Recital (18)

Decisions on transnational matters can have far-reaching consequences for employees, such as in the case of redundancies arising from business plans, social plans, or process innovations. Effective transnational consultation requires a genuine dialogue between central management and European Works Councils, or employees’ representatives in the framework of an information and consultation procedure. This implies that information and consultation is to be conducted in a meaningful and timely way that enables employees’ representatives to express their opinion prior to the adoption of the decision. It also implies that opinions issued by European Works Councils or employees’ representatives are to receive a reasoned response from central management or a more appropriate level of management before the decision on the proposed measure at issue is adopted. Explicit requirements to that effect should be laid down in Directive 2009/38/EC, to ensure legal certainty.