The right to be informed and consulted is a workers' right that is recognised at international and European level. It is enshrined in the European Social Charter, the Charter of Fundamental Rights of the European Union and the Community Charter of the Fundamental Social Rights for Workers.
European Social Charter (revised)
Article 21 of the European Social Charter (revised) states that ‘with a view to ensuring the effective exercise of the right of workers to be informed and consulted within the undertaking, the Parties undertake to adopt or encourage measures enabling workers or their representatives, in accordance with national legislation and practice’.
Charter of Fundamental Rights of the European Union
Chapter IV, “Solidarity”, of the Charter of Fundamental Rights of the EU, article 27, under the title of “Workers’ Right to Information and Consultation within the Undertaking”, states that: “Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices”.
Community Charter of the Fundamental Social Rights for Workers
Community Charter of the Fundamental Social Rights for Workers of 1989, to which the second recital of directive 2002/14/EC contains a direct reference, stipulates in its article 17 that: “Information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in the various Member States.”
- Article 18 states “such information, consultation and participation must be implemented in due time, and mentions particular cases.