At the beginning of the previous year, the EU Commission has published its draft proposal for a revised EWC Directive.
The key component of the new Directive will be the new rules on enforcement, sanctions and remedies, which will allow each individual Member State to determine the mechanisms for the enforcement of the rules of this Directive. This set of rules implies that every Member State shall make procedures for enforcement of the Directive, as well as introduce adequate financial penalties for the violation of rules.
In addition, the EU Commission has made a decision to remove all legacy EWC agreements, including the agreements concluded prior to 2011 (the year when the current EWC Directive entered into force), which will be removed on the basis of the request of at least 100 workers, as well as the agreements signed before 1996 (before the first Directive) or voluntary agreements, which can continue to exist unless employee representatives decide otherwise.
The draft Directive includes a new set of rules aimed at streamlining the process of the functioning of EWC, including:
- Shorter deadline for conveying an SNB meeting;
- Clarification of terms which can be considered ‘confidential’;
- Additional communication requests for both the management and employee representatives, and;
- Additional financial obligations of management aimed at further improved the functioning of an EWC
Finally, following the EU’s push for gender equality, the draft Directive imposes a request of at least 40% representation of the underrepresented gender in both SNB’s and EWC’s.
The final negotiations related to the Directive will begin in February 2025, with the possibility of approval existing as early as late 2025.
Prepared by:
Daniel Vujacic, LL.M. (UW)