Opinion of the Committee of the Regions on the "Proposal for a Council Directive establishing a general framework for informing and consulting employees in the European Community"
Date: 2000-12-13
Institutions: BROWN, European Committee of the Regions
Subjects: cooperation policy, labour relations, social policy, worker consultation

C 144/58

EN

Official Journal of the European Communities

16.5.2001

Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive establishing a
general framework for informing and consulting employees in the European Community’

(2001/C 144/17)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Council Directive establishing a general framework for informing and
consulting employees in the European Community [COM(1998) 612 final — 1998/0315 (SYN];

having regard to the decision of the Council of 18 October 2000 to consult the Committee, in accordance
with the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision taken by its president on 8 November 2000 to instruct Commission 5 for
Social Policy, Public Health, Consumer Protection, Research and Tourism to draw up the relevant opinion;

having regard to the decision taken by its president on 8 November 2000 to appoint Mr Brown (UK/AE)
as rapporteur-general, under Rule 40(2) of its Rules of Procedure,

unanimously adopted the following opinion at its 36th plenary session on 13 and 14 December 2000
(meeting of 13 December).

Initial comments

The Committee of the Regions

5.
Notes that this Directive is designed to supplement
Community Directives on collective redundancies, the transfer
of undertakings and the European Works Council Directive
and the COR believes that this Directive will further strengthen
the European Social Model.

1. Welcomes the proposal for a Council Directive in the
important area of informing and consulting employees in the
European Community. The COR believes that consultation
between employers and employees is essential to maintaining
good industrial relations and argues that it is important to
develop a consensual rather than an adversarial approach to
relations in the workplace.

Believes that moves towards greater employee consul-
2.
tation is crucial in a fast moving world which is increasingly
influenced by technological change and globalisation.

3.
Believes that a European framework for consultation and
information of employees is important as all employees enjoy
freedom of movement throughout the European Union as a
result of the Single European Act. However, the Framework
needs to take account of subsidiarity and Member State
traditions in employee relations. This is a crucial consideration
because two Member States do not yet have a statutory system
of consultation and information flows between employers and
employees.

4.
Argues that the creation of a general framework should
give Member States and social partners a significant amount
of flexibility in developing procedures to incorporate the
framework in national policies.

The economic, social and legal context for the proposal

6.
Agrees that the adaptability of workers is an important
aspect of the European Employment Strategy. The Lisbon
European Council set a new strategic goal for the European
Union which was ‘to become the most competitive and
dynamic knowledge-based economy in the world capable of
sustainable economic growth with more and better jobs and
greater social cohesion’. One of the EU’s greatest strengths is
its workforce and the adaptability of workers will be crucial to
the achievement of this goal.

Notes that

7.
the Directive will cover a wide area of
industrial relations and would include issues such as lay-off,
short-time working, relocation and terms and conditions of
service. In order to prevent distortions of competition, the
notion of ‘workers’ should be interpreted within the meaning
of Article 39 of the EC Treaty.

16.5.2001

EN

Official Journal of the European Communities

C 144/59

Objectives

8.
Feels that a Directive is necessary to fill the gaps and
overcome the shortcomings in the employee information and
consultation provisions currently in force at national and
Community levels. While the objectives stress the need to
inform and consult employees on economic and strategic
developments affecting the company, the Directive also stresses
the need to develop flexibility in work organisation within a
framework of security and the need to enhance employees’
awareness of the need to adapt. The COR welcomes these
objectives and is particularly supportive of the need to stress
an increased flexibility and the need to adapt amongst
employees. The COR believes this is more easily achieved with
a spirit of cooperation and consultation.

The proposed provisions and their impact on national
systems

9.
Argues that the draft Directive will have significant
effects on two Member States which currently do not have a
statutory or negotiated legal framework establishing infor-
It will also have an
mation and consultation procedures.

Brussels, 13 December 2000.

impact on the thirteen Member States which have put
procedures into place.

Believes that the Implementation of the Directive will
10.
need careful thought so that subsidiarity and different Member
State traditions are respected. The length of time given to
Member States for the introduction of the Directive will also
be an important consideration.

11.
Stresses the importance of Article 5 in ensuring that
confidential commercial information is respected and that the
Directive does not disadvantage employers by disclosing
information which would be advantageous to their competi-
tors.

The proposed Directive and Small and Medium Sized
Enterprises (SMEs)

12.
Agrees with the European Commission that this Direc-
tive should not apply to SMEs employing less than fifty
employees.

13.
Agrees with the European Commission that the benefits
of the framework will spring from the increased commitment
of employees to deal with change. The improved competi-
tiveness that change brings to the enterprise and its work
organisation will also be an important factor.

The President

of the Committee of the Regions

Jos CHABERT