European Works Council Directive Implemented In Luxembourg

European Works Council Directive 2009/38/EC implemented in Luxembourg: rights of workers to information and consultation within transnational companies strenghtened. The law of 26 December 20121, applicable as of 3 January, 2013, transposed Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 concerning the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees ("Directive 2009/38/EC") into Luxembourg law.

Directive 2009/38/EC requires the establishment of a European works council responsible for representing employees in companies or groups of companies. A European works council or a procedure should be set up in enterprises or Community-scale group enterprise, when two conditions are met:

these entities must employ at least 1,000 workers within the European Union and other countries of the European Economic Area, these entities must employ at least 150 employees in at least two institutions, such procedure being applied for each establishment or company being located in a different Member State. However, Directive 2009/38/EC replaces Directive 94/45/CE in that the former guarantees the right to information and consultation of employees, increases the proportion of European works councils already established and ensures legal security in their establishment. Regarding the establishment of a European works council, as a matter of principle the central management of the company or the group is responsible for setting up a committee or for a procedure of information and consultation.

These works councils help keep workers informed and consulted by management about the evolution of the company's activity and any significant EU-scale...