Jan Willem Goudriaan European Works Councils 1 VERDI – UNISON Seminar European Works Councils 24 February 2006 Berlin European Federation of Puiblic Service Unions (EPSU) Jan Willem Goudriaan

Jan Willem Goudriaan European Works Councils 2 Subjects  Some Statistics  Companies in EPSU area of activities  Issues on EPSU EWC Coordinators Agenda  European Company  Political Situation – revision of the Directive  Optional Framework for transnational agreements

Jan Willem Goudriaan European Works Councils 3 EWC Database identifies companies affected by the EWC Directive and their compliance to it 2204

Jan Willem Goudriaan European Works Councils 4 Workforce size and compliance rates

Jan Willem Goudriaan European Works Councils 5 23,6 million workers in 2204 affected companies Multinationals affected by the DirectiveWorkers in multinational companies

Jan Willem Goudriaan European Works Councils 6 New member states’ companies affected by the EWC Directive

Jan Willem Goudriaan European Works Councils 7 Involvement and lacking involvement of new EU member states in exisitng EWCs

Jan Willem Goudriaan European Works Councils 8 Companies involved in transnational mergers and acquisitions between 2002 and 2004

Jan Willem Goudriaan European Works Councils 9 Companies in which EPSU is involved  VEOLIA (Used to be Generale des Eaux, Vivendi (Universal)  Suez (Used to be Lyonnaise des eaux, Societe Generale, Tractebel  Eon (VIAG and VEBA)  RWE Thames (Thames now being sold off again ?  CAPIO (BURE, split of Attendo)  Brambles-Cleanaway (WMX/WMI now SULO)  Waste Management International split over different companies  SAUR part of Bouygues now taken-over by private equity fund

Jan Willem Goudriaan European Works Councils 10 EPSU European Works Council Coordinators WHO  Representatives who hold a mandate for EPSU in EWCs  EWC Secretaries/ Presidents  Those involved in education/ training and research Issues  Political developments  Updates on EWC work; reports from EWC coordinators  Trade union agenda  Equality and improving gender balance  Communication with EWC reps/ workers  Work programmes – outsourcing; health and safety  Private Equity Funds next meeting  Etc.  Major issue for next meeting in May: Guidelines for trade union involvement in European Companies

Jan Willem Goudriaan European Works Councils 11 European Works Council Directive Revision Political Situation  ETUC Demands Review – UNICE opposed – Commission stalls – Not a group of countries in Council which pushes – EP was supportive but now ?  ETUC formulated a list of issues for revision such as:  Improve Information and Consultation Rights  Role of Trade Unions; European Federations  Resources (training, debriefing…)  Issues: equality, health and safety etc.  Gender balance  Codification of Information and Consultation Rights likely ?  I&C at national level  Collective Redundancies/ TUPE  European Company – I&C  Court Cases  Fundamental Rights (Charter)

Jan Willem Goudriaan European Works Councils 12 Forms of transnational negotiation become a reality Development of European social dialogue At company level, growing number of transnational texts and agreements concluded, more than 60 listed Examples: GM, Ford, Danone, Diageo on restructuring Arcelor,ENI, Lafarge, Vivendi on H&S Total, Deutsche Bank, Air France, Dexia on employment, training, mobility Unilever, GEA, Philip Morris on data protection Volkswagen, Rhodia, Suez, Club Med, Philips, Rheinmetall on fundamental rights-CSR

Jan Willem Goudriaan European Works Councils 13 Drivers for transnational negotiation Transnational M&As and restructuring Operation of business on an international scale Mobility of production factors, posting Development of CSR Development of EWCs and transnational companies Reinforcement of European social partners and social dialogue Expected growing need for transnational negotiation

Jan Willem Goudriaan European Works Councils 14 Questions raised by transnational negotiation Actors entitled to negotiate and procedure Form and content of the texts concluded Respect and legal effect of agreements Link between levels and link with national laws and agreements Right of association, collective action

Jan Willem Goudriaan European Works Councils 15 Existing Community framework on transnational information, consultation and participation European Works Councils in 1994: Directive 94/45/EC extended to the UK by Directive 97/74/EC Involvement in the European Company in 2001 : Directive 2001/86/EC Involvement in the European Cooperative Society in 2003: Directive 2003/72/EC 10th company law transnational mergers 2005

Jan Willem Goudriaan European Works Councils 16 Existing Community framework on transnational social dialogue Treaty art.138 &139 : promotion of European social dialogue, consultation of European social partners and agreements between them Sectoral Social Dialogue Committees EU Charter of fundamental rights art.28: « Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action »

Jan Willem Goudriaan European Works Councils 17 ETUC  Optional Framework for Transnational Agreements - Part of Social Agenda Extend social dialogue framework to company level (now inter- sectoral and sectoral) - ETUC: so far without legal framework; agreements no legal status- hence no sanctions/ legal recourse if violated or not implemented; agreements deal with issues such as trade union rights, equality, health and safety, restructuring - EMF and EPSU have been supportive in general - Initiative of relevance; working method criticised (should not be a group of experts but the social partners) - UNICE opposed – bargaining national level issue – but not consistent with practice of its members.

Jan Willem Goudriaan European Works Councils 18 ETUC Position  Many Questions:  Binding character, extension of the agreement, sanctions and legal recourse; specialisation of the European Court of Justice in labour law – European Labour Court ?; transnational actions during bargaining and implementation; hierarchy of standards  Negotiating Mandate and Right to Sign Agreements  Trade unions (representativeness); collective actors, organisations with a mandate to represent their members; EWCs not the appropriate bodies for negotiations (lack sufficient rights for this); risk of fragmentation of bargaining  New level should fit within existing structures regarding bargaining and not undermine and replace national bargaining  Non-regression Clause JWG: Right to transnational action Next Step: Publication of Expert Report; consultation of the social partners