Store International Involvement of Employees in the European Union, Works Councils, Company Statute, Information and Consultation Rights

Involvement of Employees in the European Union, Works Councils, Company Statute, Information and Consultation Rights

By Roger Blanpain†


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Labour, industrial relations and HRM specialists in Europe and elsewhere will watch with great interest the course of developments growing out of the pending EC directive on information and consultation rights of employees. Taken in conjunction with the European Works Council Directive and the European Company Statute, this directive tries to strengthen a growing spirit of cooperation between employees and employers.

Here now is a timely and detailed new book that sets the scene with in-depth analysis, legislative history, and documentation of the interwoven genesis of these three crucially important labour law initiatives and their impact on industrial relations and HRM.

Questions central to both the legislative debate and to this book include:

  • How will the information and consultation rights be organised?
  • What can be learned from the experience of the European Works Council Directive (1994), now that more than 600 EWCs have been established by agreements between management and labour?
  • What is the role of trade unions and collective bargaining?
  • What role can employees play in the exercise of managerial prerogative?
  • What will be the impact on the employability of the employees?

    In his analysis Professor Blanpain shows that European lawmakers are now answering these questions aiming at clarity and coherence. The definitions (especially in the European Company Statute) of such terms as "involvement", "consultation", "information", and "participation", are careful to leave the notion of managerial prerogative intact.

  • Last Updated 03/01/2002
    Update Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041117601
    SKU 10059300-0001
    Table of Contents
      Introductory Remarks
      List of Abbreviations

      Part One: European Works Councils
      1. Analysis
      I. The Genesis of the Directive – A Spirit of Cooperation
      II. Objective and Scope of the Directive
      III. Definitions and Notions
      IV. Establishment of an EWC or a Procedure
      V. Prejudicial and Confidential Information. Ideological Guidance
      VI. Protection of Employees' Representatives
      VII. Compliance with the Directive – Links – Final Provisions
      VIII. Subsidiary Requirements: A Mandatory EWC
      IX. Pre-existing Agreements in Force
      X. The Importance of EWCs for European Industrial Relations
      XI. Review of the Directive by the Commission 2. Legislation 3. Relevant Documents

      Part Two: The European Company Statute
      1. Analysis I. More than 30 Years of Discussion
      II. Models of Participation
      III. Board-level Participation Agreed at Aventis
      IV. Nice Summit (7-10 December 2000): The Break Through
      V. Adoption: 8 Ocotober 2001
      2. Legislation
      3. Relevant Documents

      Part Three: A General Framework for Informing and Consulting Employees in the European Community

      1. Analysis
      I. Genesis of the Proposal
      II. Object and Principles
      III. Definitions
      IV. Scope
      V. Procedures for Information and Consultation
      VI. Information and Consultation under an Agreement
      VII. Confidential Information
      VIII. Protection of Employees' Representatives
      IX. Protection of Rights
      X. Link between this Directive and other Community and National Provisions
      XI. Political Agreement of June 2001
      2. Legislation