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3rd December 2009

NEWS IN BRIEF

The Government has published a consultation document seeking views on how the UK should implement a 2009 Council Directive on setting up European Works Councils (EWCs) for informing and consulting employees. The directive has to be in force by 5 June 2011.

The directive is, in many ways a “recast” of an earlier 1994 Directive that was implemented in the UK by the Transnational Information and Consultation of Employees Regulations1999. The Government proposes to implement the 2009 Directive by bringing in a new set of regulations which will apply in addition to the 1999 ones.

In implementing the new directive, the Government proposes to:

• allow pre-existing agreements to continue outside the scope of the amended 1999 regulations
• allow agreements created or revised between 5 June 2009 and 4 June 2011 to continue to operate under the unaltered 1999 regulations
• introduce amending Regulations which will apply to all EWCs established on or after 5 June 2011

The Government is seeking views on the following:

• how to approach EWC agreements that are excluded from the provisions of the directive
• how to deal with EWC agreements that are adapted following structural changes within an undertaking or group of undertakings
• how to handle new definitions of “information and consultation” within the directive
• how to ensure that EWCs are provided with the “means required” to apply their rights stemming from the directive.

The Government intends to create final regulations as soon as possible to allow businesses and unions involved with EWCs or who might wish to set up an EWC to familiarise themselves with the new provisions. The Regulations will not, however, come into force until 5 June 2011.

For further information on the consultation which will close on 12 February 2010, go to: www.berr.gov.uk/files/file52969.pdf

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