Transposition of provisions of the Recast Directive on the functioning of the European Works Council

The aim of this chapter is to list selected broader legal provisions and key conditions that can contribute to an improved environment for EWC work and thus stimulate improved functioning of this European body (sine qua non conditions), although an analysis of several of these broader concepts is not the core item of this contribution. Firstly, there is evidence that company leadership culture and attitudes condition the tuning and the climate for the organisation of a works council activity and the latter’s effectiveness (van den Bergh, A., Grift & van Witteloostuijn (2008); Jirjahn & Smith (2006) ). Management that is favourable and committed to dialogue and co-decision, that relates the future prospects of the company with the well-being of the workers, that approves in a positive way the engagement of the members of a works council is likely to have an effective and thriving EWC (Whittall, Knudsen & Huijgen (2007); Struck (2011); Vitols S. (2003); Wills J. (1999); Nakano S. (1999) ). By contrast, management that is not privileging employee participation is more likely to simply follow the letter of the law and not engage fully with the spirit of the legislation. Based on the referred assessment and casework a list of positive incentives or conditions for an improved dialogue between management and works council can be formulated.