EWCs: 2025 Directive ready and set to become law

Last Thursday MEPs approved the final text of the revised EWC Directive by a 3:1 majority. The Directive ends the Article 13 exemptions but does not contain the trade union demands for injunction rights blocking management decisions

The Key Points: The European Parliament has approved the revised EWC Directive by a decisive 3:1 majority, with 414 votes in favour, 139 against, and 61 abstentions. The Directive will end Article 13 exemptions but notably excludes trade union demands for injunction rights that would allow EWCs to block management decisions through courts. The Council of Ministers' approval is a formality.

The revision eliminates Article 13 agreements for around 350 undertakings, requiring them to negotiate new EWC agreements through Special Negotiating Bodies (SNBs). For companies with Article 6 agreements, changes include new "transnational" definitions and mandatory written management responses to EWC opinions.

Why This Matters: EWCs will remain information and consultation bodies rather than bargaining entities, preserving the existing balance of industrial relations. Trade union aspirations for European-level bargaining through EWCs have been conclusively rejected by lawmakers. The absence of injunction rights means management decisions cannot be legally blocked based on EWC dissatisfaction with consultation processes. 

Companies with Article 13 agreements face the most significant impact, as they must now operate within the full legal framework rather than their current exempted status.

What Might Happen Next The Council's formal approval will trigger the legal finalization and translation process, leading to Official Journal publication within the coming months. Member states will begin their two-year transposition timeline, potentially varying in their national implementation approaches. Companies with Article 13 agreements should expect SNB requests from unions seeking to negotiate compliant EWC agreements. The practical impact will largely depend on how individual member states choose to transpose the Directive into their domestic legislation.

What You Should Be Doing: Our comprehensive implementation guide will be published once the official text becomes available. Companies with Article 13 agreements need immediate strategic preparation for managing the transition to compliant EWC structures. 

Contact [email protected] to discuss when we will be next running our EWC III Directive training programme