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European Works Council

Key Points

  • A European Works Council (a “EWC”) is a body that facilitates transnational information and consultation with European employees.
  • EWCs are generally composed of employee representatives from each member state of either or both of the European Union and the European Economic Area in which a business has employees (a “Member State”).
  • EWCs operate independently of national information and consultation bodies.
  • EWCs derive from Directive 2009/38/EC (the “EWC Directive”). The EWC Directive has been transposed into UK law by the Transnational Information and Consultation of Employee Regulations 1999 (as amended) (“TICER”).
  • This card details the legal position for employers without a EWC before 5 June 2011. Separate rules apply to EWCs established before that date.
  • If Brexit happens then it will fundamentally affect the operation of EWCs under UK law. However, until the final form of any Brexit is known then it is impossible to know exactly how it will affect the operation of EWCs under UK law.

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