Industrial Relations in Europe 2012 - European Commission - Europa

concluded on 21 May 2012 a European Agreement implementing a substantial part of its
standards.
For more details on developments in the European social dialogue, see Chapter 7 of this
report.
8.2.4 Employer's Insolvency Directive
As a follow up to its Green Paper on Pensions, issued in July 2010, the Commission issued a
White Paper ("An Agenda for Adequate, Safe and Sustainable Pensions") in February
2012 119 . With regard to the employer's insolvency Directive, the Commission stressed its
commitment to ensure a more effective enforcement as far as the protection of supplementary
pensions is concerned.
8.2.5 Employee involvement
Recast European Works Councils Directive
The recast European Works Councils (EWCs) Directive 2009/38/EC 120 , which adapted the
previous legal framework to changes in the legislative, economic and social context and
clarified the pre-existing rules, was due to be transposed into national law before 6 June 2011.
By that date, Directive 94/45/EC was repealed and replaced by the recast Directive. However,
national implementing rules are maintained after 6 June 2011 to cover the cases where the
new obligations introduced by Directive 2009/38/EC do not apply.
Review of the European Company (SE) Directive
The Commission had identified several potential problems with the operation of Directive
2001/86/EC 121 supplementing the Statute for a European company with regard to the
involvement of employees. These concern a) the complexity of the procedure for employee
involvement; b) the lack of legal certainty concerning certain aspects of the negotiation
procedure and c) the concern that the use of the SE form could have an effect on the rights to
employee involvement granted by national or EU law.
In order to obtain the views of the social partners on the advisability for and possible direction
of European Union action, the Commission launched a first phase consultation of the
European social partners on 5 July 2011. They were asked whether a) the issues identified by
the Commission are the main issues raised by the operation of the Directive; b) the Directive
119 COM(2012) 55 final.
120 OJ L 122, 16.5.2009, p. 28. This Directive is reviewed in the 2010 IRR.
121 OJ L 294, 10.11.2001, p. 22.
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