1 With EU contribution “Arrangements and procedures on the sales of financial products: Good practices (to follow) and Poor practices (to avoid) to strengthen social dialogue and industrial relations at European and company level” VS/2010/0737 M.i.F.I.D. Directive 2004/39/CE Start-up questionnaire answers Domenico Iodice – APF Research Department

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 2 1) What are, in general, the current critical issues in the functioning of EWCs in your country? In our country in the banking and insurance sector there are only the EWC´s of multinational companies. Most important problems faced by our EWC members: The language barrier – mentioned in many interviews. Even where an interpreter is available to the meeting, there is a permanent problem of a direct contact with colleagues outsider of the official part of the meetings. Timeliness and quality of information – information is not always available sufficiently in advance, in certain cases representatives learn about chat is going on only after a decision has been taken ( not possible to consult the issue) EWC powers – certain representatives complained that EWC serves as a forum for submission of information and that is little possibility for negotiation and participation in decision-making concerning important issues Issues proposed to be dealt with at EWC meetings – Certain representatives felt that issues that were prepared for discussion were too general and did not directly concern their real needs no information regarding just only one country E.Mikulkova - UniCredit Bank Czech Republic

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 3 1) What are, in general, the current critical issues in the functioning of EWCs in your country? In the banking sector in Slovenia, in the European Works Council are represented only the representatives of major international banks, while domestic, Slovenian banks, operating only in Slovenia, do not have their representatives in EWC. But in the majority of banks in Slovenia, domestic and foreign, have their trade unions within banks. In accordance to the Representativeness of Trade Unions Act. Tomaž Boltin -Sindikat bančništva Slovenije - SBS

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 4 1) What are, in general, the current critical issues in the functioning of EWCs in your country? There are very few companies that have their headquarters in Romania and can actually meet all the necessary requirements in order to establish a EWC. Adrian Soare – Unicredit Group, Romania

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 5 1) What are, in general, the current critical issues in the functioning of EWCs in your country? The most important critical issues is that in EWC information it’s given after the decisions are maked without previous consultation Cristina Damião - FEBASE – Portugal

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 6 2. What tools and penalties apply in your country, if the collective rights enshrined in the rules (of mere information or consultation true) are violated in the EWC? The employees representatives can approach the Labour Inspectorate the tasks of which include supervising observance of the national legislation. Even considering the fact that violation of the provisions of the Labour Code concerning access to transnational information does not appeal among the enumerated administrative offences that are subject to imposition of penalties, the Labour inspectorate has the necessary powers to note the violation of legal provisions and, on the basis of it, impose measures designed to remedy the situation. Another possibility is to take the matter to a court of law claiming denial of the right to transnational information. E.Mikulkova - UniCredit Bank Czech Republic

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 7 2. What tools and penalties apply in your country, if the collective rights enshrined in the rules (of mere information or consultation true) are violated in the EWC? European Works Councils Act (2002, last amanding 2007) foresees relatively high penalties for disregarding the act, from a minimum of € 20,000 for the legal person and a minimum of € 2,000 for a responsible person of a legal person. Inspectorate for work of the Republic of Slovenia is supervising the execution of the mentioned Law. The law was enacted in 2002, and adopted on the day of entry of the Republic of Slovenia entered the EU. Tomaž Boltin -Sindikat bančništva Slovenije - SBS

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 8 2. What tools and penalties apply in your country, if the collective rights enshrined in the rules (of mere information or consultation true) are violated in the EWC? It represents a contravention and can be sanctioned with a fine ranging from 2000 to 4000 ron (aprox. 500 to 1000 euro) one of the following situations: obstructing the constitution/ foundation, organisation and functioning of the special negotiation group or of the EWC. obstructing the process of informing / consulting between an employee and a member of the central management of the EWC. discriminating a member of the special negotiation group or the employees’ representative. giving away confidential information. Adrian Soare – Unicredit Group, Romania

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” 9 2. What tools and penalties apply in your country, if the collective rights enshrined in the rules (of mere information or consultation true) are violated in the EWC? The same mencioned in the directive Cristina Damião - FEBASE – Portugal

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” Is it possible to transform the EWC in areas of actual institutional trading supranational rather than mere information in advance? Hopefully yes. The most of our members seems to be an absolute necessity. I do not have an opinion on this matter, yet. No, in Romania it is not yet possible to do this because is no EWC created. No. E.Mikulkova - UniCredit Bank Czech Republic Tomaž Boltin -Sindikat bančništva Slovenije - SBS Adrian Soare – Unicredit Group, Romania Cristina Damião - FEBASE – Portugal

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” Is it possible to transform the EWC in areas of actual institutional trading supranational rather than mere information in advance? Hopefully yes. The most of our members seems to be an absolute necessity. I do not have an opinion on this matter, yet. No, in Romania it is not yet possible to do this because is no EWC created. No. E.Mikulkova - UniCredit Bank Czech Republic Tomaž Boltin -Sindikat bančništva Slovenije - SBS Adrian Soare – Unicredit Group, Romania Cristina Damião - FEBASE – Portugal

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” If yes, in which way? The best option would be the improvement of the Directive concerning the EWC. At this moment seems that the basis is a good agreement on the EWC, which takes full advantage of the possibilities under the current Directive, possibly a different legislative framework. In negotiations with management to use all the possibilities offered by the valid agreement and the current legislation in force. Transnational bargaining in multinationals - international framework agreements is also the way how to improve the functionality in EWC. (For example regarding working conditions, health protection, labour safety, social dialogue, protection of personal data, non discrimination, training – etc.) E.Mikulkova - UniCredit Bank Czech Republic

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” What “best practices” of industrial relations (national, sector or other sectors) offers your country in terms of collective participation in the strategic choices of enterprise? 5. What “best practices” of industrial relations (national, sector or other sectors) offers your country in terms of collective participation in the strategic choices of enterprise? I'm afraid we can not speak to strategic business decisions of companies. And obviously that is a shame. The only reasonable tool is now the membership of representatives of employees on supervisory boards of companies, although only one-third of members cannot reverse any decision. In case the transfer activity of the employer or the transfer of duties of an employer or part thereof to another employer and the rights and obligations of labor relations are transferred to another employer, the employer is obliged to negotiate with trade unions: Labour Code § § 339 governs the transfer of rights and obligations where the employer is obliged to discuss the following points: (1) Before the transfer of rights and obligations arising from employment relations to other employers are taking over former employer and the employer obliged to inform the trade union or council employees on this subject and discuss with them in order to comply: a) the date or proposed date of transfer, b) the reasons for transfer c) the legal, economic and social consequences for staff transfer, d) measures prepared in relation to start In this case it is possible to negotiate better conditions for employees leaving the company (severance pay, special training...) E.Mikulkova - UniCredit Bank Czech Republic

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” What “best practices” of industrial relations (national, sector or other sectors) offers your country in terms of collective participation in the strategic choices of enterprise? 5. What “best practices” of industrial relations (national, sector or other sectors) offers your country in terms of collective participation in the strategic choices of enterprise? Worker Participation in Management Act (1993, last amanding 2008) is a an example of good practice in addition to informing employees, also details the participation of employees in corporate governance through Works Councils. A Works Council in Slovenia represents all the employees in a company, as opposed to the union (syndicate) who represents only the union members. So the Works Council (depends on the size of the company) delegates its representative to the Supervisory board and as a member of the Management Board – Workers Director. Through these two functions, Works Council co-manages the company. Tomaž Boltin -Sindikat bančništva Slovenije - SBS

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” What strengths and / or such convergences (political, trade union and cultural) meets and / or may experience in your country, the establishment of stable room for conciliation and arbitration of collective type “private”? 6. What strengths and / or such convergences (political, trade union and cultural) meets and / or may experience in your country, the establishment of stable room for conciliation and arbitration of collective type “private”? The protection of the rights will undoubtedly be guaranteed because the protection of rights is an essential element of democracy and the rule of law, enshrined in the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms. 1) In violation of labor laws by the employer anyone (TUO or employees) can contact the Regional Labour Inspectorate ( 2) According to § 11 paragraph 2 of Law No. 2 / 1991 Coll. Collective bargaining, either party may request the Ministry of Labour collective agreements to determine mediator in a dispute over a collective bargaining agreement and the dispute over the fulfillment of the collective agreement when the parties to select mediator agree. Arbitration and conciliation proceedings are impartial and independent mechanisms by which disputes can be resolved in the shortest time, with the lowest financial cost, and so that solution was found as the most acceptable, as fair as possible. Arbitration is the fact that the dispute shall be assessed and decided by a third party, to which the parties to the dispute agree. The arbitration award is the final decision (can not be appealed), which in case of non-use obligations imposed by the enforcement of decisions as an enforceable title. Conciliation is the fact that a third party helps the parties to make themselves dobrali common solution. The resulting agreement would be binding by a third party writes it into an arbitration award, which is in the case of non-use obligations imposed in the implementation as an enforceable title. E.Mikulkova - UniCredit Bank Czech Republic

With EU contribution “Arrangements and procedures on the sales of financial products” (VS/2010/0737)” “Arrangements and procedures on the sales of financial products” (VS/2010/0737 )” What strengths and / or such convergences (political, trade union and cultural) meets and / or may experience in your country, the establishment of stable room for conciliation and arbitration of collective type “private”? 6. What strengths and / or such convergences (political, trade union and cultural) meets and / or may experience in your country, the establishment of stable room for conciliation and arbitration of collective type “private”? The establishment of so-called stable room for conciliation and arbitration of collective type “private”, would make sense, since experience shows that arbitration and mediation is very quick and efficient resolution of conflicts versus the court. In Slovenia the mediation is mainly used as a mandatory attempt settlement before the case comes to the court. Arbitration, as such, in Slovenia has not been used frequently, except in trade, insurance and similar narrow fields. Tomaž Boltin -Sindikat bančništva Slovenije - SBS