Analysis of existing voluntary agreements on information and consultation in European multinationals

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Abstract
The article tries to give a brief overview of 35 agreements on European Works Councils (EWCs) with a comparative perspective. It shows a huge variety, some weaknesses and many sophisticated provisions. The Directive opens the door for positive negotiations and a practice, which should be based on partnership, trust and co-operation. Article 9 of the Directive stipulates: "The central management and the European Works Council shall work in a spirit of co-operation with due regard to their reciprocal rights and obligations". However, experience tells that one cannot legislate for "partnership", "trust" and "co-operation". Even the "all-mighty European Union" cannot do this. The intend for co-operation has to be based on the free will of management, unions and employee representatives. Without this intent for partnership and co-operation, it will be difficult to find an agreement and to put any agreement into an effective practice. Therefore both sides should be aware that the success of an EWC in the medium term depends on processes, structures and concrete experience with each other, which are indusive for partnership, trust and co-operation.

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