Employee representation varies across Europe, combining both representation through local union bodies and through works councils – or similar structures elected by all employees. In the 28 EU states plus Norway, there are four states where the main representation is through works councils with no statutory provision for unions at the workplace; eight where representation is essentially through the unions; another 12 where it is a mixture of the two; and a further five where unions were the sole channel, but legislation now offers additional options. In many countries, national legislation implementing the EU’s information and consultation directive has complicated the picture. One common feature of most states is that unions play a central role.

The structures

There are important differences in the formal structures for employee representation at the workplace in the 28 EU member states and Norway.

In four states – Austria, Germany, Luxembourg and the Netherlands – the main workplace representation is through works councils, elected by all employees, and the law makes no provision for workplace structures for unions.

In 12 others – Belgium, Croatia, the Czech Republic, France, Greece, Hungary, Norway, Poland, Portugal, Slovakia, Slovenia and Spain – the law, or, in the case of Norway, the basic agreement, provides for both union and works council structures to exist at the workplace at the same time. However, there are major differences between the countries in this group.

Works councils are much more common in some countries than others. In Greece, they exist more in theory than in practice, and in Portugal too works councils are relatively rare. The situation seems similar in the Czech Republic, where, for a period, works councils could only be set up if there was no union, and there are still very few. Slovakia also only permitted works council to be set up in workplaces with unions in 2003. However, although this is now possible, in practice it hardly ever happens. Unions are present in twice as many companies in Slovakia as works councils, and where there is a union presence it is very unlikely that a works council will exist.

In Poland, works councils – a relatively new structure in the country – were at the start in most cases chosen by the union, although later legislative changes required them to be elected. In practice, many of the works councils that were set up initially have ceased to exist and they are now relatively rare.

In Hungary and Slovenia, works councils are more widely established and in both countries unions and works councils are found at the same workplaces, which union members generally playing a key role. In Croatia too works councils are common. However, it is possible for the rights and duties of the works council to be taken on by the union representative, and there are some signs that this is becoming more common.

The situation is different in Norway and Spain, reflecting the particular roles works councils play in the two states. In Norway, works councils exist alongside union representation in larger companies, but their role is essentially to improve competitiveness, rather than represent employees. Spanish works councils, on the other hand, can undertake collective bargaining and are closely tied to the union.

Finally, in Belgium and France, works councils exist alongside the union structure in larger companies, but in both states the union is clearly the dominant partner.

In five states – Bulgaria, Estonia, Ireland, Latvia and the UK – the pattern is different. In all of them, unions in the past provided the only channel for representation, but now there is the legal possibility of elected employee representatives being in place alongside the union. One key difference between this group and countries like Belgium and France is that the legal rights of these elected representatives are very limited. The law defines how they should operate in Bulgaria, Estonia and Latvia, while in Ireland and the UK this is left to negotiated agreements.

In the remaining eight states – Cyprus, Denmark, Finland, Italy, Lithuania, Malta, Romania and Sweden – workplace representation is essentially through the unions in the first instance, although the rights they enjoy vary considerably.

There are also variations in how the unions exercise these rights. In Cyprus, Finland, Lithuania, Malta, Romania and Sweden it is done through the existing union structures, but the situation is slightly different in Denmark and Italy (see below).

The EU Directive (2002/14/EC), which required member states to ensure that all employees had access to information and consultation, meant that this group of countries had to make changes to their procedures. This was generally done by making exceptional arrangements for workers without union representation.  In Finland, for example, employees can elect non-union representatives, but only if there are no union representatives for that group of workers, or where non-union employees are in the majority.

Over and above these variations in structure, there are further differences in the powers of workplace representatives, the thresholds from which they must be set up, their election arrangements and term of office. These are examined in the country sections. The country sections also look at representatives’ protections against dismissal, their time off and the resources at their disposal, as well as whether there are arrangements for employee representation at group level.

Table: Workplace representation in Europe (2014)

The role of unions

One common thread that runs through most of the states is the important role that trade unions play in workplace representation. This is clear from the Nordic countries and Italy, where the union channel is the only channel; and it is clear from those countries with just works councils, where union candidates take a clear majority of seats, as in Germany or the Netherlands.

In many of the countries where both structures exist at the same time and works councils are found widely, unions play a key role. This is the case in France and Belgium, where the individuals involved are often the same and the unions dominate. The position seems similar in Hungary and Slovenia.  In Greece and Portugal works councils are relatively rare but are most frequently found in strongly unionised workplaces. In Slovakia, in contrast, works councils hardly exist where there is union organisation.

A union presence is also critical for effective representation at the workplace in those countries without strong legislative support for unions, such as the UK and many of the states in Central and Eastern Europe. In these states, the evidence suggests that without unions, there is little workplace representation – a situation which the legislation implementing the EU directive on information and consultation has not changed.