Ask your employer to set up a European Works Council

Overview

You can ask your employer to set up a European Works Council (EWC) if you work for a company with offices across the European Economic Area (EEA).

An EWC is a forum where your company can:

• tell you about plans and decisions at the same time as employees in other countries - this is known as being informed
• exchange views with you in the same way as employees in other countries - this is known as being consulted

An EWC only informs and consults on issues that affect more than one country where the business operates.

Who can ask for an European Works Council

You can ask your employer to set up an EWC if they have:

• at least 1,000 employees in the EEA
• 150 employees in each of at least 2 countries in the EEA

You can write to your employer to find out information, eg how many employees it has or where it operates, to help you make your request.

After you’ve made your request

Your employer will set up a special negotiating body (SNB) to negotiate an EWC agreement with central management of the business.

Make a request

Write to your employer to ask them to set up a European Works Council (EWC).

It must be backed by at least 100 employees from at least 2 European Economic Area (EEA) sites.

Send it to the central or local management of the business.

Your employer can challenge your request for an EWC if:

• they think the request isn’t valid, eg because the business doesn’t employ enough people
• there’s an existing information and consultation agreement

After you've made your request

After your request for a European Works Council (EWC) is accepted, your employer must set up a special negotiating body (SNB). The SNB will discuss how the EWC will be set up and run with the central management. The time limit for negotiations is 3 years.

The SNB must:

• have at least one member from each of the countries where the business has a site
• be set up within 6 months from when the request for an EWC was accepted

If there’s an agreement

You’ll get a written agreement for either:

• an EWC
• one or more alternative information and consultation arrangements

If an agreement isn’t made

The SNB can only end negotiations or decide not to open negotiations after a ballot has been held and a two-thirds majority reached. You’ll have to wait 2 years to make a new application.

Make a complaint

Complain in writing to the Central Arbitration Committee (CAC) about the way a European Works Council (EWC) has been set up or run.

Complaints about requests for information

You can complain if your employer:

• doesn’t provide information about the size or structure of the company
• provides inaccurate information about the size or structure of the company

You must wait a month after making a formal request for an EWC before you can complain.

Complaints about creating the Special Negotiating Body

You can complain about incorrect ballot arrangements to create a special negotiating body (SNB).

Complaints about creating the European Works Council

You can complain that:

• an EWC hasn’t been set up even though there have been negotiations
• your employer hasn’t followed the right procedure for running an EWC

How to complain

Write to CAC and include the following information:

• the name, job and full contact details of the person making a complaint and the person or business you’re complaining about
• the right regulation number for the complaint you’re making
• the reasons for your complaint

Send your complaint by email or by post to CAC.

CAC will get in touch for more information as they need it.