Industrial Relations in Europe 2012 - European Commission - Europa

about one-third of multinational companies, and most of them are union-nominated. In small
companies, it is unusual to find either unions or elected employee representatives. The
implementation of the Directive on Information and Consultation did not significantly change
the above practices. Until 2010 only 8% of companies with 50 or more employees elected
workplace representatives.
Romania
Almost exclusively union-based representation. Employee representatives can only be elected
in union-free workplaces. This situation has not changed after the Directive’s implementation.
Changes introduced by the 2011 Social Dialogue Code have made trade union operation more
difficult as a union can now only be set up by at least 15 individuals in the same company
instead of the same industry or occupation.
Welfarist Visegrad countries
Czech Republic
The stipulation to dissolve the work council if a union is present at the workplace was
declared unconstitutional in 2008. In practice, very few works councils have been set up and
trade unions remain the dominant representation channel. The majority of companies have no
employee representation at all.
Hungary
Dual representation channel exists since 1992. In most cases union members are part of works
councils, especially because the Hungarian legislation links union bargaining rights to the
results of works council elections. The balance of power between unions and works councils
also depends on the political environment with leftist governments usually supporting trade
unions while conservative governments favouring works councils.
Poland
Until the EU accession trade unions were the exclusive workplace representation body. The
2006 legislation provided for the establishment of works councils. The slow implementation
of the Information and Consultation Directive entrenched union powers in electing works
councils until 2009. In 2009, 72% of works councils were set up in companies and
organisations with trade unions.
Slovakia
The legal possibility of establishing works councils was introduced in 2002. The recent legal
change (2011) increased representativeness thresholds for trade unions. In order to be
representative, unions establishing themselves for the first time at a workplace shall (upon
employer’s requirement) demonstrate that they represent at least 30% of the workforce.
Works councils are less common than unions and can be established where at least 10% of the
workforce requests this kind of representation.
Corporatist countries
Slovenia
Dual channel of representation since 1993. Employees at the workplace are represented both
through local union structures and, in workplaces with more than 20 employees, a works
council. In practice works council members are frequently trade union activists, although the
extent of trade union involvement varies from industry to industry.
Source : ETUI (www.worker-participation.eu), EIRO.
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