PROVISIONS  ON  INFORMATION  AND  CONSULTATION

ANNEX

Main  legal  basis  or  agreement

Status  of  information  and  consultation

Aim

Germany

Act

Obligation  +  right

Collective  agreements  may  provide
for 
or
derogations

representation 

additional 

Employer  and  works  council  must  cooperate  in  a  spirit  of  trust  (.(cid:216).(cid:216).)  for
the  well(cid:220)being  of  employees  and  smooth  running  of  the  establishment

They  must  address  contentious  matters  with  a  genuine  desire  to  reach
agreement  and  present  proposals  intended  to  settle  differences  between
their  points  of  view

United  Kingdom

Code  of  conduct

Act:  collective  redundancies,  transfers,
information  on  negotiations

Voluntary, 
negotiations 
directives

except 
and 

information  on
of
transposition 

Information  with  a  view  to  negotiating  with  recognised  unions

Ireland

Code  of  conduct

Act:  collective  redundancies,  transfers

Three(cid:220)year  agreement

Voluntary, 
directives

except 

transposition  of

Information  with  a  view  to  negotiating

In  Partnership  2000,  agreement:  to  develop  partnership  at  undertaking
level

Belgium

Act,  royal  decrees  and  collective  labour
agreements

Right  +  obligation

The  function  of  the  works  council  is  to  involve  employees  more  closely
in  the  running  of  the  undertaking  and  forward(cid:220)looking  employment
policy  with  a  view  to  creating  a  better  climate  between  employers  and
employees  by  improving  organisation  of  the  right  to  information  and
consultation  enjoyed  by  employees’  representatives,  while  respecting  the
head  of  the  undertaking’s  management  responsibilities  and  rights

Luxembourg

Act  (+  undertaking  agreements)

Obligation

Workforce  delegation:  to  safeguard  and  protect  employees’  rights

Joint  committee:  non(cid:220)specified  general  scope,  various  duties

Netherlands

Act  +  collective  agreements

Obligation

Works  council:  in  the  interests  of  the  smooth  running  of  the  undertaking
in  all  respects,  and  to  the  benefit  of  consultation  with  the  workforce
representation

Denmark

Inter(cid:220)federation  agreement

Obligation

Act:  coll.  redundancies,  transfers

Implementation  of  permanent  cooperation.  The  parties  attempt  to  reach
agreement  by  codetermination  within  the  Cooperation  Committee

C

2
/
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Main  legal  basis  or  agreement

Status  of  information  and  consultation

Aim

Italy

Constitution  +  Act  +  inter(cid:220)federation
agreement(cid:216)+(cid:216)sectoral  collective
agreement

Right

Obligation 
agreements

under 

some 

collective

Spain

Act  (+  inter(cid:220)federation  agreement)

Right  +  obligation

Portugal

Greece

France

Sweden

Finland

Act

Act

Act

Act

Right

Right

Obligation

Austria

Act

Obligation

Act  +  collectives  agreements

Obligation

Obligation

Union  representation  of  employees

Constitution:  with  a  view  to  the  employee’s  economic  and  social  devel(cid:220)
opment  and  in  line  with  production  requirements,  the  State  recognises
the  right  of  employees  to  participate  in  undertaking  management  in  the
manner  and  within  the  limits  laid  down  by  the  law

Inter(cid:220)federation  agreement:  joint  assessment  of  the  situation  and  devel(cid:220)
opment  of  the  undertaking,  treatment  of  the  social  effects  of  changes  and
restructuring,  regulations  on  negotiations

Employees  are  entitled  to  participate  in  the  management  of  their  under(cid:220)
taking  through  their  representative  bodies

Inter(cid:220)federation  agreement: 
communication  and  dialogue  at  all  levels

through  negotiation, 

improvement  of

To  protect  employees’  interests  and  play  a  democratic  role  in  the  life  of
the  undertaking

Participation  and  consultation  role  (.(cid:216).(cid:216).)  with  the  aim  of  improving
workers’  terms  and  conditions  of  employment  in  connection  with  the
development  of  the  undertaking

Collective  voice  of  employees,  allowing  their  interests  to  be  considered
whenever  decisions  are  being  made  on  the  undertaking’s  economic  and
financial  development,  work  organisation,  vocational 
training,  and
production  processes

With  the  aim  of  developing  the  undertaking’s  activities, 
improving
working  conditions,  and  encouraging  codetermination  between  employer
and  employees  and  within  the  workforce, 
is  necessary  to  offer
employees  greater  scope  for  influencing  matters  relating  to  work  and  the
workplace

it 

To  safeguard  and  promote  employees’  economic,  social,  health  and
cultural  interests,  to  permit  compensation  of  interests  for  the  good  of
both  employees  and  undertaking

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C
2
/
9

 
 
 
 
 
 
TABLE  II:  INFORMATION  AND  CONSULTATION  THRESHOLDS

Body  or  arrangement

Base  level

Threshold  (number  of  employees)

Germany

Betriebsrat  (works  council)

Economic  committee

Establishment

Undertaking

5  permanent  employees

100  permanent  employees

United  Kingdom

Recognised  union  or  elected  representatives

Establishment

20  employees  for  information/consultation  in  the
event  of  collective  redundancies

Ireland

Belgium

Recognised  union

Works  council

Establishment

no  threshold

Establishment  (or  undertaking)

100

Information  and  consultation  through  committee  on  health  and
safety  at  work  or  trade(cid:220)union  delegation

Establishment

Luxembourg

Workforce  delegation

Joint  committee

Netherlands

Works  council

Direct 
matters

information  and  consultation  on  economic  and  social

Denmark

Italy

Spain

Portugal

Greece

Cooperation  committees

Tillidsmanden  (shop  steward)

Trade  union  representation

Agriculture

Workforce  delegates

Works  council

Workers’  committee

Trade  union  organisation

Workers’  council

Establishment

Undertaking

Establishment

Establishment

Undertaking

Undertaking

Establishment

Establishment

Establishment

Establishment

Undertaking

no  threshold

Undertaking

Establishment

20

50

20(cid:220)100

15

150

35

10(cid:220)35

35

5(cid:220)6  depending  on  collective  agreement

15

5

6(cid:220)50

50

C

2
/
1
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Body  or  arrangement

Base  level

Threshold  (number  of  employees)

France

Sweden

Finland

Austria

Workforce  delegates

Works  council

Union  delegates

Codetermination  Act  (Union  delegates)

Collective  redundancy  (Union  delegates)

Betriebsrat  (works  council)

Establishment

Undertaking

Establishment

Undertaking

Establishment

Establishment

11

50

no  threshold

30

20

5  permanent  employees

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
1
1

 
 
 
 
 
 
TABLE  III:  LEVELS  OF  EMPLOYEE  REPRESENTATION  REGARDING  INFORMATION  AND  CONSULTATION

Establishment

Inter(cid:220)establishment  or  undertaking

National  group

European
(Directive  94/45/CE)

Germany

Works  council

General  works  council

Statutory

Group  works  council

Arrangements  variable

Transposing  Act

United  Kingdom

Shop  stewards  if
unions  recognised

Single(cid:220)employer
combined  committee

Joint  consultative
committee  voluntary

Higher  level  joint
committee

Irregular

Irregular

Ireland

Belgium

Shop  stewards

Co(cid:220)ordination

Some  cases

Works  council

Joint  meetings

Possible

Luxembourg

Workforce  delegation

Joint  works  council

Statutory

Delegates’  committees

Few

Voluntary  until
December  1999

Transposing  Act

Act  +  transposing
collective  agreement

Act  pending

Netherlands

Works  council

Central  works  council

Optional

Group  works  council

Arrangements  variable

Transposing  Act

Denmark

Italy

Cooperation
committee

Central  or  main
committee

Optional

Single  union
representation

Co(cid:220)ordination

Usual

Co(cid:220)ordination

In  most  groups

Spain

Works  council

Inter(cid:220)centre  committee

Depending  on
collective  agreement

Portugal

(Sub(cid:220)committee)

Workers’  committee

Optional

Transposing  Act

Transposing
interfederation
agreement

Transposing  Act

Act  pending

Greece

France

Workers’  council

Co(cid:220)ordination

Possible

Co(cid:220)ordination

Possible

Transposing  decree

Establishment
committee

Central  undertaking
council

Statutory

Group  council

Statutory

Transposing  Act

C

2
/
1
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Sweden

Finland

Establishment

Inter(cid:220)establishment  or  undertaking

National  group

European
(Directive  94/45/CE)

Union  delegates

Negotiating  body

Usual

Negotiating  body

Usual

Transposing  Act

Union  delegation

Union  delegation

Codetermination  rights
at  undertaking  level

Form  of  cooperation

Austria

Works  council

Central  works  council

Statutory

Group  representation

According  to
agreement  +
subsidiary
requirements

Transposing  Act

Enlarged  option  since
1993

Transposing  Act

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
1
3

 
 
 
 
 
 
TABLE  IV:  OBJECT  AND  MANNER  OF  INFORMATION  AND  CONSULTATION

Information

Consultation

Germany

The  works  council,  in  performing  its  tasks  (.(cid:216).(cid:216).),  must  be  informed  fully  and
in  good  time  by  the  employer.  Documents  essential  to  the  performance  of  its
tasks  must  be  placed  at  its  disposal  on  request  at  any  time

Consultation  prior  to  decisions

Right  to  be  consulted,  usually  after  a  period  of  thinking  time  with  a  view  to
expressing  an  opinion  in  full  knowledge  of  the  facts

Favourable  opinion  or  agreement  needed  in  some  cases

United  Kingdom

Information  and  consultation  compulsory  in  the  event  of  collective  redundancies  and  transfers.  Voluntary  in  other  cases

Ireland

Belgium

Provision  of  information  to  unions  with  a  view  to  collective  bargaining

Voluntary  in  other  cases

Information  and  consultation  compulsory  in  the  event  of  collective  redundancies  and  transfers.  Voluntary  in  other  cases

Information  prior  to  decisions,  coherent  and  comparable  in  time,  is  the
subject  of  comments  and  exchanges  of  views.  The  members  of  the  works
council  may  ask  for  additional  information,  put  questions,  and  express
criticism,  suggestions  and  opinions;  the  head  of  the  undertaking  must  say
how  he  intends  to  follow  these  up

Economic  and  financial  information  must  be  supplemented,  where  appro(cid:220)
priate,  by  similar  information  on  the  legal  entity  and  information  on  the
economic  and  financial  entity  which  the  undertaking  forms  part  of

A  written  report  is  required  in  certain  cases

Consultation  prior  to  decisions

In  the  event  of  major  changes:  information  in  good  time  and  before  dissemi(cid:220)
nation,  proper  consultation  in  advance,  especially  on  the  repercussions  on
employment

If  collective  redundancies  are  planned:  a  series  of  meetings  with  the  represen(cid:220)
tative  bodies,  possibility  of  presenting  arguments  to  avoid  or  limit  the  effects,
possibility  of  proposing  alternative  solutions.  The  employer  must  consider  and
reply  to  questions,  arguments  and  proposals

Luxembourg

Transmission  of  information  to  representatives  on  the  running  and  status  of
the  undertaking

+(cid:216)annual  general  report

Regular  consultation,  also  in  writing

Reasoned  replies 
decisions  likely  to  have  a  decisive  influence

to  Joint  Committee  opinions(cid:216)+(cid:216)consultation  prior 

to

Netherlands

The  head  of  the  undertaking  is  required,  on  request,  to  provide  (.(cid:216).(cid:216).)  full
information  and  details  which  the  central  works  council  needs  in  order  to
perform  its  functions

On  request:  in  writing(cid:216)+(cid:216)specific  information

The  head  of  the  undertaking  must  request  an  opinion,  in  time  for  it  to
influence  the  decision  to  be  taken,  by  transmitting  details  of  the  reasons  for
decisions  and  the  consequences.  A  consultation  meeting  must  take  place  before
the  works  council  expresses  its  opinion.  When  the  works  council  has  expressed
an  opinion,  it  must  be  notified  of  the  decision  in  writing  by  the  head  of  the
undertaking,  together  with  the  reasons  why  it  is  not  consistent  with  the
opinion  where  this  is  the  case

C

2
/
1
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Denmark

Italy

Spain

Portugal

Greece

France

Sweden

Information

Consultation

Information  must  be  presented  in  accessible  form,  early  enough  for  an
opinion  to  be  expressed  and  proposals  made

The  parties  attempt  to  reach  an  agreement

Information/consultation:  according  to  sectoral  collective  agreement(cid:216)+(cid:216)compulsory  in  the  event  of  redundancies  and  transfers

+(cid:216)assessment  of  the  situation  by  the  parties  to  obtain  common  information
needed  to  define  the  objectives  of  undertaking  negotiations

+(cid:216)contacts  prior  to  negotiations

Information/consultation:  different  procedures  depending  on  subject

+(cid:216)information  for  employees  on  subjects  likely  to  have  direct  or  indirect
repercussions  on  industrial  relations

Prior  consultation  in  the  event  of  changes  likely  to  affect  employees

Right  to  receive  all 
functions

information  they  need 

in  order  to  perform  their

Opinion  prior  to  decisions

Regular  information(cid:216)+(cid:216)before  implementation  of  decisions

Deliberation  with  the  employer

Regular  information(cid:216)+(cid:216)on  certain  occasions(cid:216)+(cid:216)right  to  carry  out  studies  and
research  needed  for  performance  of  functions

Different  procedures  depending  on  subject

The  works  council  must,  in  order  to  draw  up  a  reasoned  opinion,  be  provided
with  precise  information  in  writing,  sufficient  time  to  consider  the  matter,  and
the  employer’s  reasoned  response  to 
its  observations.  Consultation  must
precede  the  taking  and  implementing  of  decisions

The  employer  must  keep  the  trade  union  organisations  (.(cid:216).(cid:216).)  regularly
informed  of  production  and  financial  developments,  as  well  as  the  main
points  of  staff  policy.  If  possible  without  excessive  cost  or  inconvenience,  the
employer  must,  at  the  request  of  the  trade  union  organisations,  provide  them
with  copies  of  documents  and  help  them  to  examine  the  various  matters
(accounts,  economic  aspects)

Before  deciding  on  a  major  change  in  activity,  the  employer  must,  on  his  own
initiative,  negotiate  with  the  trade  union  organisation  (.(cid:216).(cid:216).).  The  employer
must  suspend  his  decision  during  negotiations

Finland

Information  must  be  presented  in  a  way  that  permits  discussion  on  the
subject

Before  any  major  decision,  the  employer  must  negotiate  with  the  employees
concerned  or  their  representatives  (.(cid:216).(cid:216).)  to  discuss  the  reasons  for  the  planned
decision,  its  effects  and  the  possible  alternatives.  Proposals  must  be  tabled  in
writing  five  days  before  the  start  of  negotiations

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
1
5

 
 
 
 
 
 
Austria

The  works  council  may  request  copies  of  available  documents

Consultation  on  current  matters  at  least  once  every  three  months,  or  once  a
month  at  the  works  council’s  request

Information

Consultation

Information  and  consultation:  the  employer  is  required  to  keep  the  works  council  informed  and  consult  it  at  its  request

Procedures  depending  on  subject

If  changes  are  planned,  the  plans  must  be  transmitted  as  soon  as  possible,  and  in  any  event  early  enough  to  permit  consultation

The  works  council  may  make  proposals

C

2
/
1
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
TABLE  Va:  SUBJECTS  AND  PROCEDURES  FOR  INFORMATION  AND  CONSULTATION  -  ECONOMIC  MATTERS

Information  and  consultation  of  specific  workforce  representation;  does  not  take  account  of  any  possible  participation  of  representatives  in  the  undertaking’s  social  bodies

e(cid:216)=(cid:216)establishment/u(cid:216)=(cid:216)undertaking/n(cid:216)=(cid:216)threshold/-(cid:216)=(cid:216)no(cid:216)threshold

Structure

Economic  and  financial  situation

Development  of  activities

Production  and  sales

Investment  projects

Germany

Immediate  information  and
prior  consultation  in  the
event  of  structural  changes
e20

Information:  once  a  year
(assembly)
e5

Information:  once  a  year
(assembly)
e5

Full  and  immediate
information
u100

Full  and  immediate
information
u100

Information:  4  times  a  year
in  writing

Economic  committee  to
meet  once  a  month
u100

Information:  4  times  a  year
e20  (orally)
e1000  (in  writing)

Meeting  to  discuss  annual
balance  sheet
u100

Economic  committee  to  be
provided  with  full  and
immediate  information
u100

United  Kingdom

Information  and  consultation  voluntary

Ireland

Belgium

Basic  dossier  every  4  years

Articles,  organisation,
financial  structure
e50

Information  and  consultation  voluntary

Information  once  a  year:
written  report(cid:216)+(cid:216)auditor  +
meeting

Information  4  times  a  year
on  situation  as  regards
achievement  of  production
and  productivity  objectives

Written  summary  15  days
before  meeting
e50

Basic  dossier  every  4  years
Production,  productivity

Information  once  a  year:
state  of  the  market,  order
book

Information  4  times  a  year:
anticipated  sales  trends,
orders,  market,  stocks:
Meeting(cid:216)+(cid:216)written  report
15  days  before  meeting
e50

Information  once  a  year:
development  programmes
e50

Basic  dossier  every  4  years:
competition  position,
productivity,  cost  prices,
personnel  costs

Information  once  a  year:
balance  over  3  years.  Profit
and  loss  accounts:  report  in
writing(cid:216)+(cid:216)auditor(cid:216)+
meeting

Information  4  times  a  year:
anticipated  development  of
costs,  cost  prices,  budget
management,  possibly  by
objective

Written  summary  15  days
before  meeting
e50

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
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s

C

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1
7

 
 
 
 
 
 
Structure

Economic  and  financial  situation

Development  of  activities

Production  and  sales

Investment  projects

Luxembourg

Annual  report

Written  report  and
consultation  twice  a  year  on
developments

Prior  information  and
consultation  on  decisive
changes
e15

Annual  report
e15

Annual  report
e15

Annual  report
e15

Information  and
consultation  once  a  year:
accounts
u150

Written  report,  consultation
twice  a  year  developments
u150

Written  report  and
consultation  twice  a  year
u150

Information  on  running  of
undertaking  once  a  month
u150

Written  report  and
consultation  twice  a  year  on
developments
u150

Annual  report  on  investments
made
e15

+(cid:216)written  report  and
consultation  twice  a  year
u150

Prior  information  and
consultation  on  investment
policy  repercussions
u150

Netherlands

Denmark

Italy

Spain

Basic  information  in  writing
every  2  years
e35

Annual  report  on
accounts(cid:216)+(cid:216)chartered
accountant

Consultation  on  transfer  of
authority
e35

explanation  of  reasons  and
consequences,  consultation
meeting,  opinion  with
1(cid:220)month  staying  effect

Information  on  forecast
documents

Information  twice  a  year  on
undertaking  results  and
forecasts
e10  (direct)
e35

Information  twice  a  year  on
the  undertaking’s  operation,
activities  and  forecasts
e10  (direct)
e35

Information  twice  a  year  on
activities  and  forecasts
e10  (direct)
e35

Information  twice  a  year  on
investments  in  the
Netherlands  and  abroad

Explanation  of  reasons  and
consequences,  consultation
meeting,  opinion  with
1(cid:220)month  staying  effect
e35

Information  6  times  a  year  on  situation  and  forecasts(cid:217)(cid:217)u35

Procedures  depend  on  branch  and  undertaking  agreements(cid:217)(cid:217)e15  (5  agricultural  sector)

Prior  information  and
consultation  on  changes  in
articles

Opinion  within  15  days
e6

Examination  of  accounts

Regular  information  on  the
economic  situation  in  the
sector
e6

Information  4  times  a  year
e6

Information  4  times  a  year
on  the  situation(cid:216)
+(cid:216)production  programme
e6

e6

C

2
/
1
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Structure

Economic  and  financial  situation

Development  of  activities

Production  and  sales

Investment  projects

Portugal

Information  on  plans  for
changes
u-

Information  on  the  situation
regarding  accounts,  budget
and  financing  procedures

Opinion  on  budget  and
financial  plans
u-

Information  on  general
activity  plan  -  Plans  for
changes
u-

Information  on  production
organisation;  rates  of  use  of
personnel  and  equipment

Information  and  opinions  on
plans  and  budgets
u-

Information  on  forecasts,
sales  volume  and
administration,  supplies
u-

Greece

Prior  information  and
consultation  on  reasons  for
and  effects  of  changes
u20

Possibility  of  requesting  any
information  on  the
economic  situation  and
policy

Annual  information
e50

Negotiations
u20

General  operation
u20(cid:217)(cid:217)e50

Annual  information
e50

Negotiations,  general
operation
u20(cid:217)(cid:217)e50

Annual  information

Proposals  on  means  of
improving  productivity  of  all
production  factors
e50

Prior  information
e50

France

Sweden

Basic  document  every
2(cid:217)years
u50

Annual  report  on  transfers
of  capital

Information  to  group
committee
u50

Annual  report  containing
turnover  and  profit  figures,
distribution,  etc.
u50

Annual  accounting  docu(cid:220)
ments(cid:216)+(cid:216)analysis
by  chartered  accountant
u50

Basic  document  every
2(cid:217)years
u50

Annual  report
u50

Consultation  on  the  general
running  of  the  undertaking
u50

Annual  report:  4  times  a
year  trends  in  orders  and
development  of  production
programme  -  oral
u300

Annual  report  on  investments
u50

Information  in  the  event  of
changes
e-

Obligation  to  negotiate,
with  staying  effect  in  the
event  of  major  change

Regular  information

Regular  information

Possibility  of  examining
accounts
e-

Obligation  to  negotiate,
with  staying  effect  in  the
event  of  major  change
e-

Regular  information
e-

Obligation  to  negotiate,  with
staying  effect  in  the  event  of
major  change
e-

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
1
9

 
 
 
 
 
 
Structure

Economic  and  financial  situation

Development  of  activities

Production  and  sales

Investment  projects

Finland

Immediate  information  in
the  event  of  important
changes
u30

Information  on  accounts

Report  twice  a  year  on  the
economic  situation  and
outlook(cid:216)+(cid:216)at  group  level
where  appropriate
u30

Report  twice  a  year  on  the
situation,  indicating  the
outlook  in  terms  of
production,  markets  and
cost  structure(cid:216)+(cid:216)at  group
level  where  appropriate
u30

Obligation  to  negotiate,  on
the  basis  of  written  proposals,
before  any  major  investment:
6(cid:220)week  staying  effect  if  the
workforce  is  to  be  cut
u30

Report  twice  a  year  on  the
economic  situation

Immediate  information  in
the  event  of  important
changes  in  economic  and
financial  trends

Obligation  to  negotiate,  on
the  basis  of  written
proposals,  before  any
change  in  activities  affecting
the  situation  of  the
workforce:  6(cid:220)week  staying
effect  if  the  workforce  is  to
be  cut
u30

Austria

Information  and
consultation  in  the  event  of
changes
e5

Transmission  annual
balance  sheet(cid:216)+(cid:216)necessary
explanations

Information  and
consultation  on  the
economic  and  financial
situation

Access  to  available
documents
e5

Information  and
consultation  on  the  situation
and  outlook,  with  access  to
available  documents

Information  and
consultation  on  the  order
situation  and  the  nature  and
volume  of  production

Information  and  consultation
on  investment  projects

Access  to  available  documents
e5

Consultation  4  times  a  year
(once  a  month  on  request)
on  current  matters

Access  to  available
documents
e5

The  works  council  may
request  documentation
e5

C

2
/
2
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
TABLE  Vb:  SUBJECTS  AND  PROCEDURES  FOR  INFORMATION  AND  CONSULTATION  -  EMPLOYMENT

Situation

Structure

Anticipated  developments

Anticipatory  measures
Employability

Training  plan

Germany

Information  once  a  year
(assembly)

Regular  information
e5

Regular  information

Codetermination  on
assessment  and
remuneration  rules

Agreement  on  selection
rules  and  individual
measures
e5

Full  and  prompt
information,  prior
consultation

The  works  council  may
present  proposals
e5

Full  and  prompt  information,  prior  consultation
e5

Codetermination  on  application  measures:  agreement  between
works  council  and  employer,  conciliation  committee  if  no
agreement  reached
e20

United  Kingdom

Information  and  consultation  voluntary

Ireland

Information  and  consultation  voluntary

Belgium

Annual  information  in  writing,  by  subject

Consultation  on  personnel  policy
e50

Consultation  on  vocational
training  and  retraining
measures
e50

Annual  information  in
writing,  by  subject

Consultation  on
employment  policy

Consultation  on  vocational
training  and  retraining
measures
e50

Annual  information  in
writing,  by  subject
Information  4  times  a  year
on  anticipated  employment
developments  -  written
summary  15  days  before
meeting

Information  in  writing
4  times  a  year  on
achievement  of  forecasts,
discrepancies  between
objectives  and  achievements,
changes  to  forecasts
e50

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
2
1

 
 
 
 
 
 
Situation

Structure

Anticipated  developments

Anticipatory  measures
Employability

Training  plan

Luxembourg

Workforce  delegation:  opinion  and  proposal  on  improvement
of  terms  and  conditions  of  employment
e15

Information  and  consultation  once  a  year  on  current  and
expected  labour  force  needs  and  training/further
training/retraining  measures  which  might  result

Information  and  consultation  on  decisions  with  a  decisive
impact  on  planned  social  measures
u150

Consultation  before
transmission  of  application
for  overtime  or  part(cid:220)time
working
u150

Workforce  delegation:
opinion  and  proposal  on
improvement  of  terms  and
conditions  of  employment
u150

Information  and  consultation
once  a  year

Prior  information  and
consultation  on  training
measures  before  decisions
u150

Netherlands

Annual  social  report
e35

Annual  social  report

Annual  social  report

Annual  social  report

Compulsory  agreement  on
rules  for  recruitment,
redundancy,  promotion  and
assessment
e35

Consultation  on
recruitment,  opinion  with
1(cid:220)month  staying  effect
e35

Compulsory  agreement  on
rules  for  recruitment,
redundancy,  promotion,
assessment  and  training
e35

Obligation  to  draw  up  a
training  plan

Compulsory  agreement  on
training  rules
e35

Denmark

Italy

Spain

Information  and  consultation  6  times  a  year  (cid:217)(cid:217)u150

Procedures  depend  on  branch  and  undertaking  agreements

Information  on  all  employment  contracts
e6

Information  4  times  a  year
on  probable  development  of
employment,  expected  new
contracts
e6

Information  on  mobility
decisions

Information  and
consultation  on  assessments
regarding  jobs  and
restructuring

Opinion  within  15  days
e6

Information  and  consultation

Opinion  within  15  days
e6

Portugal

Information  on  personnel  management

Information  on  personnel  management

Consultation  on  the  social  balance  sheet
u-

Prior  opinion  on  changes  to  classifications,  promotions
u-

Recommendations  on
apprenticeships,  retraining,
further  training
u-

C

2
/
2
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Situation

Structure

Anticipated  developments

Anticipatory  measures
Employability

Training  plan

Greece

Possibility  of  requesting  any  information  on  personnel  management  policy(cid:217)(cid:217)u20

Prior  information  on
changes
u20(cid:217)(cid:217)e50

Information
u20(cid:217)(cid:217)e50

Agreement  on  training
u20(cid:217)(cid:217)e50

Agreement  on  training
u20(cid:217)(cid:217)e50

France

Social  balance  sheet,  annual  summary  of  main  statistics:
information  and  consultation
u50

Meetings  of  training
committee
u50

Consultation  on  employment,  working  and  training  conditions(cid:218)u50

Annual  report  including
wage  trends
u50

Annual  report
u50

Productivity
u300

Monthly  analysis  of
employment  situation:  oral
u50

Annual  consultation  on
developments  in
employment,  skills,
annual/multiannual
forecasts,  explanations  of
discrepancies

Written  report  15  days
beforehand
u50

Annual  consultation
especially  on  planned  and
implemented  health(cid:216)&(cid:216)safety
and  training  measures

Written  report  15  days
beforehand
u50

Information  and
consultation  on  training
results  and  plans,  broken
down  by  category,  duration
and  type
u50

Sweden

Regular  information  on  personnel  policy(cid:218)e-

Prior  consultation  before
concluding  or  terminating
employment  contracts

Obligation  to  negotiate  on
management  planning
e-

Obligation  to  negotiate  on  management  planning
e-

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
2
3

 
 
 
 
 
 
Situation

Structure

Anticipated  developments

Anticipatory  measures
Employability

Training  plan

Finland

Regular  information  on  wage  statistics  by  category
u30

Group(cid:220)level  assessment  of
changes  envisaged  in  the
number  and  categories  of
employees
u30

Information  on  training  results  and  plans,  broken  down  by
category,  in  conjunction  with  employment  forecasts
u30

Obligation  to  negotiate  on
recruitment  criteria
u30

Obligation  to  negotiate  on  plans  concerning  employment
and  training  and  corresponding  employment  and  training
plans  associated  with  cuts  in  the  workforce  or  changes  to
contracts.  Discussion  of  reasons  for  decisions,  effects  and
possible  alternatives.  Written  proposals  to  be  submitted  five
days  before  the  start  of  negotiations
u30

Obligation  to  negotiate  on  the
vocational  training  budget
u30

Austria

Consultation  4  times  a  year,  on  request

Once  a  month  on  topical  matters

The  works  council  may  ask  for  documents
e5

Information  on  recruitment
needs  and  associated
personnel  measures
e5

Cooperation  procedure  on  training  and  retraining:  Agreement
between  works  council  and  employer.  Conciliation  committee
if  no  agreement  reached
e5

C

2
/
2
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
TABLE  Vc:  SUBJECTS  AND  PROCEDURES  FOR  INFORMATION  AND  CONSULTATION  -  CHANGES

Work  organisation

New  technologies

Production  transfers

Merger

Cutback/closure

Relocation

Germany

Full  and  immediate  information  (e-)(cid:216)+(cid:216)consultation  (e5)(cid:216)+(cid:216)codetermination  (agreement  between  works  council  and  employer;  conciliation  committee  if  no

agreement  reached)(cid:217)(cid:217)(e20)

United  Kingdom

Information  and  consultation  voluntary

Information  and  consultation  in  accordance  with  transfer  and  redundancy  directives(cid:218)e20

Ireland

Information  and  consultation  voluntary

Information  and  consultation  in  accordance  with  transfer  and  redundancy  directives(cid:218)e20

Belgium

Information  +
comments(cid:216)+(cid:216)written
summary  of  figures  -
if  possible  before
implementation

Consultation
e50

Consultation  3  months
before  implementation
e50

Information(cid:216)+(cid:216)comments(cid:216)+(cid:216)written  summary  of
figures  -  if  possible  before  implementation
e50

Immediate  information
to  works  council  and
employees
e20

Information  +
comments  +  written
summary  of  figures  -  if
possible  before
implementation
e50

Effective  prior  consultation  on  repercussions,  employment  prospects,  work  organisation  and  employment
policy

If  collective  redundancies  are  envisaged:  Written  report,  series  of  meetings,  replies  to  questions,
arguments  and  alternative  proposals
e20

Luxembourg

Prior  to  major  decisions,  information  and  consultation  on  employment  repercussions(cid:218)u150

Prior  information  and  consultation
e15

Information  and  consultation  in  the  event  of  redundancies(cid:217)(cid:217)(e15)  and  transfers(cid:217)(cid:217)(u150)

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

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/
2
5

 
 
 
 
 
 
Work  organisation

New  technologies

Production  transfers

Merger

Cutback/closure

Relocation

Netherlands

Compulsory  agreement  on  conditions  of
employment
e35

Consultation:  description  of  reasons  and  consequences,  consultation  meeting,  with  one(cid:220)month  staying
effect
e35

Information  and  consultation
e10  (direct)(cid:217)(cid:217)e35

Denmark

Italy

Spain

Portugal

Greece

Information  and  consultation  6  times  a  year
u35

Information  and  consultation  well  in  advance  (cid:218)u35(cid:218)(u20  for  collective  redundancies)

Consultation
e-

Consultation
e-

Procedures  depending  on  collective  agreement(cid:216)+(cid:216)information  &  consultation  on  collective
redundancies(cid:218)e20

Information,  consultation  and  negotiation  prior  to  changes  likely  to  affect  employees.  Opinion  within  15  days(cid:218)e6

u-

Opinion  prior  to
changes  in
classifications  and
working  hours

Recommendations  on
improvements  to  terms
and  conditions  of
employment
u-

Consultation:  opinion  prior  to  all  measures  leading  to  a  significant  cut  in  the  workforce  size  or  a
substantial  worsening  of  terms  and  conditions  of  employment
u-

Prior  information
e50

Prior  information
e50

Prior  information  on
reasons  and  effects
e50

Prior  information
e50

Prior  information
e50

Consultation  on
changes  to  working
hours

Proposals  on
improvements  to  terms
and  conditions  of
employment

Prior  consultation  where  collective  redundancies  are  planned(cid:218)u20

C

2
/
2
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Work  organisation

New  technologies

Production  transfers

Merger

Cutback/closure

Relocation

France

Information  on  production  method  changes  and
effects  on  work  and  employment:  4  times  a  year
u50

Information  and  consultation  prior  to  changes  in  financial  or  legal  organisation(cid:218)u20

Consultation
u50

Prior  consultation

u50

Possibility  of
consulting  experts
u50

Prior  information  in
the  event  of  takeover
bids
u50

Collective  redundancies(cid:218)e10

Sweden

Finland

Information  and  right  of  participation  in  the
event  of  changes  in  work  organisation  or  terms
and  conditions  of  employment
e-

Obligation  to  negotiate  prior  to  decisions  on  major  changes  in  activities;  decisions  must  be  suspended
during  negotiations.  If  no  agreement  can  be  reached  at  local  level,  negotiations  are  transferred  to  the
national(cid:220)level  social  partner  organisations
e-

Reorganisation:
obligation  to
negotiate:  discussion
of  reasons  for  decision,
effects  and  possible
alternatives

Written  proposals
submitted  5  days
before  start  of
negotiations
u30

Immediate  information  on  all  major  changes  in  the  economic  and  financial  situation  of  the  undertaking

Group  employees  to  be  informed  when  a  decision  is  planned  which  will  involve  a  significant  change  in
the  activities  of  the  group  or  a  group  undertaking  and  affect  the  personnel  situation

Obligation  to  negotiate:  discussion  of  reasons  for  the  decision,  effects  and  possible  alternatives.  Written
proposals  to  be  submitted  5  days  before  start  of  negotiations

In  the  event  of  workforce  cuts:  6(cid:220)week  negotiating  period,  unless  otherwise  agreed
e20

Obligation  to  negotiate

Use  of  subcontracting
u30

Obligation  to  negotiate
sufficiently  in  advance,
stating  reasons,
financial  and  economic
consequences  +
measures

Obligation  to  negotiate
on  employment
changes  and  changes
to  contracts  following
a  transfer  or  merger
u30

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
2
7

 
 
 
 
 
 
Work  organisation

New  technologies

Production  transfers

Merger

Cutback/closure

Relocation

Austria

Consultation
e5

Consultation
e5

Prior  consultation(cid:218)e5

In  groups:  information  and  right  to  consultation  on  current  measures  or  measures  planned  by  the
dominant  undertaking  concerning  changes  to  establishments  or  other  cases  with  major  implications  for
employees
e5

Cooperation  procedure  in  the  event  of  changes:  information  as  soon  as  possible,  and  well  enough  in
advance  to  permit  consultation  on  the  policy  adopted.  The  works  council  can  make  proposals.  In  the
event  of  major  disadvantages  for  employees,  there  must  be  an  agreement  between  the  works  council  and
the  employer.  Conciliation  committee  in  the  event  of  failure  to  reach  agreement
e20

C

2
/
2
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
TABLE  VI:  PROVISIONS  ON  THE  CONFIDENTIALITY  OF  INFORMATION

(national  provisions  relating  to  national  representations  or  European  works  councils)

Provisions  on  confidentiality

Information  excluded  from  information  rights  and  obligations

Germany

The  members  and  alternate  members  of  the  works  council  must  not  reveal  or
exploit  business  secrets  which  they  learn  as  a  result  of  their  works  council
activities  and  which  the  employer  has  specifically  designated  as  confidential

Where  the  undertaking’s  business  secrets  are  implicated

United  Kingdom

Strict  definition  of  confidentiality

(Precise  financial  or  economic  data  are  rarely  revealed)

Ireland

Respect  for  information  provided  in  confidence  (94/45/EC)

Information  considered  commercially  sensitive  by  the  management,  if  it  can
show  that  the  release  of  such  information  would  be  detrimental  to  the  group’s
economic  and  financial  interests  or  if  the  information  corresponds  to  the  rules
on  non(cid:220)release  of  information  as  agreed  between  management  and  workforce
representatives.  In  the  event  on  failure  to  agree  on  the  provision  of
information:  referral  to  "independent  arbiter’  (94/45/EC)

Belgium

The  head  of  the  undertaking  may  inform  the  works  council  that  certain
information  is  confidential  and  its  dissemination  is  likely  to  seriously  harm
the  undertaking’s  interests

The  head  of  the  undertaking  may  be  allowed  exemptions  from  the  principle  of
compulsory 
in  respect  of  specific  points  (e.g.  distribution
margins),  following  a  reasoned  request  to  an  official  of  the  Ministry  of
Economic  Affairs.  Such  requests  are  rare

information, 

Luxembourg

Respect  for  the  confidentiality  of  business  secrets  or  information  expressly
provided  by  the  undertaking  in  confidence

Netherlands

Respect  for  the  confidentiality  of  business  secrets  or  information  provided  by
the  undertaking  in  confidence  or  information  which  workforce  represen(cid:220)
tatives  must  treat  as  confidential.  The  management  may  not  claim  confiden(cid:220)
tiality  without  reasonable  grounds  and  must  specify  the  extent,  duration  and
persons  concerned

If  the  head  of  the  undertaking  refuses  to  provide  information  requested  by  the
works  council,  the  "industrial  commission’  must  give  a  ruling

Where  it  is  conceivable  that  the  functioning  of  the  group  will  be  seriously
harmed  (94/45/EC)

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
2
9

 
 
 
 
 
 
Denmark

Italy

Spain

Portugal

Greece

France

Sweden

Provisions  on  confidentiality

Information  excluded  from  information  rights  and  obligations

Obligation  to  treat  confidential  matters  as  such,  specific  cases  justified  by  the
undertaking’s  interests  (94/45/EC)

Specific  cases  justified  by  the  undertaking’s  interests,  where  the  information
would  inconvenience  or  harm  the  undertaking  (94/45/EC)

Respect  for  the  confidentiality  of  information  expressly  provided  by  the
undertaking  in  confidence  and  likely  to  seriously  harm  the  functioning  or
activities  of  the  undertaking

Respect  for  the  confidentiality  of  industrial  secrets  or  financial  transactions
(94/45/EC)

Information 
likely  to  disturb  the  market;  disagreements  on  provision  of
information  are  dealt  with  by  a  tripartite  conciliation  committee  (94/45/EC)

Observance  of  business  secrets,  especially  on  financial  matters  and  those
covered  by  a  requirement  to  the  effect  that  no  document  entrusted  to  the
works  council  by  the  undertaking  may  be  used  outside  the  immediate  scope
of  the  works  council  or  for  purposes  other  than  those  for  which  it  was  made
available

Information  on  industrial,  commercial  or  business  secrets,  manufacturing  tech(cid:220)
niques  or  processes,  strategic  commercial  data  on  markets,  clients  or  suppliers
(94/45/EC)

Financial  information,  where  dissemination  or  use  thereof  might  seriously
affect  the  operation  of  the  undertaking  or  cause  irreparable  damage  to  its
economic  or  financial  competitiveness  on  the  market  or  to  public  confidence
in  its  solvency,  functioning  or  product  quality  (94/45/EC)

Members  of  workforce  committees  are  bound  to  respect  the  confidentiality
of  information  received  in  that  capacity.  The  employer  must  justify  the
confidential  nature  of  information

Obligation  to  treat  information  of  particular  importance  to  the  undertaking
with  discretion,  and  possibility  of  agreement  on  the  provision  of  information
to  third  parties

The  subjects  covered  by  confidentiality  (bank  and  legal  transactions,  subjects
of  national 
to
importance,  patents,  etc.)  are  excluded  from 
information

the  right 

Members  of  the  works  council  and  trade  union  representatives  are  obliged  to
observe  confidentiality  as  regards  manufacturing  processes  and  to  treat  with
discretion  information  of  a  confidential  nature  specified  as  such  by  the
employer

Chartered  accountants  who  assist  works  councils  are  required  to  observe
professional  secrecy

A  party  required  to  provide  information  may  negotiate  on  its  confidentiality;
if  negotiations  fail,  and  there  is  a  serious  risk  of  substantial  damage  to  one
of  the  parties  or  to  a  third  party,  confidentiality  may  be  imposed  by  court
order

C

2
/
3
0

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Provisions  on  confidentiality

Information  excluded  from  information  rights  and  obligations

Finland

Austria

A  confidentiality  obligation  on  employees,  persons  providing  assistance  to
them,  and  their  representatives  applies  to  individual  data  on  the  under(cid:220)
in  the  absence  of  an
taking’s  financial  situation  and  state  of  health 
agreement  on 
to  commercial
information  presented  as  confidential  by  the  employer,  the  publicising  of
which  would  be  likely  to  harm  the  undertaking  or  one  of  its  partners

the  party  concerned,  and 

the  part  of 

Members  of  the  works  council  and  external  persons  are  required  to  observe
discretion  with  regard  to  personal  data  and  business  or  manufacturing
secrets  which  come  to  their  knowledge,  especially  those  concerning  instal(cid:220)
lations,  processes  and  technical  matters  which  are  presented  as  confidential

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
3
1

 
 
 
 
 
 
TABLE  VII:  PROTECTION  OF  EMPLOYEES’  REPRESENTATIVES

General  provisions

Special  protection

Germany

The  members  of  the  works  council  may  not  be  hindered  in  or  prevented
from  performing  their  duties.  They  must  not  be  favoured  or  placed  at  a
disadvantage.  Representatives  are  entitled  to  the  same  pay  rises  as  would  be
normal  for  their  original  job

Members  of  the  works  council  may  not  be  dismissed  without  the  prior
agreement  of  the  works  council  or,  failing  that,  the  labour  tribunal

Candidates  also  enjoy  special  protection  for  six  months.  A  period  of  protection
of  one  or  two  years,  including  training  courses,  follows  the  term  of  office  of
members

United  Kingdom

The  exercising  of  union  rights  at  the  workplace  is  protected  by  legislation,
which  makes  interference  by  the  employer  illegal

Protection  as  individuals  against  redundancy  in  the  event  of  discrimination  on
grounds  of  membership  (or  non(cid:220)membership)  of  a  union  and  against  unfair
dismissal  after  two  years’  service

Ireland

Exercise  of  union  rights

Redundancy  on  account  of  union  activities  is  illegal,  regardless  of  whether
such  activities  take  place  outside  working  time  or  are  authorised  under  the
terms  of  the  person’s  employment  contract

Belgium

Representatives  must  not  be  favoured  or  placed  at  a  disadvantage,  which
means  they  are  entitled  to  promotion  etc.  in  line  with  what  is  normal  for
their  job  category

Workforce  representatives  and  candidates  enjoy  special  protection  during  their
term  of  office;  restrictions  apply  as  regards  redundancy  and  career  devel(cid:220)
opment

Luxembourg

General  protection

Protection  against  redundancy  for  representatives,  candidates  (3  months)  and
former  members  (6  months)

Netherlands

General  protection

Protection  against  redundancy  for  representatives,  candidates  and  former
members  (for  two  years)

Denmark

General  protection

Protection  against  redundancy  and  discrimination

Italy

Spain

General  protection

General  protection

Protection  against  redundancy.  Union  agreement  needed  for  transfer  outside
the  establishment

Protection  against  penalties,  discrimination  and  redundancy  for  the  duration
of  the  term  of  office  and  the  following  year

C

2
/
3
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
General  provisions

Special  protection

Portugal

General  protection

Legal  protection  against  redundancy  for  the  duration  of  the  term  of  office  and
the  following  five  years

Greece

General  protection

Legal  protection  against  transfer  or  redundancy  for  the  duration  of  the  term
of  office  and  the  following  year

France

General  protection

Protection  against  discrimination  and  disciplinary  procedures

Impeding  union  activity,  i.e.  interfering  or  attempting  to  interfere  with  the
freedom  of  appointment,  the  proper  exercising  of  workforce  representatives’
functions  or  the  exercising  of  trade  union  rights  in  the  undertaking,  is  a
punishable  offence

Protection  against  redundancy  for  representatives,  candidates  (6  months)  and
former  members  (6  months).  Protected  employees  cannot  be  dismissed  without
a  prior  opinion  from  the  works  council  and  the  authorisation  of  the  labour
inspector

Sweden

Delegates  may  not  be  subjected  to  disadvantageous  employment  or  working
conditions  because  of  their  position  and  must,  at  the  end  of  their  term  of
office,  be  given  a  position  which 
in  terms  of
is 
employment  or  working  conditions,  to  the  one  they  would  have  been  in  if
they  had  not  held  office

identical  or  similar, 

Finland

General  protection

Change  of  job:  prior  consultation  with  the  union  and  discussions  where
appropriate

A  delegate  may  not  be  dismissed  for  holding  office

In  the  event  of  redundancies  owing  to  a  decline  in  business,  the  respresentative
must  be  given  priority  for  being  retained,  if  this  is  particularly  important  for
trade  union  activity  at  the  workplace.  If  the  representative  can  only  be
retained  through  a  transfer,  priority  applies  as  long  as  he/she  has  the  required
skills.  The  union’s  interpretation  with  regard  to  application  of  these  provisions
takes  priority

Protection  against  redundancy:  Delegates  may  be  dismissed  for  negligence
only  with  the  consent  of  the  majority  of  employees  represented.  Delegates
may  not  be  made  redundant  on  economic  grounds  unless  their 
is
completely  discontinued  and  it  is  not  possible  to  assign  them  to  another  job
commensurate  with  their  occupational  skills

job 

Austria

The  members  of  the  works  council  must  not  be  hindered  in  the  performance
of  theirs  duties  or  placed  at  a  disadvantage  with  regard  to  pay  or  promotion

The  members  and  alternate  members  of  the  works  council  may  not  be
dismissed  during  their  term  of  office  or  the  following  three  months,  except  on
the  basis  of  a  court  decision.  The  same  applies  to  candidates  during  the
election  process

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
3
3

 
 
 
 
 
 
TABLE  VIII:  RESOURCES  AVAILABLE  TO  EMPLOYEE  REPRESENTATIVES

Time

Training

Material  resources

Experts

Germany

Release  from  work  activity

Release  applies  also  for  training

Each  elected  representative:  3  weeks
during  term  of  office  (4  if  newly
elected)

Training  costs  covered  by  employer

Costs  of  works  council’s  activities
covered  by  employer,  who  must  also
provide 
the  necessary  premises,
physical  resources  and  clerical  staff

The  works  council  may  call  upon
experts  where  necessary  to  allow  it
to  perform 
functions  properly,
following  a  specific  agreement  with
the  employer

its 

United  Kingdom

Where  trade  unions  are  recognised,
free  time  must  be  granted,  within
reason,  to  union  officials  to  allow
them  to  carry  out  their  duties  and
obtain  training

Free  time  for  training

By  agreement

By  unions

Ireland

By  agreement

By  unions

By  agreement

By  unions

Belgium

Meetings  and  the  time  needed  to
carry  out  duties  are  regarded  as
working  time  and  paid  as  such.
Minimum  of  16  hours  to  examine
basic 
annual
information

information 

and 

Time  and  facilities  needed,  with  no
loss  of  pay,  for  training

Training  costs:  compensation  fund

Premises  and  materials  needed  for
meetings  provided  by  head  of
undertaking

The  works  council  may  call  on  the
assistance  of  experts  at  the  employer’s
expense

Facilities  needed  to  carry  out  duties
to  be  provided  under 
the  best
possible  circumstances

The  auditor  reports  to  the  works
council  on  the  annual  accounts  and
management  report

Luxembourg

Meetings  during  working  hours

Time  credit

Possibility  of 
during  working  time

attending 

training

Operating  costs  covered  by 
employer

the

Advisers  to  either  side  may  attend
meetings

C

2
/
3
4

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
Time

Training

Material  resources

Experts

Netherlands

Meetings  during  working  hours

Time  credit

Minimum  of  5  days  training  a  year
(paid)

Training  costs  covered  by  a  tax

Costs  covered  by 
the  employer:
possibility  of  agreement  on  annual
budget

Facilities  which  the  works  council
its
reasonably  needs 
functions

to  perform 

The  works  council  may  invite  one  or
more 
costs
experts.  Consultation 
borne  by  employer  if  he  is  informed  in
advance  of  the  costs  to  be  incurred

Disagreements  referred  to  Industrial
Commission

Denmark

Meetings  regarded  as  working  time

By  unions

Costs  covered  by  the  parties

By  unions

Amount  of  time  by  agreement

Italy

Spain

Time  credit

By  unions

Premises  provided

By  unions

Time  credit

By  unions

Premises  provided

By  unions

Portugal

Time  credit

By  unions

The  employer  must  provide 
necessary  resources

the

Permitted,  especially  relating  to  safety
and  hygiene

Experts  paid  by  unions

Greece

Time  credit

By  unions

Provision  of  premises

By  unions

France

Time  credit

Training  on  economic  matters  for  5
days  per  term  of  office.  Regarded
and  paid  as  working  time

Provision  of  properly 
premises  and  necessary  equipment

equipped

Operating  subsidy:  0,2(cid:216)%  of  wage
bill

council  may  ask  a
The  works 
chartered  accountant,  paid  by 
the
management,  to  examine  the  annual
accounts, 
for
the  economic  committee,  right  of
warning,  collective  redundancies

assistance 

forecasts, 

The  works  council  may  consult  an
the  management,
expert,  paid  by 
concerning  the 
introduction  of  new
technologies

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
3
5

 
 
 
 
 
 
Time

Training

Material  resources

Experts

Sweden

Finland

Austria

Time  spent  carrying  out  duties  is
paid

Possibility 
attending 
of 
training  without  loss  of  pay

union

Provision  of  meeting 
needed

room  as

Possibility  of  appointing  consultants
before  major  changes.  The  under(cid:220)
taking  must  pay,  as  long  as  the  costs
remain  reasonable

Time 
spent  on 
procedure  is  paid

codetermination

By  unions

Meeting  room

By  unions

Dispensation  from  work  activity

Training  time  3  or  5  weeks  per  term
of  office,  not  paid  by  employer

Possibility  of  setting  up  a  works
council 
financed  by  em(cid:220)
ployees’  contributions  of  0,5(cid:216)%  of
gross  pay

fund, 

consulting  qualified
Possibility  of 
persons  and  calling  in  experts  when
changes  are  planned

C

2
/
3
6

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9

 
 
 
 
 
 
TABLE  IX:  PENALTIES

Consequences  of  failing  to  comply  with  information  and  consultation  obligations  in  the  case  of  collective  redundancies

Germany

Redundancies  invalid,  may  lead  to  reinstatement  of  employee  or  increased  compensation

Penalties  for  hindering  or  disrupting  works  council’s  activities

United  Kingdom

"Protective  award’

Ireland

"Protective  award’

Belgium

Suspension  of  period  of  notice  if  in  progress.  If  the  employee  has  been  dismissed,  he  or  she  will  be  entitled  to  request  reinstatement  and  payment  of  lost  wages.
If  the  employee  is  not  reinstated,  he  or  she  is  entitled  to  extra  compensation  on  top  of  normal  redundancy  pay

Penalties  for  impeding  activities

Possible  loss  of  federal  government  aids

Luxembourg

Civil  compensation

Penalties  for  impeding  activities

Netherlands

Employees  entitled  to  request  reinstatement  (not  compulsory).  If  the  employer  does  not  agree  to  reinstatement,  he  must  pay  additional  compensation  plus  lost
wages

After  mediation  by  the  Industrial  Commission,  the  works  council  may  take  legal  action  to  enforce  compliance  with  the  law

Denmark

Fines

Italy

The  employer’s  notice  placing  employees  under  the  "mobility  scheme’  is  invalid

Immediate  proceedings  to  enforce  suspension  of  "anti(cid:220)union  attitude’:  penalties  for  failure  to  comply

Spain

Redundancies  invalid,  with  possibility  of  reinstatement  or  compensation/financial  penalties

Penalties  (serious  infringements)

5

.

1

.

1
9
9
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

C

2
/
3
7

 
 
 
 
 
 
Consequences  of  failing  to  comply  with  information  and  consultation  obligations  in  the  case  of  collective  redundancies

Portugal

Redundancies  invalid

Fine

Greece

Redundancies  invalid

Penalties  for  impeding  activities

France

Redundancy  procedure  and  its  effects  invalid.  Possibility  of  reinstatement  or  compensation

Administrative  decision  suspends  procedure  (obligation  to  restart  the  procedure)

Penalties  for  impeding  activities

Sweden

Priority  given  to  union  interpretations  during  proceedings  for  failure  to  comply  with  negotiated  or  statutory  provisions

Damages  payable  to  unions

Fine

Finland

Additional  compensation  for  employees

Fine  for  failure  to  cooperage

Austria

The  failure  must  be  taken  into  account  by  the  arbitration  committee  fixing  compensation  for  employees

Fine

C

2
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3
8

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n

C
o
m
m
u
n
i
t
i
e
s

5

.

1

.

1
9
9
9