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The Government adopted a draft Act on European Works Councils

The Government adopted a draft Act on European Works Councils, bodies to represent European workers in companies or groups of companies founded in Member States or the European Economic Area.

 

This draft transposes into Slovenian legislation Directive 2009/38/EC of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees.

 

In accordance with the renewed directive, the proposed act will regulate and improve employees’ rights to be informed of and consulted on companies or groups of companies operating in the European Union or the European Economic Area. It will apply to those companies operating in at least two Member States, which will channel the information and consultations between the employees and management regarding business development and decision-making which could potentially influence employment and/or working conditions at the trans-national level.
 
The proposed act makes provisions for two methods of informing and consulting employees; one is by agreement on the establishment of a European Works Council comprised of employees’ representatives; the other is the formation of a different procedure for informing and consulting employees in companies in the European Union which operate in at least two Member States. If an agreement cannot be reached, the Directive stipulates the conditions for establishing the European Works Council in accordance with the provisions that provide an outline of the annex to the Directive.

The renewed Directive also lays down the system for informing and consulting based on the principle of voluntarism. Informing and consulting is the right of employees, and not their obligation. Management are obliged to begin the procedure for establishing a system only if employees so request.

 

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