Provisional agreement has been reached on new rules governing
the operation of European Works Councils
("EWCs"). Some technical steps are
required before the revisions come into force but we now have a
good idea of the outcome of this lengthy negotiation process.
In this, the first of our EWC Series about the revisions to the
Directive on European Works Councils 2009/38/EC (the
"Directive"), we explore a question that
is currently "front of mind": will the proposed changes
result in a more effective enforcement regime?
In later articles in the series, we will explore other key
questions, including what steps should central management take
right now and exploring the potential impact that changes to
definitions and key concepts may have in practice. The verdict so
far from our team (which has been advising on EWCs since 2000) is
that this the most significant development in this area since the
implementation of the Directive in 2009.