Effective rights. The bill adopted by the Spanish government on March 8th doesn’t change much from Directive 2009/38. The definitions of information and consultation are the same word for word but requirements of effective rights are narrowed, proving that “the arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the undertaking or group of undertakings to take decisions effectively.” This sentence was taken from article 1.2. of the directive.
d to enable the undertaking or group of undertakings to take decisions effectively.” This sentence was taken from article 1.2. of the directive.
Transnational issues. About the competence of the EWC, the bill, reminding that information and consultation have to take place at relevant level, concludes that “the competence of the EWC and the scope of the information and consultation procedure for employees governed by this Act shall be limited to transnational issues,” further defined as issues which “concern the undertaking or group of undertakings as a whole, or at least two undertakings or labor centers of the undertaking or group situated in two different Member States.”
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