Directive 2009/38/EC of the European Parliament and of the Council 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 consulting employees (Recast) entered into force 20 days following its publication in the Official Journal of the EU of May 16, 2009 (Article 18). It is to be implemented in the internal order of labour law of the EU Member States no later than June 5, 2011. Article 16 of the Directive in question obliges the authorities of EU Member States to implement the Directive by way of bringing into force laws, regulations and administrative provisions necessary to comply with its provisions. The authorities of the EU Member States may entrust the obligation to bring the Directive into force to the social partners. Nevertheless, they must ensure that no later than on June 5, 2011 the social partners negotiate and sign collective bargaining agreements which are generally applicable in a given Member State and whose provisions would implement the provisions of Directive 2009/38/EC in the national system of labour law.

Directive 2009/38/EC introduces a number of changes in the European standards laid down in Directive 94/45/EC. Its purpose is to raise the level of the rights to information and consultation of employees employed in European work establishments. Directive 2009/38/EC is without prejudice to the basic rights of employees of the European Union.