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24
April
2015
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1.
Collective EU labour legislation reforms
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European Commission starts explosive round
of consultations
On 10 April 2015 the European Commission started an
official consultation procedure with trade union and employers'
associations on the European level. The goal is the revision of three
Directives which are of major importance to works councils:
The European Commission would
like to evaluate the consistency and effectiveness of these three legal
acts, and hereby standardize definitions and smooth out any
differences. The social partners must submit their opinion before the
30 June 2015. The crucial question hereby is how the information and
consultation of local works councils should take place in the case of
restructuring. This is currently also the main subject of conflict in
Brussels for the improvement of participation rights in European and SE
works councils. The following levels can be differentiated:
- Information
- Consultation
- Extended
consultation with the
goal of obtaining an agreement (e.g. a social plan)
- Co-determination
and/or
negotiation rights
Nowadays, levels 1 and 2 are
already a widely established legal right, even if the exact definition
continues to give rise to political and legal disputes. Level 3 is only
present in the SE Directive but, in the opinion of trade unions, it
should however be extended to all Directives. The question of sanctions
also has a special significance: If consultation is interpreted in the
French sense, there is a right to injunction. The employer cannot
implement any measures until the works council has rendered its
opinion. By using this concept intelligently negotiations can take
place before the opinion is rendered (see report in
EWC News 3/2011). Another issue just as important is
the specification of deadlines for rendering the opinion which
employers are very keen to explicity fix. Works councils however,
generally reject this since it represents the only way of enforcing
negotiations.
Start of EWC Directive
evaluation
The steering group which is preparing an evaluation
report on the practical implementation of the new EWC Directive met on
20 April 2015 at the European Commission in Brussels. The changes made
in 2009 are to be more closely examined in this evaluation. It will
include an analysis of the transposition in the different EU countries
as well as identifying challenges and examples of good practice in the
implementation of the new regulations. According to article 15 of the
EWC Directive, the European Commission is obliged to submit such a
report to the European Parliament and to the Council of Heads of States
and Governments before 5 June 2016 and if necessary to make suitable
proposals for revising the Directive.
An important part of the
evaluation will be a cost-benefit analysis of the new regulations for
employees as well as for companies. A legal analysis of past court
proceedings in EWC matters is also planned. The analysis, which will
drag on for several months until the end of 2015, will also include
interviews with management representatives and EWC members from
selected companies, in order to illustrate case studies. The contract
for the evaluation was awarded to the London office of ICF
International, the US consulting firm (formerly GHK Consulting), who
already carried out a similar analysis in 2008 before the last revision
of the EWC Directive (see report in
EWC News 3/2008). The EWC Academy in Hamburg in
collaboration with the French consulting company, IR Share, will
contribute to this new evaluation.
Forthcoming event
Dr Tina Weber, the project
manager of ICF, will present the first preliminary results at the
London conference for European works councils on 23 October 2015.
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2.
Court proceedings affecting the whole of Europe
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Insufficient sanctions in German EWC
legislation - a case for Luxembourg?
The
question whether or not the EU Directive on European works councils was
correctly transposed by the German legislator will come before the
labour courts in Lörrach on 29 April 2015. The EWC of the
Australian packing company, Amcor, has requested for preliminary
proceedings before the European Court of Justice in Luxembourg. It
considers that the maximum fine for infringement of consultation rights
amounting to 15,000 €, such as is formulated in the German EWC
legislation, is not “effective, dissuasive and proportionate
in relation to the seriousness of the offence” (original EWC
Directive wording). The only appropriate sanction would be an
injunction order such as in the Gaz de France case (see report in
EWC News 1/2008). The Amcor EWC operates under
German jurisdiction.
The
legal case concerns a plant
closure in Neumünster (Northern Germany) at the end of 2014
and is linked to a larger restructuring. Although 3,600 employees were
affected at 19 sites in 14 countries, central management at first
contested the transnational character and the competence of the EWC.
Dismissals were announced on 18 August 2014, with reference to a
business decision dating from 23 July 2014. Since the European works
council was likewise only informed on the 18 August 2014, the
infrigement of EWC rights could be substantiated in court. A
consultation procedure has no sense whatsoever, once the decision of
central management has been taken irrevocably. The breach of law here
is just as apparent as in the US automotive supplier Visteon case from
June 2011 (see report
in EWC News 3/2011).
Already
fourth court case for Amcor
The
current proceedings are
connected with three other legal cases, where the EWC is involved in
legal action at several court levels against central management. The
anglo-saxon style management has great difficulty in accepting the
existence of a full-fledged European works council and has been
purposefully obstructing for years.The issues under dispute in the
other court proceedings are:
- Can
the EWC publish critical
comments on central management’s business policy on their
Intranet? (see report
in EWC News 3/2013)
- Can
select committee members
travel to England, for the purpose of informing local employee
representatives about a restructuring? (see report in
EWC News 2/2014)
- Can
the EWC invite external
full-time union officers to its internal meetings?
Discussions
on an out-of-court solution
More
recently the clear
evidence available in the lastest case has prompted central management
to reconsider their attitude towards the EWC. Since December 2014 there
have been behind-the-scene discussions over a mutually agreed
settlement of all four procedures thus avoiding any court ruling. It is
difficult to forsee how long these discussions will last. Examples from
other companies (see report in
EWC News 1/2013) tend to suggest that it will not
end up in a court ruling.
Forthcoming
event
A
legal seminar on the subject
of past EWC case law is being held from 28 to 30 October 2015 in
Hamburg.
German stock exchange with
parity-based supervisory board thanks to EU workforce
On 16 February 2015 the Frankfurt-on-Main regional
court passed a ruling which could rock the foundations of the German
co-determination system. For the first time a German court ruled that
employment thresholds, according to which employee representatives are
nominated on supervisory boards, no longer take into consideration only
German employees, but the entire EU workforce. If this judgement is
confirmed in the second instance court, it would entail a major
expansion of co-determination rights within German companies.
Supervisory
board
representation has to be established when German companies exceed
certain thresholds: starting from 500 employees they are alloted a
third of the seats and starting from 2,000 employees one half. However,
up to now, only the employees in Germany were taken into account. In
the holding company of the German stock exchange in Frankfurt six
mandates are currently allotted to the works council, and twelve to the
shareholders (one-third participation). In Germany the company has
1,624 employees. The court has now included 1,588 employees from
Luxembourg, Czechia and the United Kingdom, since they consider their
exclusion to be a discrimination violating EU law. As a consequence the
company now has to form a parity-based supervisory board with six
employee and six shareholder representatives. On the employee side the
works councils must concede two seats to external trade union officers
and the shareholder side loses six mandates.
Consequences
also for SE supervisory boards?
In
view of this ruling,
employer-friendly lawyers are urging other German companies to
immediately start the conversion into the European Company (SE) legal
form to prevent the threatened expansion of German co-determination.
Whether this will be successful in the long term, remains uncertain.
This could possibly shed a completely new legal light on the freezing
or avoidance of employee participation in previous SE conversions. In
terms of figures for the whole of Europe, Germany counts for half of
all SE conversions with significance for employee rights (see report in
EWC News 4/2011).
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3.
Individual country reports
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Swiss
currency shock: Longer working hours with no wage compensation
On 15 January 2015 the Swiss
central bank floated the exchange rate for the franc. This has been
linked to the euro since September 2011, in order to protect the Swiss
economy from an overvaluation of its currency. On the very same day the
franc gained around 20% to the euro and has been fluctuating around
this level until today. Labour costs in exporting industries have
consequently risen by around 20%. In an effort to compensate this,
greater pressure has been put on employees and unions have protested
against the measures (see photo).
A
whole group of multinational
companies reacted with wage cuts or now pay wages in euros. Well known
companies such as Siemens have increased working time by five hours.
According to Swiss labour legislation, the weekly working hours can be
increased by mutual agreement with the works council up to 45 hours,
without wage compensation. The aim hereby is to avoid hiring new
employees. Over one third of all Swiss companies (37%) are now
invoicing in euros also for the domestic market. Despite this there are
now more and more cases where a relocation of production to the
euro-zone is being planned. The current unemployment rate of 3.5% could
rise for the first time in autumn 2015.
Political strike in Norway
A two-hour general strike,
organized by trade unions, took place on 28 January 2015 in several
cities in Norway in protest against planned amendments to the labour
code. The conservative government, in power since October 2013, wants
to soften job-security legislation, in order to promote employment.
There are also discussions on short-term work contracts, longer legal
working hours, more overtime and a reduction of legal restrictions to
Sunday working. Norway has an unemployment rate of 3.9% and due to its
oil resources is one of the richest countries in Europe. Following the
Second World War, the Social Democrats have nearly always been in power.
Greece: Collective bargaining to be reinstated
On
15 April 2015, for the first
time since change of government, a meeting took place between trade
unions, the employers' associations and the Ministry of Labour.
Discussions included means to reinstate an effective social dialogue as
well as stable collective bargaining structures and a road-map for a
minimum wage, which is to start at 650 € from 1 October 2015.
The left-wing government, in power since the end of January 2015, is
hereby openly supported by the trade union federations in Brussels.
Over and over again they had severely criticized the dismantling of the
labour laws by the preceding governments.
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4. Newly established
European works councils
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South Korean group closes
Belgian site shortly before establishing EWC
On
1 September 2014 Doosan announced the closure of its Belgian
construction machinery manufacturing plant in Frameries (Hainaut) with
over 300 employees. At the time, the negotiations for the establishment
of the European works council for the conglomerate from Seoul were in a
decisive phase. The EWC agreement was signed on 20 November 2014 in
Brussels. Although, in the future, there will only be around 100
employees in Belgium, it is subject to Belgian jurisdiction.
The
largest workforce within
the EU is in Czechia where Doosan had taken over the energy division of
Škoda in 2009. Further sites in Belgium, France, Germany and
other countries were also acquired from other groups. The European
works council is composed of 14 employee representatives and meets once
a year. France, Belgium and Czechia have three seats each and Germany,
Ireland, Norway and the United Kingdom one each. Countries with a small
workforce share together one mandate. The five member select committee
manage current affairs and can meet several times per year. A detailed
conciliation procedure is provided for handling conflict and any court
action is only allowed after this. Doosan is the second company in
South Korea, after Samsung, with a European works council. Following
texts are only available in French:
Spanish automotive supplier
establishes EWC
A EWC
agreement was concluded for Gestamp on 29
January 2015 in Madrid, covering its 18,800 employees from ten EU
countries. This Basque family business had bought the car body unit of
the German automotive supplier Edscha in 2010. The EWC is composed of
21 members (including six seats for Spain and four for Germany) and
holds two meetings a year. The five member steering committee meet
twice a year and for extraordinary circumstances. In addition a working
group on occupational health and safety is established and another on
corporate social responsibility. The EWC can be assisted by two experts
and can organize four days of training per term of office. In the case
of conflict a company arbitration board can be convened. In comparison
with other EWC agreements under Spanish jurisdiction these represent
very good operating conditions.
French
logistics company
establishes EWC
A EWC agreement was signed on
18 February 2015 at the headquarters of GEFCO in the Paris suburb,
Courbevoie. The company is considered as the market leader in European
automobile logistics and has long-term exclusive contracts with PSA
Peugeot Citroën and General Motors. Since 2012 it has been
majority-owned by the Russian railways (RŽD),which wants to develop a
railway connection for goods between Western Europe and Asia. The EWC
represents 9,000 employees in 18 EU countries and is composed of 18
members (including five from France). Small countries must share common
seats. Projects fall in the scope of the EWC, if they concern the
entire group or at least two sites and involve 150 employees in two
countries (or 80 in one country). The employer chairs the meetings.
According to French custom, training rights, time-off provisions and
budget for experts are explicitly defined.
We
have put together a selection of EWC agreements on a website
for download.
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5. New SE
participation
agreements
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Channel Tunnel now operating as SE
An
SE agreement was signed for
Eurotunnel on 1 December 2014 in Paris. The company operates the 50
km-stretch of railway tunnel under the English Channel together with
logistics services and has 4,000 employees. The SE works council will
replace the European works council established in 1998. It is made up
of 18 members (eleven from France and seven from England) and meets
twice annually. The steering committee consists of six representatives
(three each per country). Since the agreement is under French
jurisdiction, the employer is chairperson. Employee participation on
the board of directors is not provided for. For restructuring matters,
the SE works council has only eight days to render its opinion. A well
founded economical analysis is therefore hardly conceivable.
Europe’s largest
aerospace group soon with four SE works councils
An SE agreement under Dutch jurisdiction was
concluded for the Airbus group (formerly EADS) on 24 February 2015 in
Amsterdam. It closely matches the proven structures of the European
works council which was established in 2000 and groups together several
European divisonal works councils under the Holding (see report in
EWC News 1/2012). The new SE works council will
cover additional countries, have more mandates as well as having better
working conditions.
The
Holding-level SE works council meets three times annually and the
divisonal works councils quarterly. The number of seats remains the
same as in the previous European works council (six each for Germany
and France, three for the United Kingdom and two for Spain), with one
additional representative each from Poland and Romania. The aircraft
construction divisional works council is supplemented with one
representative from Romania. The space and defense divisions were only
recently merged, and as such, even without SE conversion, a
renegotiation of the mandates would have been necessary.
Representatives from Poland and Finland have been added here. During
the transition period the divisional works council will have altogether
20 seats. The works council in the helicopter division has 14
representatives, which, besides the four core countries, now includes
also Romania and Ireland.
The
select committees of the various bodies meet quarterly and have one
member from each country concerned. “National
committees” are established under the umbrella of the SE
works council in countries having no central or group works council.
Small countries, which are not represented in the four SE works
councils, can send a representative once a year to a meeting. This
meeting is however considered as an informal meeting and not as a works
council meeting.
The precisely defined
steps and deadlines for the information and consultation process are
somewhat unusual for SE agreements. They closely follow the philosophy
of the revised French consultation legislation, which has been in force
since January 2014 (see report in
EWC News 1/2014). An employee participation in the
board of directors is not forseen, since the company is officially
registered in the Netherlands and can use special provisions to avoid
any co-determination (see report in
EWC News 4/2013). The Airbus European works council
had prepared the SE negotiations during a meeting held in September
2014 in Toulouse with support from the EWC Academy (see report in
EWC News 3/2014).
High obstacles for
co-determination in German satellite manufacturer
An SE agreement was concluded
for the technology group, OHB, on 18 March 2015 in Bremen. There had
previously been conflict on co-determination rights in the supervisory
board between the IG Metall trade union and central management largely
covered by the press. The employer, who initially did not want to
accept any employee participation, finally agreed on the following
provisions: one SE works council representative is invited to the
supervisory board once a year in an advisory capacity. Should the
company have more than 4,000 employees in Germany or 5,000 in Europe
(there are at present 1,600 in Germany and 2,000 in Europe), then the
SE works council would be able to elect one third of the supervisory
board members.
The SE works council is
composed of 14 members and can organize two annual meetings. Apart from
Germany, Belgium, France, Italy, Luxembourg and Sweden are also
represented. Three representatives handle day-to-day operations. They
are under considerable time pressure since they have only one week, and
in exceptional circumstances up to three weeks, to render an opinion in
consultation procedures. The SE works council has a right to visit
sites in all countries and has rights of initiative on relevant
pan-European topics.
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6.
Structuring consultation procedures
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German
tourist company defines flow of consultation procedure
The operational sequence for a
consultation procedure was set down in writing on 14 November 2014 at
the headquarters of the TUI group in Hanover. It includes monthly
working sessions between central management and the six-member EWC
steering committee. In the case of extraordinary circumstances
information is already communicated in the planning phase. The
subsequent consultation phase is carried out before the final decision
of management and ends with the EWC opinion (or a declaration to
renounce giving an opinion). No deadlines have been defined here. The
EWC is always informed ahead of the national works councils as long as
this does not violate national legislation.
At
the same time the original “voluntary” EWC
agreement, concluded in 1996, was udpated. The definitions of
information and consultation were taken from the new EU Directive as
well as the Recital 16 of the Directive’s preamble which
specifies that the EWC is competent for all matters which are of
importance for the European workforce in terms of the scope of their
potential effects. If only one country is concerned, then the steering
committee of the TUI Europe Forum is involved. During consultation
procedures it can extensively consult with the works councils from the
involved countries. The provisions for training are interesting since
they are not only formulated as a right, but as an obligation for EWC
members. The EWC Academy contributed in the elaboration of these texts
(see report
in EWC News 2/2014).
French EWC defines four stage
consultation procedure
The
European works council and central management of the Axa insurance
group reached an agreement on 26 November 2014 in Paris for the
consultation procedure for the digital transformation. The procedural
agreement (“accord de
méthodologie”) defines four stages. The topic had
already been on the agenda of the EWC in June 2014 and will continue to
occupy the EWC for many years, in particular the concrete impact on
working conditions and personnel policy (see report in
EWC News 2/2014). The stages are as follows:
During
the first stage the EWC members familiarize themselves with the details
of the subject (“phase d'appropriation”). The
second stage involves the implementation of the principles for
proactive personnel planning defined in a pan-European framework
agreement from 2011. The real consultation phase begins only after
this, in stage three. Working conditions are not changed during the
consultation until the EWC has rendered its opinion. In the fourth
stage a wide-ranging consultation (“articulation”)
between the European works council and local works councils takes place.
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7.
Dodging employee participation
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Alba Group scraps co-determination
On
19 February 2015, the Hans Böckler Foundation released
alarming
statistics on the evasion and avoidance of supervisory board
participation by German and foreign companies. Whereas in 2000, only
three Germany companies used a foreign legal form to keep their
supervisory board free from employee representatives, the number
increased drastically to 94 mid-2014. This includes 51 companies with
more than 2,000 employees in Germany, where there would normally exist
parity-based participation. By these means altogether 200,000 employees
are excluded from co-determination.
Although
these figures still represent less than 5% of all companies with
co-determination in Germany, the Hans Böckler Foundation
considers
the rapid increase as dramatic. It suggests a need for policy action by
the legislator. It is particularly absurd, when companies with no real
foreign business create “pseudo-foreign
corporations”. The
most prominent example is the Alba waste and recycling group in Berlin,
which belongs to the President of the Association of German Chambers of
Industry and Commerce. Participation evasion through foreign legal
forms is particularly prevalent in the logistics industry (including
the largest company in this group: Kühne + Nagel) and in the
retail trade with H&M, Esprit, Zara, Primark or C&A,
but also
includes the fast food chain McDonald's.
Although,
until recently, European Company (SE) conversions were the proven means
for avoiding or reducing co-determination and widely promoted in the
business press (see report
in EWC News 2/2008), in the meantime a dynamic move
towards foreign legal forms has developed. Following texts are only
available in German:
Negotiations seldom based on the
Merger Directive
A
less well-known means for avoiding or reducing co-determination which
is easier to handle for employers than an SE conversion is the
cross-border merger of limited liability companies. It is legally based
on the Directive passed by the EU in October 2005 which differs
slightly from the SE Directive to the detriment of employees.
Whereas
the SE Directive secures a status quo on any co-determination already
covering 25% of the European workforce, this threshold has been changed
to 33% in the Merger Directive. In a cross-border merger the
negotiations only concern the supervisory board, not a SE works
council. In the case of a SE conversion a Special Negotiating Body
(SNB) is established, which should reach a result within six months
(extended to twelve by mutual agreement). Minimum standards apply
should the negotiations fail. The provisions of the Merger Directive
differ in that the employer can completely avoid establishing a SNB and
directly apply minimum standards.
The
European Trade Union
Institute (ETUI) in Brussels has examined 51 transnational mergers in
its new benchmarking report and published the results on 3 March 2015.
A SNB was actually established only in ten cases, twenty companies
immediately implemented the minimum standards without negotiation and
in 21 cases it was not at all certain from the merger plan, whether or
not or how employee participation should at all be handled. The first
ever parity-based supervisory board based on the EU Mergers Directive
was established in Germany in December 2008 for the insurance company
Münchener Rück (see report in
EWC News 2/2009).
In January 2010 the ready-meals manufacturer Apetito from Rheine
(Westphalia) used this Directive to avoid a parity-based supervisory
board
(see report
in EWC News 3/2010).
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8. Pan-European company agreements
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Major British bank commits to corporate
social responsability
A
European Charter on responsible banking was concluded, on 27 January
2015 in London, between the Barclays Group European Forum (BGEF), as
the European works council is named, and central management of
Britain’s third largest bank. On the previous day trade
unions,
in particular from Italy and France, had brought into being a trade
union alliance for Barclays with the British trade union Unite. The
goal is to conclude Pan-European company agreements such as a social
Charter on working conditions. A ten-point agenda on the subject was
elaborated in May 2014. A global social charter for the 140,000
employees is another goal.
The
Barclays Group European Forum was established already in 1996 and meets
twice annually. It is composed of 24 members from twelve countries,
including seven British representatives as well as a representative for
investment banking representing several countries. The EWC agreement is
subject to British jurisdiction and was last updated in 2011. However
the new EU-standards for information and consultation have not yet been
integrated. It is an old “voluntary” agreement,
which
would, in the case of termination, lead to the dissolution of the EWC,
as in 2012 with the major British bank, HBSC (see report in
EWC News 1/2014).
French insurance company promotes
Professional Equality
A
European charter on equal treatment of women and men was signed on 29
January 2015 in Paris between the SE works council and management of
the reinsurance company, Scor. It defines rules for new hires, career
promotion, vocational training, equal pay and work-life balance. An
evaluation report will be presented annualy to the SE works council in
the future.
In May 2007, Scor was the
first company in
France to adopt the European Company (SE) legal form with employee
participation on the board of directors and a SE works council
(see report
in EWC News 2/2007).
Currently 36 members from eleven countries belong to the SE works
council, including ten from France and eight from Germany. They
represent 2,400 employees.
Skills development in French
high-tech group
A
pan-European agreement on skills development and career promotion was
concluded on 25 March 2015 in Paris between central management of
Safran, the engine and electronics manufacturer and the European
Industrial trade union federation (industriALL). It provides for
regular development discussions for all employees in twelve EU
countries and Switzerland, guarantees them access to further education,
supports measures for occupational mobility and draws on examples of
good practice from several European countries. A committee composed of
management representatives, the European works council select committee
and three representatives from industriALL are to regularly monitor
compliance to the agreement. An agreement for promoting the
occupational integration of young people has already been in place
since March 2013 at Safran (see report in
EWC News 2/2013).
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9. The view
beyond Europe
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Social responsibility for 100,000
employees in 130 countries
The French petroleum company,
Total, signed an agreement on corporate social responsibility on 22
January 2015 with the international industrial trade union federation
(industriALL) on the sidelines of the World Economic Forum in Davos. It
ensures rights to carry out trade union activity for the workforce
around the world and a social dialogue at company level. The internal
workplace standards on health and safety will also apply in the future
to subcontracters and suppliers. It is the first agreement of its kind
to take into account the extended guidelines adopted in
December 2014 by industriALL.
On
the European level Total, not only has a Holding-level EWC, but in
addition three divisional works councils as well as a committee for
corporate social responsibility and sustainable development. This
is a result of the revised EWC agreement from October 2012
(see report
in EWC News 4/2012). In November 2005 Total had
already concluded a European framework agreement on equal opportunity.
Basque wind turbine
manufacturer signs global framework agreement
The fist ever agreement on
social standards in the renewable energy industry was concluded on 18
Febuary 2015, in Madrid, between the mechanical engineering group,
Gamesa, the Spanish trade union confederations, UGT and CC.OO. and the
international industrial trade union federation industriALL. Compliance
to the agreement will be monitored by a dedicated committtee, a sort of
forerunner to a global works council. Gamesa has altogether 6,000
employees in twelve EU countries as well as in other parts of the
world. Up to now, there is no European works council.
Global
social standards for
German industrial group
An international framework agreement was signed at
the headquarters of ThyssenKrupp in Essen on 16 March 2015. The central
management of Germany‘s largest steel and technology group
hereby commits to minimum social standards for all of its 150,000
employees in 80 countries. An international committee and a complaints
office are established to monitor the agreement. Negotiations on this
framework agreement had contributed to settling recent labour disputes
at ThyssenKrupp in the USA and in Italy.
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Social security systems of
individual countries
The European Commission in
Brussels has updated the contents of its manual on the different social
security systems of the European Economic Area member states (EU,
Norway, Iceland, Liechtenstein) and published it on its
website. Switzerland is also included. For the moment they can only be
downloaded in English, French and German, but will soon be translated
however into all official EU languages. In addition to the texts there
are also links to the social security institutions of each country.
Collective bargaining resource
pool
The
European Trade Union Confederation (ETUC) in
Brussels provides documents on collective bargaining policy in the
EU-member states on a specially dedicated website. It is aimed at
improving coordination and a tool kit in several languages has been
developed to help. A barometer evaluates the bargaining structure,
social dialogue and the situation of labour legislation in each country
with traffic lights (red, amber, green). Scandinavia and Germany lie
within the green range, whereas a set of euro-crisis countries and
parts of Eastern Europe are marked in red.
News from European Politics
The Internet news portal,
EurActiv from Brussels reports in three languages on all aspects of
European politics, in particular on the debates leading up to
EU-decisions. It considers itself to be the most used media portal in
European politics. In addition to the latest news, EurActiv also
publishes background dossiers, which gather together information on
broader topics, e. g. on European elections, on the energy turnaround
or on the euro-debt crisis.
World Movement of Christian
Workers (WMCW)
This Brussels based
non-governmental organization is active as the umbrella organization of
catholic employee movements in 79 countries. Its bi-annual newsletter,
INFOR, reports in four languages on various world-wide solidarity work.
The current issue of January 2015 comes under the title:
“Another world is possible”.
We
have gathered together many
other interesting websites into a collection
of links.
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Communication
technologies modify working conditions
This
brochure, which discusses
and analyses effects of information and communication
technologies (ICT) on working conditions was released in September
2014. It was developed as a project by Eurocadres, the European
umbrella organization for professional and managerial staff within the
European Trade Union Confederation (ETUC). The emergence of
“borderless work” is examined: with no time limits
(constant availability), with no spatial borders (teleworking, office
at home, in the hotel) and a wider geographical distribution
(internationalization of everyday operational procedures). This
brochure is also particularly useful for members of European works
councils, since it is available in five languages.
Manual on employee data protection
The sixth edition of the
classic manual by Professor Däubler, the German labour
legislation expert, was published in January 2015 under the title
“the glass workforce”. Through the ever increasing
networking of IT systems, data-protection has finally reached an
international dimension. Reason enough, moreover, for EWC members to
familiarize themselves with the topic. It is particularly important for
beginners since it not only explains legislation but describes the
reasons behind data-protection and how it works. New topics include the
Cloud and Big Data. The manual is also suitable as a reference book
since it has an extensive indexed glossary. It is however only
available in German.
Forthcoming event
For
the second time running, a
seminar on data protection in the international company is being
organized from 28 to 30 October 2015 in Hamburg.
Transnational company
agreements in practice
In January 2015, a network of research institutes
from seven EU countries published their results and recommendations
based on 14 case studies in seven multinational companies. This covers
altogether 18 different agreements signed in general by the European
works council. However, in two French cases, the EWC is only
responsible for monitoring and the European Trade Union Federation is
the sole contracting party. The divided trade union environment in
France makes it more viable to delegate to European-level trade unions.
So far transnational company agreements still lack a water-tight legal
basis. It is for this reason that the European Parliament demanded
legal safeguarding measures in September 2013 (see report in
EWC News 3/2013).
New edition of small
phrase-book
A new edition
of this phrase-book for German, French and Dutch has recently been
published. It aims at facilitating communication during business trips,
assisting in the composition of business letters and is above all
adressed to everyone working in the German-Belgian-Luxembourg
linguistic area. In addition it includes useful terms and idioms
ordered by topic. It is published by the Brussels office of the Goethe
Institute, a cultural facility for the promotion of the German language
abroad, and the German-Belgian-Luxembourg Chamber of Commerce in
Brussels. A mini dictionary is also available for download in these
three languages, free of charge.
We have
gathered a collection of further
literature into a compilation.
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12. The EWC Academy:
Examples of our work
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Seventh Hamburg EWC conference
since January 2009
The annual EWC Academy
conference was held on 26 and 27 January 2015, this time in the Hafen
Hamburg hotel with a panoramic view over the river Elbe and the city
skyline. Apart from current developments in European labour legislation
and the landscape of European works councils there were reports on
practical experience from the Zurich insurance group on improved
information and consultation procedures during pan-European
restructuring (see report in
EWC
News 2/2014) and on the current legal proceedings at the
packaging manufacturer, Amcor (see report in
EWC News 2/2014). On the second day a short seminar
took place on the consultation procedure.
First
comprehensive consultation procedures started
The
Avaya European works council was informed about
a pan-European restructuring project on 2 March 2015. The company from
the USA, which provides telecommunications solutions for businesses,
has its European headquarters in Frankfurt (photo). The EWC agreement
comes under German jurisdiction and includes the information and
consultation standards from the new EU Directive. EWC Academy advisors
are currently working on the analysis of the business figures which are
the basis for the management’s project. The EWC Academy was
commissioned as advisor in December 2014 (see report in
EWC News 4/2014).
Call center operator accepts
participation in the supervisory board
A SE participation agreement
was signed on 27 March 2015 for Amevida in Gelsenkirchen. For the first
time in the company‘s history, the twelve member Special
Negotiating Body, with support from the EWC Academy, was able
to enforce employee participation on the supervisory board. As one of
the largest German call center operators, Amevida provides integrated
customer relation management for large customers. In the transition
period, the German central works council will fulfill the role of the
SE works council, with two employee representatives on the supervisory
board. Subsequently foreign subsidiaries will be added and the SE works
council will hold three regular meetings per year.
EWC basics seminars in
Montabaur Castle
From
7 to 10 April 2015 the annual introductory seminar of
the EWC
Academy took place in Montabaur castle. On the agenda
was the way to establish a new European works
council and how to make the most of the new legislation on information
and
consultation in restructuring. The motto was:
from a "song-an-dance-act" to a fully fledged European works council.
Since the blueprint of the EU Directive was the information and
consultation procedure in France, European works councils need to look
from a French perspective through "French glasses" to strategically
develop the EWC.
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13.
Current training schedule
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The EWC Academy and its
forerunner organization
have been organizing and delivering conferences and seminars for the
members of European works councils, SE works councils and Special
Negotiating Bodies since January 2009. So far 619 employee
representatives from 233 companies have taken part including many of
them for several times. This represents around 19% of all transnational
works council bodies in Europe. In addition there are numerous in-house
events and guest lectures given to other organizations.
Employee representatives in U.S.
companies
For
the third time, a
conference is being held for U.S. company works council members on 11
and 12 June 2015, this time in Berlin. Besides presentations there will
be possibilities for an exhange of experience on
European works council activities and on the American management
culture. Works council members from European companies with sites in
the USA may also participate. Klaus Franz, former EWC chairman of
General Motors will moderate the conference. The Social affairs
attaché of the German embassy in Washington, Hermann Nehls,
will attend as a guest speaker.
Seminars on labour legislation
and EWC work in Manchester
In 2015, the
EWC Academy will further increase its seminar offering in the United
Kingdom and has started co-operation with the Trade Union Education
Unit at Manchester College. The training facility is highly specialized
in workplace employee representation and was awarded a TUC prize for
quality in 2012. A seminar is being organized for the first time from
23 to 25 June 2015 on labour legislation and industrial relations. The
British system will be presented in German; in parallel there will be a
seminar for English-speaking participants on the German
co-determination system. A further seminar is being held in Manchester
from 2 to 4 September 2015 aimed at EWC members who wish to work more
proactively in the future (in English, with interpretation on
request).
Seminar on French industrial
relations in Paris
For the forth time already a
conference is being organized from 14 to 16 September 2015 in Paris. On
the first day speakers from France will give an introduction to French
industrial relations. Another day is for a conference together with
French participants (with interpreters). The special highlight on the
last day is a visit to a large exhibition for French works councils
(with foreign language assistance).
Why
a conference in Paris?
The
philosophy behind information and consultation in the EU Directive on
European works councils as well as in employee participation in the
European Company (SE) is closely tailored around French consultation
practices. An exact knowledge of the subtleties of the French model is
therefore indispensable. Participation to the conference is possible
according to Article 10 (4) of the EWC Directive and it will be
simultaneously interpreted (including English). The following texts are
only available in German language:
Additional
seminar dates
- Luxemburg,
28 September - 1 Oktober 2015: Seminar on EU labour law and
its impact on the German labour law, including a visit to the European
Court of Justice.
- London,
22 + 23 Oktober 2015: Annual EWC conference
(with simultaneous interpretation)
- Hamburg,
28 - 30 Oktober 2015: Legal EWC
seminar, subtleties of a EWC agreement, past EWC case law and
application of the new EU-standards in cases of legal doubt
- Hamburg,
28 - 30
Oktober
2015: Data protection in the international group
Language
courses: Business
English for works council members
Full
program available on
request.
In-house events
Please
find a summary of
possible topics for in-house events here:
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EWC
News is published by:
Authors
collaborating on this issue:
Werner
Altmeyer, Katharina Barrie, Manfred Bobke, Jochen Brandt
Distributor
of the German version: 20,298 readers
Distributor
of the English version: 3,418 readers
Distributor
of the French version: 3,276 readers
Newsletter
archive: www.ewc-news.com
We are always pleased to
receive comments and suggestions in relation to this newsletter as well
as reports on your EWC activities. Please write us at: info@ewc-academy.eu
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