Criticism from the Confederation of German Trade Unions, independent experts and opposition parties at the lasts meeting of the Parliament Committee on Social Affairs last Wednesday were not included. Likewise, the amendment presented by the social-democratic party, which included most of its criticisms, was rejected. Therefore, it is with the majority votes alone that the bill transposing the new EWC Directive (see our dispatch No. 100898), faithful to the directive’s text, was adopted on Thursday, April 7th at the end of the afternoon (documents 17/4808 and 17/5399). The opposition and unions’ criticism first concerned the level of the sanctions planned by the law against employers failing to comply with their information and consultation obligations. DGB and SPD representatives said that the minimum €15,000 fine “wasn’t able to dissuade.” Relating to this criticism, the SPD asked, in its amendment, that the EWC be able to retain a right to legal appeal allowing it to suspend a decision by the management in the event of failure to inform or consult. “This could lead to decisions being made in violation of the provisions of the directive, for instance for tardy communication or consultation, can lead to a suspension of the said decision” the amendment reads. Antje Orentat, one of the experts heard by the Parliament Committee, agreed with this, based on a UK ruling in favor of the EWC of British Airways leading the company to improve cooperation with its European employee representation structure and to comply with information/consultation deadlines. In its amendment, the SPD also requested that the right to free movement of EWC members to the company’s foreign subsidiaries be clarified so that management of a national subsidiary couldn’t keep an EWC representative from entering the premises. This request was postponed as well. “I haven’t heard of concrete instances where this happened” replied Roland Wolf, representative of the Federation of German Employers. The SPD and the DGB nevertheless rejoiced that the role of experts and the presence of European trade unions were now acknowledged within the special negotiating body.
The bill transposing Directive 2009/38 on EWCs, presented by the Federal Council of Ministers in December 2010, was adopted on April 7th with the votes of the government majority alone. The increase in sanctions for infringement to information and consultation rights, which the social-democrats requested, was rejected.
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