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Vol 21 No 11 Nov/Dec 2016

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Involvement of Employees in the European Union

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ISBN13: 9789041117601
ISBN: 9041117601
Published: March 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £128.00



Despatched in 11 to 13 days.

Taken in conjunction with the European Works Council Directive and the European Company Statute, the EC directive on information and consultation rights of employees aims to strengthen a growing spirit of co-operation between employees and employers. This book offers in-depth analysis, legislative history, and documentation of the interwoven genesis of these three crucially important labour law initiatives and their impact on industrial relations and HRM.;Questions central to both the legislative debate and to this book include: how will the information and consultation rights be organised?; what can be learned from the experience of the European Works Council Directive (1994), now that more than 600 EWCs have been established by agreements between management and labour?; what is the role of trade unions and collective bargaining?; what role can employees play in the exercise of managerial prerogative?; what will be the impact on the employability of the employees?; how does the European Works Council relate to the European Company Statute?; how will the presence of employees' representatives in the supervisory board of the companies be organised?; how will the Directive be implemented in the EU member states?; and how much room is there for national employment systems in implementing the directives?;In his analysis, Professor Blanpain shows that European law-makers are now answering these questions, aiming at clarity and coherence in their definitions (especially in the European Company Statute) of such terms as ""involvement,"" ""consultation,"" ""information,"" and ""participation,"" although they are careful to leave the notion of managerial prerogative intact. The legal texts and penetrating commentary in the book galvanize the notions and concepts that surround this important issue.

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Subjects:
Employment Law
Contents:
Introductory Remarks. List of Abbreviations. Part One: European Works Councils.
1. Analysis. I. The Genesis of the Directive -- A Spirit of Cooperation. II. Objective and Scope of the Directive. III. Definitions and Notions. IV. Establishment of an WEC or a Procedure. V. Prejudicial and Confidential Information. Ideological Guidance. VI. Protection of Employees' Representatives. VII. Compliance with the Directive -- Links -- Final Provisions. VIII. Subsidiary Requirements: A Mandatory EWC. IX. Pre-existing Agreements in Force. X. The Importance of EWCs for European Industrial Relations. XI. Review of the Directive by the Commission.
2. Legislation.
3. Relevant Documents. Part Two: The European Company Statute.
1. Analysis. I. More than 30 Years of Discussion. II. Models of Participation. III. Board-level Participation Agreed at Aventis. IV. Nice Summit (7-10 December 2000): The Break Through v Adoption: 8 October 2001.
2.Legislation.
3. Relevant Documents. Part Three: A General Framework for Informing and Consulting Employees in the European Community.
1. Analysis. I. Genesis of the Proposal. II.Object and Principles. III. Definitions. IV. Scope. V. Procedures for Information and Consultation. VI. Information and Consultation under an Agreement. VII. Confidential Information. VIII. Protection of Employees' Representatives. IX. Protection of Rights. X. Link between this Directive and other Community and National Provisions. XI. Political Agreement of June 2001.
2. Legislation