Introducing EWCs
A European Works Council is a body set up in a multinational company that brings together employee representatives from across Europe, so that they can be informed and consulted by management on the company's plans and progress of the enterprises they are part of.
The Directive states that every multinational company that has at least 1000 employees in Europe and has 150 employees in at least two member states has to set up an EWC. This is a meeting between employers and employee representatives that takes place at least once a year. But an EWC does not just involve a meeting with European management. There is also a meeting of all employee representatives on their own, usually before the meeting with management, and often afterwards as well.
EWCs ensure employee representatives are given accurate information about the company. The employers must inform the representatives about the current status of the organisation, including its structure, economic and financial situation. They must also inform them of any probable business developments, imminent changes to its organisation and working methods, or cutbacks, closures or redundancies.
EWCs are also an opportunity for employee representatives to voice their views and concerns about company decisions to top managers, and to report back to their colleagues from other countries, exchanging information about the company and working conditions across Europe.
The Directive states that EWCs must at least cover the following topics:
- structure, economic and financial situation of the company
- probable developments of the business, and production and sales
- number of jobs and future prospects
- investment
- substantial changes in organisation, new working methods or processes
- transfers of production
- mergers, cutbacks or closures
- collective redundancies
In practice, EWCs often discuss more or even conclude transnational agreements. Training, equal opportunities or health and safety issues have already been on the agendas of EWCs.
EWC Legislation
European Works Council - 2009/38/EC
Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast).
Available in all Community languages here. (You can choose the language required by changing EN in the URL into DE for German, FR for french, etc.)
European Works Council - 1994/45/EC
Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. (This directive still applies until June 2011!)
Available in all Community languages here
European Works Council - 1997/74/EC
Council Directive 97/74/EC of 15 December 1977 extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees.
Available in all Community languages here
European Works Council - 2006/109/EC
(available only in PDF Format, you can choose the language required by changing EN in the URL into DE for German, FR for french, etc.
Council Directive 2006/109/EC of 20 November 2006 adapting Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, by reason of the accession of Bulgaria and Romania.
National Transpositions of the EWC Directive
The ETUI has collected all national transpositions of the EWC Directive here
Introducing SE-WCs
A European Company (SE) is a public limited-liability company, which is governed by Community law directly applicable in all EU member states. SE is the abbreviation for Societas Europeae which is the (formal) Latin name for “European Company”.
It may only be set up within the territory of the European Community. The conditions for this are laid down in two pieces of legislation: The Regulation on the Statute for a European Company (SE) and the Directive supplementing the Statute for a European Company with regard to the involvement of employees. The Council adopted both on 8 October 2001.
It is not an obligation for companies to establish an SE, only an option. But no SE with employees can be set up without an arrangement for involvement of the employees that is an SE Works Council (SE-WC). The procedure to set up an SE-WC is similar to that for an EWC.
Here you find a list of Frequently Asked Questions (FAQs) in EN, FR and DE around the SE and worker involvement within the SE.
The Nordea Unions' SE website gives information regarding the process of setting up an SE in the company.
SE Legislation
European Company Statute - 2001/86/EC
Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees
European Company Statute - 2157/2001
Council Regulation (EC) No. 2157/2001 of 8 October 2001 on the Statute for a European company (SE)
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