ABSTRACT

The procedural provisions set out in the European Works Councils Directive and national transposing legislation are intended to ensure that the process of negotiation comes up to a minimum standard. Under the legal requirements, the negotiating party for the employee side is the Special Negotiating Body. Whilst its composition is regulated by precisely laid down provisions, different procedures apply to the appointment of Special Negotiating Body members. One reason for this is that central managements can make use of the lack of legal prescription as to how the process should be started and leave the composition of the Special Negotiating Body to the employee side. In many instances, Special Negotiating Body have not been set up in full compliance with the statutory provisions: individual cases dealt with below have been italicised for emphasis. In many instances, Special Negotiating Body have not been set up in full compliance with statutory provisions: individual cases dealt with below have been italicised for emphasis.