1.
EU
debate on the right to strike
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Brussels wants to
monitor labour disputes throughout Europe
On
21st March 2012, the European Commission in Brussels adopted a draft
proposal of major significance: a regulation on exercising the right to
take collective action in the context of the freedom of establishment
and the freedom to provide services (the so-called Monti II
regulation). This would be the first time in the history of the
industrial world that a transnational monitoring mechanism for strike
action is to be introduced. In the future all European Union countries
are to establish an early warning system for labour disputes and to
report strikes to Brussels when they interfere with the freedom to
conduct business or with the operation of the single market. There are
also provisions for a compulsory arbitration procedure.
If
the plans are implemented, it would be no longer possible, for example,
to strike against wage dumping where cheaper workers from other
European Union countries are only paid the wages of their country of
origin. It is true that the regulations apply only to cross-border
strikes, but how can a labour dispute be exclusively limited to the
local level within the European single market? Trade unions are
consequently on their highest level of alert.
National parliaments give a
"yellow card" to Brussels
The
reactions to it are just as unique as the proposal itself. In the
meantime more than the required one third of all European Union member
parliaments have decided to file a “subsidiarity
complaint”, in which they criticize the European Union
legislator
for illegally intervening in national affairs. This is the first time
in the history of the European Union that such a complaint has been
filed. These events show how highly controversial and historically
important the subject is.
Finland,
Sweden and Latvia which were already directly affected by cross-border
labour disputes rejected the regulation. The complaint received further
support from Denmark, France, Portugal, the three Benelux countries,
Poland, Malta and the UK. The German Bundestag has not yet been able to
reach a decision on the matter. The majority in the British House of
Commons, which is less concerned with social rights, was nevertheless
more concerned about political influence of strikes. Following texts
are available only in German:
Background to the proposed
legislation
The
current debate originated as a consequence of two rulings of the
European Court of Justice in Luxembourg (photo) in December 2007
(see report
in EWC News 4/2007).
In the case of Viking Line, the Finnish ferry company, the judges ruled
the right to strike under the principle of proportionality. In the case
of the Latvian company, Laval, they even prohibited the Swedish
building trade union from taking industrial action. A trade union may
not use strike action to force foreign companies to pay foreign workers
on Swedish soil according to Swedish industry-wide collective
agreements. There is a contradictory ruling of the European Court of
Justice for human rights from April 2009. In this procedure against
Turkey the right to strike is defined as an integral part of the
European convention on human rights (see report in
EWC News 2/2009). Is Turkey now to have stricter
criteria than those within the EU?
These
rulings of the European Court of Justice have come under heavy
criticism. According to Professor Keith Ewing a labour lawyer from
London, they throw the right to strike in the European Union back to
where it stood in the United Kingdom more than 100 years ago. The
proposed legislation would permanently freeze this situation. In
Germany it would be a violation to the freedom of association and thus
to the constitution. In Latin countries, e.g. in France, the right to
strike is guaranteed as an individual human right by the constitution.
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2.
Practical tips: Right to training for EWC members
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Clearer
provisions in the new EWC Directive
Since
June 2011, and provided
they are subject to the new legislation, European works councils, as
well as all special negotiation bodies, have a legal right to training.
Previously this only applied to approximately 60% of all European works
councils, which had explicitly made such provisions in their
agreements. In practice however, according to empirical analysis from
the year 2008 (see report
in EWC News 3/2008), 79% of all councils had
participated in an in-house training within the previous year and/or
individual EWC members had been sent to external training
courses. The average course length amounted to 1.6 days per
year per head. Annual costs varied from 1,300 to 150,000 € and
companies invested, at that time, an average of 43,800 € per
year in the training of their EWC members (photo: one of our in-house
training seminars in September 2011 in Rome.
Some practical and legal questions
A
whole set of questions now
arise for the EWC on how the legal right is to be used in practice.
According to article 10.4 of the new EWC Directive, employee
representatives have a right to training “in so far as this
is necessary for the exercise of their representative duties in an
international environment, … without loss of
wages”.
Question
1: Which training courses are necessary in an international environment?
- In
the first place all training
courses which enable an understanding of the international company
structure and strategy as well as the legal basis for the operation of
the EWC.
- Basic
financial knowledge is necessary in order to
make well founded suggestions to the employer in the context of
consultation procedures.
- So
that EWC members can master
the practical challenges of their mandate, they must be familiar with
the different systems of industrial relations, practice intercultural
communication and strengthen their knowledge of foreign languages.
Question
2: Who bears the cost for training?
Due
to its overall
responsibility, central management has to bear all costs for the
establishment and day-to-day operation of the EWC, but may however
delegate this to a national level. Such costs are in no way to be
transferred to EWC members, trade unions or the European Union.
Training takes place without loss of wages and during working hours.
Question
3: Is the legal right limited to in-house training only?
No.
The legal right applies to the European works council as a whole, to
the steering committee as well as to each individual EWC member.
Training courses are often organized before or after a normal EWC
meeting, in order to save on travel expenses. There are however also
training courses which are planned on different dates than the
meetings. Furthermore each EWC member has the right to participate as
an individual to external seminars or conferences such as those offered
by the EWC Academy (photo of the seminar in Montabaur in April 2012).
Question
4: Can central management refuse training requests?
If
the training is necessary,
there is a legally enforceable right. BusinessEurope, the European
employer’s umbrella organization has expressed the opinion,
“there is no reason why a company should create problems on a
training which is important for employees. If parties were to disagree
on training, there is little chance a good dialogue on the future of
the company could happen. As a result, there should be a commitment to
pay for training when it is necessary for EWC members to exert properly
their duty.”
Question
5: Who decides on the selection of the training provider?
There
are no provisions in the
law which specify that the employer may organize the training himself.
Furthermore, EWC members do not have to accept the employer’s
suggestions and may select their own training organization.
The
source for these guidelines
In
January 2011 the European
Commission released an expert report on the individual chapters of the
new EWC Directive. It was compiled by a team of experts including
amongst others, representatives close to both trade unions and
employers. The report is therefore of considerable importance as a
reference in cases of legal uncertainty. A chapter in the report is
devoted to the legal right to training.
Attention
: the provisions for training does not apply automatically!
Old
agreements, which were
first concluded up to September 1996, or those modified between June
2009 and June 2011, are excluded from the new legal situation. If they
do not contain provisions for training, a renegotiation of the EWC
agreement is urgently required.
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3. Weak labour legislation invites to plant closure
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Austrian
packaging
manufacturer violates British and EU legislation
The
Mayr-Melnhof folding carton
manufacturing plant near Liverpool with 161 employees was closed on the
18th February 2012. Whereas management in the home country Austria
respects justice and law, this is not the case in the United Kingdom.
According to the trade union Unite, the plant was closed illegally.
The
dispute started after negotiations over the loss of 37 of the 161 jobs.
When no viable solution could be found, the trade union Unite organized
a strike ballot. Since the Thatcher years this has become absolutely
necessary, otherwise a strike would be illegal. Several days of strike
took place starting 10th February 2012. The employer then proceeded to
permanently lock out the entire workforce on 18th February 2012 and
sent out dismissal letters to everybody on 29th March 2012. The
consultation procedure prescribed by the EU legislation for mass
redundancies did not take place nor was the European works council
involved.
First lock out in the British
paper and printing industry for over 50 years
In
response to these tough
measures taken by management, an internationally coordinated media
campaign was organized and a complaint filed with the OECD. The Ver.di
trade union tried to prevent strike black-legging in the German plants
of the company. Trade unions from several countries held protest
demonstrations in front of the company shareholder’s meeting
on 25th April 2012 in the Vienna Grand Hotel. There were subsequently
constructive discussions which were concluded on 29th May 2012 by a
compensation plan. For the non-respected 90 day consultation procedure
wages have now been paid and the initial severance conditions
substantially increased. The next plant to be threatened by closure
could be Budaörs in Hungary.
Detergent production
in Spain on its way out
Unilever, the British-Dutch
consumer goods group, announced the closure of its washing powder plant
in Aranjuez on 22nd March 2012. All 166 employees are to be dismissed,
and the production relocated to the United Kingdom. 5,000 people had
already demonstrated on 25th March 2012 in this small tourist town
south of Madrid (photo). On 2nd April 2012 the European works council
was informed by Unilever in Rotterdam about the plans. It has requested
additional figures with a view to analyzing the factory’s
competitivity, and to examine alternatives to the closure. On 12th
April 2012 a EWC delegation visited the plant.
Although
the Aranjuez works council presented a detailed plan for continuing
production at the plant during a EWC meeting held on 26th April 2012 in
Hamburg, central management is going ahead with its plans. On 6th June
2012 it initiated the procedure for mass redundancies prescribed in
Spain. This example reminds us of the events in Visteon, the US
automobile supplier in autumn 2011 (see report in
EWC News 3/2011). The Unilever EWC members were
however unable to convince themselves into taking legal steps.
Protection against dismissal
undermined by emergency decree
Unilever’s
closure plans came also under discussion in the Spanish parliament. The
opposition claims that the latest labour legislation reform is an
invitation for foreign investors to cut-back more jobs in Spain than in
other countries. With over 24% unemployed, Spain has the highest rate
of all European Union countries (4.7 million people). The governing
conservative majority, in power since December 2011, wants to counter
the financial market crisis by imposing the strongest restrictions in
labour legislation since the end of the Franco dictatorship. Trade
unions protested during week long demonstrations and a general strike
on 29th March 2012 against an emergency royal decree which came into
force on 12th February 2012. On 16th April 2012 they requested the
intervention of the International Labour Organization (ILO), since the
government would have violated both the Spanish constitution and ILO
standards.
German
family business relocates back from Switzerland
On 24th April 2012,
Merck, the German pharmaceuticals group announced the closure of its
Geneva site with 1,250 employees. Most of the plant will be relocated
to Darmstadt. It is the largest job loss that the Geneva Lake region
has ever experienced. A further 2,500 jobs are to be slashed in Germany
and 450 in France. The headquarters of Serono, the Swiss biotechnology
company, which was taken over by Merck only in 2007, is now to be
closed. An international protest demonstration was
consequently organized on 30th May 2012 in Darmstadt. More
information in German:
The Serono
employees are encouraged by the success of their colleagues from
Novartis. On 17th January 2012 the Swiss pharmaceutical group abandoned
its plans to close the nearby Nyon site after protest demonstrations.
Complaint filed
The Swiss
white-collar union "Angestellte" filed a complaint on 8th May 2012 with
the Vaud district labour court. Serono has no employee representatives
in Geneva. The court has now to examine whether the obligations arising
from employee participation legislation have been fulfilled and whether
the consultation procedure conforms to legal standards. The complaint
should cause a prolongation of the consultation procedure. Although a
15 member speaker committee was spontaneously selected during a general
assembly of employees held on 4th May 2012, this does not however meet
with the legal requirements.
Swiss
parliament against development of
employee rights
Already
in the year 2010, the events around workforce reductions at Alstom, the
mechanical engineering group, had brought the question of employee
rights in Switzerland into the public eye (see report in
EWC News 3/2010).
On 11th June 2012, the national assembly nevertheless rejected, by 129
votes to 59, a request from several social and Christian-democratic
Members of Parliament, for a legal right to the establishment of works
councils in companies with at least 100 employees. The voluntary
adoption of the EWC Directive within Swiss labour legislation was also
rejected. The following texts are available
only in German:
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4. Workplace representation
in individual countries
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Legal disputes on British
"works councils"
There
have been regulations on
plant level information and consultation committees since 2005 in the
United Kingdom - a sort of “works council light”.
Such bodies are however somewhat foreign to British tradition; the
trade unions claim to have a monopoly on the collective representation
of employee interests and employers are not really interested in
involving employees. The committees were only introduced because a
European Union Directive had made mandatory provisions for them.
Although the attitude of trade unions and employers to these committees
is gradually changing, their development in British business is still
relatively limited.
An
overview of legal
proceedings in this matter was published on 21st March 2012. From a
total of 40 cases, seven companies had actively obstructed the election
of an information and consultation committee, leading to fines in three
cases. The most well-known example is Holtzbrinck, the German
publishing group, whose publications include amongst others, the
“Handelsblatt” and “Die Zeit”.
Their British subsidiary, Macmillan had refused for many years such a
committee for their employees in Swansea (see report in
EWC News 2/2007).
Works council elections in Belgium
Elections took place for all
works councils and for hygiene and safety committees in Belgium from
7th to 20th May 2012. As in Germany this is carried out every four
years during a fixed period, to which all companies are bound. The
initial results follow a trend which is typical for Belgium: the
individual trade unions of the Christian confederation, CSC, obtained
more than 50% of the votes and the majority of the 45,000 works council
mandates.
The FGTB, the socialist trade union
confederation, came in second place with approximately 35% of the
votes, followed, in third place, by the liberal trade unions of the
CGSLB (photo), who obtained a historic record result of more than 11%,
up from 9%. The Christian and socialist trade unions showed slight
losses compared to 2008. The confederation of senior white-collar
employees, CNC, remained unchanged at 1% and individual lists at 0.5%.
Following texts are available only in French:
France:
Legal right to critical
comments in the Intranet
A
French employer has to treat all trade unions equally, even if they
disseminate critical comments in the Intranet. The closure of
SUD’s trade union Intranet site by the car manufacturer
Renault
has been declared illegal. The company was condemned on 23rd May 2012
by the highest appeal court (Cour de cassation) in Paris to pay
compensation amounting to 20,000 € to SUD’s trade
union
group in the company.
In
1999 many employee representatives in French companies split up from
the CFDT, the second largest French trade union confederation, because
they no longer agreed with its policies on working time flexibility.
Since then they have been operating under the name SUD and created the
new trade union confederation "Solidaires" in 2004. They take a
particularly militant approach and have, at present, reached around a
tenth of the membership figures of the CFDT. Following texts are
available only in French:
Whereas
in France local works councils and trade union groups of all types
openly criticize their employer’s policies in the Intranet or
on
the Internet, this would be considered as breaking a taboo in
Anglo-Saxon countries. The rules of "confidentiality" are stricter in
no other European country than in the United Kingdom, including the
regulations for European works councils.
Upcoming
event: Information for
works council members in Paris
The
third French-German works council conference is being held from 17th to
19th September 2012 in Paris. For the first time it is also open to
participants from other countries since there will be English
interpretation as well as French and German.
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5. International
merger of
trade unions
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Metalworkers, chemical and
textile industries under one roof in Europe
The
founding congress of the European Industrial Federation (IndustriAll)
took place on 16th May 2012 in Brussels. It is the successor of three
federations, which have already been politically cooperating closely
together in recent years: the European Metalworkers’
Federation
(EMF), the European Mine, Chemical and Energy Workers' Federation
(EMCEF) and the European Trade Union Federation for Textiles, Clothing
and Leather (ETUF:TCL). IndustriAll represents 7 million employees and
has 197 affiliated trade unions not only within, but also beyond
the European Union countries. 550 delegates participated in the
congress.
Worldwide
Metalworkers, chemical and textile industries also under one roof
Following
the foundation of the European Industrial Federation, the same step
was taken on a global level on 19th June 2012 in Copenhagen. Falling
under the newly merged organization are the International
Metalworkers’ Federation (IMF), the International Federation
of Chemical, Energy, Mine and General Worker’ Unions (ICEM) and the
International Textiles, Garment and Leather Workers’ Federation (ITGLWF). It
represents
50 millions employees in 140 countries. About 1,000 delegates
participated in
the founding congress. The global trade union federations promote the
compliance of multinational companies to social minimum standards
through international framework agreements.
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6.
Transnational company agreements
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No
negotiation on IT outsourcing at Alstom
On 14th May 2012, the European
Metalworkers’ Federation (EMF) announced that it had not
received a mandate for starting negotiations with the central
management of Alstom, the French mechanical engineering group on the
social consequences of the planned outsourcing of its IT division. The
initiative did not fail because of the employer, but because of Italian
trade unions. They completely rejected the plans and did not wish to
authorize the EMF to negotiate. As a consequence negotiations must now
be held in each individual country. Alstom is considered as a positive
example for transnational agreements. A transnational agreement on job
security was concluded only in January 2012 for a joint venture
(see report
in EWC News 1/2012).
Problem: who is to negotiate?
Without
a mandate from their affiliated unions the European federations are not
in the position to take on such negotiations. The only remaining option
therefore is to proceed by a majority decision of the European works
council and for the EWC to carry out itself the negotiations (which in
fact extends the role of the EWC in the direction of co-determination).
This question represents however a major problem for European labour
relations. Whereas German works councils gladly welcome a stronger EWC,
representatives from the Mediterranean countries rather fear that this
will lead to a weakening of the trade unions. In the case of Alstom
this question has now led to a blockage, in the same way as
Sanofi-Aventis, the French pharmaceutical group previously
(see report
in EWC News 3/2010).
European-wide
regulation on equal
treatment
An
agreement on equal pay treatment for men and women as well as on a
better reconciliation of private and professional lives was signed on
5th June 2012 in Paris between the central management of GdFSuez, the
French energy group and the three appropriate European trade union
federations. A key element of the agreement is the obligation to
provide at each site within the European single market with more than
150 employees, an annual equal treatment plan. Indicators for the
measurement of equal treatment are also provided. For the new election
of the European works council in 2013, trade unions have committed
themselves to take into account the number of women according to their
number within the company.
Suggestions
for improvements in occupational health and safety
Negotiations
on a pan-European agreement concerning idea management
in health protection were completed at ThyssenKrupp Elevators a few
days ago. The elevator
and escalator division of ThyssenKrupp, the German steel and technology
group, has a world-wide workforce of more than 46,000. The date for
official signing of the agreement is planned for November 2012.
The
agreement provides for the establishment of monitoring committees in
all European sites. These are made up of an equal number of employee
and employer representatives and they report to central committees in
their respective country. A steering committee,
established on an international level, meets once per year with the
European works council. The agreement regulates the reporting system
between these committees and the employer and defines responsibilities
on the different company levels. The committee members have a time-off
work allowance and a right to training.
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7.
Update on EWC agreements
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First EWC agreement
for German Rail
The legal
default phase of the EWC has finished since 21st March 2012. On the
same day a EWC agreement was signed in Berlin for one of the largest
European transport companies.
The European
works council of Deutsche Bahn was
created in 2005 on the basis of the German EWC legislation’s
subsidiary requirements. At that time this was done without the usual
procedure which includes a special negotiation body (SNB). It was
following the takeover of Arriva, the British transport company in
August 2010 (see report
in EWC News 1/2011), that negotiations for a
fully-fledged EWC agreement were first started. In the future the
40,000 employees of Arriva will be represented by the Deutsche Bahn EWC
and the Arriva EWC dissolved.
Noteworthy
features of the agreement are the three
divisional committees (Arriva/Local Transport, Schenker Rail, Schenker
Logistics) and the extensive definition of transnational matters. As a
result, the EWC is to be informed even when only one country is
affected by a decision taken by central management. It now has
31
members from twenty countries, there are 60 members in the future.
Belgian piping
manufacturer incorporates new Directive
The
world’s largest manufacturer of plastic piping systems, based
in Brussels, updated its EWC agreement on 24th April 2012. The European
works council was established in 2003, following its spin-off from
Etex, the building materials group. Aliaxis has predominantly grown
through acquisitions and today has most employees in Germany, France
and in the UK.
The
employer
acts as chairman, which is somewhat
unusual for a Belgian EWC and is not at all foreseen in the
kingdom’s legislation (see report in
EWC News 1/2011). A secretary and three further
members are elected by the employee representatives to form the
steering committee. It meets at least three times annually, whereas
plenary sessions are held only once per year. All EWC members have a
right to two days training per year.
New
EWC standards for German household appliances’ group
An updated EWC agreement was signed for Vorwerk on
15th May 2012 in Wuppertal. This family business has a world-wide
workforce of 22,000 employed in the direct sale of electrical and
household products. Although, in the future, plenary sessions continue
to take place only once annually, there have been substantial
improvements compared to the original agreement concluded in July 1996.
For instance, the most important provisions of the new Directive have
been incorporated. The EWC, which is also responsible for Switzerland
and Russia, selects a steering committee of six representatives and is
from now on a pure employee body. The EWC Academy acted as adviser to
the works council. A new separate EWC is now to be established for the
Hectas building services company which was spun-off from the Vorwerk
group in September 2011.
We have
arranged a selection of EWC agreements for
download on a special
website.
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8. New European and SE works councils
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For
the first time
over 1,000 European works councils
This
magic threshold was first
reached in April 2012 but in the meantime there are already 1,007
European works councils registered in the data base of the European
Trade Union Institute (ETUI). They are spread over 937 companies, since
some companies have several councils. There are currently negotiations
underway in 56 companies for the establishment of a EWC. The number of
SE works councils is also on the rise with a total of 80 in April 2012.
Employee representatives are members of the SE-supervisory board in 40
of them and in the remaining 40 there is only a SE works council
without participation in the supervisory board.
Rio
Tinto spin-off establishes its own EWC
Constellium, the aluminum
producer based in Paris has its own EWC established since January 2012.
The company was created one year before in January 2011, following the
sale of this division by Rio Tinto, the British-Australian raw
materials company, to two financial investors. The most important
manufacturing plants are in France (Neuf-Brisach on the Rhine), Germany
(Singen) and in Switzerland (Sierre). The financial investors were
criticized (photo) in May 2011 following an announced cutback in the
workforce.
The EWC agreement is cast on
similar lines to the old regulations for Rio Tinto, but the working
means of the EWC have nevertheless been reduced. As a consequence only
one plenary session takes place per year. Previously every two years
there were four days training provided and now only two. The time-off
work allowance was also halved: the EWC secretary now has only 200
hours per year (previously 400). Around 9,000 employees are represented
by the 13 EWC members (six from France, three from Germany and two from
Switzerland). The sale of the division had already been under
discussion since 2008 (see report
in EWC News 1/2008).
Family
business in the Rhine-Neckar region setting standards
An SE agreement was signed in
Weinheim on 12th March 2012 for the Freudenberg group of companies. It
covers the European internal market countries as well as Switzerland.
The aim of the SE conversion is to group together international
participation within the conglomerate and not to freeze employee
participation. All supervisory boards remain unchanged.
After about one year transition period the European works
council established in 1996 is to be replaced by a body, that combines
the functions of an EWC and an SE works council.
The
SE works council meets once annually and elects a steering committee of
four members from different countries and divisions. The
EWC’s health and safety activities which has been in place
for some years (see interview
with the EWC chairman) continues to exist in the SE. A right
of access to all European sites has been explicitly granted in the
agreement. For countries which are only represented by one delegate and
cannot adequately participate in the SE works council, there are two
provisions for facilitating a smooth flow of information: on the one
hand the steering committee can designate local
“site-representatives”, on the other hand
preliminary discussions are possible between different sites and/or
divisions within a country.
Explicit
recognition of the
consultation procedure
In one aspect,
the SE agreement goes far beyond all the various formulations from
other companies. Central management does not implement any measures
before the information and consultation procedures have been completely
finalized, both on European and local
levels. Up to this point there is a partial ban on any further
implementation. Although this should automatically be the case under
current legislation, the German courts have just ruled the opposite in
the case of Visteon, the automobile supplier (see report
in EWC News 3/2011). Another remarkable point with
Freudenberg is the arbitration board, which is inspired by the German
Works Constitution Act and which clearly surpasses regulations in other
SE agreements.
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9. The view
beyond Europe
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MAN group agrees on world-wide
minimum standards
A “Joint Declaration
on Human Rights and Working Conditions” was signed on 6th
March 2012 by MAN’s central management in Munich, together
with the SE works council and the International Metalworkers’
Federation (IMF) covering over 50,000 employees of the mechanical
engineering group throughout the world. Amongst other things it
includes a guarantee for the recognition of employee representation -
also in countries where this is not safeguarded. MAN also concluded one
of the best SE agreements yet in existence in February 2009, and has
the largest parity-based SE supervisory board in the whole of Europe
(see report
in EWC News 1/2009).
IKEA
employee representatives link up world-wide
IKEA’s trade unions
are not yet quite as far advanced. From 6th to 8th March 2012,
representatives from 14 countries - including also members from the
European works council - met for the first time in Istanbul with a view
to forging a world-wide alliance. Although central management of the
Swedish furniture manufacturer was open to discussions there, they
could still not be convinced into an agreement on minimum social
standards. As recently as summer 2011 a battle was won against
management for the recognition of a US employee representation
(see report
in EWC News 2/2011).
Ford
creates world works council
An international framework
agreement which was negotiated by the US trade union, United Auto
Workers (UAW), was signed on 25th April 2012 in Detroit, between Ford
and the International Metalworkers’ Federation (IMF). It is
the first agreement of its kind for a non-European car manufacturer.
Central management will inform employee representatives from the whole
world once annually on company strategy and plans.
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10.
Interesting web sites
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Trade union 2.0 in Italy
Since November 2011, the service sector trade union
of the UIL, the smallest of the three Italian trade union
confederations, has published its own website for IT industry
specialists. Individually tailored advice is offered on matters
concerning work and social rights as well as job-specific on-line
training. A real-time job posting service is also available. The web
site is available only in Italian.
Italy was the starting point of
the first virtual
strike in the history of Internet in September 2007. At the time
Italian employees of IBM, the IT group, protested against wage cuts on
the platform "Second Life" (see report
in EWC News 3/2007).
Olympic
campaign against Rio Tinto
The metal for the production of
the Olympic Games’ medals is supplied by Rio Tinto. The trade
unions are calling to kick the British-Australian mining and raw
materials group off the “winners’ podium”
because of the brutal treatment of its own employees. It does not
adhere to the olympic values of fair play and sustainability. On a
Canadian site there has been a lock out of 780 employees since January
2012, which has already put the European works council on alert (see report in
EWC News 1/2012).
European
works councils in the electricity industry
A
European Union-sponsored
project initiated by the Hungarian energy trade union, EVDSZ, took
place during 2011 and was aimed at studying and strengthening EWC
working practice in the most important European energy groups. The
German companies, RWE and E.ON were involved as well as
Électricité de France (EdF). All documents are
now available on a dedicated web site.
Healthier jobs through employee
involvement
The European Agency for Safety
and Health at Work (EU-OSHA) has provided a web site for its
“Working together for risk prevention” campaign
which was started in April 2012. Legislation and tools in 24 languages
are available on the site. Employee representatives can download
guidelines and check lists.
We
have arranged numerous other
interesting websites into a collection
of links.
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Practical
handbook for EWC members
The
European Trade Union Institute (ETUI) in Brussels published this
handbook in February 2012. It addresses itself in particular to members
of European works councils and makes suggestions on how to make
European meetings more useful and efficient with a view to obtaining
better results. The 12 page brochure is available in eight languages
and is the first of a new set of small, illustrated and practical
handbooks for employee representatives with transnational
responsibilities.
Works councils and
trade unions: Partners or competitors?
The Friedrich
Ebert Foundation published a brochure under this somewhat provocative
title in March 2012 and which presents an up-to-date inventory of
employee representation structures in 32 European countries. Besides
the European Union countries all the former Yugoslavia countries are
also covered. Trade unions in Central and Eastern Europe were not
familiar with works councils before 1989 and regarded them therefore as
competition, similarly to trade unions in the predominantly Anglo-Saxon
countries. This explains why the introduction of local works councils,
following the prescriptions of a European Union Directive from the year
2002, was highly disputed and still remains controversial in some
countries.
Further
country analysis from the Friedrich Ebert Foundation
In the last months a set of up-to-date country
reports has been released on the situation of trade unions and
industrial relations, including analysis of Germany. They can be
downloaded here:
The
crisis as a pretext to weaken labour legislation
In April 2012, the European Trade Union Institute (ETUI)
published a review of restrictions to employee rights and to the
bargaining autonomy in the individual European Union countries. Under
the pretext of the financial market and euro crisis measures are often
implemented without respect for democratic traditions and for the
principles of social dialogue. The decline of labour legislation is
particularly noticeable for employees in the EU countries, Greece,
Portugal and Spain, as well as in Romania, Hungary and Slovakia.
The
condensed version of the study
The
analysis of each individual EU-country
We have arranged further technical literature on a
literature
web site.
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12. The EWC Academy:
Examples of our work
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Update
for the
steering committee
The eight member EWC steering committee of the
French Veolia group met on 21st and 22nd March 2012 in Paris. With
support of the EWC Academy they analyzed labour legislations of
selected countries and the characteristics of a correct consultation
procedure. Veolia consists of four divisions (water, disposal, energy
and transport), which are reflected also in the EWC structure. The EWC,
initially established in 2005, adapted its agreement in October 2010 to
the new Directive (see report in
EWC News 1/2011).
"Song and
dance act" or fully-fledged European
works council?
For
the third time already, a seminar was again held in Montabaur castle
(photo) from 10th to 13th April 2012 under this theme and which
highlighted the new legal situation of information and consultation in
relation to restructuring. How can the EWC or SE works council
concretely put into practice the consultation procedure and prepare a
legally water-tight opinion? A EWC initiation day took place for
beginners in parallel.
Preparation for SE transformation
The
European works council of Atos, the French IT company, was informed in
an extraordinary meeting, held on 23rd and 24th May 2012, about its
planned transformation into a European Company (SE). The EWC Academy
was present to give the necessary expert assistance. Atos took over the
IT-services division of Siemens in July 2011 with 31,000 employees and
as a result has grown to become the second largest IT service provider
in Europe after IBM, with 74,000 employees world-wide. The SE
transformation was decided in the shareholders’
meeting on 30th May 2012, and the special negotiation committee (SNB)
will shortly be set up. The Atos EWC was established only in 2007 after
difficult negotiations and just before expiration of the legal three
year period (see report
in EWC News 2/2007).
SE works
council wants to improve
its use of consultation rights
The
SE works council of Lenze met at its headquarters in Aerzen, Lower
Saxony (photo) on 30th and 31st May 2012. In one of the training
modules designed by the EWC Academy, the differences between the rights
of a SE works council and a normal European works council were
examined. The enforcement of these rights and the margin for
negotiations beyond information and consultation were also covered in
the discussions. The EWC Academy will immediately take over the
counseling of the SE works council on economic issues. The mechanical
engineering company made the transformation into a SE in the summer of
2009, in order to avoid a parity-based supervisory board (see report in EWC
News 4/2009).
EWC
Academy - French-German cooperation
The
new agency, IR Share, has published on the Internet an on-line database
with documents in several languages concerning European Union social
policies, national and European industrial relations and works council
activities. Events such as the French-German conference in September
2012 in Paris (see below) will also be organized in cooperation with
the EWC Academy.
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13.
Current seminar schedule
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Training
program brochure for autumn 2012
The
EWC Academy and its
forerunner organization has been delivering conferences and training
seminars for the members of European works councils, SE works councils
and Special negotiation bodies since January 2009. So far 372 employee
representatives from 165 companies have taken part (representing about
17% of all companies in Europe with an established EWC). For autumn
2012 a new brochure is available giving an overview of the planned
events. Further events and topics are in preparation.
French-German EWC conference in
Paris
For
the third time already a French-German conference is being organized
from 17th to 19th September 2012 in Paris. This year the special
highlight is the attendance to a trade fair for French works councils.
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 industrial
relations. 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).
German-Italian EWC conference in
Bolzano
A
conference will be held in the capital of South Tyrol on 27th and 28th
September 2012 for EWC members from Germany, Austria and Italy. It will
focus on the comparison of the employee representation systems and on
an exchange of working practices in European works councils. The
conference will be simultaneously interpreted.
Seminar
for the renegotiation of EWC agreements / Workshop Eastern Europe
A
seminar will take place from 8th to 10th October 2012 in Rheinfels
castle (photo) which examines the new legislation in the context of a
renegotiation of EWC agreements. Also the legally defined procedure for
mergers, spin-offs, delocalization of company headquarters ("changes in
structure") will be covered. A workshop will be held in parallel on
Eastern Europe.
German-British
works council
conference in London
For
the second time already a conference is being held on 25th and 26th
October 2012 in London. The meeting will be simultaneously interpreted.
It is aimed at members of European works councils which fall under
British legislation, as well as at employee representatives from
Germany and other countries wishing to familiarize themselves with the
British system.
Conference for women on Gender Mainstreaming
This
conference taking place in Hamburg, apart from examining
women’s
participation in supervisory boards will also study possible courses of
action for works councils to prevent discrimination and to promote the
reconciliation of professional and family lives. The program on 15th
and 16th November 2012 includes lectures from female academics as well
as practical examples of EWC and national works councils’
experience in equal treatment.
Employee
representation in international
companies
A
seminar is taking place in Hamburg, from 19th to 23rd November 2012,
which will not only interest EWC members, but also members of national
works councils, representatives in supervisory boards as well as works
council assistants in international companies. The speakers are the
lady journalist, Michaela Böhm, as well as Klaus Franz, who
has been the EWC chairman of General Motors for many years (see photo).
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, Rita da Luz, Bernhard Stelzl,
Reingard Zimmer
Distributor
of the German
version: 17,919 readers
Distributor of
the English version: 2,573 readers
Distributor of
the French version: 2,670 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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