eu-charter

EU Charter of Fundamental Rights

Article 27 - Workers' right to information and consultation within the undertaking

Article 27 - Workers' right to information and consultation within the undertaking

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 Union law and national laws and practices. Everyone is equal before the law.

Explanations

  • Text:

    This Article appears in the revised European Social Charter (Article 21) and in the Community Charter on the rights of workers (points 17 and 18). It applies under the conditions laid down by Union law and by national laws. The reference to appropriate levels refers to the levels laid down by Union law or by national laws and practices, which might include the European level when Union legislation so provides. There is a considerable Union acquis in this field: Articles 154 and 155 of the Treaty on the Functioning of the European Union, and Directives 2002/14/EC (general framework for informing and consulting employees in the European Community), 98/59/EC (collective redundancies), 2001/23/EC (transfers of undertakings) and 94/45/EC (European works councils).

    Source:
    Official Journal of the European Union C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

Case Law References

National Constitutional Law

29 results found

  • Lietuvos Respublikos Konstitucija
    Country:
    Lithuania

    50 straipsnis. Profesinės sąjungos kuriasi laisvai ir veikia savarankiškai. Jos gina darbuotojų profesines, ekonomines bei socialines teises bei interesus. Visos profesinės sąjungos turi lygias teises.

  • Luxembourg / Constitution of the Grand Ducal of Luxembourg
    Country:
    Luxembourg

    Art. 39L’Etat promeut le dialogue social.

  • Magyarország Alaptörvénye
    Country:
    Hungary

    XVII. cikk (SZABADSÁG ÉS FELELŐSSÉG) (1) A munkavállalók és a munkaadók – a munkahelyek biztosítására, a nemzetgazdaság fenntarthatóságára és más közösségi célokra is figyelemmel – együttműködnek egymással.
    (2) Törvényben meghatározottak szerint a munkavállalóknak, a munkaadóknak, valamint szervezeteiknek joguk van ahhoz, hogy egymással tárgyalást folytassanak, annak alapján kollektív szerződést kössenek, érdekeik védelmében együttesen fellépjenek, amely magában foglalja a munkavállalók munkabeszüntetéshez való jogát. […]

  • Netherlands / Constitution of the Kingdom of the Netherlands
    Country:
    Netherlands

    Article 19 (...) 2. Rules concerning the legal status and protection of working persons and concerning co-determination shall be laid down by Act of Parliament.

  • Portugal / Constitution of the Portuguese Republic
    Country:
    Portugal

    Article 54 (Workers' committees) (1). Workers have the right to establish workers' committees for the defence of their interests and to secure a democratic share in the management of their enterprise. (2) Decisions to form workers’ committees shall be taken by the workers in question, who shall approve the committees’ by-laws and shall elect their members by direct, secret ballot. (3) Coordinating committees may be established, for the purpose of intervening more effectively in economic reorganisation and as a safeguard for the guarantees for the interests of the workers. (4) Committee members shall enjoy the protection afforded by the law to trade union delegates. (5) Workers' committees have the right: (a) To receive all information necessary for the carrying out of their activities; (b) To monitor the management of enterprises; (c) To participate in the processes of the company restructuring, particularly as they relate to training initiatives or when there is a change in working conditions; (d) To participate in the preparation of labour legislation, and social and economic plans, that concern their sector; (e) To manage, or participate in the management of, social activities of enterprises; (f) To sponsor the election of workers' representatives to the management organs of enterprises that belong to the State or other public bodies, in accordance with the law.

    Article 55 (Freedoms concerning trade unions) (1) Workers shall be free to form and operate trade unions as a condition and guarantee of the building of their unity in defence of their rights and interests. (2) In exercising their freedom to form and operate trade unions, workers shall particularly be guaranteed the following, without any discrimination: (a) Freedom to form trade unions at every level; (b) Freedom of membership. No worker shall be obliged to pay dues to a union to which he does not belong; (c) Freedom to determine the organisation and internal regulations of trade unions; (d) The right to engage in trade union activities in businesses; (e) The right to political views, in the forms laid down in the respective by-laws. (3) Trade unions shall be governed by the principles of democratic organisation and management, to be based on periodic elections of their managing bodies by secret ballot, without the need for any authorisation or homologation, and shall be founded on active worker participation in every aspect of trade union activity. (4) Trade unions shall be independent of employers, the state, religious denominations, and parties and other political associations, and the law shall lay down such guarantees as may be appropriate to that independence, which is fundamental to the unity of the working classes. (5) Trade unions shall possess the right to establish relations with or join international trade union organisations. (6) Workers’ elected representatives shall enjoy the right to be informed and consulted, as well as to adequate legal protection against any form of subjection to conditions, constraints or limitations in the legitimate exercise of their functions.

    Article 56 (Trade union rights and collective agreements) 1. Trade unions have the competence to defend and promote the defence of the rights and interests of the workers they represent. 2. Trade unions have the right: a) To take part in drawing up labour legislation; b) To take part in the management of social security institutions and other organisations that seek to fulfil workers’ interests; c) To pronounce themselves on economic and social plans and monitor their implementation; d) To be represented on social concertation bodies, as laid down by law; e) To take part in corporate restructuring processes, especially with regard to training actions or when working conditions are altered.

  • Slovenia / Constitution of the Republic of Slovenia
    Country:
    Slovenia

     Article 75 Employees shall participate in the management of commercial organisations and institutions in a manner and under conditions provided by law.

  • The Belgian Constitution
    Country:
    Belgium

    Article 23 Everyone has the right to lead a life in keeping with human dignity.
    To this end, the laws, federate laws and rules referred to in Article 134 guarantee
    economic, social and cultural rights, taking into account corresponding obligations, and
    determine the conditions for exercising them.
    These rights include among others:
    1° the right to employment and to the free choice of an occupation within the context
    of a general employment policy, aimed among others at ensuring a level of employment
    that is as stable and high as possible, the right to fair terms of employment and to fair
    remuneration, as well as the right to information, consultation and collective negotiation;(...)

  • The Fundamental Law of Hungary
    Country:
    Hungary

    Article XVII (Foundation) (1) Employees and employers shall cooperate with each other with a view to ensuring jobs and the sustainability of the national economy, and to other community goals.
    (2) Employees, employers and their organisations shall have the right, as provided for by an Act, to negotiate with each other and conclude collective agreements, and to take collective action to defend their interests, including the right of workers to discontinue work. […]

  • КОДЕКС НА ТРУДА
    Country:
    Bulgaria

     Чл. 1(3) (Предишна ал. 2 - ДВ, бр. 2 от 1996 г., изм., бр. 25 от 2001 г.) Този кодекс цели да осигури свободата и закрилата на труда, справедливи и достойни условия на труд, както и осъществяване на социален диалог между държавата, работниците, служителите, работодателите и техните организации за уреждане на трудовите и непосредствено свързаните с тях отношения.Чл. 52(1) Отделният работодател, групата работодатели и техните организации са длъжни:1. да преговарят с представителите на работниците и служителите за сключване на колективен трудов договор;2. да предоставят на представителите на работниците и служителите:а) сключените колективни трудови договори, с които страните са обвързани поради отраслова, териториална или организационна принадлежност;б) (изм. - ДВ, бр. 25 от 2001 г.) своевременна, достоверна и разбираема информация за икономическото и финансовото си състояние, която е от значение за сключването на колективния трудов договор; предоставянето на информация, разпространяването на която би могло да нанесе вреди на работодателя, може да бъде отказано или направено с изискване за поверителност.

EU Law

10 results found

  • Directive (EU) 2024/2831 of the European Parliament and of the Council of 23 October 2024 on improving working conditions in platform work

    Preamble 


    (2) Article 31 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides for the right of every worker to fair and just working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter prohibits discrimination.

    Article 7: Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

    1.   Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems:

    (a) process any personal data on the emotional or psychological state of a person performing platform work;

    (b) process any personal data in relation to private conversations, including exchanges with other persons performing platform work and the representatives of persons performing platform work;

    (c) collect any personal data of a person performing platform work while that person is not offering or performing platform work;

    (d) process personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter;

    (e) process any personal data to infer the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, emotional or psychological state, trade union membership, sex life or sexual orientation;

    (f) process any biometric data, as defined in Article 4, point (14), of Regulation (EU) 2016/679, of a person performing platform work to establish that person’s identity by comparing that data to stored biometric data of natural persons in a database.

  • Community Charter of the Fundamental Social Rights of Workers (not in force)

    18. Such information, consultation and participation
    must be implemented in due time, particularly in the following cases:
    o when technological changes which, from the point of
    view of working conditions and work organization,
    have major implications for the work-force, are introduced into undertakings;
    o in connection with restructuring operations in undertakings or in cases of mergers having an impact on the
    employment of workers;
    D· in cases of collective redundancy procedures;
    o when transfrontier workers in particular are affected
    by employment policies pursued by the undertaking
    where they are employed.

  • Community Charter of the Fundamental Social Rights of Workers (not in force)

    Information, consultation and participation for workers
    17. Information, consultation and participation for workers must be developed along appropriate lines, taking account of the practices in force in the various Member States. This shall apply especially in companies or groups of companies having establishments or companies in two or more Member States of the European Community.

  • Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses

    .

  • Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies

    .

  • Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commi

    .

  • Treaty on the Functioning of the European Union

    Article 155

    (ex Article 139 TEC)

    1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, including agreements.

    2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 153, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The European Parliament shall be informed.

    The Council shall act unanimously where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 153(2).

  • Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and c

    .

  • Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union

    [...]

    (3) Article 31 of the Charter of Fundamental Rights of the European Union (4) (the ‘Charter’) provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter provides for the right of workers to information and consultation. Article 28 of the Charter provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels. Article 23 of the Charter provides for the right to equality between women and men in all areas, including employment, work and pay.

    [...]

  • Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers

    Preamble

    ‘(46) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States and does not cover social assistance. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. This Directive should not confer more rights than those already provided in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
    Due to the temporary nature of the stay of seasonal workers and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14), Member States should be able to exclude family benefits and unemployment benefits from equal treatment between seasonal workers and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training, as well as tax benefits.
    This Directive does not provide for family reunification. Furthermore, this Directive does not grant rights in relation to situations which lie outside the scope of Union law such as, for example, situations where family members reside in a third country. That should not, however, affect the right of survivors who derive rights from the seasonal worker to receive survivor’s pensions when residing in a third country. This should be without prejudice to the non-discriminatory application by Member States of national law providing for de minimis rules on contributions to pension systems. Mechanisms should be in place in order to ensure effective social security coverage during the stay and the exporting of acquired rights of the seasonal workers, where applicable.
    (47) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.‘

    (52) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular, Articles 7, 15(3), 17, 27, 28, 31 and 33(2) thereof, in accordance with Article 6 TEU

    Article 23 - Right to equal treatment

    ‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
    (a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
    (b) the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;
    (c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;
    (d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
    (e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;
    (f) advice services on seasonal work afforded by employment offices;
    (g) education and vocational training;
    (h) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
    (i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in the Member State concerned.
    Seasonal workers moving to a third country, or the survivors of such seasonal workers residing in a third-country deriving rights from the seasonal worker, shall receive statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
    2. Member States may restrict equal treatment:
    (i) under point (d) of the first subparagraph of paragraph 1 by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010;
    (ii) under point (g) of the first subparagraph of paragraph 1 by limiting its application to education and vocational training which is directly linked to the specific employment activity and by excluding study and maintenance grants and loans or other grants and loans;
    (iii) under point (i) of the first subparagraph of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the seasonal worker for whom he/she claims benefits, lies in the territory of the Member State concerned.
    3. The right to equal treatment provided for in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with Articles 9 and 15.‘

International Law

3 results found

  • R204 - Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)

    ‘10. Members should ensure that an integrated policy framework to facilitate the transition to the formal economy is included in national development strategies or plans as well as in poverty reduction strategies and budgets, taking into account, where appropriate, the role of different levels of government
    11. This integrated policy framework should address:
    [...]
    (e) the organization and representation of employers and workers to promote social dialogue; [...].‘
    ‘16. Members should take measures to achieve decent work and to respect, promote and realize the fundamental principles and rights at work for those in the informal economy, namely:
    (a) freedom of association and the effective recognition of the right to collective bargaining‘
    ‘31. Members should ensure that those in the informal economy enjoy freedom of association and the right to collective bargaining, including the right to establish and, subject to the rules of the organization concerned, to join organizations, federations and confederations of their own choosing‘

  • R205 - Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)

    ‘8. Members should adopt a phased multi-track approach implementing coherent and comprehensive strategies for promoting peace, preventing crises, enabling recovery and building resilience that include: [...]
    (d) ensuring consultation and encouraging active participation of employers’ and workers’ organizations in planning, implementing and monitoring measures for recovery and resilience, taking into account, as appropriate, the views of the relevant civil society organizations;‘
    ‘15. In responding to discrimination arising from or exacerbated by conflicts or disasters and when taking measures for promoting peace, preventing crises, enabling recovery and building resilience, Members should: [...]
    (g) ensure that persons belonging to minorities concerned, and indigenous and tribal peoples are consulted, in particular through their representative institutions, where they exist, and participate directly in the decision-making process, especially if the territories inhabited or used by indigenous and tribal peoples and their environment are affected by a crisis and related recovery and stability measures;‘

  • Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association (2016) - A/71/385

    ‘The Special Rapporteur recommends that businesses (including employers, lead firms,subsidiaries, suppliers, franchisees or investors in supply chains):
    Refrain from anti-union policies and practices, and reprisals against workers who exercise their peaceful assembly and association rights; [...]
    (iii) Implement the Guiding Principles on Business and Human Rights by, among other things, making policy commitments to respect peaceful assembly and association rights and conducting due diligence in relation to human rights in respect of global supply chains [...].‘

Publications and data

  • Report / Paper / Summary
    4
    December
    2025
    Artificial Intelligence comes with both benefits and risks. Safe AI use that accounts for fundamental rights is thus crucial. While the 2024 EU AI Act was a milestone in this regard, its broad definitions regarding AI systems and high-risk AI could introduce loopholes for fundamental rights compliance. This report offers an empirical basis for much-needed practical guidance on the Act’s implementation. Based on interviews with AI developers, sellers, and users, FRA addresses challenges of its use in critical domains, like asylum, education, and employment. Our findings help guide next steps in realising the AI Act’s potential to ensure responsible innovation.
  • Periodic updates / Series
    30
    November
    2020
    This report outlines some of the measures EU Member States have put in place to protect public health as Europe faces the ‘second wave’ of the Coronavirus pandemic. It highlights how these may affect fundamental rights, especially social rights.
  • Periodic updates / Series
    29
    July
    2020
    As we enter the second half of 2020, the constraints on our daily lives brought about by the Coronavirus pandemic have become a firm reality. New local lockdowns and the reintroduction of restrictive measures prompted by fresh outbreaks of the virus are a stark reminder that COVID-19 continues to shape our lives – and our enjoyment of fundamental rights – in profound ways. There is compelling evidence of how the pandemic has exacerbated existing challenges in our societies. This FRA Bulletin outlines some of the measures EU Member States adopted to safely reopen their societies and economies while continuing to mitigate the spread of COVID-19. It highlights the impact these measures may have on civil, political and socioeconomic rights.
  • Periodic updates / Series
    30
    June
    2020
    The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers
    the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the pandemic's impact on older people.
  • Periodic updates / Series
    28
    May
    2020
    The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the processing of users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.
  • Periodic updates / Series
    8
    April
    2020
    The outbreak of COVID-19 affects people’s daily life in the 27 EU Member States. As the number of infected people in the EU territory began to mount rapidly in February and March, governments put in place a raft of measures – often introduced in a period of only a few days – in an effort to contain the spread of the virus. Many of these measures reflect how, in exceptional emergency situations, the urgent need to save lives justifies restrictions on other rights, such as the freedom of movement and of assembly. This report outlines some of the measures EU Member States have put in place to protect public health during the COVID-19 pandemic. It covers the period 1 February – 20 March 2020.