Introduction

The involvement of employees by such process as giving information to, or the consultation of such employees or their representatives, and the participation or that of their representatives in decision making, takes place in a number of Member States. The methods and intensity of such participatory processes varies in the different Member States. Thus, in Germany, the representatives of employees have a right to participate in decision making on the supervisory boards of certain types of undertakings. The Dutch system of participation on the supervisory boards of large public and private companies involved a system of cooption, which system of participation has been recently amended, and which differs from that provided for by German law. In Belgium and Spain participation takes place solely through the medium of works councils, whilst in Germany the same enterprise may be governed by the Works Councils Act 1972, as amended, and also be subject to one of the forms of employee participation at board level. Works councils are also provided for by French and Dutch legislation.

In France, the employer (chef d'entreprise) is a member of the works council, but the position is different in Germany and the Netherlands. The powers of works councils differ in different countries. Thus mandatory consultation may only be required (if at all) in a limited number of cases in some states while the works council's participation in certain forms of decision making may not exist in certain countries, such as Spain.