European Works Councils

Summary

• The Transnational Information and Consultation of Employees (Amendment) Regulations 2010 implement in the UK the revisions to the European Works Council Directive agreed in 2009. These complement rather than repeal the existing Transnational Information and Consultation of Employees Regulations 1999 which implemented the provisions of the original 1994 EWC directive into UK law.
• As with the 1999 regulations, the 2010 regulations only affect employers with 1,000+ staff in the European Economic Area (EEA) and at least 150 staff in two separate EEA states.
• The 2010 regulations apply to existing European Works Councils (EWCs) agreed on or after 5 June 2011 and those set up between 16 December 1999 and before 5 June 2009, unless they are revised in the two years before 5 June 2011. The adaptation provisions of the 2010 regulations (see below) affect all EWCs, regardless of when they were agreed.

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