Oireachtas Joint and Select Committees

Wednesday, 8 February 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

European Work Councils and Legislative Provisions for Dispute Procedures: Discussion (Resumed)

Dr. Werner Altmeyer:

There is a difference between a local or national works council and an EWC. There are several countries in Europe where the local works council has its own budget. The most important example is France, where the works councils have their own budget by law. When they have to engage a lawyer, they can use this budget. We have similar provisions in Austria. However, in many other countries, there is no budget. In Germany and the Netherlands in particular, the works councils can act. They can go to court, engage lawyers and experts and the company must pay. A basic principle of the works council system is that all means necessary for the activities of a works council must be paid by the company, because the works council is not a trade union. It is like a department within the company and a parliament for workers' voices, but the company must pay for it. In Germany, when the works council is going to court, the lawyer will send a quotation and there is a basic standard. If the fee is higher, there are negotiations. The Netherlands is quite similar, but it is absolutely clear that the company must pay for all legal fees.