Trade Unions’ Rights, Work Councils’ Functions and the Legal Framework for Governing European Corporations

A Spanish Perspective

Abstract

This paper provides analytical research about changing legislation on the functions of work councils and trade unions in participating in the decision making process at firm level in European countries with systems of double channel based models of representation (like Spain, France or Germany). The paper tests European regulations on the involvement of workers in management decisions, in connection with national rulings passed in some European countries, especially during the financial crisis. The paper will aim at responding the following key questions: What kind of complementarity is to be statutorily built between the functions of work councils and collective agreements in order to guarantee workers’ participation in the governance of corporations? Is codetermination a more effective system than collective bargaining to build on new forms of corporate governance in a transnational context?