Draft EU employment legislation state of play, March 2019

Author: Mark Carley

This article lists all significant items of employment-related draft EU legislation that are currently in the legislative pipeline, or due to be proposed in the near future. It also shows proposals that have been adopted in the past six months.

Proposals that have become dormant (defined here as not having been discussed in the Council of the European Union, or subject to any other significant movement, for more than two years) are not included. The table also covers negotiations and agreements between EU-level trade union and employers' organisations, based on arts.154 and 155 of the treaty on the Functioning of the European Union (these agreements are implemented either by EU Directives or by the national member organisations of the signatories).

For each proposal, the table provides the following information, as of 1 March 2019:

  • the full title of the proposal;
  • a reference to the issue of the Official Journal (OJ) of the European Union in which the proposal (and any subsequent revised versions) or adopted text was published. Laws appear in the Legislative ("L") series, while other instruments and proposals appear in the Communications ("C") series. Where proposals have not appeared in the OJ, the "COM" number of the document is given, where relevant;
  • where appropriate, or available, the article of the treaty on the Functioning of the European Union on which the proposal is based;
  • the proposal's submission to the Council of the EU and European Parliament (EP);
  • any opinions issued on the proposal by the EP, the Committee of the Regions (CoR) and the European Economic and Social Committee (EESC);
  • the submission of any amended proposal to the Council;
  • Council decisions or debates (these usually occur in the Employment, Social Policy, Health and Consumer Affairs, or EPSCO, Council);
  • any Council-Parliament conciliation proceedings;
  • final adoption (or formal signature in the case of social partner agreements); and
  • any formal consultation of the social partners - the EU-level "cross-industry" partners are the European trade Union Confederation (ETUC), BusinessEurope (private-sector employers), Ueapme (small and medium-sized enterprises) and Ceep (public-services employers).

Proposals that have been adopted in the past six months are identified with an asterisk.

Employment conditions

Subject Legal base Current position

Proposal for a Council Recommendation on access to social protection for workers and the self-employed. COM(2018) 132 final.

Arts. 292, 153 and 352.

Over April-June 2017, the Commission held a first-stage consultation of the EU-level social partners on the issue of improved access to social protection for workers in "non-standard" employment and the self-employed (C (2017) 2610 final), arguing that people involved in new forms of employment (such as "gig economy" work) often do not have full access to social security. The Commission then held a second-stage consultation on the subject over November 2017-January 2018, suggesting EU action aimed at improving the coverage, transferability and transparency of social protection rights for all people in employment or self-employment (C (2017) 7773 final). The Commission indicated that the EU action might take the form of either a non-binding Council Recommendation or a binding Directive. In parallel with the second-stage social partner consultation, the Commission also held a wider public consultation on access to social protection.

Following the consultations (which did not lead to any social partner negotiations on the issues raised), the Commission decided that a Council Recommendation is the most appropriate type of EU action to address the challenges related to access to social protection. Accordingly, it issued a proposal for such a Recommendation on 13 March 2018.

The draft Recommendation aims to provide access to adequate social protection for all workers and self-employed people, and to establish minimum standards in this area. Social protection for this purpose comprises unemployment, sickness/healthcare, maternity/paternity, invalidity, old-age and occupational accident/disease benefits. A "worker" is defined broadly as a "person who for a certain period of time performs services for and under the direction of another person in return for remuneration".

The draft Recommendation sets out a number of principles aimed at:

  • closing gaps in the formal coverage of social protection schemes;
  • ensuring that coverage is effective, and that entitlements are transferable;
  • providing an adequate level of protection for all workers and self-employed people; and
  • ensuring that the conditions and rules of all schemes are transparent and that individuals are given regularly updated, comprehensive and accessible information.

For example, the draft states that member states should extend formal coverage of social protection schemes on a mandatory basis to all workers, regardless of their type of employment relationship, and all self-employed people (though in the case of the self-employed, unemployment benefit coverage would be voluntary).

If the Recommendation is adopted, member states would be expected to implement its principles as soon as possible and submit action plans reporting on the measures taken. The Commission would evaluate progress and review developments after three years. On the basis of the review's findings, the Commission could consider making further proposals.

The EPSCO Council on 6 December reached a political agreement on the proposal.

The draft Council Recommendation forms part of the Commission's "European Pillar of Social Rights" initiative, aimed at underpinning employment and welfare rights across the EU, which was formally endorsed by the EU institutions on 17 November 2017.

Proposal for a European Parliament and Council Directive on transparent and predictable working conditions in the European Union. COM (2017) 797 final.

Art. 153(1)(b) and (2)(b).

The Written Statement Directive (Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship) requires employers to provide a written statement of certain key terms and conditions of employment to all paid employees with a contract or employment relationship, when employment starts or within two months afterwards. The Commission consulted the social partners on a possible revision of the Directive in April-June 2017 (C (2017) 2611 final) and again in September-November (C (2017) 6121 final). During the second-stage consultation, BusinessEurope offered to negotiate over a European agreement on revision of the Directive but the ETUC declined such talks and called on the Commission to issue a legislative proposal (though the ETUC remained open to reaching a "common position" with employers on the revision, to be communicated to the EU institutions in order to influence debate on the legislative proposal).

On 21 December, the Commission issued a draft Directive on "transparent and predictable working conditions". If adopted, the Directive would repeal and replace the Written Statement Directive. As well as expanding current obligations on employers to provide information on terms and conditions, the proposed Directive would create several substantive new rights for workers. The main provisions of the draft are as follows:

  • The Written Statement Directive applies to paid employees. The new Directive would apply to "workers", defined as persons who for a certain period of time perform services for and under the direction of another person in return for remuneration. This is a broader definition and should encompass more people in non-standard forms of employment (such as domestic, on-demand, intermittent and "platform" workers).
  • Member states may exclude from their national provisions implementing the Written Statement Directive all employees who work less than eight hours a week or whose employment relationship lasts less than one month or is of a casual and/or specific nature. Under the proposed new Directive, they could exclude only workers who have an employment relationship lasting no more than eight hours in a month (and only if a guaranteed amount of paid work is predetermined before the employment starts).
  • Employers currently have two months after the start of employment to provide the required information about key aspects of the employment relationship. The new Directive would oblige them to provide the information on the first day of the relationship at the latest. Employers would be able to provide the information electronically. Employers would also have to notify workers about modifications to relevant employment conditions at the latest on the day they take effect, rather than up to two months afterwards as under the current Directive.
  • Employers would be obliged to provide workers with information about additional aspects of the employment relationship, including probationary periods, training entitlements, overtime arrangements and remuneration, the determination of variable work schedules, and social security.
  • The proposed Directive would apply a general EU-wide maximum duration of six months to probationary periods, though member states could provide for longer probationary periods in cases where this is justified by the nature of the employment or is in the worker's interest.
  • Employers would not be able to prohibit workers from taking up employment with other employers (for example, through "exclusivity clauses"), except where this is justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interest.
  • The proposal seeks to ensure a minimum degree of predictability of work. Where a worker's work schedule is variable and determined by the employer, the worker could be required to work by the employer only: within predetermined reference hours and reference days, established in writing at the start of the employment relationship; and if the worker is given reasonable advance notice by the employer.
  • Workers with at least six months' service with the same employer would be able to request a form of employment with more predictable and secure working conditions, where available. Employers would be required to reply to such requests within a deadline of one to three months (depending on the size of the organisation).
  • The draft stipulates that, where employers are required by law or collective agreements to provide training to workers to carry out the work for which they are employed, such training must be provided without cost to the worker.

The draft Directive also deals with matters such as the role of collective agreements, enforcement, means of redress, and protection for workers claiming their rights.

On 21 June 2018, the EPSCO Council agreed a common approach on the draft Directive which formed the basis for negotiations with the EP. These talks led to a provisional agreement on the proposal on 7 February 2019. The agreed text should now be approved formally by the Council and EP in the near future (probably in April in the case of the EP).

EESC Opinion on 23 May 2018. CoR Opinion on 5 July 2018. The Commission has made adoption of the Directive a priority for 2019.

The draft Directive forms part of the Commission's "European Pillar of Social Rights" initiative, aimed at underpinning employment and welfare rights across the EU, which was formally endorsed by the EU institutions on 17 November 2017.

Equality and work-life balance

Subject Legal base Current position

Proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures. COM (2012) 614 final.

Art. 157 (3). Co-decision procedure.

Commission issued draft Directive on 14 November 2012. The proposal seeks to ensure a more balanced representation of men and women among the non-executive directors of listed companies. It sets the objective of a 40% presence of the currently under-represented sex among non-executive directors, to be achieved by 2020 (2018 in the cases of state-controlled undertakings). Companies that have a lower share (less than 40%) of the under-represented sex among their non-executive directors would be required to make appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, applying clear, gender-neutral and unambiguous criteria. Given equal qualification, priority would have to be given to the under-represented sex.

The UK Parliament has objected that the proposal does not comply with the EU subsidiarity principle, as have several other national parliaments. The Irish EU Presidency of the first half of 2013 sought to take forward Council work on the proposal. It reported to EPSCO Council on 20-21 June that significant progress had been made, with all member states in principle in favour of improving gender balance on company boards. However, some prefer national measures while others support EU-wide legislation. The Lithuanian EU Presidency of the second half of 2013 sought progress on the draft Directive, but the EPSCO Council on 9-10 December was told that further work and political reflection will be required before a compromise can be reached. The Greek EU Presidency of the first half of 2014 gave priority to the proposal, but reported to the EPSCO Council on 19-20 June that no agreement had been reached, with opinions continuing to differ sharply on the best way of achieving the proposal's objectives. The Italian EU Presidency of the second half of 2014 tried to take forward the negotiations, but reported in September that at least eight member states, including the UK, still oppose the draft Directive. Because some governments oppose EU legislation that could interfere with existing national arrangements, the Italian Presidency sought consensus over the inclusion of a "flexibility clause" that would enable member states to maintain these arrangements if they meet certain conditions. The Presidency hoped for Council agreement on a general approach before the end of 2014, but it announced at the EPSCO meeting on 11 December that no deal had been reached. The Latvian EU Presidency of the first half of 2015 continued work on the proposal, but without achieving consensus. The Luxembourg Presidency of the second half of 2015 again attempted to reach a deal, but no agreement could be reached at the EPSCO meeting on 7 December. No progress was reported in 2016. The Maltese EU Presidency of the first half of 2017 made it a priority to achieve progress on the proposal. It redrafted the text but reported to the EPSCO Council on 15-16 June that, although a majority of delegations backed the proposal and were willing to accept the new text, others were still unable to support the draft Directive, notably on the grounds that it did not respect the principles of subsidiarity and proportionality.

EESC Opinion on 13 February 2013. CoR Opinion on 30 May 2013. EP gave draft Directive first reading on 20 November 2013, proposing strengthening amendments.

Proposal for a European Parliament and Council Directive on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. COM (2017) 253 final.

Art. 153 (1)(i) and (2)(b).

In 2008, the Commission issued a draft Directive amending the Pregnant Workers Directive (92/85/EEC). The draft proposed increasing minimum maternity leave from 14 to 18 weeks and giving women on leave entitlement to full pay. During the legislative process, the EP proposed further strengthening of the 1992 Directive's maternity provisions and the addition of new rights in areas such as paternity leave. The EP and Council proved unable to agree on the proposed amendments and, faced with this impasse, the Commission finally withdrew the draft Directive in 2015. Concluding that an increase in maternity leave rights had little chance of being approved, the Commission started looking at a broader range of measures aimed at helping employees who are parents or have dependent relatives to better balance caring and work responsibilities. In 2015 and 2016, the Commission therefore held two rounds of consultations with the social partners on possible EU action addressing the challenges of work-life balance faced by working parents and caregivers. The Commission also held a public consultation on the issue. With no indication that the social partners would be in a position to negotiate over a possible EU-level agreement on work-life balance, the Commission decided to initiate legislative action. On 26 April 2017, it issued a draft Directive on work-life balance for parents and carers. The draft Directive forms part of the Commission's new "European Pillar of Social Rights" initiative, aimed at underpinning employment and welfare rights across the EU, which was formally endorsed by the EU institutions on 17 November 2017.

The draft Directive would introduce for the first time EU-wide rights to paternity and carers' leave, and provide various other new entitlements for working parents and carers. It would also strengthen existing EU legislation on parental leave, replacing and repealing the Parental Leave Directive (2010/18/EU), which was based on a social partner agreement. The draft's key provisions are as follows:

  • Workers' individual entitlement under the current Parental Leave Directive to at least four months' parental leave would be maintained. However, workers taking leave would be paid at least at the level of sick pay (parental leave is currently unpaid), and the leave could be taken up until the child is aged 12 years (currently eight years). Parents would have a new right to request taking leave in a flexible way. Where member states allow one parent to transfer their entitlement to the other parent, at least four months of parental leave would not be transferable.
  • The Parental Leave Directive provides that workers returning from parental leave are entitled to ask for flexible working arrangements, in the form of changes to working hours and/or patterns. This right would be extended to all workers who have children aged up to 12 years or who are carers for seriously ill or dependent relatives, and would also be broadened to include a right to request remote working.
  • Fathers would be entitled to at least 10 days of paternity leave around the time of their child's birth, paid at least at the level of sick pay.
  • Workers caring for seriously ill or dependent relatives would be entitled to at least five days of carers' leave per year, paid at least at the level of sick pay.

The Estonian EU Presidency of the second half of 2017 initiated Council discussions on the draft Directive. In late November, the Presidency reported that the basis for a compromise had been established on a number of provisions of the draft, but that further work was required on issues such as: the level of compensation for those taking paternity, carers' and parental leave; the scope of carers' leave; and the age of children in respect of whom parental leave can be granted. The EPSCO Council on 7 December took note of progress on the draft and the Bulgarian EU Presidency of the first half of 2018 prioritised work on the proposal. On 21 June, the EPSCO Council agreed a common approach on the draft which formed the basis for negotiations with the EP. These resulted in a provisional agreement on 24 January 2019 and the proposal should be approved formally by the two institutions in the near future (probably in April in the case of the EP). The Commission has made adoption of the Directive a priority for 2019. EESC Opinion on 6 December 2017. CoR Opinion on 30 November 2017.

Possible amendment of EU Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast).

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On 20 November 2017, the Commission issued a 2017-2019 action plan on "tackling the gender pay gap" (COM (2017) 678 final). The plan includes a commitment to assess the need for further legal measures to improve enforcement of the principle of equal pay for women and men, as set out in the 2006 recast Equal Opportunities and Equal Treatment Directive (2006/54/EC). During 2018, the Commission will "assess the possibility of targeted amendments" to the Directive. Notably, it will examine:

  • the need for and possibility of making binding some or all of the measures promoted by a 2014 Commission Recommendation on pay transparency - these include an entitlement for employees to request information on pay levels, regular reporting by employers on wages by category of employee or position, and clarification of the notion of work of equal value;
  • improving sanctions and compensation for victims by evaluating the need to introduce measures such as minimum sanctions for breaches of the principle of equal pay, and minimum standards for compensation that would put victims in the position they would have been in if the equal principle had been respected;
  • ensuring gender equality in occupational pension schemes; and
  • strengthening the enforcement role of equality bodies.

The EPSCO Council discussed the gender pay gap, in the context of the Commission action plan, on 15 March 2018.

In its 2019 work programme, the Commission says that it will evaluate the 2006 Directive during the year, focusing on how the equal pay provisions have worked in practice, the approaches taken to implementation in the member states, how effectively the provisions are enforced and the extent to which their goals have been achieved.

Health protection and safety

Subject Legal base Current position

European framework agreement on the protection of occupational health and safety in the hairdressing sector.

Arts.154 and 155.

The EU-level social partners in the hairdressing sector - Coiffure EU and UNI Europa Hair & Beauty - signed an agreement on 26 April 2012, on their own initiative. It sets out an integrated approach for the prevention of risks and protection of health and safety in hairdressing, in areas such as: use of materials, products and tools; protection of the skin and respiratory tract; musculoskeletal disorders; working environment and work organisation; maternity protection; and mental health and wellbeing. The partners asked the Commission to propose a Directive making the agreement legally binding across the EU. The Commission was scheduled to issue a proposal in 2013 but in October announced that it would not do so during its term of office (which expired in October 2014). The current Commission has taken no action since then. This failure to issue a draft Directive to implement a social partner agreement is highly unusual. On 23 June 2016, Coiffure EU and UNI Europa Hair & Beauty signed another version of their 2012 agreement, making renewed and explicit calls for the Commission to propose to the Council a Directive to implement the agreement across the EU. However, the Commission has not yet responded and the issue does not feature in the Commission's 2018 or 2019 work programme.

Removal or updating of outdated provisions in six health and safety Directives. COM(2017) 12 final.

Art.153

As part of its "REFIT" regulatory simplification programme, in 2015-2016 the Commission conducted an evaluation of the 1989 Framework Health and Safety Directive and 23 related Directives. The results of the evaluation, published in January 2017, concluded that the legislation concerned is generally effective and fit for purpose, and meets its ambition of protecting workers adequately. However, the evaluation also identified scope for removing or updating a number of outdated provisions. In 2017 the Commission launched a programme to address this issue, which it aimed to conclude before the end of 2018. The aim is to achieve clearer, more coherent and more relevant rules, simplifying and reducing the administrative burden, where possible, for businesses and enforcement agencies, but only where workers' protection can be maintained or improved. The Commission has identified as priorities for this updating process the Directives on health and safety at work in relation to:

  • workplaces (89/654/EEC);
  • personal protective equipment (89/656/EEC);
  • display screen equipment (90/270/EEC);
  • medical treatment on board vessels (92/29/EEC);
  • safety and/or health signs (92/58/EEC); and
  • biological agents (2000/54/EC).

* Directive (EU) 2019/130 of the European Parliament and of the Council of 16 January 2019 amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. OJ L30 of 31 January 2019.

Art. 153.

On 10 January 2017, the Commission proposed a Directive amending the 2004 health and safety Directive on carcinogens and mutagens (this was in addition to a previous amending Directive, proposed in May 2016 and adopted in December 2017 as Directive (EU) 2017/2398 ).

The EPSCO Council agreed a general approach on this draft Directive on 15-16 June, enabling it to open discussions with the EP. The EP and Council reached a deal in October, which was approved by the EP on 11 December and by the Council on 20 December. The Directive was formally adopted on 16 January 2019. Formal adoption should follow early in 2019. The EESC gave its Opinion on 31 May 2017.

The Directive adds to the 2004 Directive occupational exposure limit values and/or skin notations for seven new carcinogens, including used engine oils.

Proposal for a European Parliament and Council Directive amending Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work. COM (2018) 171 final.

Art.153.

On 5 April 2018, the Commission proposed a further Directive amending the 2004 health and safety Directive on carcinogens and mutagens (this is in addition to Directive (EU) 2017/2398, adopted in December 2017, and Directive (EU) 2019/130, adopted in January 2019 - see previous item in table). The latest proposal, issued followed a two-stage social partner consultation in 2017, would establish occupational exposure limit values for the following five additional carcinogens:

  • cadmium and its inorganic compounds;
  • beryllium and inorganic beryllium compounds;
  • arsenic acid and its salts, as well as inorganic arsenic compounds;
  • formaldehyde; and
  • 4,4'-Methylene-bis (2-chloroaniline)(MOCA).

The EPSCO Council on 6 December agreed a general approach on the proposal, enabling talks to open with the EP. The Council and EP reached a provisional agreement on 29 January 2019, and the proposal should be approved formally by the two institutions in the near future (probably in March in the case of the EP).

The Commission has made adoption of the Directive a priority for 2019. The EESC gave its Opinion on 19 September 2018.

Information, consultation and participation

Subject Legal base Current position

Proposal for a European Parliament and Council Directive on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU. COM (2016) 723 final.

Arts.53 and 114.

On 22 November 2016, the Commission proposed a Directive aimed at harmonising certain aspects of national rules on insolvency, preventive restructuring procedures for companies in financial difficulty, and procedures for the discharge of entrepreneurs' debts. It includes a number of provisions on workers' rights in such situations, notably where an indebted employer undertakes preventive restructuring with the aim of enabling the company to continue its operations. The main relevant provisions are as follows:

  • Debtor companies that are negotiating a restructuring plan with their creditors could be given a "stay of individual enforcement actions" (a temporary suspension of a creditor's right to enforce a claim) where necessary to support the negotiations. This stay would not apply to workers' outstanding pay-related claims, except to the extent that member states guarantee by other means the payment of such claims at a level at least equivalent to that provided for under the national law transposing the Directive on the protection of employees in the event of their employer's insolvency (2008/94/EC).
  • When an indebted company proposes a restructuring plan, creditors affected by the plan would have a right to vote on it. Member states would have to ensure that affected parties are treated in separate classes for voting purposes, and could treat workers as such a separate class. Affected workers would therefore have a right to vote on the plan.
  • When negotiating a restructuring plan, where there is a likelihood of insolvency, company directors would have an obligation to take immediate steps to minimise the loss for creditors, workers, shareholders and other stakeholders, and to have due regard to stakeholders' interests.
  • If adopted, the Directive would be without prejudice to workers' rights guaranteed by the insolvency protection Directive, the framework Directive on employee information and consultation (2002/14/EC), the European Works Councils Directive (2009/38/EC) and the Directives on information and consultation over collective redundancies (98/59/EC) and transfers of undertakings (2001/23/EC).

At an informal meeting of the Justice and Home Affairs Council on 27 January 2017, ministers gave the proposal's objectives broad support in principle, and the same Council held a policy debate on the draft on 8 June. Work continued under the Estonian EU Presidency of the second half of 2017 and a further debate was held at the Justice and Home Affairs Council on 7-8 December, identifying some areas where there was common ground but others where further technical work was required. The Justice and Home Affairs Council agreed a partial general approach on the proposal on 4-5 June 2018 and a formal position on 11-12 October, enabling it to open negotiations with the EP. The talks led to a preliminary provisional agreement in December 2018. This text should be approved formally by the two institutions in the near future (probably in March in the case of the EP). The EESC gave its Opinion on 29 March 2017. The Commission has made adoption of the Directive a priority for 2019.

General framework agreement on information and consultation rights of civil servants and employees of central government administrations in Europe.

Arts.154 and 155.

On 21 December 2015, the EU-level social partners in the central government sector - European Public Administration Employers (EUPAE) and the trade Unions' National and European Administration Delegation (TUNED) - signed a European framework agreement setting out common minimum requirements for the information and consultation of public employees working in central government administrations, through their representatives (including trade unions). The context is that employees in central government administrations are generally not covered by the various existing EU Directives on information and consultation. The agreement deals with matters such as definitions of "information" and "consultation", the issues concerned (such as working time, health and safety, and threats to employment), practical arrangements and confidentiality.

The framework agreement currently covers only the member organisations of EUPAE (including the UK civil service) and TUNED (including the UK's Public and Commercial Services Union). However, EUPAE and TUNED have asked the Commission to propose a Directive making the framework agreement legally binding across the EU (under Art.155 of the TFEU). The social partners justify this request on the grounds that they negotiated the agreement in response to the Commission's 2013 EU Quality Framework for anticipation of change and restructuring, which invited the social partners to negotiate at the relevant level "frameworks of action on anticipation of change and restructuring and internal flexibility".

The Commission stated in October 2016 that, prior to deciding whether or not to submit a proposal for a Council Directive implementing the agreement, it would carry out an impact assessment, examining issues such as the representativeness of the agreement's signatories and the legality of its provisions under EU law. In March 2018, the Commission informed the social partners that it would not propose a Council Directive to implement the agreement. The trade unions called this decision "unprecedented" and in May brought a case (T-310/18) against the Commission in the European Court of Justice, challenging its refusal to propose an implementing Directive.

Proposal for a European Parliament and Council Directive amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions. COM (2018) 241 final.

Art.50.

On 25 April 2018, the Commission proposed a Directive amending Directive (EU) 2017/1132, which codifies much EU company law relating to limited liability companies. The aim of the proposed revision is to set out common EU-level procedures making it easier for companies to convert themselves into companies governed by the law of another member state, as well as to conduct mergers and split into new entities across borders. The draft Directive contains various provisions aimed at preventing companies from abusing the proposed new rights to move or reorganise within the EU. These include measures to prevent the undermining of employees' rights. The draft Directive therefore proposes new information rights for employees and their representatives in companies that plan to convert, merge or divide across borders, along with measures to protect any employee representation on the boards of such companies (such board-level employee participation is compulsory in some member states but not others). The Council has started discussion of the proposal and in January 2019 the Romanian EU Presidency drew up a proposed compromise text to form the basis for forthcoming negotiations with the EP. The EESC gave its Opinion on 17 October 2018. The Commission has made adoption of the Directive a priority for 2019.