ITC – ILO Turin 03-02-2009 EWC – MNC & CC

1. ITC – ILO Turin03-02-2009EWC – MNC & CC Peter Kerckhofs Political Secretary EMCEF EWC Paper sector

2. Empowering NMS & CCthrough trade union coordination EWCs What I remember from yesterday? Why EWCs? How to get started? What do you do in a EWC & how? How can EWC help TU NMC & CC? EMCEF & EWCs ? Intercultural learning in EWCs

3. Int. Competition  Int. Solidarity • Limitation spaces for competition and for solidarity = political decision (ex. ILO stds/EWC directive) • Competition & competitiveness is not goal but method to generate prosperity • Benefits of prosperaty are distributed between salaries and profits for shareholders (competition can play us off against each other) • Give the same distribution – an increase of prosperity is positive for all (Lisbon strategy = competetiveness for more and better jobs) • Status quo qua distribution – all together for more economic growth / but what if competition does not generate economic growth?

4. Democratic management MNC • Ruling is only possible in small group – not in democratie with public opinion • The distance between decision making in MNC and impact is long – including risk of mismanagement • Top managment has direct feed back from representatives workplaces – is valuable source • Democracy is easy in small hegemonic group that has enough time and no clear objective • The larger the group and the diversity and different interests, the more difficult -> motivate individuals/group - good comunication in a MNC is important for motivation

5. HOW MANY EWCs • How many EWCs are there ? • How come so many were established? • Why not more ? HOW about EWCs in EMCEF sectors

6. HOW MANY EWCs • How many EWCs are there ? +/- 800 • How come so many were established? Thanks to EWC directive & support trade unions • Why not more ? There could be 2200

7. EWC= historical trade union demand • Multinational companies deployed transnatinal strategies – changes at workplace result from decision taken at HQ in other country- Deficit local works councils • Workforces played off against each other (AKZO) • Hoover relocation (France => Schotland) • Thomson television plant in ULM (D) closed. • Political awareness that restucturing impacts from globalisation were not socialy acceptable without appropriate information and consultation • Trade union support for single market • Jacques Delors – huge step forward eur soc dial

8. Competition & diversity hinder solidarity • Local pacts for employment (accepting cost reductions in return for job security) • Job reductions are announced – plants are entering concession bargaining to save jobs – those who don’t give in loose most jobs • Horizontal & vertical integration • Restructuring involves at each workplace a mix of • Participation (negotiation social plan) • Compensations (redundancy payment) • Reactivation (help to find new job)

9. EWC Directive • Objectives • Definitions • Controling undertaking • Responsibility to set up • SNB • Content agreements • Role annex • Confidential information • Spirit of cooperation • Protection • Compliance & sanctions • Link with other directives • Agreements in force before 22 Sept. 1996 • National transpositions • Revision

10. Companies covered by EWC directive   150(+)  1000(+) 150(+) Average number employees, incl part time, over past 2 years

11. Exercise 1Why do you want an EWC ??? • Think about your role as trade unionst/works council member in your country: • What is needed to improve this; how can the EWC contribute to this • What can the EWC mean for the day to day working life of your colleagues • Write down in a few keywords the positive arguments that come to your mind; each argument on a different card! • 5 minutes……………..

12. Discussion:Why do you want an EWC ??? • What is the added value of an EWC for colleagues employee representatives? How to encourage them, convince them that it is usefull? • How can an EWC be usefull for workers in your workplace? • How can an EWC be usefull for your trade union? • How can an EWC be interesting for yourself?

13. How to get started???

14. Controling Undertaking (central management)     Critères déterminant l’entreprise dominante  

15. Special Negotiation Body Start of negotiations – setting up SNB  Central Management Experts 2/3  100(+)   No ! Writen demand >negotiations

16. How to get the written demands? • Through your own union [with help from Ewc officer] • Role of EMCEF to get in contact unions second country • Collect as much information as possible on EU operations company • If you cannot find a second country to make written demand, send it anyway…….. Don‘t wait _ Inform EMCEF

17. French law: 1 member per country plus: >20% +1 >30% +2 >40% +3 >50% +4 >60% +5 UK law: 1 member per country plus: >25% +1 >50% +2 >75% +3 SNB composition differs according to national law

18. ExerciseSetting up your SNB • Check the appropriate law and the numbers of employees in the European countries: how much delegates from each country into the SNB?

19. Composition of the SNB

20. WHO PAYS? • Any expenses relating to the negotiations shall be borne by the central management so as to enable the special negotiating body to carry out its task in an appropriate manner. • In compliance with this principle, Member States may limit the funding to cover one expert only.

21. Implementation of Subsidiary requirements 3 Years 6 months

22. 10 most common topics EWC agreements • Purpose EWC • Scope (geographical & functional) and definitions I&C • Composition (number seats - duration mandates – eligibility – substitutes – management – chairing) • Meetings EWC, select committee (frequency, where, when, agenda setting, documents, languages, minutes) • Info & consultation practices and procedures • Resources (costs meetings, travel, time off, national preperation meetings, facilities for other working groups, training, translation, experts) • Protection EWC members • Confidential information • Exceptional circomstances • Legal provisions – choosen transposition law, language version agreement – conflict settlement renegotiation procedure

23. Empowering NMS & CCthrough trade union coordination EWCs What I remember from yesterday? Why EWCs? How to get started? What do you do in a EWC & how? How can EWC help TU NMC & CC? EMCEF & EWCs ?

24. In the EWC I represent • All employees in my Company throughout Europe • All employees in my Company from my country • All employees on the same site as me • All trade union members in my Company in Europe • All trade union members in my Company from my country • All trade union members on the same site as me • All members of my union in my country • All members of my union on the same site as me

25. European Employee representation • Different from national representation systems • Not disconnected from national representation • Additional to local/national trade union and works council rights • Try to combine strengths & help others with weaknesses (Solidarity) • Requires learning from different cultures (openess) • Collection of languages, cultures and traditions

26. Structure of undertaking Economic & financial situation and trends Development of business, production and sales Trend of employment € € New working methods Organisational changes Investment plans Collective redundancies Transfer of production Mergers, cut-backs or closures The information & consultation rights in the subsidiary requirements

27. For the purpose of transnational information and consultation Information on (annex directive) • Structure of company • Economic and financial situation & trends • Development of business, production & sales • Trend employment • Investments plans • New working methods • Restructuring, transfer of production, mergers, cut-backs, closures, collective redundancies.

28. What is consultation, and what not? • Exchange of views & dialogue (Art 2-definitions) • Between employee representatives and central management or other more appropriate level of management (real decision makers) • Should allow you to understand strategy of decision makings, what direction the company is taking. • Experience of EWCs & new revised directive => importance of timely information and consultation allowing the opinion of EWC to be taken into consideration in decision making (prevention) • EWCs don’t have mandates to negotiate CB agreements

29. How does an EWC look like? • 15 – 25 members (mostly male / 50) • 1 or 2 meetings / year • Interpreters – powerpoint presentations • Nice hotel – good food & cosy atmosphere – no problems • Select Committee of 3-5 members • Problem of continuity • More information than real consultation

30. Spirit of cooperation (Art 9) • EWC is not an instrument to handle industrial conflicts • No negociation, only information and consultation • Employee only preparation meeting is just as important as meeting with management • Group of enthusiastic union and/or works council representatives • Opportunity to exchange information from local level, compare this, prepare good questions, • Prepare common activities to work on continuity & internal structure of EWC work

31. Influence EWCs • A limited, but increasing amount of EWC’s involved in decision making proces • How? • Basis of trust • Make use of national employee representation structures, practices and legal rights • Use of “best practices” • Interest of employer • EWC’s come up with alternative plan

32. EWCs develop own projects • Increasing amount of EWC’s signs agreements with management (from joint texts to framework agreements) • Research in 2005 amongst 409 EEWC’s: 104 “joint texts”, top 3 • H&S – 63,5% • Equal opportunities 44,2% • Training employees 40,4% • Yara – Health and Safety programme (BBS)

33. Empowering NMS & CCthrough trade union coordination EWCs What I remember from yesterday? Why EWCs? How to get started? What do you do in a EWC & how? How can EWC help TU NMC & CC? EMCEF & EWCs ?

34. How about EWCs and NMS & CC ???

35. European Mine Chemical Energy and workers Federation 2.1 Million trade union members 130 Affiliates from 35 countries www.emcef.org website:

36. CONGRESS Every 4th year EXECUTIVE 2 times a year PRESIDIUM 4 times a year CBCommittee SDCommittee IPCommittee EWCCommittee Secretariat General Secretary, 2 political secretaries 4 staff members

37. Activities EMCEF EWC Committee 2008 progress report on tasks given by 2004 Congress • Provide direct support to 37 EWCs • Develop training programs for EWCs sector (Firenze – Valencia) • Improve link between EWC and trade unions (Seminars to clarify role TU Expert in EWC) (GA motion Istanbul & Congress Prague) • Seek to appoint TU coordinators for each and every EWC (200) => training coordinators • Initiate and monitor setting up of new EWCs & up date list of missing EWCs (250) • Support workers participation in SE, in same way as EWCs • Cooperation with ETUC in campaign for revision of the EWC directive • Cooperation with other EIFs

38. www.emcef.org

39. EMCEF EWC activities 2009

40. Intercultural learning in EWCs Comité d’Enterprise Européen Europäischer Betriebsrat Europese Ondernemingsraad European Works Council ΕΥΡΩΠΑΙΚΟ ΕΡΓΑΣΙΑΚΟ ΣΥΜΒΟΥΛΙΟ Europejskie Rady Zakladowe Európai Üzemi Tanács Evropských rad zaměstnanců Evropské Podnikové Rady Comitato Aziendale Europeo

41. Worker Representation ArbeitnehmerInnen- vertretung Représentation des travailleurs

43. Directive 2002/14/EC in force since April 2005

50. COLLECTIVE BARGAINING