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Transnational Works Council Directive
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Transnational Works Council Directive : ウィキペディア英語版
Transnational Works Council Directive
The Transnational Works Council Directive (2009/38/EC ) (or sometimes the "European Works Council Directive") is a European Union Directive on the establishment of works councils, for the purpose of information and consultation, in companies that operate transnationally within the EU.
==Background==
The present 2009 Directive updated the Works Council Directive 94/45/EC, which in the same pattern as now, applied to every firm with over 1000 employees, and at least 150 employees in a different member state. It stipulated that employees must be informed and consulted on matters closely affecting employment of workers over at least two member states, such as the ‘prospective trend of employment, any substantial change in firms’ organization and production processes and collective redundancies or sales of undertakings.’〔For cases on the Directive, see C-62/99 Bofrost () ECR I-2579, C-440/00 Kuhne and Nagel () ECR I-787, and C-349/01 Anker () ECR I-6803, all on access to information to set up the Special Negotiating Body.〕 In 2005, the EU Commission issued a draft proposal to update the 1995 Directive,〔COM (2005) 33 final〕 noting particularly that while 820 European Works Councils existed, that represented merely 36% of the enterprises falling within the scope of the directive and around 60% of employees. It also took the position that works councils as they stood were not ‘up to the task of playing their full role in anticipating and managing change and building up a genuine transnational dialogue between management and labour’.〔COM (2005) 33 final, para 5〕 With that in mind, the 2009 Directive was issued.

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