ETUC preparing for review of the EWC Directive - EWCs need resources to enforce information and consultation rights

(6 October 2014) Resources for European Works Councils to enforce respect by their employers of information and consultation rights and effective sanctions for companies that violate these rights are two of the main issues we should consider when discussing a review of the EWC directive, were two of the main points of the contribution of EPSU's General Secretary to the annual conference of ETUC and ETUI on European Works Councils.

He stressed that EWCs are often not sure who will pay for the legal expenses of taking the company to court when the company does not provide the information needed for the EWC to prepare its opinion. Or when the company makes a mockery of the consultation. Without such effective enforcement the companies can get away with breaching the letter and spirit of the directive.

The conference was discussing the role of EWCs in improving health and safety, and in restructuring. Several interesting examples were explained of how EWCs tackled health and safety and contribute to real progress.

As reagrds restructuring delegates were pointing out the risks that companies that merger use the loopholes in the EU legislation to engage in regulatory shopping. One example was of a company establishing its headquarters in Switzerland (not part of the EU) so it could pick and chose the country of its representative for purposes of the EWC Directive (with some countries having a weaker implementation (UK) than others. A research centre was considered in France, as the government was providing interesting subsidies and a shared production centre in Slovakia to benefit from lower wages and protection. The EWC plays a key role to monitor this and raise concerns with the management.

EWC representatives from many companies and sectors took part. The annual conference was organised by the ETUC and the European Trade Union Institute. It took place 30 September - 1 October 2014, Brussels.