Neglecting the Involvement of Trade Unionsin Due Diligence processes? A Critical Appraisalof the EU’s Corporate Due Diligence Directive

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Abstract
After a brief reconstruction of the various steps that have emphasised the role of human rights due diligence, the article examines the role of trade unions and other forms of employee representation in the implementation of due diligence processes. More specifically, it aims to verify whether, and to what extent, this objective can be said to be achieved in the Directive on Corporate Sustainability Due Diligence. With this purpose, the article looks into the concept of “employee participation” in the decision-making of an organisation and the advantages of an effective participation by employees and their representatives in the adoption of human rights due diligence processes pointed out by several studies and international institutions. Then, it analyses the participation granted to employees’ representatives in the various actions that companies have to take to comply with the due diligence duty under the proposed directive and the legal instrument adopted. The limits and shortcomings found in the
proposal have been significantly overcome in the final version, which leads to an overall positive judgement despite some minor gaps.

Keywords
Global value chains, Labour protection regulations, Due diligence, trade unions, EU Directive.F