etui activities for wp oegb visitors jagodzinski

ETUI activities concerning

Worker Participation

ÖGB Visitors Group

Romuald Jagodzinski

Researcher

[email protected]

European Trade Union Institute

Studienreise

1. April, 2011

31/03/2011 ETUI © R. Jagodzinski 2010 2

Agenda

1. ETUI

1. Worker Participation

2. European Works Councils and the EWC database

1. Structure of the database

2. www.ewcdb.eu

1. Revamping the database - NEW features

1. Content analysis of EWC agreement

2. News on EWCs

3. EWC related case law

4. Statistics

3. www.worker-participation.eu

3. Transposition of the directive 2009/38/EC

http://www.worker-participation.eu/



ETUI - overview



and Health and Safety Education

for

Research

Project or resource management

(use of external knowledge & networks)


Research units

Coordinator &

senior

researchers

Research

officers

(core staff)

Cooperation

agreements

Institutes

Universities

Research networks

180 experts from trade unions, universities & institutes

Research

contracts with

individual

researchers

Trainees/Students

Research visitors

Research


and Health and Safety Education

for

● Programme area 1: The world of labour and the modernisation of

xxxxxxxxxxxxxxxxxtrade unions

Programme area 2: Europeanisation of workers representation

Programme area 3: European employment and social policies

ETUI - overview

Programme area 2: Europeanisation of workers representation

● Collective bargaining in Europe 2006

● Minimum wage conference

● EWC database

● GOODCORP – What makes good corporate governance in Europe?

● ViVe II – Vice-Versa effects on European industrial relations from the functioning of EWCs in the new member states

● SEEUROPE – The influence of the EU Directive on worker involvement in European Companies on worker participation and company management practices

● TIM – Transfer of innovative managment environments

● MANIC – Provisions and practices of Managing Industrial Change with workers' involvement

● COBAN – European collective bargaining information system for the chemical industry

ETUI - overview

Other outcome

● Publications:

● Transfer (European review of labour and research)

● SEER (South East Europe review for labour and social affairs)

● Books

● Reports and working documents

● Briefs

● Databases

● Seminars, conferences

● Websites:

● www.seeurope-network.org

● www.ewcdb.org

● www.labourline.org

ETUI - overview

http://www.seeurope-network.org/



http://www.ewcdb.org/

http://www.labourline.org/

Worker Participation – a priority for ETUI

Worker Participation 2030

Scenario-method on the future of worker

participation

The Sustainable

European Company

Training for EWCs

GoodCorp

EU Corporate Governance and worker

participation

Corporate Governance and the

Voice of Labour

Survey on employee representatives in

boardrooms in EU

European Worker Participation Competence Centre and

Fund

EWPCC activities 2009

4/6 February 2009

Further training and other

supportive measures for workers’

representatives in SE boardrooms

21/22 September 2009

Corporate strategy and

monitoring in the European

Company (SE) at a time of crisis.

Second exchange of experience

between workers’ representatives

in SE boardrooms

15/17 December 2009

Importance and role of workers’

boardroom representatives for

sustainable companies as a

solution to climate change

6 May 2009

Active participation to the EMF-

Trade Union Coordination meeting

about possible

conversion of EADS into an SE

Further activities of ETUI with SE representatives in 2009/10

● March BASF SE works council

● April Fresenius SE works council

● April/Oct GfK SE works council

● Sept Equens SE works council

● Feb 2010 Allianz SE works council

● Presentations to EIFs (EMF, EMCEF) on several

occasions

Employee involvement in Europe – Pieces of a still unfinished jigsaw


Agenda

1. ETUI



2. www.ewcdb.eu



2. News on EWCs


4. Statistics







EWC database - development ● 1995 – birth of the database

● collaboration with some twenty-one research institutes + EIFs

● initially a database of multinational companies that fall within the scope of the EWC Directive

● In 1999 creation of database containing EN texts of EWC agreements

● In 2004 the collection of agreements and the data on multinationals were integrated into a single database

● supplemented with a selection of data analysing the contents of the agreement

● The latest published update on CD Rom: 2006.

● In 2006 a selection of the data put online (www.ewcdb.org)

● 2007 the complete database made accessible online via www.ewcdb.eu

● 2008 addition of SE fact sheets (SE database module)

● 2009 – 2010 Inclusion of content analysis (SDA + ETUI), to be completed 2011

http://www.ewcdb.org/


EWC database: general structure

ETUI database of EWCs

Database of

multinational

companies

SEs

database

EWCs Social Dialogue bodies Contacts Substantive agts

EU legal provisions Jurisprudence

(national, ECJ) Workers’ and

employers’ organisations ongoing

ongoing

EWC

database


Basic structure of the ETUI database

Multinational company

(GroupCoID)

Body level (EWC)

(BodyID)

Document level (EWC agreement)

(AgreementID)

GM Chemtura

GMEECO

Renegotiated

Agreement 2005

Renewal

Agreement 1999

Renewal

Agreement 2002

GMAC

Installation

Agreement 1996

Multinational

company

EWC marketing division

EWC production division

1996: EWC

installation

agreement,

now obsolete

2000: EWC

renegotiated

agreement

(still valid)

letter regarding

the revision of

the EWC

Directive

substantive

agreement

EWC logistics division

2001: amendment

to EWC

agreement

(still valid)

Rules of

procedure

World Works

Council

Example of a structure of a complete record in the ETUI database

Content

Analysis


Agenda

1. The EWC database of ETUI

1. Development and structure of the database

2. www.ewcdb.eu



2. News on EWCs


4. Statistics

3. Related ressources


www.ewcdb.eu


NEW features in the database 2010

● Agreement content analysis (currently nearly 500 agreements)

● Cooperation with SDA

● Pre-defined queries

● Database of court cases

● Documents (court rulings, articles, etc)

● Link to EWCs

● Link to news

● Comparative table

● News items linked to each EWCs + on general issues

● Full text search (e.g. restructuring, crisis, recast)

● Pre-defined search queries

● PlanetLabor.com, + EIFs

● More statistics

● Multilingual EN, DE, FR, IT, NL, PL (ES to be added soon)

● Downloadable at http://www.ewcdb.eu/statistics_graphs.php


Content analysis – initial findings, trends

● Origins: 2 overlapping databases (ETUI, SDA) with incoherent data

● Cooperation ETUI-SDA started 2008

● Analytical framework discussed with ETUC and EIFs

● Analysis started end 2009

● Priority: consistency

● 2 analysts only (ETUI, SDA)

● Mutual checking of random agreements

● Common manual for uniform interpretation

● Regular debriefing meetings to tackle questions


Content analysis of EWC agreements

● In total 90 questions per agreement with multiple answers

● Content analysis divided into sections

● Constitutional / legal issues

● Renewal/renegotiation

● Composition/geographical scope

● Seats/mandate

● Confidentiality

● Information and Consultation

● Plenary meetings

● Select committee + extraordinary committee

● Support available to the EWC

● Visible in 2 dimensions

● Micro level - under agreement record

● Macro level – queries & comparisons in Statistics section


Content analysis of EWC agreements


Selected content analysis criteria

● Agreement type

● Employee-side signatories

● National transposition law applicable

● Re-negotiation

● Composition of EWC

● geographical distribution of EWC members

● Geographical scope

● Allocation of seats

● Size threshold for a seat

● Upper limit on the number of

● Method of selection of employee representatives

● Mandate of employee representatives

● Confidentiality provisions

● Protection for employee representatives

• Information and consultation

•Definitions (new recast directive)

•Role

•Competence

•Specifically excluded agenda items

•Plenary meetings

•Frequency of plenary meeting

• agenda setting, chairing, minutes

• information dissemination

•Languages and working documents

•Select Committee

•Composition, competencies

•Extraordinary meetings

•Facilities for EWC

•Budget, experts, tools


Content analysis - Exceptional provisions

• budget

• expert

• conflict resolution

• training

• time-off for EWC duties

• confidentiality

• priority of information

• renegotiation of EWC agreement

• transition in case of merger

• informing employees

• Guests / external parties

• other forms of trade union commitment to EWC

• anti-domination clause

• information & consultation – definitions

• extraordinary circumstances

• legal personality

• translation / interpreters

• Link with other EWCs

• Additional EWC meeting

• prospect for establishing and changeover to an SE

•rotation system of ewc reps:

•Access to company premises

•subcommittees / working groups (within an EWC)

•special communication systems for EWC + EWC

websites

•gender balance

•EWC on subsidiary requirements

•EWCs inviting employee representatives from

outside of EU/EEA

•EWCs in public

•transnationality

•EWCs appointing members of supervisory /

directors’ boards

•facilities for EWCs

•EWCs and CSR

•Information & consultation procedure instead of an

EWC

•support for application for EU projects by an

EWC

•recount of employees


Agenda



2. www.ewcdb.eu




3. News on EWCs

4. Statistics

3. Related resources


EWC related case law

● (probably) the most complete database of EWC case law

● Network: national experts, members of the NETLEX network and ETUI Transnational Trade Union Rights Group

● Over 50 court cases on EU and national level ● Lawsuits directly linked to EWCs

● Subsidiary cases indirectly linked to EWCs / Info & consultation

● Documentation covers 106 documents: ● Overview tables of court cases

○ Judgment texts

○ Summaries

○ News / reports on cases

○ background documents of general nature link and literature

● Searchable ● By company / EWC

● By thesaurus / keywords

● Appears in agreement + company records

● Forthcoming: ● Overview tables of provisions in national transposition acts regarding EWCs' access to

justice;

● Report ‘Access to courts for EWCs’

● Overview / map of court cases and issues tackled

http://www.ewcdb.eu/search_results_any_documents.php?jurisprudence=true


Jurisprudence section: www.ewcdb.eu/jurisprudence.php


Agenda



2. www.ewcdb.eu




3. News on EWCs

4. Statistics



News on EWCs

● Over 1000 news items

● Categories:

● Recast of the EWC directive

● Transposition of the EWC directive (recast)

● Events (news relating to EWC practice, establishement, press conferences, action days, etc.)

● New agreements

● Other documents related to EWCs (e.g. transnational agreements; social charters, etc.)

● Publications on EWCs

● Search

● company name

● EWC body name

● title or text

● Linked to topic – keywords / thesaurus

● News date


Agenda



2. www.ewcdb.eu




3. News on EWCs

4. Statistics



Statistics on EWCs

● General statistics

● EWC Bodies ever created: 1186

● EWC Bodies still active: 975

● Multinationals having an EWC: 914

● Multinationals with EWC negotiations ongoing: 50

● Multinationals that used to have an EWC, now merged or

dissolved: 176

● Figures on EWC bodies:

● bodies created per year, by reason of creation

● bodies dissolved grouped by year of creation and by reason of

dissolution

● bodies dissolved, by year and reason of dissolution


Development of EWCs over the years

33 19

72

397

5168

82 8551

35 41 34 31 35 30 4017 6 17

99

52

124

520

570

626

683

747772

789819

838855

879 891

926 938961

0

-30

20

70

120

170

220

270

320

370

420

470

520

570

620

670

720

770

820

870

920

970

befo

re 1

994

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

No

data

new EWCs EWCs dissolved Total EWCs active

* - for additional 9 EWCs the date of creation is not known


Development of EWCs over the years

Reasons of establishment

2 4 25 5 6

9

19

72

62

77 77

40

26

33

2723

2523

36

16

6

394

0

20

40

60

80

100

120

140

1985

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

company converted into SE

creation from spin-off

installation from merger

installation from scratch

not confirmed


EWC Statistics ● Statistics available on EWC agreements

● Agreements (content analysis)

● Downloadable graphs ● Development over years (set-up, dissolution, change, active)

● Active EWCs and NMS

● EWCs by sector

● EWCs by country of HQ

● EWCs by category of employment in EEA

● EWCs by internationalisation grade

● EWCs by type


EWC bodies currently active, by sector of activity


EWC bodies currently active, by country of headquarters


EWC bodies currently active, by category of employment in

EEA


EWC bodies currently active, by category of

internationalisation (number of EEA countries in which the companies have

operations)


EWC bodies currently active, by type


Initial EWC agreements and renegotiated ones by year of

signature

0%

20%

40%

60%

80%

100%

19

85

19

89

19

91

19

92

19

93

19

94

19

95

19

96

19

97

19

98

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

Initial EWC agreements Renegotiated agreements

* - only initial installation agreements sensu stricto considered (internal rules of procedure, letters, etc. establishing EWCs

excluded)


Agreements establishing EWCs: still in force and no longer

valid

* - Some EWCs are based on more than one agreement; thus, some EWC agreements are counted double and if summed up on this

slide, their number exceeds the factual number of currently active EWCs (893)

Agreements still

in force

967

69%

Agreements no

longer valid

442

31%

Jagodzinski R. and Pas I. @

2010.Data source: European Trade

Union Institute, EWC database, April

2010 Figure 51

National legislation applicable to EWCs (active and no longer active) established

in companies headquartered in EEA countries and to EWCs in enterprises from

outside of EEA

1 1 1 1 2 7 6

15 22 22

33

6

32

44

64

43

81

98

153

1 1 1 1 2 9

14 18 23 26

36 38 40

68 74

101

125 134

212 212

0

50

100

150

200

250

CZ GR HU PT CY ES LU NO AT DK FI IE IT NL SE BE UK FR DElaw applicable unknown

Nu

mb

er

of

EW

Cs

Country of legislation

Law applicable to EWCs established in companies headquartered in a given country

National legislation applicable to all EWCs: established in companies headquartered in a given country and headquartered outside of EEA


Active EWC bodies and involvement of employees from

new EU member countries and EU applicant countries

Total EWC bodies currently active 938

EWCs including one or more representatives from

a new EU member state (2004) 210


a new EU member state (2007: BG, RO) 41


EU applicant countries (HR, MK, TR) 24


Number of companies affected by the EWC Directive

operating in each of the « new » EU member states

84 8756 65

155 162181 185

340

636662

819

29 33

101 108

199

333 334

425

0

200

400

600

800

MT CY LV LT EE SI SK CZ HU PL

MNCs affected by the EWC Directive

MNCs that have set up an EWC

Source: EWC Facts&Figures 2006,

P.Kerckhofs & I.Pas, ETUI-REHS 2006


Age (length of existence) of currently active EWCs in years

0

100

200

300

400

500

Years in operation

Nu

mb

er

of

acti

ve E

WC

s

Perc

en

tag

e o

f all c

urr

en

tly

acti

ve E

WC

s

Number of active EWCs (right-hand scale) Percentage of all EWCs currently active (left-hand scale)

Number of act ive EWCs (right-hand scale) 13626246017315

Percentage of all EWCs current ly act ive

(left-hand scale)

15,229,351,51,90,31,7

less than 5between 5 and

10

between 10

and 15

between 15 and

20

between 20

and 25unknown


Age (existence) of currently active EWCs by sector of

activity

0

50

100

150

200

250

300

350

metal chemicals public

services

services building &

woodwork

food, hotel,

tourism

transport textiles

Nu

mb

er

or

EW

Cs

cu

rre

ntl

y a

cti

ve

less than 5 between 5 and 10 between 10 and 15 between 15 and 20

between 20 and 25 unknown

* - Some multinational companies with EWCs installed are active in more than one sector; thus, some EWCs are counted double and

if summed up on this slide, their number exceeds the factual number of currently active EWCs (893)


Active EWC bodies and involvement of employees from

new EU member countries and EU applicant countries

Total EWC bodies currently active 969

EWCs including one or more representatives from a new

EU member state (2004) 208

EWCs including one or more representatives from a new

EU member state (2007: BG, RO) 41

EWCs including one or more representatives from EU

applicant countries (HR,IS, MK,TR) 24


Usability of EWC database

● ETUI: The most complete source of information on EWCs

● Quantitative terms

● Qualitative terms (coupled with www.worker-participation.eu)

● Usability statistics:

● Downloads

○ 6318 in 2009 (peak December 2009, 10 times the usual)

○ 3200 until October 2010

● Subscribers

● Website hits


Agenda



2. www.ewcdb.eu




3. News on EWCs

4. Statistics



www.worker-participation.eu

Available in FR, EN, DE

More general and miscellaneous information on EWCs


www.worker-participation.eu: Recast EWC directive

Recast 2009/38/EC

•FAQ on recast (EN and DE)

•History of recast with

database of documents

•Overview on new articles in

the directive 2009/38/EC

•Table: ETUC demands and

Commission proposal


Comparing selection procedures for EWCs


www.worker-participation.eu and EWC training


www.ewcdb.eu



Available in FR, EN, DE

More general and miscellaneous information on EWCs



Recast 2009/38/EC

•FAQ on recast (EN and DE)

•History of recast with

database of documents

•Overview on new articles in

the directive 2009/38/EC

•Table: ETUC demands and

Commission proposal

EU wide comparative table on nomination procedures

for EWC


www.worker-participation.eu and EWC training


Useful links:

● www.worker-participation.eu

● www.ewcdb.eu (changes upcoming!)

● www.etuc.org

Our Activities Social dialogue and industrial relations

European Works Councils

● www.ec.europa.eu

EU policies

Employment, social affaires and equal opportunities

Labour law

www.etui.org – GENERAL ETUI WEBSITE (will be changed soon!)




http://www.ewcdb.eu/

http://www.etuc.org/

http://www.ec.europa.eu/

http://www.etui.org/


Agenda

1. ETUI



2. www.ewcdb.eu



2. News on EWCs


4. Statistics






R.Jagodzinski © etui (2011) EWC Coordinators' meeting EPSU 69

Legal nature of directive

● Directive

● Sets goals for Member States (MS) without prescribing concrete measures guaranteeing its attainment

● Measures leading to accomplishment of the given goals remain in competence of national authorities

● Directive ≠ regulation

● Addressee are MS no direct application of the directive (however ECJ Francovich v. Italy)

● Requires implementation onto the national level – various forms are possible (social partners agreement, act, provisions directly in labour code)

○ Absolutely crucial meaning for rights and obligations stemming from the directive

● Must be in line with the directive (goals)

● Is the basis for EWC agreements

http://en.wikipedia.org/wiki/Francovich_principle


Transposition

● Directive 2009/38/EC – deadline for transposition 05/06/2011

● Various forms of transposition possible

● Legislative acts

● Social partners’ agreements

○ Bipartite

○ Tripartite negotiations

● Modifications directly to the labour code


Current state of transposition works

Country Status Remarks

Portugal Already transposed. Minimum transposition. Unions: need for improvement

Government ready to amend.

United

Kingdom

Draft legislation submitted to Parliament on 06/04/2010.

No info on final outcome (adopted?)

Problematic and minimum transposition.

Bill pending final voting in parliament now.

Austria Tripartite Commission

Unions involved, good cooperation, well on the way

Group meets every 2 months.

Agreement between social partners reached October 2010.

14 December 2010: Austrian Parliament adopted an act being the

outcome of social partners’ negotiations.

Belgium Tripartite Commission, unions involved; problems with means for EWCs;

employers very restrictive – only the minima of the Directive.

Outcome: collective agreement

Completed: Social Partners in the National Council of Labour finalized a

collective agreement implementing the directive in December 2010.

Denmark Process started on Jan 2010, meeting in March 2010 and on the way.

Ministry took contact with ETUI concerning fines and access to courts.

The meeting before summer break was cancelled. Next in September. Bill

is expected at Parliament in the spring session 2011.

law was presented in parliament on 26. January 2011.

Norway Process started on Jan 2010 and on the way.

Bill to be negotiated between social partners and then introduced by the

government.

Agreement allegedly reached. Government is working on the bill (?)

Sweden Employer federations refused in Sweden to work on a common draft with

trade unions.

Government presented a simplified draft (October 2010).

Unions fear the transposition will be minimal/insufficient.

Bill issued 22/10/2010; no official consultation foreseen.

Germany Government launched works involving unions (DGB). Legislation expected beginning 2011.

Biggest problems: Art. 13 agreements and sanctions

France Transposition was supposed to be started in December 2010 (informative

round with social partners).

Government’s announcement implying that deadline will not be

respected.

Poland Roadmap / impact assessment Some crucial points missing. Minimum transposition feared.

Italy Negotiations between social partners due to start in February 2011 (?) First round of negotiations between trade unions and employers

completed; biggest problem ‘transnationality’.

Cyprus Process commenced and ongoing (early phase)

Bulgaria Tripartite discussions launched on 24/10/2010; now an agreed bill is being

negotiated in the Standing Committee of the Parliament

Romania

Agreements signed in the transitory period

EWCs with agreements signed/renegotiated since 05/06/2009

EIFsectorparent EWC_Bodies

Not assigned yet

44

Building & Woodwork 5

Chemicals 7

Food, Agriculture, Tourism

2

Metal 8

Public Services 6

Services 10

Transport 1
