Employee representation and consultation
The right of employees to be informed and consulted, through their elected representatives, on the economic situation of the business, on employment, and on decisions likely to change how work is organised or the terms of employment.
Who it applies to
Employers with 50 or more employees.
In force since
Nov 2007
Legal basis
Directive 2002/14/EC (national law varies by Member State)
Source
Spot-check 2026-08-24 against BOE-A-2007-19815 (Ley 38/2007) and ET Art. 63
Spot-checked Aug 2026
Who must comply
Employers above the national headcount threshold, which the Directive sets at 50 employees per undertaking (or 20 per establishment, at each Member State's choice); national law decides how representatives are elected and which body they form.
What an inspection involves
An inspection can request evidence that representatives were elected where the workforce asked for them, that they received the information they are entitled to, and that they were consulted before the decisions that require it.
Typical cost
Mostly time rather than tools: running the election, the hours representatives spend on their role, and keeping a record of what was shared with them and when; the legal requirement is the information and consultation itself, not any specific system.
See where your organization stands on this obligation
The Radar tracks this obligation against your own workplaces and headcount, not just in the abstract.