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Njoya, Wanjiru --- "The EU framework of information and consultation: Implications for trades unions and industrial democracy" [2016] ELECD 1424; in Bogg, Alan; Costello, Cathryn; Davies, C.L. A. (eds), "Research Handbook on EU Labour Law" (Edward Elgar Publishing, 2016) 363

Book Title: Research Handbook on EU Labour Law

Editor(s): Bogg, Alan; Costello, Cathryn; Davies, C.L. A.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471119

Section: Chapter 15

Section Title: The EU framework of information and consultation: Implications for trades unions and industrial democracy

Author(s): Njoya, Wanjiru

Number of pages: 26

Abstract/Description:

Within the framework of fundamental social rights in the EU, the right of workers to participate in enterprise-level decision-making is established by Article 27 of the Charter of Fundamental Rights of the European Union, safeguarding the right of worker representatives to ‘information and consultation in good time’. The right to information and consultation (I & C) is given effect in context-specific directives such as the Acquired Rights Directive (ARD) which applies during transfers of undertakings, the Collective Redundancies Directive (CRD) which applies when more than 20 employees are to be made redundant, the Directive supplementing the Statute for a European Company (SEC directive) which safeguards workers’ acquired rights during reincorporation and guarantees rights of involvement and participation in the European Company, and the European Works Councils Directive (EWC) mandating works councils in multinational corporations having more than 1000 employees and operating in at least two member states. In addition to these context-specific directives, the Information and Consultation Directive (ICD) creates a general framework of I & C rights. For the full potential of this framework of I & C rights to be realized it is important that all these directives should complement, rather than undermine or replace, pre-existing mechanisms of worker participation in the various member states.