contents table Logo lexp
Article 13

Article 13 — Workers

  1. Members States shall ensure that individual and collective workers' rights, under Union and national labour law, such as the following, are not affected by the preventive restructuring framework:
    1. the right to collective bargaining and industrial action; and
    2. the right to information and consultation in accordance with Directive 2002/14/EC and Directive 2009/38/EC, in particular:
      1. information to employees' representatives about the recent and probable development of the undertaking's or the establishment's activities and economic situation, enabling them to communicate to the debtor concerns about the situation of the business and as regards the need to consider restructuring mechanisms;
      2. information to employees' representatives about any preventive restructuring procedure which could have an impact on employment, such as on the ability of workers to recover their wages and any future payments, including occupational pensions;
      3. information to and consultation of employees' representatives about restructuring plans before they are submitted for adoption in accordance with Article 9, or for confirmation by a judicial or administrative authority in accordance with Article 10;
    3. the rights guaranteed by Directives 98/59/EC, 2001/23/EC and 2008/94/EC.
  2. Where the restructuring plan includes measures leading to changes in the work organisation or in contractual relations with workers, those measures shall be approved by those workers, if national law or collective agreements provide for such approval in such cases.