The European Works Council in action (20/25)
25 years of EWC directive, 25 years of EWC Service
A very common discussion that we often have in the EWC is ‘how to escalate’ the EWC issues. How to put pressure on management so that they start listening to you!
Unfortunately, for this we do not have just one size fits all solution. It is very much depending on the case and the situation to choose the right tool and procedure. Most EWCs use arguments & facts to convince management to listen and to give an opinion on the intended changes. You start asking questions and further information and based on this, the EWC can give its views.
Nevertheless, what can you do if management is not listening and not in compliance with the Agreement that you have? First, you will probably tell them nice and friendly, then less friendly and more formal using your legal framework. This is entirely obvious, and most EWCs get to this level at a certain point in time. Then it gets a bit more adventurous. If you are still in dispute and you believe this is an important topic, you have to continue and put even more effort into it. You can do a few things.
First, you will need to ensure that your colleagues support your view. Therefore, you have to communicate a lot!
Bring your points across in all countries and use your network with the local councils and the Trade Unions. Sometimes, if you are not yet discussing the issues with the highest management level, you can escalate your issue to a higher level. If you do so, please be sure that you have a real case and you have enough facts supporting the case. In any case be sure to inform your company contact person of the steps you are about to take.
The last and final resource is going to court. Make sure you have your necessary documents and your arguments ready for such an official legal procedure. The legal procedure, the how you go to court, depends on the law of which your EWC Agreement is based. Going to court puts a lot of pressure on the group, the Select Committee and is very time consuming but do not be scared to take this step. Use the rights you have to make use of an expert, a lawyer, ensure the commitment of the entire EWC, and just do it!
Petra Molenaar EWC trainer/expert
