EUs Information and Consultation Directives - Essay Example

EU’s Information and Consultation Directives al Affiliation EU’s Information and Consultation Directives In the UK in, the EU Information and Consultation Directive came into force in March 2005. Every company to which the directive applies was to be affected in the short term since the Government intended to build and trigger a mechanism to the legislation implementing the Directive. As such, existing arrangement got a measure of protection. The directive further informed employers who wanted to keep initiatives to do so before their stocks were released. The incoming research will be investigating main measures that the Directive sought to empower. In particular, the directive will explain the main measures and how this measure works. As well, the study will nullify the effectiveness of the Directive in modern day labour. According to the Directive, corporate management shall be bound to observe employee information consultation rights. A corporation is therefore mandated to provide these rights to all their employees. Reflectively, the corporate management shall, therefore, have to provide information and consult employee representatives. The information and consultation methods are freely decided upon between the parties involved. In an event where no agreement is reached at the end of the negotiation between employee representatives and the corporate management of the enterprise, the directive provides that provisions specifically referred to the newly the European Commission will apply (Bernard, 2012 and Bernard and Hepple, 2004: 54). There have been measures adopted by the European Union to promote workers interests. The EU has further introduced consultations to ensure that the workers interests are protected a supra-national level. This applies to large multinational undertakings that the union or non-union can be engaged. The measures are inclined to the multinational undertaking by a union or by another union. Mann (2012: 56) further believes that proposals require similar information and consultation mechanism at the national level. That will depend on the rulings of the European Court of Justice. In a prior case, the court had found that Britain had not adequately applied Directives dealing with the consultation of workers over health and safety matters. As well, there are collective redundancies that have been noted from the transfer of undertaking. Blanpain (2002: 54) contends that the prevailing legislation has not made provision for worker representatives in a situation where there were no recognized unions in a workplace, and amending legislation that made good this deficiency. The current state of employee representation and representative structures for employee information and consultation as well. As such, the direct participation at the workplace indicates the overall management stance towards unions and joint consultations. The measures further provide regulations for the employment relationship. The UK and the EU members’ state agreed on the option of voluntary agreements between employers and employees representatives to information and consultation. Considerably, the UK voluntary agreements might be exploited employers to reinforce information and consultation with employees. The European Commission attempted to secure a degree of worker information by providing information and consultation. Barry and Wilkinson (2011: 121) factor that where there complex undertaking with complex structures, the directive was to disclose a wide range of explicit financial economic and strategic information, which could be generated after every six months by the dominant undertaking to the representatives of employees and subsidiaries. From the above analysis, it is clear that the Information and Consultation Directive already reveals the involvement of workers in key leading events leading to the structural change of the company. Nairns (2011: 543) believes that the information and consultation is a prerequisite for the success of the restructuring and the adoption of undertaking to new conditions created by the globalisation of the economy. Important measures are found in articles. Article 2 determines the national laws and practices. The article defines business in accordance with national law and practices that are located within the territory of the member state. As part of the measures, the information and consultation directive provides a minimum framework that needs to be worked out in more detailed at a national level. As well, there are measures that specify that if no specific agreement applies within the company concerned, information and consultation shall pursue article 4 paragraphs 2 of the information and consultation. The Directive also provide measures that among other things, information and consultation on the situation and structure, which is probably developed of employment within the undertaking or establishment of any anticipatory measures provided in particular where there is a threat to employment (Mann, 2012: 344). Likewise, there is also a measure regulating the type of decisions. Accordingly, decisions that are likely to lead to substantial changes in work organization are a contractual relation. Under Article 4 paragraphs 3 of the information and consultation directive, the consultation shall take place while ensuring that the timing method as well as, content thereof, which is appropriate and relevant to management as well as, the representation that depends on the subject under discussion. As well, article 4 section 4 specifies that when the decisions lead to substantial changes in work organization, consultation should take place with a view to reaching an agreement. The Information and Consultation Directive is based upon the social partnership approach. The mechanism for bargaining must be agreed between the parties and utilised according. Redman and Wilkinson (2002: 45) argue that workers should have a basic right to the consultation concerning how the industry develops. This information includes a situation where jobs are threatened and where any anticipatory measures, for instance, training, skill development and other measures are increasingly being adopted by employees (Nairns, 2011: 544). The measures, in this case, include training, skill development increasing adaptability. The protection of employees’ representatives and a clause concerning the relation between the directive and other union and national measures are considered. The directive contains a non-regression clause, and with all the directives of a deadline for implementation. As well, the directive could be transposed by way of the collective agreement that results in a group of employees being covered by the agreements. Ronnmar (2008: 431) believes that even though the employees in that group are not members of the union that is a party to that agreement and their field of activity is not represented by that union, and provided that the collective agreements in such as to guarantee employees that the protection of rights is confirmed. Equally vital, the remedies clause empowered by Article 8 (1) would require members’ states to provide for appropriate measures in the event of non-compliance with the directive by the employer and the employees representatives. Blainplain (2008: 123) further establishes that the appropriate employees should also provide the right judicial procedures that are available to enable the obligation derived from the directive being enforced. As well, Article 8 (2) provides for adequate sanctions to be applicable in the event of the infringement of the directive. In order for this measure to operate, the sanction should be effective, proportionate and dissuasive. As well, the wording of the provision should focus on the broadly based on current union law and the case law of the Court. Effectiveness The information and consultation directive defines the structure of information and consultation in a clearer way than other directives. Reflectively, the definition contains important procedural requirements. Biagi and Tiraboschi (2003: 453) believe that the timing of content is chiefly responsible for its effectiveness. As well, the manner of provision of information is appropriate to enable employees carry out the appropriate analysis. Largely, the consultation has to meet several requirements. In other words, the directive is effective since it ensures that the right approach is applied to ensure that management and representation depend on the subject matter under discussion. This ensures that the employees are adequately informed about the organization key operations. Moreover, the employees better understand their rights and prevailing labour laws, precisely, how they can use them in their favour. As well, the directive denotes that employees’ representatives are entitled to formulate an opinion on the basis of the relevant information being supplied. The representative that in most cases is the trade union ensures that the employee is updated about important factors, for example, policy change. Furthermore, as part of its effectiveness, the directive has ensured that employee representatives are entitled with the employer to obtain a desirable response as well as, reasons for the response. This includes a properly updated email detailing responses to a particular action. Additionally, in case of decisions within the scope of the employer’s management powers, consultation must be conducted with a view to reaching an agreement. The directive, however, does not state what is to happen if an agreement is reached by the employer does not implement it. Nonetheless, under article 4 section 2 a, these measures are effective since they provide that information and consultation have to take place on the situation, probable development and structure. This development is important where there is a possible threat of unemployment. Moreover, in subsection b, the measures are responsive since information and consultation have to take place on decisions likely to lead to substantial changes in work organization or in contractual relations. As well, in article 4 section 5, the timing and the content should be appropriate and responsive to a given set of measures. Comparatively, these measures have improved the general business environment. In the UK, some of the principles of the new ICD have already been incorporated into the new labour. These measures are effective since they provide for the heavy consultation with key departments. For that reason, the new labour code encourages employees to be entitled to collective bargaining where co-decision making and negotiation are properly understood. Rickford (2003: 43) contemplates that such laws have a right to information and to monitor activities. Trade unions are the usual representatives of the employees. Nonetheless, under the mentorship of these measures, in the event that there is no trade union organization in the workplace with at least twenty employees, the Council is mandated to organize elections to get new leadership. As well, these measures increases the power of trade unions in co-decision making and creation of better conditions for the activity of employees and representatives by specifying paid time off for trade union officials. Likewise, these measures can be attributed to the sponsoring of social right through the impact of community law on the member states social policies through the court of justices (Ramsey, 2000: 43). For example, the measures have encouraged equal pay of work between men and women. This has increased the participatory level of different employees. Reflectively, institutional arrangements are created to make workers participation attractive for those who are sceptical. This further accelerates the discussion making the function of workers participation appeal positively. However, these measures have been criticized by different parties claiming its ineffectiveness to regulate employers. Consultation with employee and employee attitudes or workplace performance remains a reasonable to suppose where management uses a range of process, which includes consultation with the trade union. Largely, these consultations might fail given that different parties could be having diverse interests in the process. Conclusively, there are principle justifications from the research that proves that Information and Consultation Directive has revolutionized the quality of labour in modern UK. In that light, it is further clear that the Directive comes to power local laws to act decisively in honouring employee rights. As well, the Directive seeks to increase the communication level between employers, their representatives, employees and their representatives. The main measures presented as far as the Directive is concerned protect workers from unfair terms. Thus, in future research should focus on way loops existing in the Directive. Bibliography BARNARD, C. (2012). EU employment law. BARNARD, C., & HEPPLE, B. (2004). The future of labour law: liber amicorum Bob Hepple. Oxford [u.a.], Hart. BARRY, M., & WILKINSON, A. (2011). Research Handbook of Comparative Employment Relations. Cheltenham, Edward Elgar Pub. http://public.eblib.com/choice/publicfullrecord.aspx?p=743439. BIAGI, M., & TIRABOSCHI, M. (2003). Selected writings. The Hague, Kluwer Law International. BLANKE, T. (2009). Recasting worker involvement?: recent trends in information, consultation and co-determination of worker representatives in a Europeanized arena. Deventer, Kluwer. BLANPAIN, R. (2002). Involvement of employees in the European Union: European works councils : The European Company Statute Information and Consultation Rights. The Haque: Kluwer Academic Group. BLANPAIN, R. (2008). European labour law. Alphen aan den Rijn [etc.], Kluwer Law International. GENNARD, J., & JUDGE, G. (2005). Employee relations. London, Chartered institute of personnel and development. MANN, I. (2012). European added value assessment on a EU legislative instrument on information and consultation of workers, anticipation and management of restructuring processes. Luxembourg: Publications Office. NAIRNS, J. (2011). Employment law statutes 2010-2011. London: Routledge-Cavendish. RAMSEY, V. (2000). Construction law handbook. London, Thomas Telford. REDMAN, T., & WILKINSON, A. (2002). The informed student guide to HRM. London, Thomson Learning. RICKFORD, J. (2003). The European Company: developing a community law of corporations : collected papers from the Leiden University Unilever programme 2002. Antwerp [u.a.], Intersentia. RÖNNMAR, M. (2008). EU industrial relations v. national industrial relations: comparative and interdisciplinary perspectives. Alphen aan den Rijn, Kluwer Law International. SMITH, L., & MOUNTER, P. (2008). Effective internal communication. London, Kogan Page. Read More