European Commission European social dialogue and Labour Law Transnational company agreements Evelyne Pichot European Commission Roma, September 2009

European Commission Labour Law Context: two aspects in cross border social dialogue in companies European Works Councils (EWCs): Change in the legal framework new Directive 2009/38/EC Transnational company agreements: Support to the development

Commission’s papers on Transnational company agreements Commission staff working document: « the role of transnational company agreements in the context of increasing international integration » SEC (2008)2155 report of DG Employment: « Mapping of transnational texts concluded at corporate level » Issued on 2 July

European Commission Labour Law Follow-up of the 2008 documents Conference of the French Presidency and restructuring forum, notably with academics and companies Issue for the meeting between Directors Generals of industrial relations from the Member States Priority in the budget line (information consultation) for 2009 Contact with promoters and sectorial actors Launch of a study on international private law Launch of a call for tenders to develop a database

European Commission Labour Law First meeting of the expert group on transnational agreements, 14 may participants + Commission Opening DG N. van der Pas Three issues discussed 1. Operation of the expert group 2. Transnational company agreements in times of economic and social change 3. Actors involved

European Commission Labour Law 1. Commission’s expert group on transnational company agreements Mission: monitor developments and exchange information Permanent members: EU Member States (1/MS), Social partners (9+9) Permanent observers: EEA Member States (3), Institutions (4) Ad-hoc experts invited: academics and company actors depending on issue Chair : COM Director social dialogue – labour law Duration: 2 years starting May 2009

2. Issues related to the crisis How to develop positive results that may be attained through transnational company agreements In particular  Avoiding negative social impacts of restructuring  Creating grounds for future developments In the present context? Examples discussed: Ford Europe and Rhodia

Transnational agreements and the crisis Aim of transnational texts addressing anticipation and management of change :  Addressing concrete restructuring events  Organising a socially responsible management of potential restructuring  Anticipating change, employment and skills  Addressing restructuring in the context of global agreements

European Commission European Social Dialogue and Labour Law Restructuring, anticipation, training, mobility: A major issue for European agreements

Measures included in transnational agreements  Avoiding redundancies  Accompanying measures  Planning and forward looking management of employment and skills  Procedures and dialogue

Drivers for engaging in transnational negotiation  Company context  HR policy  Active European Works Council  Trade union objectives  Approach to anticipation of change  Transnational restructuring

Results of transnational agreements  Mutual understanding, confidence in social dialogue  Acceptance of change, understanding challenges  Corporate common identitity and European dimension  New and effective approach to restructuring  Concrete social results

3. Issues related to the actors How to ensure  Legitimacy  Capacity Of the actors in  Negotiating  Signing  Implementing Transnational company agreements To develop their positive results ? Views and experience discussed: Bart Samyn, Jorgen Ronnest, Areva HR and EWC

Signatories on employee side European Works Councils Almost all European and mixed texts 1/3 of global texts European and international federations ½ of European and mixed texts Almost all global texts National workers organisations 1/3 of texts More in global than in European ones

Actors on management side Corporate management CEO - HR National management Local management Management of subcontractors ?

Open questions for further discussion Form and transparency Actors Effects Dispute resolution Link between levels Commitments

European Commission European Social Dialogue and Labour Law Links to the European Commission… Labour law