A new directive on European Works Councils was adopted on 1 January 2026: Directive (EU) 2025/2450. Member States of the European Union must have implemented this Directive by 1 January 2028 at the latest. In the Netherlands, this is being done through a bill: the ‘Act implementing the revised EU Directive on European Works Councils’.
Drawing on our many years’ experience in training and providing substantive advice to employee representatives and directors at national and European level, the EWC-Service of SBI Formaat has responded to this implementation proposal.
The EWC-Service endorses the aim of the revised Directive
The new Directive on European Works Councils brings significant improvements to the effectiveness of employee participation at European level. Furthermore, in our view, it is desirable that differences between Member States on key aspects of the Directive be reduced as much as possible. To ensure effective employee participation at European level, it is essential to prevent a situation arising in which the choice of the country of establishment for an EWC is influenced by differences in the implementation of the Directive.
The implementation proposal generally does justice to these objectives by opting for a strict implementation of the Directive whilst at the same time seeking to align with the Dutch tradition of employee participation. Where there is scope for national interpretation, the objectives of the Directive should be kept in mind as much as possible, taking precedence over specific interests or circumstances. Strict implementation allows for employee participation practices to provide for this interpretation in a transparent manner, in line with the objectives of the Directive, whether or not through case law.
The first to put forward an implementation proposal
The Netherlands is the first country to have published a concrete proposal for the implementation of the Directive. This deserves praise, whilst at the same time placing a greater responsibility on the legislator. The implementation proposal is being viewed with great interest abroad, and it is not inconceivable that other Member States will adopt elements of it. For this reason, too, it is not desirable to deviate from the guiding principles and objectives of the Directive.
Below, we discuss those aspects of the proposal which, in our view, require further refinement.
Strengthening the implementation proposal
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Training for the Special Negotiating Body (SNB)
The position of the SNB is improved in the implementation proposal, but the right to training and advice deserves further clarification. The SNB must be able to receive training and support even before negotiations begin, so that it is well prepared and sits at the table on an equal footing with the director.
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Legal representation of the EWC
The proposal leaves it to the EWC agreement to determine who may legally represent the EWC. This could jeopardise its independence and access to legal procedures. SBI Formaat therefore advocates the same minimum legal requirements as for the SNB: the representative must be a member of the EWC and have been elected by the EWC from among its own members.
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Confidentiality
SBI Formaat welcomes the use of the Trade Secrets Protection Act as an objective framework for confidentiality. This strengthens the EWC’s position regarding the provision of information subject to confidentiality, whilst also making it more difficult for companies to withhold information without good reason. However, it must remain possible to make additional agreements on confidentiality within the EWC agreement.
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Gender balance
The aim of achieving at least 40 per cent representation of both men and women is supported, but the practical implementation requires clarification. The EWC and SNG must be given access to the necessary information and means of communication to enable them to fulfil their best-efforts obligation. In addition, safeguards are needed to protect individual EWC and SNB members from pressure or proceedings relating to gender balance.
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Penalty and enforcement framework
According to SBI Formaat, the proposed Dutch sanctions are not sufficiently dissuasive for large international companies. It is therefore proposed that supervision of compliance with the EWCA be entrusted to the Labour Inspectorate, including the power to impose appropriate fines. Disputes concerning the implementation of an existing EWC agreement can then continue to be heard by the Enterprise Chamber.
Summary
SBI Formaat’s EWC-Service endorses the aim of the revised EU Directive to make European employee participation more effective. The implementation proposal generally does justice to this aim, but in our view requires clarification on a number of points. The legislator is urged to explicitly stipulate that the SNB is entitled to training and advice even before negotiations commence. Furthermore, the minimum requirements for the EWC’s legal representation must be brought into line with those of the SNB. It is also important to maintain an objective framework for confidentiality; additional safeguards regarding gender balance are required; and provision must be made for more severe financial penalties.
Click on the image for the full response to the consultation.
On behalf of the EWC-Service at SBI Formaat
Ingmar Jansen, MSc / Jochem Spronk, MSC / drs. André van Deijk
Together with your EWC, we can compare your agreement with the new Directive and identify where it will need to be amended. The EWC team supports European Works Councils in areas including:
Negotiations on amendments to the EWC agreement;
- Legal support;
- Process guidance;
- Training on the new Directive;
- A new agreement regarding Article 13.
