UNIT 2: European legal framework on workers’ participation
European legal framework on workers’ participation is set primarily by the framework Directive on Information and Consultation (2002/14/EC), which defines the general principles on the minimum information and consultation rights obligatory for all Member States.
According to the Information and Consultation Directive, workers in all companies employing 50 or more workers enjoy information and consultation rights. Member states can also set this threshold lower, which some of them have done, usually to 20 workers.
Workers can exercise their information and consultation rights either through trade union representatives, or through special workers’ representatives elected specifically for that purpose. In some countries such bodies are called works councils.
Information and consultation rights include:
- Information on the recent and probable development of company’s activities and economic situation,
- Information and consultation on the situation, structure and probable development of employment within the company and on any anticipatory measures envisaged, in particular where there is threat to employment,
- Information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations.
Workers’ representatives also have the right to meet with the employer and receive response on their opinion.
The aim of consultation process is to reach an agreement on decisions that could lead to substantial changes in the way work is organised or in contractual relations.
All workers’ representatives participating in information and consultation procedures enjoy legal protection.
Employer is also obliged to provide them with adequate conditions for performing their function.
