Trade Unions and European Integration by Johannes M Kiess Martin Seeliger

Author:Johannes M Kiess, Martin Seeliger [Johannes M Kiess, Martin Seeliger]
Language: eng
Format: epub
ISBN: 9780367728168
Google: pKL6zQEACAAJ
Publisher: Taylor & Francis Group
Published: 2020-12-18T04:54:46+00:00

The trajectory of EWC numbers and characteristics

According to the phases of the regulatory trajectory of EWC, it is to expect that the total number of EWCs, their distribution according to countries of companies’ headquarters, their type according to the character of corresponding agreements, etc. also reveal specific routes of development since the 1990s. A first phase runs from the mid-1980s to 1994, and it was a time when voluntarily agreed-upon employee bodies of information and consultation were created. In this period 49 EWCs were created in 46 companies.14 The second phase reaches from the period of the passing of the EU directive in September 1994 to its transformation into national law in September 1996. During this phase a high number of so-called voluntary agreements were reached on the basis of Article 13 of the EWC directive. As these did not necessarily have to accord with the procedure laid down by the directive and it was possible to deviate from the envisaged design, many companies were interested in grabbing the opportunity of reaching a voluntary agreement on the procedure of information and consultation before the directive took effect (Hoffmann 1997:120; Lecher et al. 2001: 194). During this period of “bargaining under the shadow of the law” the number of agreements grew rapidly. Almost 400 so-called Article 13 agreements were finalised (Kerckhofs 2003). A third, so-called Article 6 phase runs from the period after September 1996, that is after the deadline for implementing the 1994 Directive into national law, until the turn of the century. During this period EWCs were founded and stabilised according to standard legal procedures, and the growth of the overall number of EWCs still was significant. A fourth period begins with the new century and could be characterised by a still but smoothly growing number of EWCs.

Figure 10.1 EWCs and SE works councils 1985–2017.

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