Officials further elaborate the EWC Directive

In Brussels an Expert Group made up of officials from different Member States is currently harmonising the transposition of the recast EWC Directive into the different national legislations.  This is necessary to prevent the national EWC laws from differing too much.

Reports from the Group show in what direction solutions are being sought to clear up the points in the Directive that are ambiguous.

It was agreed among other things that all new EWC laws will come into force simultaneously on 06 June 2010, irrespective of the fact whether that law has been passed or not.  It was also agreed that the Member States would maintain their old EWC law for those cases where the old Directive, but not the recast Directive, are valid (thus in the case of agreements that are concluded or renewed in the 2009/2011).

The Expert Group has ascertained that the Directive talks interchangeably about the ‘revising’, ‘adjusting’ and ‘renewing’ of agreements.  For the sake of clarity it has stated that the term ‘renewing’ applies upon expiry of an agreement.  According to the Expert Group, the difference between ‘adjusting’ and ‘revising’ is the difference between minor and major amendments to agreements in force.

The recast Directive states that the European social partners must be informed when negotiation about an EWC begin, but not who must provide that information.  According to the Expert Group, it is only logical that central management be the one to do it.

The Group also gives further indication in terms of the system of link between the European and national level of information and consultation.  An agreement cannot provide for a system of link between these levels, in other words the aim is not for it to contain an explicit procedure for the linkages between these levels.  An EWC agreement has to leave the rights of the local worker representatives fully intact, more particularly when it comes to anticipating change, and therefore not hamper the early involvement of local bodies.

In conclusion the Expert Group has also usefully said that agreements concluded between 2009 and 2011 can already refer to the new Directive.