gemania, italia, europa: le risposte alla crisi le strategie delle istituzioni, della politica e dei...
TRANSCRIPT
Gemania, Italia, Europa: le risposte alla crisiLe strategie delle istituzioni, della politica e dei sindacati a
confronto
Europeizzazione o rinazionalizzazione delle relazioni industriali? Il ruolo degli accordi transnazionali
Volker Telljohann IRES Emilia-Romagna
Bologna, 21/22 ottobre 2010
Structure of presentation
Definition of TFA Spread and geographical
distribution Drivers Content of agreements Role of EWCs and EIFs TFAs during the crisis Conclusions
General context
The recent activity of negotiation at the EU company-level (Transnational Framework Agreements or TFAs) is seen to:
Constitute a new instrument of industrial relations; Contribute to the internationalization of industrial
relations; Provide a framework for enhancing and protecting
the workers’ interests in situation of crisis Transnational approach and timeliness decisive
aspects to guarantee effectiveness No legal framework
Transnational Framework Agreements (TFAs) – a European-centred phenomenon
International Framework Agreements (IFAs)- to be signed by GUFs- global scope- core labour standards (ILO declaration 1998)
About 90% of IFAs have been signed with companies with headquarters in continental Europe (coordinated market economies) (total by mid 2008: 66)
TFAs also developed at the European level especially since 2000. May be signed by EWCs, European industry federations, national unions. We call them European framework agreements (EFAs) (total by mid 2008: 75 according to EC database).
Joint texts as well as substantial framework agreements
Geographical distribution of TFAs
0 5 10 15 20 25
Austria
UK
USA
Canada
Australia
New Zealand
Russia
Czech Republic
Portugal
Greece
Belgium
Denmark
South Africa
Luxembourg
Italy
Norway
Spain
Sweden
Netherlands
France
Germany
EFA
IFA
Prerequisites
Two conditions not necessarily mutually exclusive
‘Employee-based action’: cross-border coordination activity amongst the different union representatives supported and facilitated by a solid articulation between the European and the national union level
‘Management-based hierarchy’: central management dissemination of company’s employment policy and practices
Motives - Management side
Internationalisation/Europeanisation of HR policies
Part of CSR strategy Establishment of a continuous
dialogue at transnational level Management models (e.g. France) Response to European-level action
Motives – EWC/trade union side
Response to globalisation Socially responsible restructuring Development of IR at transnational
level To establish European-wide
company-level networks EWCs: development of a genuine
role and European identity
Content of EFAs
0 5 10 15 20 25
CSR
Training
Equal opportunities
Sub-contracting
Financial participation
Fundamental rights
Other
Data protection
HRM + Social Management
H&S
Social dialogue
Restructuring
Signatories
54 out of 75 of EFAs signed by EWCs 42 EFAs were signed by EWCs alone 11 were co-signed in cooperation with European
industry federations, among which 3 were also co-signed by national unions. EWCs are often involved either in the negotiation and/or the monitoring process. Five agreements have been signed by European industry federations only (Total in 2004, 2005 and 2007, Areva 2006 and Schneider 2007).
This recent development reflects an evolution of the strategy of these organisations towards EFAs. The EMF, for example, followed by the ETUC as well as several other EIFs, demands that the signature of EFAs be reserved to union organisations.
TFAs and the role of EWCs
Prominent role taken by EWCs has been raised as a concern
- No negotiating mandates - Representation limited to EU-countries - Representativity of EWC members - Composition can include non-union members One tier vs. two tier system of interest
representation (negotiating role) EMF – EFAs have to be signed by EIF
EMF coordination strategy
EMF policy approach towards socially responsible company restructuring (2005)
Internal EMF procedures for negotiations at multinational company level (2006)
EWCs – important role of support
Transnational company-level bargaining: TUs strategies in the metal sector at EU-level I
EMF (2007) “Internal EMF Procedure for Negotiations at Multinational Company Level”
Procedures for transnational company-level bargaining in EU:
Preliminary information and consultation procedure should involve the national trade unions, the EMF and the EWC;
Mandate to negotiate at the European level should be decided on a case-by-case basis and given unanimously by the national trade unions;
Information about the negotiation process and the signed agreement should be given by the EMF Secretariat to the Executive Committee and the relevant Policy Committees;
Approval of the agreement should be given by the national trade unions;
Signature on the agreement should be given by EMF but implementation of the signed agreement should be specified by the national trade unions or their representatives in cooperation with the EWC. (Implementation through national collective agreements.)
The EMF ten principles on transnational restructuring
Early warning system Information and consultation rights European TU coordination group Transparency of information Platform of common demands Negotiation of an EFA Communication strategy Cross-border activities Legal possibilities Binding commitment
TFAs and joint texts
GME (2000-2010) ArcelorMittal (2002-2009) Areva (2006) Schneider Electric (2007) Alstom/Schneider (2010) Thales (2009, 2010) Total (2004-2007) Daimler (2006,2007) EADS (2006,2008) ABB (2009) Ford (2000-2008) Crown (2009) Volkswagen (AQI) (2009)
Volkswagen – “Charta on employment relations” (2009)
signatories: Management, EWC, WWC, IMF Regards all enterprises and production
sites belonging to the group Information, consultation and
codetermination rights Training for workers’ representatives External experts Implementation through company-level
participation agreements
Volkswagen – “Charta on employment relations” (II)
Consultazione (diritto di iniziativa) Pianificazione del personale Controlling dei processi Processi di ristrutturazione
(delocalizzazione, esternalizzazione) Tutela ambientale a livello aziendale Efficienza energetica e delle risorse Strategie di RSI rivolte verso l’esterno (cdl
fornitori; progetti locali di pubblica utilità)
Volkswagen – “Charta on employment relations” (III)
Codetermination (consensus, control, initiatives)
Personnel development, recruitment Work organisation, production methods Working time Remuneration systems Data protection Training and further education Health and safety
ArcelorMittal
ArcelorMittal-EMF agreement (2009): to protect employment during the on-going crisis;
No permanent plant closures; No compulsory dismissals; Establish dialogue mechanisms for
better anticipating future changes; Improve employability of workers
through training
Alstom/Schneider
Acquisition of AREVA T&D by Schneider Electric and Alstom
Job guarantee; same job classification No AREVA T&D plant closures till al 24/03/2013 No collective dismissels till 24/03/2013 Training measures aimed at integration Adaptation of EWCs by the end of 2010 AREVA T&D EFA on equal opportunities to be
discussed in respective EWCs
Unicredit
Joint declarations Negotiation of an IFA Support in countries with weak
trade union structures
Active role of EWCs during the crisis/in the context of restructuring processes
Foreign groups Crown Areva GfK Allianz
Need for closer involvement of Italian EWC members in company-level trade union policies
Conclusions (I)
Agreements maybe the result of convergent interests or pressure from employee side
Remain so far a tool of limited dissemination (depending on management’s willingness and/TU strength due to a lack of institutional framework);
Imply the need for coordination between the various actors at different levels of IR
Conclusions (II)
TFAs constitute a new instrument of industrial relations
and contribute to the Europeanisation of industrial relations;
provide a framework for enhancing and protecting the workers’ interests in situation of crisis
number of socially responsible practices in the area of enterprise restructuring in times of crisis (innovative agreements based on solidarity at transnational level)
TFAs in addressing restructuring related issues (including mobility and anticipation of change) proved to be key during the current global crisis
significant impact in terms of protecting employment in times of crisis and industrial change