European Company (S.E.)
The European company statute allows under certain conditions for the participation of employee representatives at board level of transnational companies. Similar to the negotiation of EWC agreements a Special Negotiation Body would need to be set up to conclude an agreement both on information and consultation at Europen level and the number and role of employee representatives on the board of the company.
Although we see little evidence that the European company will become a freqently used legal entity in the near future, EWC´s should be prepared for a possible conversion of their company. At the Austrian construction company Bauholding-Strabag, for example, management succeded to turn the existing EWC agreement into an information and consultation agreement for the European Company, although the European Company Directive provides for much stronger rights compared to EWC´s.
The following document are recommended to understand the possible functioning of a European company:
1. European Union law
EU Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees
EU Regulation (EC) No 2157/2001of 8 October 2001 on the Statute for a European company (SE)
The German Hans-Böckler-Foundation has produced a number of charts summarizing the key elements of the S.E. Directive.
Charts on Directive
3. Trade union documents
The European Metalworkers´ Federation has produced some guidlines for the negotiation of an agreement. Negotiations are expected to become more complex as for EWC´s as there is only a very limited number of seats on the board to represent all countries covered by the company.
A similar checklist was published by Union Network International (UNI), which is internal industry federation was union representing salaried employees. UNI has also produced a background document on the European company.
Please revist this page for further updates.
Is your EWC agreement still up-to-date? What are it´s strengths and weaknesses? Obtain your expert´s advice free of charge.
New EWC Directive
On 17 December 2008 the EU Council of Ministers has adopted the new EWC Directive. Please view all relevant documents and the key priorities for a new legal framework.
For your international meeting we arrange for professional interpreters and translation of documents into any European language.
The EU makes project resources available to European Works Councils every year. We help with the application process.
Can you communicate with your colleagues abroad? Together with our partner institute we provide exciting and tailor-made language courses.