La participación de los trabajadores en el ámbito empresarial supranacional. Aspectos controvertidos de la Directiva 2009/38/CE, del Parlamento y del Consejo, de 6 de mayo, sobre constitución de un Comité de Empresa Europeo o de un procedimiento de inform

Abstract

The great obstruction to the articulation of transnational participation mechanisms for safeguarding the rights of information and consultation of employees who serve in supranational companies and companies' groups has been made, in many cases, by the companies and groups. It is necessary that Member States, social bodies representing national and community, businesses, governments and national and European courts walk in the same direction for the Directive 2009/38/EC can be met effectively. The compliance by a company or group, of the obligations of the EU Directive does not restrict freedom of enterprise in the decision making process and the effectiveness of the implementation of its decisions, which does not prevent the employee representatives in the exercise of its powers, influence in this area. The existence of the EU Directive would be meaningless if persiguiese not as an ultimate goal, it pronounced in Article 1, that is, enhancing the right to information and consultation of employees in undertakings and groups of undertakings Community dimension this goal must prevail over any other. Consequently, it is not intended to be the community standard to preserve the interests of the companies and groups with complex structures. Thus, the confidentiality of information of a company or group of companies transnational nature should not prevail over the rights of information and consultation of employees. It is vital that the company supplied to EWC relevant information in a timely manner so that, prior to making the business decision, the court cited to appreciate and express their opinion through a report. With the new concept of transnational issue, set out in that Article, has opted for a radical separation between the EWC and national representative bodies may have obtained very good results if both levels of representation coordinate their activity, joining forces to carry out the struggle for the achievement of this objective common labor. In any case, the practice shows that the opinion of the European Works Council is not usually taken into consideration by the company becoming thus articulating mechanisms necessary to ensure that the consultation is a real mechanism for real and effective participation of workers, ie a genuine process of collective bargaining.