Employee Involvement - European Works Councils European Works Councils are bodies representing the European employees of a company. Through them, workers are informed and consulted by management on the progress of the business and any significant decision at European level that could affect their employment or working conditions. European Works Councils are established under Directive 2009/38/EC, which replaced an earlier directive from 1994 (94/45/EC). Member States are to provide for the right to establish European Works Councils in companies or groups of companies with at least 1000 employees in the EU and the other countries of the European Economic Area (Norway, Iceland and Liechtenstein), when there are at least 150 employees in each of two Member States. A request by 100 employees from two countries or an initiative by the employer triggers the process of creating a new European Works Council. The composition and functioning of each European Works Council is adapted to the company’s specific situation by a signed agreement between management and workers’ representatives of the different countries involved. Subsidiary requirements are to apply only in the absence of this agreement. The obligations arising from the Directive do not apply to companies which already had an agreed mechanism for the transnational information and consultation of their entire workforce when the Directive took effect in 1996. Political agreement was reached in 2008 to recast the Directive. The aims are to ensure the effectiveness of employees’ transnational information and consultation rights, increase the number of European Works Councils and enable the continuous functioning of the existing ones. The Commission published an evaluation of the implementation of the 2009 recast Directive in 2018. In 2024, the Commission proposed to amend the 2009 recast Directive in order to improve the effectiveness of the framework for the information and consultation of employees at transnational level. The proposal is being considered by the European Parliament and Council under the ordinary legislative procedure. The texts of the current (2009) and previous Directives are available, together with working documents, national implementation measures and implementation reports. Directive 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) Proposal to amend the Directive Commission proposal to amend Directive 2009/38/EC Previous Directives 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 Directive (97/74/EC) extending, to the United Kingdom 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 Directive (2006/109/EC) 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 Preparatory Documents Impact assessment of the Commission proposal to amend Directive 2009/38/EC on the establishment of a European Works Council Impact assessment of the Commission proposal to amend Directive 2009/38/EC on the establishment of a European Works Council – Executive summary Proposal for a Directive 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 COM (2008) 419 Citizen's summary on the Proposal Questions and Answers on the Proposal Impact assessment on the revision of the European Works Council Directive SEC (2008) 2166 Summary of the Impact assessment on the revision of the European Works Council DirectivE SEC (2008) 2167 Second Stage Consultation of the European social partners on the review of the European Works Council Directive (2008) Commission Communication - Restructuring and employment - Anticipating and accompanying restructuring in order to develop employment: the role of the European Union COM (2005) 120 First Stage Consultation of the European social partners on the review of the European Works Council Directive (2004) Commission Communication - on Worker Information and Consultation COM (1995) 547 Studies Study exploring issues and possible solutions in relation to the Recast Directive 2009/38/EC on European Works Council (2024) Evaluation study on the implementation of Directive 2009/38/EC on the establishment of a European Works Council and annexes Preparatory study for an impact assessment of the European Works Council Directive, EPEC GHK Studies from the European Foundation for the Improvement of Living and Working Conditions Database monitored by the European Trade Union Institute on European Works Councils Negotiating European Works Council: an analysis of agreements under Article 13, European Foundation for the improvement of Living and Working Conditions Reports (Executive Summaries) on the implementation of Directive 94/45/EC in Bulgaria and in Romania Calls for proposals Archive (closed calls for proposals) Case Law As regards the setting up of new European Works Councils, three cases brought before the European Court of Justice for a preliminary ruling have established the principle that the managements of all undertakings located in Member States are required to supply any information required to open negotiations on setting up an European Works Council, in particular information on the structure or organisation of the group, to employee representatives, irrespective of where the headquarters of the group is located or of the central management’s opinion as to the relevance of the Directive. C-62/99 Bofrost C-440/00 Kühne & Nagel C-349/01 ADS Anker GMbH See also the 2008 impact assessment for a review of major national court cases. Archives Proposal for a Directive on the extension of 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 purpose of informing and consulting employees to the United Kingdom and Northern Ireland COM (1997) 457 Re-examined Proposal for a Directive on the establishment of European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purpose of informing and consulting employees COM (94) 406 Council Common Position (EC) No. 32/94 adopted 18 July 1994 Amended proposal for a Directive on the establishment of European committees or procedures in Community-scale undertakings and Community-scale groups of undertakings for the purpose of informing and consulting employees COM (1994) 228 Proposal for a Directive on the establishment of European committees or procedures in Community-scale undertakings and groups of undertakings for the purpose of informing and consulting employees COM (1994) 134 Second Stage consultation of the Social Partners (1994) First Stage Consultation of the Social Partners (1993) Amended Proposal for a Council Directive on the establishment of a European Works Council in Community-scale undertakings or groups of undertakings for the purpose of informing and consulting employees COM (1991) 345 Proposal for a Directive on the establishment of a European Works Council in Community-scale undertakings or groups of undertakings for the purpose of informing and consulting employees COM (90) 581 Implementation Commission report on the implementation of the Works Council Directive 2009/38/EC (2018) National implementing measures of Directive 2009/38/EC: General table October 2012 Implementation of Recast Directive 2009/38/EC on European Works Councils - Report of the Group of Experts (December 2010) Commission Report - on the application of the Directive 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 COM (2000) 188 National implementation measures (Please note that these are unofficial English language translations and that only the original language versions contain the authoritative text.)