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The EMF Company Policy CommitteePrinciples and goals

EMF EU Policy Seminar for full-time union officers

Chantal CaronEuropean Metalworkers’ Federation

Madrid, Spain – November 2011

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EMF Company Policy: main goals

• Defend the interests of employees in MNC

• Give them the tools to deal with transnational strategies of MNC

• Coordinate national trade union strategies

• Develop common positions and common policies

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EMF Company Policy: key actors

- Affiliated organisations

- EWC

- Employee representatives in company decision-making bodies

- EMF coordinators

- Company policy committee and EMF Secretariat

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EMF Company Policy: core activities

• European Works Councils The EWC Directive

Binding guidelines

• EMF policy to support EWC Coordinators for EWC

• The SE and workers’ involvement

• How to deal with transnational restructuring: the EMF way

• Transnational negotiations at company level

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Information and consultation at EU level: the EWC directive

• • Information & consultation of workers at European level: a

high priority– Workers’ involvement is a common feature in

European Countries– Transnational Social Dialogue– Internal Market– Internationalisation of economies and companies

• Demand for more than 25 years• First experiences : 80’s (Thomson, VW, Renault, SKF, ...)• Directive 94/45 approved on 22.09.1994• Scope: the European Economic Area (EEA)

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Information and consultation at EU level: the EWC directive

• • European approach instead of national approach• Pro-active approach: initiate negotiations • Strong coordination

- binding guidelines (minimum rights guaranteed)

- EMF expert assisting SNB - Company policy Committee

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EWC: State of Play

• 2200 companies concerned – 550 in the metal

• > 1200 agreements (900 active EWC) of which in the metal: 323 active EWC 71 obsolete

• > 60% of the workforce in MNC

• 50 ongoing negotiations + renegotiations

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The role of EWC and practice

• Information and consultation (no participation)

• EWC is about transnational and strategic issues

• Role and challenges for employees representatives: understand strategic information, develop a European approach, act as one group (get to know each other), develop communication, report back

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The role of EWC and practice

• Differences in social dialogue create different expectations and misunderstandings

• Non union members ?

• Role of management

CompositioComposition of bodyn of body

onlyonly

mixmix

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EWC in practice

• EWCs have demonstrated their valueEWCs have demonstrated their value

• Practice variesPractice varies

• An important transnational body

• Access to strategic level of decision-making

• Information but limited consultation

• A new challenge: towards a European approach

• A key role to play in the event of transnational restructuring (anticipation of change)

• A tool to reinforce trade union influence in MNC

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EWC agreements: EMF key issues

The EWC agreement: the basis

• Information and consultation rights• Exceptional circumstances : what is the role of the EWC ? (Vilvoorde judgement)• role of the select committee and facilities• role of the expert and coordinator• translation / interpretation• control on agenda, minutes and process• training• Communication

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Revision of the EWC DirectiveRevision of the EWC Directive

• Trade unions: 8 years demand• Consultation of the social partners started in April 2004• Revision process launched with the 2nd phase

consultation of SP on 20th February 2008• Active involvement in the ETUC “worker participation”

working group• Decision not to negotiate with Business Europe – need

to obtain an agreed text by end of 2008• However, social partners urged to give joint advice on

key issues – proposed substantial improvements

The recast EWC DirectiveThe recast EWC DirectiveNew opportunities for EWCsNew opportunities for EWCs

• More effective EWCs (useful effect)• Strengthened information/consultation rights• Improved rights and operative means• Guaranteed expert role• Role unions and European Federations

Not all trade union demands metBUTA step in the right direction

Important dates

● No legislative basis until 22nd September 1994 → pre-directive agreements - so-called “article 13 agreements”

● Directive 94/45/EC was implemented on 22/09/1996 (two years transposition) - As from that date:→ negotiated agreements = “article 6 agreements”→ EWC based on the subsidiary requirements

● Directive 2009/38/EC came into force on 6th June 2009 (20 days of publication in OJ)

BUT

- Transposition period of two years – directive 94/45/EC still applies

- Directive 2009/38/EC becomes the legal basis on 6th June 2011

Negotiating new agreementsWhat has changed since 6.06.2011?

• Responsibility for obtaining and transmitting information required for launch of negotiation: central but also any local management

• New composition of the SNB: fixed rule• Obligation to inform European social partners about

composition of SNB and start of negotiations• Right to hold preparatory and follow-up meetings without

management, with necessary means for communication• Recognition of EIF: may attend negotiations in an

advisory capacity

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Information and consultationNew definitions set new standards

“Information” now defined (2g)

“Consultation” defined in a more precise way (2f)

What do they imply?● Step one: management gives the EWC the necessary information appropriate to enable it to undertake an in-depth assessment

● Step two: the EWC examines the proposed measures and undertakes an in-depth assessment of the possible impact (experts).

Information and consultation

● Step three: the EWC is consulted (dialogue and exchange of views) by the competent organ (right level of management) and

● Step four: possibility for the EWC to express an opinion within a reasonable time – must still “be usefull to the decision-making process” (recital 23)

● SR 1a: possibility for the EWC, after expressing an opinion, to meet with central management so as to obtain a response, and the reasons for that response

Information and consultation

Preamble (recital 22): the information process should not “slow down the decision-making process in undertakings”.

The employee reps have the responsibility to work in an efficient and professional way with the support of the tools at their disposal (communication means, experts, etc.).

Management has the responsibility to give the appropriate information in due time in order to avoid unnecessary delay and to allow the EWC members to have the necessary tools at their disposal.

TransnationalityTransnationality

What issues are to be dealt with by the EWC?

Article 1.4 – matters concerning the whole group or at least two undertakings or establishments in two different MS.

Preamble (recital 16) clarifies what is meant by TN● Determined by taking account of:

- the scope of its potential effects- the level of management and representation involved (see also recital 12)

TransnationalityTransnationality

● Also included: matters which, regardless of the number of MS (may be involving only one country!)

- are an issue for the EWC due to the scope their potential effect

- involve transfers of activities between MS (= even positive impact)

LINKING European and national

levels of information & consultation Article 12 - Need to link the different levels in order

to ensure effectiveness (expected to give more visibility to EWC and their work)

● How? Primarily by reaching agreement during the negotiation process (article 6)

● If no provision in the agreement: rules of the new directive apply → MS may have to adapt their national laws

● Timing clarified in the preamble (Recital 37) : information to the EWC = earlier or at the same time as the national employee representation body BUT NOT LATER.

ROLE AND RIGHTS OF

EWC MEMBERS ● Collective representation of the interests of the

employees + right to have the necessary means to do that (art.10.1)→ Right to go to Court to defend their rights→ MS must ensure appropriate rules for legal personality, financial facilities, communication facilities, etc.

● Reporting back at local workforce (representatives) = a duty! (art.10.2): → establish facilities to enable reporting back

Important to anchor EWC into the national and local levels of employee representation

ROLE AND RIGHTS OF EWC MEMBERS

● Right to training without loss of salary (10.4)Need to define who delivers training, who determines content, how training is organised.

Rights not respected by management: • MS shall provide for adequate administrative or

judicial procedures (article 11 in both directives)but:

• Sanctions must be effective, dissuasive and proportionate (preamble – recital 36)

EXISTING AND FUTURE EWC: when does the new directive apply?

● Pre-directive agreements: obligations arising from the new directive are not applicable except in cases covered by article 13 of the new directive “Adaptation clause” applies to all EWCs

● Existing article 6 agreements: automatically fall under the scope of the new directive = NO NEED TO RENEGOTIATEEXCEPT IF they are revised/renegotiated and formally signed during the transposition period (before 5th June 2011)

→ Legal basis = directive 94/45/EC (even after new directive comes into force) and first national transposition law applying to the agreement

The EMF strategy in the transposition period

• Article 6 agreements: no need to do anything until 6th June 2011Existing agreements: signature after 5.06.2011 Except if signature inevitable during transposition

period => work with new provisions + renegotiation clause

• Article 13: can work politically with new provisions immediately (most provisions agreed by European social partners).

• Strategy globally well followed

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EMF work to support EWCs A key actor: the EMF CoordinatorA key actor: the EMF Coordinator

Objective : EWCs should become real European information and consultation bodies,

with trade union (EMF) influence, support and guidance

How? By designating an EMF Coordinator for every existing EWC

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EMF EWC Coordinators: their EMF EWC Coordinators: their rolerole

• Guidance and assistance of EWC members• Must know what happens in his/her EWC• First contact for other unions• Give a TU perspective• Safeguard the general interest of European

workers• Promote EMF policies towards existing EWCs, CB,

IP• Increased role in restructuring cases (sometimes

conflict between national and European mandate)• Link between EWC (members) and EMF

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EMF EWC CoordinatorsEMF EWC Coordinators

Profile:• Good understanding of EMF activities and political views • Preferably a trade union officer

Designation:• Preferably from the country of the headquarter• Nomination endorsed by the Executive Committee

• Expert clause = EMF coordinateur

Challenges:• Need to be better trained

• Need to have more time for their European work

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EMF EWC CoordinatorsEMF EWC Coordinators

A positive evaluation:

• One (EMF) approach towards existing EWCs

• Relay and contact point for EMF activities (sectors)

• EMF Ambassadors in the existing EWCs and for the

5000 to 6000 individual members

• Role accepted

• An increased role in restructuring case

• Practical functioning varies

A STRONG POLITICAL SIGNAL !

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Supporting EMF EWC Supporting EMF EWC CoordinatorsCoordinators

A role for the EMF: • Support EMF coordinators on a day to day basis• Training activities• Conferences and seminars (company policy + sectoral)• Joint EMF/EMCEF/ETUF-TCL conferenceEMF/EMCEF/ETUF-TCL conference• Continuous flow of information on EMF decisions,

opinions and activities• Involvement in EMF sector committees

A role for national trade union organisations

The SE and workers’ involvement

● Societas Europaea: a company based on European law: regulation and directive adopted on 8/10/2001

• But also partly based on national laws• Not only information & consultation but also

participation

The SE: Major differences compared to EWC directive

• A decision of management

• High level of workers’ involvement through participation (one-tear or two-tier system)

• No SE without worker involvement: negotiation on workers’ involvement before the SE is created (fallback position: standard rules)

• Duration of negotiations: up to 6 months (or if agreed up to 1 year)

• High degree of complexity: four ways of forming an SE with different rules for each form of SE and 27 national rules/practice

Four ways of forming an SE

Merger Public limited companies from two Member States can form an SE by way of merger

Holding Public and private limited companies from two Member States can form a Holding

Subsidiary Any legal entities governed by public or private law from two Member States (or an SE itself) can form a subsidiary-SE

Conversion A public limited company can transform itself into an SE, if it has had a subsidiary in another Member State for 2 years

public

Different participation systems

SE categories (used by SEEurope network)

• Total established SEs - 02 Nov 2011

• Normal SE: SE with operations and employees.

• Empty SE: SE with operations, but without employees.

• Shelf SE: A company which has not been set up for a specific purpose but that is available and generally can be bought by anyone who wants it. Some specialist companies offer shelf companies to businesses so that they can set up in business very quickly. These SEs have neither operations nor employees.

• UFO SE: An UFO SE is operating. Although some information is available from the commercial register and the Supplement of the Official Journal, no information on number of employees or agreement on involvement of employees is available.

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498

189

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The SE: the EMF strategy

European approach instead of national approach

Strong coordination - binding guidelines on procedure and content (adopted by

the Executive Committee 06/2003) minimum rights guaranteed

- EMF expert - Company policy Committee and affiliates concerned

The SE: the EMF strategy

• Many references to the EWC guidelines

• Additional aspects: Participation: no opt-out

Selection of employee board members =A European mandate (EMF & affiliates)

Choice of the EMF expert to assist the SNB

Working structure with involvement of all actors

Better recognition of trade unions

Outlook for the SE

• SE foundation is a mixed success– Clear evidence that the SE is often not used in line with the

intention of the European legislator– However in many cases also new opportunities for cross-border

worker involvement agreements now need to be filled with life– Limited number of normal SE in metal: 22

• Of which:– 12 with SE-WC– 10 with SE-WC and participation rights– 20 with German headquarters, 1 AU and 1 LU

• Possible revision of both regulation and directive– 1st phase consultation of social partners launched on 5/07/2011– Positions of Business Europe and ETUC