Interview with Reiner Hoffmann, Deputy General Secretary of the ETUC

Question: What is the reason that the long expected revision of the EWC Directive is still not on the table yet?

Hoffmann: There are three essential reasons. There is at first the EU Commission, which has not started yet the second phase of consultation for the revision of the EWC directive. This can be explained with a momentary resistance within the Commission, to develop any work and social legislative initiative. Secondly there is a heavy reservation against the revision of the EWC Directive at Business Europe, they officially do not see need for this. Thirdly, there is no great euphoria in most member states either to take up the cause of that topic. On the contrary, with the UK we have at least one member state which is willing to organize a minority blockade if necessary.

Question: What is the explanation that despite the available Directive EWCs exist only in about one third of the almost 2,300 companies which are capable of having an EWC?

Hoffmann: This is correct although it has to be said that these 800 companies due to their size cover good two thirds of the employees concerned.

Question: What is the ETUC doing to get it changed?

Hoffmann: We are just about to obtain a summary for ourselves on how many negotiations are going on at the moment. But of course it is necessary to look in the mirror. After all, the employees and trade unions must get active themselves in the case of a formation. For us this implies to intensify our engagement considerably. At the ETUC congress in Seville we agreed among other things to conduct a campaign with the aim to increase the number considerably within the next four years. In doing so we work closely with the European industry federations and the trade unions in the member states.

Question: What are the central demands for the revision of the Directive?

Hoffmann: Our demands begin already with the erection of the EWCs. The negotiation duration of three years is far too long. Some enterprises abuse this period to prevent the quick formation of an EWC. We know that the company structure can change through sales completely within three years. This then leads to further delays again and again. The negotiation duration should therefore be reduced to six at the most to 12 months.

The other central demand is a precise definition of what is meant by information and consultation. In this case the measuring stick for us is the definition as it applies in the European company. It must be made sure primarily that the information and consultation is carried out on time, that is before obligatory decisions are taken in the company. Only in such a way the EWC can try to effectively impact the company decisions in order to prevent possible negative consequences for the employees or at least minimise the effects. Another essential area is to optimize the meeting frequency and the quality of the working conditions of the EWCs. As a standard, workers' representatives shall have two EWC meetings per annum in future. Primarily it is also all about to form committees to single topics which then can carry out independent meetings to deepen the topics between the EWC meetings. We also see the necessity, that the employers finance external experts in future because in more complex restructuring cases the need for expertise rises inevitably.

But also in the area of the training more must happen, an EWC member can fulfil its task more effectively when he or she is entitled to take part in training. Foreign language skills must be promoted particularly. An essential for us is also the recognition of the trade unions which fulfil an important support and coordination function.

But last not least, we do not regard the threshold values of 1,000 employees as up-to-date any more. Since the EU enlargement the number of the companies, which have cross-border activities and have less than 1,000 employees is increased enormously. It cannot be, that the right to information and consultation is refused to employees in smaller Europe-wide active companies. According to the Charter of Fundamental Rights this must be regarded as a basic right for all employees.

Question: As of when can one count on the revision of the Directive?

Hoffmann: The pressure on the EU commission has increased considerably. The European Parliament has asked the commission repeatedly to put its revision suggestions finally on the table. The European Economic and Social Committee to which employer representatives belong to with one third has also sent a reminder to review the Directive with an almost unanimous statement. And in everyday practice we always experience more frequently the limits of the EWC Directive so that the pressure also grows out of the companies. Eventually it depends on a clear signal that the European Union is not only benefical for the economy and the improvement on the competitiveness. It must set clear signals for the people. Among other things this means that employee rights are strengthened. This will play a major role for the elections of the European Parliament in the year 2009. The commission would therefore be well advised to get active with a concrete suggestion this year so that a revision can be adopted by the Council of the Labour and Social Affairs Ministers before the EP elections.


Reiner Hoffmann, 52, was elected Deputy General Sacretary of the ETUC at its congress in Prague in May 2003 and was confirmed at the congress in Seville in this in May 2007. Before he was the director of the European trade union institute (ETUI), also in Brussels. Before his time in Brussels he worked as a social scientist and economist in the Hans Böckler foundation for more than ten years until 1994. He is a member of the German industrial union for the chemical sector (IG BCE).


Reiner Hoffmann was interviewed by Bernhard Stelzl on August 9th, 2007.