2.3.9 Information and consultation

• the European Framework Agreement on fixed-term work concluded by ETUC,

UNICE and CEEP on 18 March 1999 (transformed into Council Directive 1999/70/EC of 28 June 1999 59): The agreement forbids employers to treat fixed-term workers in a less favourable manner than permanent workers solely because they have a fixedterm contract, unless the difference in treatment can be justified on objective grounds.

The agreement also aims to improve the quality of fixed-term work by preventing abuse arising from the use of successive fixed-term employment contracts or relationships. EU countries, after consultation with the social partners, must introduce one or more of the following measures: imposing objective reasons justifying the renewal of such contracts or relationships, limiting the maximum total duration of successive fixed-term employment contracts and relationships and limiting the number of renewals.

112. Finally, Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (the Health & Safety for Temporary Employment Directive) 60 aims to bring health and safety protection for atypical employment contracts in line with the protection for other workers. Indeed, these workers are more at risk from occupational diseases or accidents at work than other workers.

The Directive supplements this goal with some dispositions which notably provide the obligation to inform workers of the risks in the job (article 3), to supply them a sufficient training appropriate to the job (article 4) and an appropriate special medical surveillance when it is required due to the job (article 5). It relates also the responsibilities between user undertakings and temporary employment agencies and the conditions governing the performance of the work (article 8).

2.3.9 Information and consultation

113. Directive 2002/14/EC establishing a general framework for informing and consulting employees in the EU61 , sets up general principles on the minimum information and consultation rights for workers in EU companies that employs at least 50 people (or 20 if it is a branch of a larger business).

114. According to article 4, the obligation of information and consultation covers : • “information on the recent and probable development of the undertaking’s or the establishment’s activities and economic situation; • information and consultation on the situation, structure and probable development of employment within the undertaking or establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment;

59 Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixedterm work concluded by ETUC, UNICE and CEEP. 60 Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship. 61 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 (date of effect : 23/03/2002)

• information and consultation on decisions likely to lead to substantial changes in work organisation or in contractual relations”. Moreover, the information must be provided in good time to enable employee representatives to prepare for consultation on related issues.

According to the same article, consultation have to take place : • “while ensuring that the timing, method and content thereof are appropriate; • at the relevant level of management and representation, depending on the subject under discussion; • on the basis of information supplied by the employer (…) and of the opinion which the employees’ representatives are entitled to formulate; • in such a way as to enable employees’ representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; • with a view to reaching an agreement on decisions within the scope of the employer’s powers (…)”.

Important to notice is that confidential information provided to employee representatives and to any experts who assist them cannot be revealed (article 6).

115. There are two other Directives concerning worker information and consultation at national level.

The first is the Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies62 which provides information and consultation requirements of staff representatives in case of collective redundancies. Indeed, according to article 2, when an employer is considering collective redundancies, he must “begin consultations with worker’s representatives in good time with a view to reaching an agreement. These consultations shall, at least cover ways and means of : • avoiding collective redundancies or reducing the number of workers affected, and • mitigating the consequences by recourse to accompanying social measures aimed, inter alia, at aid for redeploying or retraining workers made redundant”. The same article also provides an information requirement concerning the details (especially the reasons and the modalities) of the redundancies. The second is the Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses63 which is already referred in point 2.3.2 (cf. point 60 on the employees’ information and consultation requirements in case of transfer of an ownership of a company).

62 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (date of effect : 09/10/2015) 63 Council Directive 2001/23/EC of 12 MARCH 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (date of effect : 09/10/2015)