EWCs: Goodbye Article 13 agreement

Though we are still waiting for the EU Parliament to adopt its position so trilogue negotiations on the shape of the final directive can begin, it is clear that the “Article 13” exemption will end

Why it matters: The Art 13 exemption says that undertakings that had in place, on or before September 22, 1996, arrangements for the transnational information and consultation of all employees within the EU/EEA, were exempt from the provisions of the EWC Directive. Around 350 undertakings have “Article 13” arrangements in place.

The big picture: The removal of the exemption will standardize consultation processes across all relevant undertakings and means 100 employees from at least 2 EU/EEA Member States can request the establishment of a Special Negotiating Body (SNB) to create an EWC.

What’s next: We will shortly circulate a short note on what the ending of the Article 13 exemption will mean for undertakings with such arrangements. We are also planning to set up a web meeting on this issue for members to share ideas.

Email Tom Hayes if this is something in which you’d be interested: [email protected]