Although the directive has not yet been definitively adopted, the agreement reached on 21 May between the Council of the EU and the European Parliament is likely to be applied at European Works Councils (EWCs) in the coming years. Drafted as a revision of the 2009 directive, the text aims to make the right of workers’ representatives to information more effective. Compared to the European Commission’s proposal published in January 2024, it adds several provisions on gender balance, on the criteria under which management can ask elected representatives to keep information confidential, and on the level of sanctions.
Effectiveness of sanctions
The trilogue agreement specifies the level of sanctions that companies may face if they fail to respect workers’ rights in the context of European Works Councils. While the Commission’s proposal already referred to the concept of “deterrent” penalties, the text clarifies this by stipulating that they must take into account the company’s annual turnover.
