What is a European Works Council?

European Works Councils (EWCs) permettent aux travailleurs d’être informés et consultés de manière structurée sur les décisions clés des entreprises qui affectent les emplois et les conditions de travail à travers l’Union Européenne. Créés par la directive européenne enable workers to be informed and consulted in a structured manner on key company decisions that affect jobs and working conditions across the European Union. Created by Directive 94/45/EC of 22 September 1994 (9), EWCs apply to companies with more than 1,000 employees, with at least 150 employees in two different countries of the European Economic Area (EEA).

The legal framework for European Works Councils

Their legal framework is the Directive 94/45/EC,
which came into force in 1996 and institutionalised this structure for the transnational representation of employees in companies operating in several European Union countries. This directive aimed to guarantee employees’ right to information and consultation on important issues with transnational impact, such as restructuring, mergers or site closures.

In 2009, this directive was revised and replaced by the Directive 2009/38/EC (known as the ‘Recast’ directive)in order to improve the functioning of EWCs and strengthen the role of employee representatives. This revision clarified the concepts of information and consultation, imposing requirements on the content of the information and how it is communicated, and on how consultation is carried out.

The Directive 2009/38/EC is currently being revised at European levelas part of discussions on strengthening social dialogue in Europe and adapting to economic, technological and environmental changes. This revision aims to make EWCs more effective, ensure genuine dialogue between management and employees, and provide better protection for the rights of workers affected by decisions with transnational effects. The directive was adopted by the European Parliament in October 2025. It still needs to be formally adopted by the Council before being published in the OJEU by the end of 2025.

What is the role of a EWC?

EWCs do not replace local bodies (works councils or trade unions), but they supplement the information and consultation of employees on issues that go beyond the national framework.
European Works Councils are the first and only European bodies directly representing the interests of workers at company level in a transnational context.

Why is a EWC important for companies and employees?

Setting up a European Works Council strengthens social dialogue, anticipates social risks in the event of restructuring and improves trust between management and employees. For employees, it ensures a better understanding of the company’s plans and the opportunity to have their say on decisions taken at European level.

How is a EWC set up?
Although it can be set up by management on its own initiative, the creation of a EWC usually begins with a request from 100 employees or their representatives in at least two European Union countries. No later than six months after the request, the employer must set up a ‘special negotiating body’ to negotiate an agreement on the committee’s operating procedures: composition, frequency of meetings, topics covered, languages used and resources allocated to the committee. If the negotiations fail, or if the parties fail to reach an agreement after three years, the company must set up a EWC in accordance with the subsidiary provisions of the directive, which set out the minimum standards to be met for a EWC to function.