E.U. Consultation on Commission Staff Working Document: Transnational Company Agreements – TCA’s

1. E.U. Consultation on Commission Staff Working Document: Transnational Company Agreements – TCA’s

2. Background • Growing number of “texts” on European level since 2000 • Increased role and importance “texts” • Texts = all kind of documents, position papers, CSR, .... • EU initiative on TCA’s • Expert group

3. Definition TCA’s (commission) • transnational company agreement’ means "an agreement comprising reciprocal commitments the scope of which extends to the territory of several States and which has been concluded by one or more representatives of a company or a group of companies on the one hand, and one or more workers’ organisations on the other hand, and which covers working and employment conditions and/or relations between employers and workers or their representatives

4. Staff Working Document • Result of Expert group • No answers : mainly open questions • Focus not only on EFA’s (European Framework Agreements) but also – incorrectly – to IFA’s (International Framework Agreements) • But overview of – most – of the real questions is there.

5. Ultimate aim: • Optional Legal Framework for TCA’s • >< replacing existing national systems or framework agreement on these topics • each country has a “system” (law or other) on collective agreements • = about legal status AND form of TCA’s • optional = difference between binding and gentlemen’s agreement

6. Is the analysis as to challenges and opportunities related to transnational company agreements shared by stakeholders? Are there important other aspects that have not been taken up so far? • The analysis is in large shared • IFA’s should be excluded from debate • What is missing: • form of the agreements (rules, requirements (scope, terms, end, ...) • clear mediation / litigation • European labour court

7. Which options should be chosen to support actors involved in transnational company agreements and with a view to clarifying their role? • not too much interference: social partners initiative • clear status of T.U. as actors in negotiations: recognition of European Trade Union Federations as bargaining partners • clear implementation of TCA’s into national systems (respecting national law and/or traditions) • registry systems for TCA’s (transparancy)

8. What are possible ways to raise awareness as to the data protection obligations to be respected, in particular with regard to transfers of personal data to non-EU countries? • Is this a problem? • names of signatories? • Content of agreement? • free and open (France, Belgium, Spain, ...) • private documents (Nordic countries)

9. How can more transparency of transnational company agreements be achieved? • Public registry or database for TCA’s • started on voluntary basis by EU project • industriAll makes all European agreements publicly available (after signing) on website and EU database • Clear title and description of type of text plus all necessary information (company name, date, signature, scope, implementation, ...) • information to employees

10. How can the implementation of transnational company agreements be improved and their interrelation with other levels of social dialogue be better addressed? • clear legal status of these agreements combined with level of hierarchy

11. How can more legal certainty in the application of transnational company agreements be achieved? Should the development of a mechanism aiming at clarifying legal effects of such agreements be envisaged? • clear status on signatory parties (who) • internal procedures should not be part of this, legal framework does NOT have to provide, what how and when we get a mandate or how we achieve a majority • clear form of agreements • implementation procedure (in agreements as well as in framework) • non regression clause in agreements + clear hierarchy

12. Should action be taken to support the prevention of disputes and out-of-court settlement? • If yes, which action(s)? • first role for signatory parties (to be taken up and defined in agreements) • clear implementation process in agreement • possible positive effect of a mediation procedure (no arbitration) prior to court

13. Should an optional framework be developed that addresses the above-mentioned issues, for example in the form of guidelines? What should be the main elements of such a framework? • Yes • Form of the agreement • Who can sign? (ETUFs) • implementation • hierarchy • litigation (mediation / court / ...) • registry of agreement (transparancy) • NOT to be included: • role of EWC (has to be done internally) • mandate procedure

14. Who should be the main actors and which role should be given in particular to social partners, and at what level? • Company reps and ETUF’s • (internally we have to provide for role for EWC inside negotiations, follow-up, ...) • National level should be represented through main actors on European level • company sites through Company • national trade unions and/or work councils through ETUF’s