Preview: Implementing the Information and Consultation Directive in the UK

IMPLEMENTING THE INFORMATION AND CONSULTATION DIRECTIVE IN THE UK: LESSONS FROM GERMANY

BY GLYNIS M TRUTER

Glynis Truter is a Lecturer in Law at the University of Leicester.

She is a graduate of King’s College London (LLB and LLM) and of the University of Cambridge where she was awarded a PhD degree in 2001 for a comparative study of the South African Labour Relations Act. Her main research interests lie in the fields of collective labour law and human rights law.

The author wishes to thank Professor Keith Ewing for his very helpful comments on earlier drafts of this booklet, but also wishes to emphasise that she alone remains responsible for any errors or omissions.

This publication, like all publications of the Institute, represents not the collective views of the Institute but only the views of the authors. The responsibility of the Institute is limited to approving its publication as worthy of consideration within the labour movement.

ISBN 0 9543781 0 5 May 2003 published by the Institute of Employment Rights 177 Abbeville Road London SW4 9RL 020 7498 6919 e-mail office@ier.org.uk www.ier.org.uk printed by Upstream (TU) 020 7207 1560 £6.50 for trade unions and students £20 others THE

INSTITUTE OF

E M PLO Y M E N T RIGHTS

implementing the Information and Consultation Directive in the UK: lessons from Germany

executive summary

by Glynis M Truter

i

contents

executive summary

iv

CHAPTER ONE

introduction

1

CHAPTER TWO

collective bargaining in Germany

3

CHAPTER THREE

implementing the information and consultation directive

worker participation in the enterprise in Germany

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the trade union role in the establishment and functioning of the works council the powers and functions of the works council the relationship between collective bargaining and co-determination the problem of the ‘co-determination-free zone’ conclusions

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CHAPTER FOUR

the implementation of the information and consultation directive in the UK: comparative observations the nature and content of the rights of employees’ representatives the subject-matter of information and consultation meetings the timing of consultation the absence of a right of co-determination sanctions

18 18 18 20 20 21 22

the relationship between collective bargaining and worker participation the scope of coverage of the directive

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conclusion

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APPENDIX directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community

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endnotes

37

recent Institute publications

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contents

CHAPTER FIVE

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executive summary

I In 1997, British workers were promised a new approach to the regulation of labour relations based on the notion of social partnership. Over the past five years, questions have been raised about the content of social partnership, the central concern being the absence of an agreed definition of partnership in the relevant academic and policy literature.

implementing the information and consultation directive

I For its part, the Trades Union Congress (TUC) has indicated that it favours the German social partnership model, calling, in particular, for the introduction of German-style ‘consultation’ rights and welcoming the adoption of the EC Information and Consultation Directive (ICD), which Member States are required to implement not later than 23 March 2005.

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I This booklet seeks to answer two questions: to what extent will the ICD aid in the construction of a framework for social partnership along the lines of the German model, and what other supports for collective representation are required to make worker participation at enterprise level a meaningful, democratic and efficiencyenhancing exercise?

I The booklet begins by examining the German legislation and practice relating to collective bargaining and worker participation in the enterprise. This is followed by a comparative evaluation of the central provisions of the ICD and their relationship with elements of the British labour relations system.

I The booklet identifies a number of deficiencies in both the ICD and the existing labour relations regime in the UK which, it is argued, will prevent the realisation of the TUC’s vision of partnership in the

workplace, the key supports in the TUC’s favoured model being collective bargaining at sectoral level and a clearly defined and coherent set of participation rights at enterprise level, including a right of joint decision-making and a right to representation on company boards.

executive summary

I The British Government is expected to consult on specific proposals for implementing the ICD this year, having published a discussion paper on employee involvement in July 2002. The booklet closes by suggesting a number of measures for inclusion in the trade union agenda.

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