EU Worker Protections and Employment Strategy (TFEU Focus)

Directive Provisions on Redundancies and Worker Rights

Member States may grant the competent public authority wider powers of extension.

The employer must be informed of the extension and the grounds before the expiry of the initial period provided for in paragraph 1.

Member States are not obliged to apply this article to collective redundancies arising from the termination of the establishment’s activities where this is the result of a judicial decision.

The directive does not affect the right of Member States to apply or introduce laws, regulations, or administrative provisions more favourable to workers or to permit or encourage the application of collective agreements more favourable to workers.

Member States shall ensure that representatives of workers or employees have access to administrative and/or judicial procedures to enforce the obligations under the Directive.

TFEU Coordinated Strategy for Employment

Excerpts from the Treaty on the Functioning of the European Union regarding Employment.

Article 145: Coordinated Strategy Development

Member States and the Union shall, in accordance with this Title, work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained, and adaptable workforce and labour markets responsive to economic change, with a view to achieving the objectives defined in Article 3 of the Treaty on European Union.

Article 146: Member State Contributions

  1. Member States, through their employment policies, shall contribute to achieving the objectives referred to in Article 145 in a way consistent with the broad guidelines of the economic policies of the Member States and of the Union.
  2. Taking into account national practices relating to the responsibilities of the social partners, Member States shall regard promoting employment as a matter of common concern and shall coordinate their action in this respect within the Council.

Article 147: Union’s Role in Employment

  1. The Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. In doing so, the respective powers of the Member States shall be respected.
  2. The objective of a high level of employment shall be taken into consideration in the formulation and implementation of Union policies and activities.

Article 148: Annual Review and Guidelines

  1. The European Council shall each year consider the employment situation in the Union and adopt conclusions thereon, on the basis of a joint annual report by the Council and the Commission.
  2. On the basis of the conclusions of the European Council, the Council, on a proposal from the Commission and after consulting the European Parliament, the Economic and Social Committee, the Committee of the Regions and the Employment Committee, shall each year draw up guidelines which the Member States shall take into account in their employment policies. These guidelines shall be consistent with the broad guidelines referred to in Article 121(2).
  3. Each Member State shall provide the Council and the Commission with an annual report on the principal measures taken to implement its employment policy in the light of the guidelines for employment as referred to in paragraph 2.
  4. The Council, on the basis of the reports referred to in paragraph 3 and having received the views of the Employment Committee, shall each year carry out an examination of the implementation of the employment policies of the Member States in the light of the guidelines for employment. The Council, on a recommendation from the Commission, may make recommendations to Member States if it considers it appropriate in the light of that examination.
  5. On the basis of the results of that examination, the Council and the Commission shall draw up a joint annual report to the European Council on the employment situation in the Union and on the implementation of the guidelines for employment.

Article 149: Cooperation and Support Measures

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, particularly through pilot projects.