European Works Councils
Updated in relation to employees' rights and European Works Councils following the end of the Brexit transition period on 31 December 2020.
Definition from the XpertHR glossary.
In our latest round-up of cases from the European Court of Justice, we look at cases on equal pay, maternity leave and equal treatment, the variation of terms relating to early retirement following a transfer of an undertaking, working time and European Works Councils.
In Gesamtbetriebsrat der Kühne & Nagel AG & Co KG v Kühne & Nagel AG & Co KG, the ECJ holds that articles 4(1) and 11(1) of the European Works Councils Directive require that where the central management of a Community-scale group of undertakings is not located in one of the EU member states, the responsibility for providing the employees' representatives with the information essential to the opening of negotiations for the establishment of a European Works Council lies with the deemed central management.
In case C-440/00: Kühne & Nagel AG & Co. KG, the ECJ ruled on 13 January 2004 that where the central management of a Community-scale group of undertakings is not located in the EU, the responsibility for providing employees with information essential to the opening of negotiations for establishing a European Works Council (EWC) lies with the deemed central management.
The right of employees or their representatives to request information from their employers under the European Works Councils Directive constitutes a "necessary prerequisite" for determining whether a European-scale undertaking exists, rules the European Court of Justice in Betriebsrat der bofrost Josef H Boquoi Deutschland West GmbH & Co KG v Bofrost Josef H Boquoi Deutschland West GmbH & Co KG.
HR and legal information and guidance relating to european Works Councils.
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