Fri. Apr 16th, 2021

Answer given by Mr Schmit on behalf of the European Commission


Following its exit from the European Union on 31 January 2020, the United Kingdom (UK) has become a ‘third country’ but continued to apply EU labour law, including Directive 2009/38/EC on European Works Councils /1, during a transition period that ended on 31 December 2020.

After the end of the transition period, the rules set out in Directive 2009/38/EC no longer apply to the UK and UK companies are treated like other third country companies. Since then, the legal consequences on European Works Councils described in the Commission’s note of 21 April 2020 have started to apply /2. That note remains valid. Directive 2009/38/EC applies to Community scale undertakings /3 in EU/European Economic Area (EEA) Member States.

Nonetheless, central management and the European Works Council /4
may agree to conclude European Works Council agreements with a wider scope /5.

/1 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a
European Works Council or a procedure in Community-scale undertakings and Community-scale groups of
undertakings for the purposes of informing and consulting employees (Recast). OJ L 122, 16.5.2009, p. 28–44.
/2 See link:
/3 As defined in Article 2 of Directive 2009/38/EC.
/4 Or central management and the special negotiating body when in the process of establishing of the European
Works Council (Articles 5-6 of Directive 2009/38/EC).
/5 Article 1(6) of Directive 2009/38/EC.

See question(s) : P-000494/2021 Source : © European Union, 2021 – EP

Source: Answer to a written question – European Works Councils post-Brexit – P-000494/2021(ASW)