1.
Another revision of the EWC Directive in sight
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Fully packed agenda on labour legislation
in Brussels
The European Commission has
until the 5 June 2016, at the latest, to submit reports on the
transposition of the new EWC Directive to the European Council of Heads
of State and Government, and to the Parliament in Brussels - as stated
in the provisions of Article 15 of this very Directive. But that is not
all; in the subsequent sub-paragraph: the European Commission "should
make appropriate proposals where necessary", so a new revision is on
its way.
In preparation for this report,
the European Commission is now already planning an evaluation of the
practical problems with the implementation of the new EWC Directive.
The foundations for a considerably improved legal environment for
European works councils will therefore most likely be laid down in the
course of 2015. This coincides with the so-called "Fitness check" in
several Information and Consultation Directives, which under the
pretext of dismantling bureaucracy could lead to an erosion of employee
rights. The outgoing EU Commission submitted an interim report on the
subject in June 2014.
Apart from this Fitness check
the European Commission would also like "to consolidate" several legal
acts on employee Information and Consultation by standardizing
definitions and smoothing out any differences. This includes
particularly the Directive on collective redundancies from 1998, the
Transfer of Undertakings and Protection of Employment Directive from
2001 as well as the General Framework for Information and Consultation
Directive of employees on a national level from 2002. Furthermore, the
Directive on Employee Involvement in the European Company (SE) from
2001, the Directive on Cross-Border Mergers of Undertakings (Merger
Directive) from 2005 and the Directive on the Establishment of European
works councils (EWC Directive) from 2009 could also be included. The
consultation procedure plays a central role in all of these Directives.
What does the word
"consultation" mean?
If one wished to cast all
labour legislation in the same mould, there would have to be one
consistent definition for the word consultation. The question arises in
each European works council: “Song and dance act”
or real negotiations on substantial matters with transnational
importance? If consultation is interpreted in the French sense, the
employer cannot implement any measures until the employee
representatives have rendered their "opinion". By using this concept
intelligently, negotiations can take place behind the scenes before the
rendering of any opinion (see report
in EWC News 3/2011). In the default provisions of the SE
Directive, consultation is not defined as a "coffee talk" but requires
that the parties meet "with a view to seeking agreement". Will this
become the blueprint for all of these Directives?
Forthcoming event: How to
consult properly?
These recent developments in
European labour law will be on the agenda of the annual Conference for
European Works Councils and SE works councils on 26 January 2015 in
Hamburg. On the second day, the 27 January 2015, a short
seminar will be held for the consultation process.
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2.
New
EU commissioners start work
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Strengthened European Parliament demands
more say
The
new European Parliament was
elected on 22 to 25 May 2014. The Christian-democratic parties continue
to form the largest parliamentary group, while the social-democrats are
only slightly smaller. The "grand coalition" in place for many years
will remain. The relationship between them is now more balanced since
the Christian democrats lost a substantial amount of votes and the
Social democrats remained stable. In other words: the social-democrats
have gained somewhat more weight.
By
designating the candidates
running for election, for the first time, the choice of the new
commission’s president was pulled out of the backroom of the
heads of state and governments into the public spotlight
("parliamentarised"). This empowerment of the elected members of
parliament was already apparent during the hearings of candidates for
positions in the commission: several of them were turned down. The new
commission’s term-of-office will begin on 1 November 2014.
Improvements
in labour
legislation now stand a better chance than during the last
term-of-office, whereby some initiatives did find a majority in
Parliament, but were not carried forward by the EU-Commission. These
include the legislative initiative on managing restructuring ("Cercas
report") from January 2013. The Commission’s lack of action
led the European Trade Union Confederation (ETUC) to file an official
complaint with the European Union’s Ombudsman (see report in EWC
News 3/2013). The "Händel report" from September
2013, on the legal safeguarding of transnational company agreements is
currently also on ice.
New
Commissioner for Employment and Social Affairs
The Flemish Christian democrat,
Marianne Thyssen, will take on a portfolio which is particularly
important for works councils. As a lawyer she was active for many years
in a Federation of small and medium-sized enterprises, before being
elected in 1991 to the European Parliament. Her priorities are the
revision of the EU Working Time Directive, which failed in December
2012 (see report
in EWC News 4/2012) and the transposition of the Posting of
Workers Directive. Unions welcomed her nomination.
Forthcoming
event
A
works council seminar will be
held in Brussels from 23 to 26 March 2015, on the subject of
transnational company agreements. Attendance to a meeting of the
European Parliament’s employment committee is also planned.
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3. News from individual countries
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New
government in Sweden
Following parliamentary
(Reichstag) elections, a red-green minority government took office on 3
October 2014. Stefan Loefven, a former trade unionist and chairmen of
IF-Metal from 2006 to 2012, was elected as Prime Minister. For the
first time since 2006, the Social Democrats once again elected the head
of government in their homeland. Previously, Sweden had nearly always
been governed by social democrats since 1932 with only short
interruptions. The new government aims at achieving the lowest
unemployment figures in Europe before 2020.
Two
points from the
government’s program are particularly interesting for
employee representatives also on an international level: the government
wants to impose strong data protection regulations throughout the EU
and in the future all employees on Swedish soil are to be paid
according to Swedish terms and conditions. A ruling of the European
Court of Justice from the year 2007, which had declared a strike of the
Swedish Construction trade union as illegal, should therefore be
revised. At the time, the labour dispute was aimed at enforcing Swedish
collective terms and conditions on a Latvian company who posted
subcontractors to Sweden and paid them according to Latvian conditions
(see report
in
EWC News 4/2007). The Swedish trade union was condemned to
pay substantial damages.
The
conservative government at
that time transposed the court ruling into Swedish labour law, which
was condemned in February 2013 as a violation against fundamental
labour rights by the International Labour Organization (ILO) in Geneva.
The ILO demanded the abrogation of any restrictions on the right to
strike (see report in
EWC News 1/2013), to which the new government will now comply.
Swedish turnaround in energy
policy with consequences for East Germany
A
further item on the
government’s program is the transformation of the
country’s power supply to 100% renewable energies with no
coal or nuclear power. The national power supplier, Vattenfall, who
mines brown coal in East Germany, is to take on a leading role in the
project. The consequences for the regions concerned in East Germany are
not at present foreseeable. The following texts are only
available in German:
Historical change of government
in Belgium
Since 11
October 2014, the
Kingdom of Belgium is being governed by a liberal Christian-democrat
coalition with the participation of Flemish separatists. The era of
"grand coalitions" is therefore over, since the socialists are no
longer represented in the government, for the first time since 1988.
One of the most important agenda items of the new coalition is the
raising of the pension age from 65 to 67 years. The trade unions with
their high membership figures in Belgium and who, in previous general
strikes, were able to much more substantially mobilize than their
allies in France, have already announced demonstrations. The first
demonstration took place on 23 September 2014 in Brussels, when the
coalition negotiations were still running.
Euro-zone
extended
On 1 January 2015 Lithuania
will introduce the euro. The former Soviet republic is the last of the
three Baltic countries to join the monetary union. The euro was already
introduced in Estonia at the beginning of 2011 and in Latvia at the
beginning of 2014. Originally Lithuania wanted to make the change in
2007, but just missed meeting the admission criteria at the time. All
EU Member states with the exception of the United Kingdom and Denmark
are contractually obliged to introduce the euro. However, at present,
none of the seven countries; Bulgaria, Czech Republic, Croatia,
Hungary, Poland, Romania and Sweden are in a position to fulfill all
criteria.
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4. Mergers change EWC
landscape
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The Microsoft Nokia deal and
the European works council
In April 2014,
Nokia’s mobile telephone division was acquired by the US
group, Microsoft. The division operates as an independent subsidiary
under the name Microsoft Mobile and still has its headquarters in Espoo
(Finland). Previously in July 2013, Siemens had sold its 50%-share in
the telecommunications and network service provider, Nokia Siemens
Network (NSN) to Nokia. Since July 2014, NSN has been fully
integrated into the Finnish group under the new name Nokia Networks.
Up
to then, Microsoft still did
not have a European works council. In contrast, Nokia, as a pioneer has
had such a body in place since 1993 which continues to operate on a
"voluntary" basis and is not subject to the EU Directive. In 2010,
negotiations for the establishment of a EWC at NSN fell through and a
default EWC was established (see report
in EWC News 3/2010). In 2012, it succeeded in obtaining
extensive consultation rights following complaints filed with the
Finnish Ministry of Labour arbitration board ("Co-operation
Ombudsman"). This was the first and till today, one and only court
ruling in Finland, made on EWC matters (see report in EWC
News 4/2012).
Current
situation in autumn 2014
Microsoft
Mobile now uses
Nokia’s old EWC agreement dating from 1993, which was amended
shortly before the takeover with an additional article: the agreement
will continue to apply, as long as there exists no better EWC agreement
within a new group. This article, which was considered as a safeguard
by employee representatives, may however, on the other hand, have
legally negative consequences. As such, the legal right to a complete
renegotiation according to article 13 of the new EU-Directive has
hereby been overridden (see report in
EWC News 3/2012). The first meeting of the Microsoft Mobile
European works council took place in May 2014. It was a premiere for
the entire Microsoft group.
The
old EWC agreement from 1993
continues to apply also to 560 employees from the Nokia business units
which were not sold to Microsoft. If the entire NSN had been
taken-over, the “default EWC” would have lost its
legal basis and been dissolved. The former 17,700 NSN employees have
therefore now been integrated into a European works council, which has
a substantially worse legal situation and which was established in 1993
in a completely different environment. Central management is
furthermore refusing to integrate 1,600 employees from another
division. An article 13 request according to the new European Directive
has also been made impossible for this EWC due to an article which was
added to the agreement by the, at-the-time, Nokia employee
representatives, before the takeover by Microsoft.
An issue for many European works
councils
It
can be clearly seen from
this example how complex the legal impact of restructuring can be.
Often the potential consequences of undersigning an article can not be
precisely predicted and after such restructuring the people involved
both on employer and employee sides are no longer the same.
Nevertheless the old agreements are applicable.
Forthcoming event
The
Microsoft/Nokia example
will be on the agenda of a EWC seminar to be held from 4 to 7 May 2015
in Helsinki. The program is currently under preparation.
Plans for a mega-merger in the
building materials industry
In April
2014, the
world’s two largest building materials manufacturers, Holcim
(Switzerland) and Lafarge (France) announced their intention to merge.
The new company LafargeHolcim is to have its headquarters in
Switzerland and with its 140,000 employees world-wide will make a 30
billion € annual turnover. Both companies have a EWC with
extensive activities and with independent social policies, e.g. in
health and safety (see report in EWC
News 3/2011). In Lafarge it was established in 1994 under
French jurisdiction and Holcim has a Euro-Forum in place since 1996
under Belgian legislation.
The French-tailored
Lafarge EWC is particularly active and already reached an agreement
with central management on 22 May 2014 on the Information and
Consultation procedure during the different stages of the merger: a
so-called "method agreement", which is frequently implemented in France
also by local works councils. The official consultation procedure began
on 19 June 2014 in an extraordinary meeting of the EWC. An external
consultancy firm commissioned by the EWC is already examining the
possible consequences on jobs per country and per business unit. The
EWC opinion is however only expected in one year. On 22 July 2014 the
select committees of both councils met in Brussels to discuss the
current situation. Management’s lack of communication on
possible job losses came under criticism.
Automotive
suppliers merge
ZF Friedrichshafen announced on
15 September 2014 its acquisition of the US-company TRW Automotive,
which is to be completed in the first half of 2015. ZF Friedrichshafen
is the third largest German automobile supplier and its 72,000
employees are located in 26 countries. ZF will expand to double its
size through the merger. First of all, TRW is to be integrated as an
independent division within ZF. There is no fear of job losses. The ZF
works councils would like to condition their approval of the merger on
solid financial plans, but can however see an undeniable industrial
logic behind it. Three TRW plants are being sold to the US group,
Federal Mogul and will not be transferred to ZF.
Both
companies have a European works council: the automobile supplier at
Lake Constance since 2000 under German jurisdiction and the US
automobile supplier since 1997 under British legislation. For TRW
Automotive the main European employment focus is also in Germany and
the EWC chairman comes from the Koblenz plant. If no special
arrangement is concluded with central management then the TRW EWC will
be dissolved in spring 2015. This can only be avoided by resorting to
article 13 of the new EWC Directive. In this case both councils would
continue to exist for up to an additional three years, until a
completely new EWC agreement is prepared by a Special Negotiating Body
(SNB). As a consequence of the merger ZF will transfer its 50%-stake in
the joint venture ZF Lenksysteme to the Bosch group. The ZF Lenksysteme
EWC established in December 2013 (see report in EWC
News 1/2014) will therefore be dissolved and in the future
its workforce represented by the Bosch EWC.
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5. Updated EWC
agreements
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Swiss pump manufacturer rejects
new EU-standards
A
new EWC agreement for Sulzer
was signed on 3 June 2014 in Winterthur under German jurisdiction. The
EWC was established in 1996 on the basis of a "voluntary" agreement and
until now, was not subject to EU-legislation. Items which are hardly
covered in other companies are covered in extensive paragraphs in
Sulzer. The management has built-in all the legal eventualities and
obtained the signature of employee representatives for the
non-application of EU-legislation in the case of "changes in structure"
(see report
in EWC
News 4/2011).
Particularly
noticeable is the absence of any definition of Information and
Consultation. To some extent the standards of this EWC agreement fall
even below the level of the old EU Directive. If there are no
representatives in a country, then the board can only communicate in
writing with the workforce. There are no provisions for visiting sites.
The employer can reject requests for training at any time, even if it
proves necessary. On the positive side, there is the possibility of
establishing EWC working groups on special topics. The agreement covers
approximately 6,000 employees in Europe, including 1,700 in the United
Kingdom, 1,100 in Switzerland and 900 in Germany.
French airline sets benchmark
A revised version of the EWC agreement for Air
France-KLM was signed on 12 June 2014 at the Paris Roissy airport.
Although the French generally belong to the leading European group of
EWC agreements, this document sets an even higher standard, similarly
to the insurance group Axa (see report in
EWC News 2/2009). Central management hereby commits itself to
completely finish consultation of the EWC in all strategic matters
before implemented any measures.
The EWC
is composed of 39 members including Switzerland, eleven from France and
seven from the Netherlands. They meet twice annually. A seven-member
board deals with the day-to-day administration, along with a "Group
Strategy Commission" of five members. The EWC can establish further
working groups. Each representative has a right to eight days training
per term-of-office and to on-site visits. The current EWC was
established in 2006 following the merger and has already been actively
involved with pan-European restructuring (see report in
EWC News 2/2013).
Canadian
rail technology manufacturer with new EU-standards
A
new EWC agreement was signed
for Bombardier on 2 September 2014 in Berlin. The Canadian company
which manufactures business jets and rail-mounted vehicles has had a
EWC since 1998 under British jurisdiction. The council is limited to 30
members and meets once per year. The five member steering committee
meets twice annually with central management.
A
right to training as well as the definition of Information and
Consultation have been integrated from the new EU Directive including
the recital 16 from the preamble on transnational competence (see report in EWC
News 1/2013). On termination of the EWC agreement, the EWC
remains in office and the subsidiary regulations of the British EWC
legislation (TICER 2010) come automatically into force. Situations such
as observed in the major bank, HSBC and in the IT-technology group,
Hewlett-Packard can hereby be avoided (see report in EWC
News 1/2014).
We have put together
a selection of EWC agreements on a webpage
for download.
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SE
pioneer revises agreement on employee participation
A
completely revised version of the SE participation agreement for
Allianz, the insurance group, was signed on 3 July 2014 in a meeting of
the SE works council in Trieste. In October 2006 it was one of the
first major companies to have adopted the European Company (SE) legal
form. At that time negotiations on the SE agreement came under close
scrutiny in the specialized community.
The
revision of the agreement became necessary, due to the growing
importance of cross-border business units since 2006 and individual
subsidiaries had been integrated into the legal structure of the SE.
Representatives from these units have therefore been newly integrated
into the Holding’s SE works council. The competence of the SE
works council in relocation of subsidiaries or business units to
non-European countries (off-shoring) has been more precisely defined.
The SE works council has the right within four years after a
relocation, not only to request information but also to visit the
non-European sites under specific circumstances.
Strengthened consultation
procedure
Information
and consultation rights have been extended to cover transnational
changes to employment, working conditions and working environment. The
SE works council members have better conditions for carrying out their
duties (communication with local levels, more means, and even better
protection against dismissal). So far the Allianz SE works council is
one of the few which has actually used its initiative rights from its
SE agreement: in May 2011 it signed with central management
pan-European guidelines on work-related stress (see report in
EWC News 2/2011) and in June 2012 on lifelong learning.
German family business with
employee-free management board
The
automobile supplier, Eisenmann, headquartered in Böblingen
(near
Stuttgart) with 3,800 employees world-wide has been operating since 17
September 2014 as a European Company (SE). By means of the SE
conversion it was not only possible to avoid the separation into
management and supervisory boards (dualistic model) but it was also
able to keep the newly established board of directors
(monistic
model) free from employee representatives on a long term basis.
Eisenmann has two sites in Germany as well as locations in France,
Italy, Spain and in the United Kingdom.
On
24 March 2014, after only two months, the Special Negotiating Body
(SNB) concluded a SE participation agreement with central management.
The SE works council was established almost identical to the subsidiary
regulations of the German SE participation act, both in relation to
membership numbers, the frequency of meetings as well as to the
consultation procedure. Additionally there are initiative rights in
areas of occupational safety and equal treatment.
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7.
Pan-European company agreements
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Minimum social standards are to
be fixed
On
15 October 2013, Deutsche Bahn’s (German Railway) central
management informed the European works council of their plans to
establish a Shared Service Center. Parts of accounting are to be
relocated to Romania with a cutback of 250 jobs in Germany. For the EWC
this represents an issue of the utmost importance. It would like hereby
to specifically exploit the consultation rights which were extended in
the EWC agreement in March 2012 (see report in EWC
News 2/2012).
In
an extraordinary EWC meeting held on 20 and 21 May 2014, central
management committed to a set of minimum social standards for the
employees involved. The EWC brought up the topic again at a meeting in
Vienna on 4 September 2014, since so far, the promise had not yet been
kept. The real concerns hereby were replacement jobs, skills
development, early retirement as well as financial compensation.
Similar agreements have already been reached in other companies on a
European level (see report
in EWC News 1/2010).
Environmental
group regulates health and safety
A
pan-European agreement on industrial health and safety was signed for
Suez Environment on 12 June 2014 in Barcelona. The French group with
65,000 employees does business in waste and water management. A
European works council was established in July 2013 following the
group’s spin-off from the former parent company GdF-Suez
(see report
in EWC News 3/2013).
The EWC has its own industrial health and safety committee which meets
twice annually and is responsible for monitoring the agreement.
Pan-European equal
treatment in French bank
An
agreement on gender equality in the workplace was concluded on 16
September 2014 in Paris between central management and the European
works council of BNP Paribas and two European trade-union federations.
The agreement covers topics such as equal pay, occupational training
and work-life balance. The EWC established under French jurisdiction in
1996 had already negotiated a pan-European social charter in July 2012
(see report
in EWC News 3/2012). A third agreement on
psychosocial risk prevention is in preparation.
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8. Workplace campaigns and disputes
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Strike and global
campaign at mail-order-retailer Amazon
There
has been a works council in all the German distribution centers of the
US e-commerce retailer since June 2014 and since 28 August 2014, the
first parity-based supervisory board. The ver.di trade union was
nevertheless unable to enforce a bargaining recognition, although for
months there were strikes over and over again - even during the
Christmas business period. International trade-union federations agreed
on a global campaign against the working conditions in the company at a
meeting held on 17 July 2014 in Berlin. There were also strikes in
France. The company’s management policies are publicly
criticized
in England and the USA. In May 2014, the International Trade Union
Confederation (ITUC) elected the managing director of Amazon as the
world’s worst employer.
Plant closures announced
At
a meeting held on 11 June 2014 in Geneva, central management of Danone,
the French food-products group informed its European works council
about its plans to close three production plants for dairy products in
Italy (Casale), Hungary (Budapest) and Germany (Hagenow). There will
consequently be a total of 350 job losses by the middle of 2015.
Danone
belongs to one of the pioneers of European works councils, since it had
already established a similar type of council in 1988. In an annex to
the EWC agreement in 1997, central management committed itself to
suspend any plant closures or relocation of production for at least
three months to enable employee representatives to seek alternatives.
Danone concluded an anti-discrimination agreement in 2007 (see report in EWC
News 4/2007) and since 2009 the EWC meets regularly with the
employee representatives from other parts of the world (see report in EWC
News 4/2009).
Future
of Spanish site secured
The
future of the Spanish plant in Elgoibar was on the agenda of a meeting
of Schaeffler’s European works council, held on 21 July 2014
in
the Hagenau plant in Alsace. As a consequence of the financial market
crisis Spain has been particularly hard-hit by the relocation of
foreign companies and in September 2014, it had the second highest rate
of unemployment of 24.5% in the EU behind Greece. The safeguarding of
the site in the Spanish Basque region is considered therefore as a
success by the local works council of the German automobile supplier
despite concessions on wages and a new organization of working-hours.
The Schaeffler EWC, first established in 2008 (see report in EWC
News 1/2008) began a new term-of-office at this meeting and
elected a new board. The following texts are only available in German
and Spanish:
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9. The view
beyond Europe
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Framework agreement in American
banking sector
The
global trade union federation for skills and services, UNI, has
recently succeeded in concluding a framework agreement for an entire
industrial branch in North and South America. Generally speaking, such
agreements are concluded only with individual multinational groups.
They include the respect of international labour standards, freedom of
coalition, promotion of collective bargaining, industrial safety. The
Banking employers’ association, Felaban, signed the agreement
on
26 June 2014 in Buenos Aires (Argentina). It is the first of its kind
in the American financial sector and covers more than 500 banks in 19
countries.
Siemens framework agreement
helps in the USA
On
28 August 2014, the employees of a small service unit from four Federal
States in Northwest USA voted in favor of establishing employee
representation. Siemens management had previously tried putting
pressure on to prevent the ballot. The deadlock could only be ended by
resorting to the international framework agreement concluded in 2012
(see report
in
EWC News 3/2012)
and through the involvement of the German works councils and IG Metall.
Similar tactics can be observed over and over again, as most recently
for example, in February 2014, at Volkswagen in the USA (see report
in EWC News 1/2014).
International
network at US
agricultural technology manufacturer
Employee
representatives from John Deere coming from the USA, Brazil, India and
several European countries met on 4 and 5 September 2014 in Mannheim,
with a view to strengthening their global network and co-operation with
the European works council. The Mannheim plant is largest production
site outside the USA. The EWC, established in 1996 according to a
“voluntary” article 13 agreement under German
jurisdiction
has also its headquarters there.
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Corporate Europe Observatory
(CEO)
The
forthcoming coming-into-office of the new EU-Commission and the
disputed Transatlantic Trade and Investment Partnership (TTIP) are
currently two good reasons for examining the relationships between
Corporations and Politics more closely. The Corporate Europe
Observatory in Brussels does research work on lobbying in EU-politics
and provides awareness.
EU campaign: Healthy Workplaces
The
European Agency for Safety and Health at Work (EU-OSHA) started a
two-year campaign in April 2014. The goal is it to promote in all
European countries, procedures to minimize work-related stress and
psychosocial risks. Information on the subject is available in 25
languages on the website.
Current developments in British
labour legislation
The
independent Advisory, Conciliation and Arbitration Service (ACAS)
provides information on its website about new and forthcoming
developments in British labour legislation. ACAS is sponsored by the
government as a public institution and provides support to employers,
trade unions as well as to individual employees. ACAS free-of-charge
arbitration has been compulsory in individual labour litigation since
April 2014 and only thereafter can court proceedings be initiated.
Trade union figures from the
employer’s viewpoint
The
Cologne Institute for Economic Research publishes its Trade-Union
Mirror four times annualy. It contains short reports, facts and trends
relating to trade unions. Regularly it examines individual countries in
more detail, including recently the Czech Republic, Poland, the United
Kingdom and the USA. All reports may be downloaded, only in German
however, from the Institute’s website.
We
have arranged many further
interesting websites into a collection
of links.
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Legal Commentary from
employer-friendly authors
This
commentary which analyses the EU-Directives on employee participation
and their transposition into German labour legislation was published in
September 2014. 344 pages and almost half of the book deal solely with
the revised German EWC legislation. Further chapters examine employee
participation in the European Company (SE) and in the European
Cooperative Company (SCE) as well as participation issues in the case
of cross-border mergers (EU Merger Directive). Whereas there is a
multiplicity of legal commentaries from employer-friendly authors on SE
legislation, this is rather an exception for European works councils.
Two commentaries on the German EWC legislation close to the
trade-unions had recently been released (see report in EWC
News 1/2014).
Brochures on the international
trade union movement
The
Austrian Association for Trade Union Training (VÖGB) in
collaboration with the Chamber of labour has released two new
publications: in April 2014, an introduction to the European Union and
in September 2014 on globalization matters. The first brochure
describes both the emergence of the European Union, the Eastern
European countries’ accession process and presents the EU
institutions. Special emphasis is put on the social Europe. The second
brochure covers the international networking of capital and describes
union counter-strategies. Both brochures are available free of charge,
but only in German.
Country report on
trade unions in Poland
As
part of its series on industrial relations in specific countries, the
Friedrich Ebert Foundation released an evaluation of Poland in
September 2014. Wheras in the years after the collapse of communism the
trade-unions capacity to act was reduced and membership figures
strongly decreased, lately an improvement is to be observed. The
competing trade union confederations have said farewell to close ties
with the political parties and have become considerably more open to
conflict. Consequently, in September 2013 the largest demonstrations
since the 80’s took place in Warsaw against the government.
The
implantation in companies is however still weak although there has been
legislation on works councils since 2006 (see report
in EWC News 3/2009). Following documents are only available
in German:
Manual on cross-border
employment
In
May 2014, the European Commission published a manual which examines the
applicable legislation for cross-border employer-employee relationships
in the European internal market and in Switzerland. Separate chapters
are devoted to the posting of employees into another EU country, the
pursuit of activities in two or more member states as well as rules for
determining the country of residence. The 61-page manual is available
in 23 languages.
We have
gathered together further documentation
into a collection
of literature.
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12. The EWC Academy:
Examples of our work
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Training in Swiss agro-chemicals
company
The
bi-annual meeting of Syngenta’s European works council was
held
on 4 and 5 September 2014 in Monthey, Wallis. The company produces
pesticides at the site. The EWC Academy delivered training on labour
relations in Europe and on the characteristics of a correct
consultation procedure. Syngenta has its headquarters in Basel and has
had a EWC under British jurisdiction since 2001. In November 2010 the
agreement was adapted to the standards of the new EU-Directive. Since
there had been European forums already since 1995 in the fore-running
companies, the status of a "voluntary" agreement according to article
13 of the old (article 14 of the new) EU-Directive was maintained. For
settlement of disputes a specific company regulation was made, for
which the Central Arbitration Committee in London has no responsibility.
Preparation
for SE conversion
On
10 September 2014, a plenary meeting of the Airbus European works
council took place in Toulouse. Shortly before the beginning of
negotiations on the conversion into a European Company (SE), the EWC
Academy had been commissioned to prepare options for the structure of
the future SE works council and to put together "best practice"
examples from other SE conversions.
The
Special
Negotiating Body held a constitutional meeting on 22 and 23 September
2014 in Amsterdam, where Airbus has its official headquarters. It is
composed of 24 members from 16 countries. The EWC is otherwise only
made up of the four core-countries France, Germany, Great Britain and
Spain. The German press had already anticipated the result of the
negotiations in January 2014: "Airbus does without employees on the
board of directors". This is only possible due to special legislation
in the Netherlands which encourages avoidance of employee participation
on the board (see report in EWC
News 4/2013).
Credit
insurers works council conference
Around
twenty works council members from three credit insurers met for their
annual conference from 15 to 17 September 2014 in Koblenz. Apart from
industry-specific discussions, this time the different models and
cultures of employee participation in other EU-countries and
cross-border courses of action for works councils were also covered.
Hereby, the EWC Academy provided input. In the insurance industry,
apart from SE conversions, cross-border mergers under the EU Merger
Directive are also to be observed (see report
in EWC News 2/2009).
The French company, Coface, folded its national supervisory boards into
one single transnational supervisory board with employee participation
in 2012 and this also took place in the Allianz subsidiary Euler Hermes
mid-2014.
"Song
and dance act"
or fully-fledged European works council?
The
EWC Academy held its annual basics seminar for European and SE works
council members from 29 September to 2 October 2014 for the fifth time.
The venue was for the first time the Bad-Wilhelmshöhe Hotel in
Kassel (photo). The next seminar is to be held as usual in Montabaur
castle in April 2015. The following texts are only available in German:
SE
works council wants structured consultation
The
SE works council of tesa, the adhesive tape manufacturer, held its
bi-annual meeting in Lübeck from 13 to 17 October 2014. With
the
assistance of the EWC Academy the representatives were able to develop
the key elements of a structured consultation procedure.
Central
management representatives from several countries also took part in the
workshop. tesa concluded a SE participation agreement in 2008
(see report
in EWC News 4/2008).
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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 negotiation bodies since
January 2009. So far 574 employee representatives from 222 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.
German-British
works council conference in London
For
the fourth time already a conference is being held on 23 and 24 October
2014 in London. The meeting will be simultaneously interpreted. It is
particularly suitable for European works council members, who are under
British jurisdiction and for employee representatives wishing to
familiarize themselves with the British system.
EWC
legislation seminar
The
following topics are on the agenda from 28 to 30 October 2014 in
Würzburg: Legal subtleties of a EWC agreement, past EWC
case-law
and application of the new EU-standards in cases of legal doubt. The
seminar will be simultaneously interpreted (German/English). There will
be separate working groups for the German and British EWC legislations
(TICER 2010).
Data
protection in the international group
The
global networking of IT systems is continually pushing forward and
personnel data is processed internationally and throughout
corporations. But what are the possibilities for works councils to
control or limit the communication of data within the company? This
subject will be covered in a seminar being held from 3 to 5 November
2014 in Hamburg (with interpretation German/English).
7th
Hamburg Conference for European and SE works councils
As every year, a two-day
conference is being organized in Hamburg in January. The topics:
Monday,
26 January 2015: Current trends in the EWC landscape - new court
decisions and examples of EWC activities
Tuesday, 27
January 2015: Visit to a Vattenfall power station and discussion
with EWC members
Preview 2015
- Brussels,
23 to 26 March 2015: Seminar on transnational company agreements,
including attendance to a session of the European
Parliament’s social affairs committee
- Montabaur,
7 to 10 April 2015:
EWC Initiation seminar / EWC Consultation seminar
- Helsinki,
4 to 7 May 2015: Scandinavian EWC seminar, guest speaker: Helena
Lamponen, former Finnish Ministry of Labour Ombudswomen for EWC disputes
- Berlin,
11/12 June 2015: Conference for works councils in US companies, guest
speaker: Hermann Nehls, Social attaché at the German Embassy
in
Washington
- Paris,
14 to 17 September 2015: Seminar on French
industrial relations
- Luxembourg,
28 September to 2 October 2015: Seminar on European labour legislation
and the effects on the German employment laws, with a visit to the
European Court of Justice
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, Manfred Bobke, Rita da Luz
Distributor
of the German
version: 20,290 readers
Distributor of
the English version: 3,360 readers
Distributor of
the French version: 3,174 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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