with eu contribution

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With EU contribution

““"Codes of Conduct and International Framework Agreements: from CSR "Codes of Conduct and International Framework Agreements: from CSR to Collective Agreements, a step forward to anticipate and manage to Collective Agreements, a step forward to anticipate and manage changes. A training path for trade unionists in the finance sector“ changes. A training path for trade unionists in the finance sector“ (Budget Heading 04.03.03.02 - VP/2012/002/0092) (Budget Heading 04.03.03.02 - VP/2012/002/0092) ”” VS/2012/0276VS/2012/0276

From CSR to Transnational From CSR to Transnational Collective Bargaining: Collective Bargaining:

a European pathway for participatory management of changea European pathway for participatory management of change

Domenico Iodice – APF Research DepartmentDomenico Iodice – APF Research Department



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The globalized contextThe globalized contextThe rule of law is no longer an instrument of government own heteronomous of public power, but an instrument of mediation of individual interests of economic actors.That is why the action of transnational collective bargaining becomes central and defining moment. It is "an organization of opposing interests supported by the conflict, in order to achieve mutual understanding more participatory" (Nadalet).

Collective bargaining is going to finish.

The reasons for a negotiating choice

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The globalization of markets: answersThe globalization of markets: answers


The negotiating practices known as Transnational Framework Agreements (TFAs) have, in the current business environment, a crucial role.It’s in fact in trouble collective bargaining "classic", because the international competition allows multinational corporations to take advantage of regulatory differences between countries (this is called social dumping and legal).Here is the historical reason, therefore, for new negotiating practices "to extraordinary results, because it is the extraordinary scene in which the actors move" (Sciarra).




To be able to interpret and meet national expectations and transnational, ie local or global business environment, the collective sources of labor law contaminate constantly.

In order to address the need to harmonize and standardize the rights, have to pay a price: the extraordinary nature of negotiated solutions.

But the advantage of cross-border collective bargaining is the reduction of uncertainty and anticipation of change management

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De-territorialization of legal relationsDe-territorialization of legal relations




The European answer to the crisis is the attempt to shared management based on the so-called "Social partnership".It alludes to the involvement, mobilization and confrontation between a vast network of stakeholders (trade unions and employers, local authorities, NGOs, etc..) For the realization of common goals.It is negotiating initiatives that aim to create a climate of trust and dialogue and to develop policies based business partnership: that is the shared responsibility of the choices.This approach presupposes a situation of relative homogeneity among the geographical areas involved: the case of European multinationals

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The context of the EU crisisThe context of the EU crisis




The order comes from the phenomenon of inter-union relations between the collective parties, while the legal state is given by the laws of the individual state. And there is a common private international law.

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The problems emerged: a legal framework schizophrenicThe problems emerged: a legal framework schizophrenic

The collective autonomy was unrelated to the individual jurisdictions (state and community), and aims to build an organization of production inter-union legislation that has an area of common and shared application, that is transnational.This implies a tendency to escape from the local principles of collective bargaining and an "open sea."The stipulation of "creative agreements" allows you to manage crisis situations:-saving jobs and providing income-ensuring the sustainability of the enterprise.

Autarky of the collective parties



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it is still early to talk about a system of labor relations at the supranational character.The Community input is to accompany the trend in place, the privatization and decentralization of the production of law. The collective agreement becomes the source of a new form of labor law privatized.Against the backdrop of CSR, the Parties have agreed negotiating texts, the most varied forms, drawn up jointly to be applied in most countries. The legal path that takes the name of "Transnational collective bargaining" (TCB) is characterized by inhomogeneities, uncertainty and informality. But it is the only one that can give rise to practices of transnational collective bargaining (Transnational framework agreements: TFAs) having a global, European or inter-regional level.

EU: which address of legislative policy? EU: which address of legislative policy?




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The European Commission has set itself the problem of distinguishing the value of these agreements. The choice made was not to determine the legal nature of empire, but to intervene with definitions of mere reconnaissance.

EU: the classificatory choice EU: the classificatory choice

The "Transnational company agreements" (TCAs) are agreements involving "mutual commitments, the scope of which extends to the territory of several Member States and which are signed by representatives of a company or group of companies on the one hand, and workers' organizations on the other, concerning conditions of work and employment and / or relationships between companies and workers or their representatives "(EC Directorate-General, employment, Social Affairs and Equal Opportunities, Commission Staff Working Document, 2008)




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Although the choice of the existing reconnaissance is still weak, it can be said that the TCAS:

- Formalize the participation of trade unions in the operations of multinational enterprisesThey are designed to promote the homogenization of the principles affirmed, generally based on principles ILO (International Labour Organization) on international relations and working conditionsInvolving a growing number of actors (international and European trade unions, EWC, local communities, NGOs) whose strategies and actions should be coordinated.They tend to fill the asymmetry of globalization: labor standards are in fact typically national.In the absence of rules, and mechanisms of interaction, legitimize the role of other parties with interests of workers.

EU: effects of classificatory choice EU: effects of classificatory choice




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In particular:International Trade Union Confederation (ITUC or CIS) is the most important confederal structure at the international level, worldwide. At the European level: ETUC. Founded in 2006 by merger, affiliates 301 organizations in 151 countries.

The role of ITUC, GUFs and IOEThe role of ITUC, GUFs and IOE

Global Union Federations associated with the international federations of national and regional trade unions representing professional categories. It was previously known as International Trade Secrétariats (ITSS).

International Organization of Employers (IOE or IOEs), formed in 1920 following the establishment of the ILO, represents the interests of employers in the ILO and UN.




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The next steps expected at the European levelThe next steps expected at the European level

The ongoing discussion on the need of structuring principles of labor and industrial relations at the international level.The goal is to achieve a common regulatory framework, and are two possible ways:

Define operation of law these rules at the supranational level;Address and / or promote a convergence of different national rules.

In the absence of Community legislation, currently the labor law and trade union transnational appears privatized. The parts operate in a regime of almost total self-sufficiency.




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TFA's: further distinctions

Depending on the social actors involved, we distinguish: Depending on the social actors involved, we distinguish: International framework agreements and global International framework agreements and global (International or Global framework agreements: Ifas / (International or Global framework agreements: Ifas / GFA) and the European framework agreements (EFAs).GFA) and the European framework agreements (EFAs).

The first are signed by the management of multinational The first are signed by the management of multinational corporations and the Global Union Federations (GUFs). corporations and the Global Union Federations (GUFs). The latter, by management and by the European The latter, by management and by the European Industry Federations (European Industry Federations: Industry Federations (European Industry Federations: EIFS) and / or European Works Councils (European EIFS) and / or European Works Councils (European Works Council: EWC) of the multinational.Works Council: EWC) of the multinational.




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A curious patchwork of individual casesA curious patchwork of individual cases

The European Commission, based on an analysis of about 180 Transnational framework agreement recognizes short, without defining intent, that the transnational social dialogue remains the only tool for groped to build a common ground.The problem is that the common area is, legally, a sort of "no-man's land" and, above all,is not enough to analyze existing experiences and identify the common features to track an appropriate legal framework to overcome the uncertainty.

Transnational Collective Bargaining



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Transnational collective bargaining at the enterprise level

The experience of industrial relations at the level of individual corporations is interesting, because it has for objective to try to overcome the gray areas, ie the limits and boundaries of the national labor law and trade unions. Social dialogue at enterprise level is something ontologically different from other forms of dialogue at European level, and in some ways not only gives meaning, but surpasses it. It can not be confused with the bargaining, as it is a starting point, a preliminary to the negotiating process that can lead to collective bargaining. Yet the same corporate social dialogue has its own character, as no significant hetero (defy any act of address).




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The Community social dialogue: schemesThe Community social dialogue: schemes

The ILO speaks of social dialogue as a set of "negotiation, consultation

or simply exchange of information between representatives of government, employers' and workers concerning matters of common interest."

And 'considered both as a bipartite process, and (hopefully) as a tripartite process (with the participation of the national government).

It is understood and assumes an activity more or less induced by the formal consultation of the Commission. Articles. 154 and 155 of the Treaty on the Functioning of the EU in fact define a comprehensive procedure which, starting from consulting the social partners, can lead to their simple co-operation to the phase of the legislative proposal, or to substitute a real business.

In all the schemes there is a clear legislative initiative of the European Commission.




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The Treaty considers the social dialogue and direct bilateral relationship between trade unions, based on contractual relations, including agreements, which may be implemented, at the joint request of the signatory parties, by a Council decision, when the matter is Community.Subsequently, therefore, intervenes ratification of the Agreement by the transposition in a Community legislative act. It is, therefore, of "acts of negotiated legislation.“This method has given rise to three inter-sectoral agreements incorporated in as many Directives: a) on parental leave (1995, with recent revision) on part-time work (1997), and fixed-term contracts (1999). It is "statutory agreements", institutionalized arrangements implemented with Community procedure for strong bargaining

Diagram of "strong bargaining"Diagram of "strong bargaining"




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When the Parties, decide instead to rely on the procedures and practices specific to management and / or the Member States, it is called "autonomous agreements" or "non-statutory agreements" (Article 139, paragraph 2, of the EC Treaty). Are not acts of legislation.The contractors are responsible for the management (monitoring and implementation at the level of associate members) of the agreements.Were produced four autonomous framework agreements: a) telework (2002), b) work-related stress (2004), c) harassment and violence in the workplace (2007); inclusive labor market (2010). In all four cases, it was Part ESC.These mechanisms of co-regulation of Community interests, which remain formally in place (PRIVATE ACTS OF AUTONOMY) in the hierarchy of sources

Diagram of "weak bargaining"Diagram of "weak bargaining"




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The social dialogue "out scheme."The social dialogue "out scheme."

Outside of the agreements arising from a European initiative, lies a diverse galaxy of texts, variously named, due to the notion of "voluntary agreements" (Voluntary agreements, pursuant to art. 139, paragraph 1 of the EC Treaty).These documents, according to the Treaty, despite not having an explicit legal restriction express agreements designed to make applicable to the lower levels implied by such choices, the terms of the agreements themselves.Those agreements contained in the documents signed, are the product of an entirely autonomous and voluntary negotiation, in its means and ends. It implements an implicit recognition of the Parties and is a candidate to solve, instead of the national and Community legislator, many potential conflicts of work, related to the characteristics of the current economic and financial globalization




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Transnational collective bargainingTransnational collective bargaining

The reports dealt in on a transnational basis are gradually developing between parties who have no legitimacy to conclude transnational collective agreements under Articles. 138-139 TEC and / or procedures other than those specified therein;It is a voluntary negotiation and independent, not inspired to Community objectives, but rather oriented to fill the gaps in Community legislationOne of the most authoritatively traced paths negotiating practices of the groups is made up of the experiences of the EWC (the subject of Community legislation with a view to promotion). However, it is extremely difficult to move from the social dialogue to trading, as it is of individuals with no contractual entitlement.




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The phenomenon empirical observationThe phenomenon empirical observation

It is atypical agreements, negotiated and signed by a single Community-scale undertaking or global supranational and workers' representatives: EWC and / or European or international unions in the sector.It is a totally spontaneous phenomenon, the results of which formalized arise outside of any specific regulatory framework, and therefore require a greater effort of interpretation in the application stage.All content, declaratory judgments, the concrete meanings and legal constraints that they express are being studied in this projectIt is not possible to abstract principles or guiding rules, because the trading activities within each group independently multinationals respond to specific needs identified and agreed by the Parties




Essence of the TFAsThe objective of the provisions of the contract is not to harmonize national systems, but to regulate situations and emergencies that, because of their cross-border dimension, beyond the control of these.The national industrial relations systems are not substitutes, but "bypassed" trying to create legal obligations for the management of the corporation to comply with specific standards.Such bargaining is expressed through framework agreements:they define the "core labor standards", that is, principles, policies and general rules that will be adopted at the lower levels, that is, by individual national companies associated with the Group, both in terms of financial participation by both commercial partnership (eg. Procurement).In practice, it relies on the decision-making power exercised by the central management who signs the agreement, in relation to the decentralized level

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Driving role of TFAsThe TFAs also play a role in the promotion of labor relations in the national business contexts in Which they are inadequate.The relationship between the direction of the trade unions and multinational Becomes stable and smooth, and implies acceptance of the Parties "rules of the game" that they Themselves have freely given. Given That multinational companies are not legally Obliged to Recognize the Unions as a partner of the supranational level, the signing of a TFA created a bond of this type ("Semel contrahens pars, pars always contrahens").

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The different meanings of TFA

The continuous negotiation processes amplify the uncertainty in the definition of "framework agreement". The terms used are not shared ad extra, missing a taxonomy legislation.Among the most common names: agreements, framework agreements, global agreement, European agreement, group agreements, joint opinion, a joint declaration, conventions, frameworks, charters, principles, guidelines, orientation.Every single word has different meanings in specific business contexts of reference.Reference may be the only unifying European Commission.For it, the TFA are essentially "joint texts" or also called "transnational texts".What characterizes them, in formal terms, is the signature by management and workers' representatives of multinational corporations.Under the aspect of content, they (EFAs) regulate the social impact of restructuring plans and / or address the issue of anticipation of structural change 23




The most recent understandings of TFA/EFA

It strengthens the line of the "framework agreement", considered bilateral business agreements between Global Union Federations and central divisions.They face, finally, also the theme of CSR (which are cleared by the prospect of unilateral adoption to become shared material).For what reason? Multinational companies intend to "prove" to the markets that the social dialogue and the agreements signed are a guarantee of quality management and supply chain, through social peace.The same connotations accompanying the growing bilateral sharing of content of codes of conduct unilateral.At European level, the EFAs are framework agreements concluded by federations of industry, EWC and / or national unions.

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The IFAs are underwritten by GUFs. The EFAs are a subcategory with differences are underwritten by EWC and European federations of industry.The IFAs are "global" focused on fundamental rights The EFAs are focused on topics typically European (restructuring and anticipating change). The SO-CALLED "Mixed agreements" have global reach but instead are focused on European issues, often involving the EWC.When the terms of the IFA and EFA commitments are referred to a non-measurable, we prefer to speak in both cases of "joint texts". Both IFAs that are characterized by the activity of EFAs to address the underlying trade, rather than by the intrinsic chargeability. We therefore prefer to speak of "collective bargaining".

The distinction between IFAs and EFAsThe distinction between IFAs and EFAs




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These create the responsibility of implementation of the agreement ...In the head ... but only to the signatory parties (even if par. 3 of the ILORecommendation states that "collective agreements are binding on the parties to sign and those on whose behalf they are concluded")Employers bound by collective agreements can not be included in individual employment contracts clauses incompatible with them.The problem is that framework agreements are not unanimously considered collective agreements, as they do not fit in the hierarchy of national legalNational courts may interpret the good faith implementation of the framework agreement

Certain effects of IFAs and EFAsCertain effects of IFAs and EFAs




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Since the 60s the international organizations of workers developing strategies of approach to the policies of multinational corporations.You are the first Councils world or global workers: World Union World Company Councils and Council that, within multinational companies, coordinate industrial action and encourage dialogue with the counterpart.The goal is the conclusion of Transnational company agreements.Since the 90s, with the intensification of the phenomena of outsourcing and relocation, the union strategy changes, tending to the signing of the first international framework agreements by the GUFs.The difficulties are three: 1) the refusal of employers to recognize the component level of negotiation 2) the absence of a supranational regulatory framework, and 3) the company's attempt to "do for themselves." That's why they develop codes of ethics and conduct, as well as various statements of CSR.

Origin and evolution of IFAsOrigin and evolution of IFAs

Codes from unilateral to IFAs / EFAs



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Unions know they have to move the field of comparison by collective bargaining traditional transnational scope, no man's landExert pressure on national governments, the EU is to achieve a framework law for multinationalsObtained, however, only answers "soft" after the non-binding guidelines (OECD Guidelines, the ILO Declaration of Principles), most recently the UN Global Compact. In the EU, the directives of the European Society EWC and growth objectives are aimed more quantitative adjustment of bargaining power in the transnational level.Ultimately, labor law and trade union at the international level, has developed policies that abandon their binding regulatory systems in favor of voluntary self-regulation systems.

The trade union response to the legislation unilateralizzazioneThe trade union response to the legislation unilateralizzazione




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Since the end of the '90s spreads through IFAs greater regulation of the content of codes of ethics and conduct, with inclusion in the framework agreements of principles and values of CSR. What has happened?International trade unions, trade union federations of European industry, EWC and even national unions share such content, demanding rules on the monitoring of agreementsAnd just in the fertile soil tilled by the Directive (later recast) of EWC is that, at the beginning of the new millennium, a new form of bargaining: the EFAs.The EWC agreement between Ford and the transfer of employees after the split of the U.S. subsidiary Visteon (2000)Various agreements with General Motors in Europe effects on the maintenance of working conditions and the protection of employment (since 2000).

CSR and IFA’s: a curious syncretismCSR and IFA’s: a curious syncretism




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The Transnational collective bargaining has experienced an increase since 1990, more sharply from 2000 to 2009. Then, in the period of the current crisis, a significant thinning of the new agreements. Let's talk about 94 IFAs and EFAs 86.For EFAs, the French and German companies are parties to approximately 45% of all framework agreements.When we speak of a growing trend of bilateral regulation of matter impacted by the ethical codes of conduct and, therefore, we speak of percentages, the total number of enterprises, really modest (less than 0.3%).In the context of the crisis, the unions have called for more stringent regulations with provisions for monitoring and dispute resolution: more often than not accepted by companies. Decisive role is played by UNI, which in 2006 signed an agreement with National Australia Bank Group, surpassing the geography of the European continent in terms of reorganization with outsourcing

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A quantitative dimensionA quantitative dimension..




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Be formally recognized as interlocutors transnationalEnsure the defense of human rights, trade unions and labor at the global levelExtend the scope of the associated companiesOpen new channels of negotiating new issues

Strategies and motivations of the actors: trade unionsStrategies and motivations of the actors: trade unions


UNI Global Union "use" agreements in an organizational strategy: investing resources to "force" the negotiation, with targeted campaigns to build and strengthen trade union presence in the contexts less protected



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IFAs consider the mechanism of development of social dialogue, not a qualitative leap towards international industrial relationsUse agreements as a tool for CSR, in order to strengthen the psychological impact to consumers and investorsActuate the agreements as an instrument of internal alarm, to avoid public campaigns

Strategies and motivations of the actors: firmsStrategies and motivations of the actors: firms


International Organisation of Employers (IOE) highlights the recent, growing gap in the size of mutual expectations with the unions, in fact hindering the new generation of TFAs.



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The proposal process and negotiation does not follow standard criteria (absence of a transnational legal framework of reference), but is based on firm-specific factors, and is influenced by the climate of confidence between the parties.The activity pulse is typically of Trade Unions.

The negotiation processThe negotiation process

The negotiation process

- Historically many GUFs and the CIS have placed at the center of their negotiating proposals to the regulation of CSR, considering it dangerous to unilateral adjustment of codes of ethics and conduct- Some trade union federations have tried to define the negotiation process according to the guidelines and model agreements.



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(UNI and UNI Finance) in the first instance encourages the search for alliances between trade union affiliates, and in particular it seeks correspondence with trade unions and EWC business where the company has its registered office.

The projectThe project

There are exceptional circumstances in which the company management to promote negotiation initiative: cf. Lafarge (2003), Renault (2004), Peugeot-Citroen (2006), Schneider Electric (2007), concluded with historical IFAsThe pulse can come even from EWCS and WWCS. The complementary function often accompanies However, in the construction phase of the proposal, the initiative to other subjects. Subjects are "facilitators“.




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The 180 TFAs signed to 2011 are few in number compared with the number of European Works Councils (903) and the number of multinational companies (about 65,000).Multinational companies with their registered office outside the EU are poorly sensitive approach of Global Unions.The same national unions are inclined not to recognize contractual role in global unions, believing that they have a mere role of coordinating the activities of associations.At the same time, it lacks the Community level association representing able to exercise function of direction and control over its members.In the absence of a promotion activity and impetus from the EU, transnational bargaining is likely to remain, at least in the short, niche phenomenon.There are, in short, individual actors and not an industry association. This prevents you from defining the TFAs as collective labor agreements

Effectiveness of transnational bargaining: first conclusionsEffectiveness of transnational bargaining: first conclusions




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The common purpose to all TFAs is to ensure the same principles of protection of the rights to all employees of the globalized economy (so-called Core Labour Standards).However, unlike the TFAs (more polarized on fundamental rights), the subspecies is more EFAs issues occupaziona them (employment levels and scope of employment).In this case, each framework agreement contains elements of great originality compared to the normative contents, so to speak of each thematic area is to speak of the individual agreements, namely the specificity (production, organization, industrial relations) at different multinational.

The regulatory content, thematic areasThe regulatory content, thematic areas

The negotiated contents



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The right to organize and collective bargaining. It is the central matter of the accession and accountability unions, the introduction of clauses neutrality (Electrolux)

Some of the issues of greatest impactSome of the issues of greatest impact

The prohibition of child labor, which becomes EFAs in promoting school attendance and family economic support.The right to equal opportunities in EFA ENI (2002) becomes the "equal treatment for men and women pay in respect of work of equal value, on merit”The topics include employment training and mobility for the management of restructuring and anticipation of change.Health and safety: the agreement Renault (2004) in compliance with Community law sets action plans for shared analysis and prevention of occupational risksThe aspect pay is treated as accompanying measures and health protection, or as a financial participation (Air France, 2005)




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The working time is an occasion for provisions that recognize the importance of a healthy balance between work and leisure (Electrolux)

Some of the issues of greatest impactSome of the issues of greatest impact

Flexibility: 20 agreements contain provisions that reduce the possibility of unstable relationships. Gea and Norske Skog, thus stating the exceptional natureTraining: the principle of life-long learning through all the European agreements on corporate restructuring and even career paths

The aspect pay is treated as accompanying measures and health protection, or as a financial participation (Air France, 2005)

Treatment of personal data on an international level. Limits and restrictions for managers to workers: Danone (Convention for the info, 1989)Global social dialogue: 34 EFAs speak of rules for communication between national unions and EWC / WWC for the information timely since the strategic lines (Daimler Chrysler, 2006), also signed by EWC




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Guarantees of individual protection to avoid layoffs and compensation payments (Daimler-Chrysler 2006)Working conditions in the event of transfersAccompanying measuresMobility intra-group (Alstom 2011)Retraining (Alstom)Part-timeProcedural rights with the possibility of a proposal to the parent of alternatives to dismissalRights monitoring and control arrangements in time data

Restructuring and “ crisis agreements "Restructuring and “ crisis agreements "




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They are suitable framework agreements to create legal obligations enforceable in the courts?What kind of constraints create reports with respect to collective and individual work?What are the persons entitled to operate the rights?Which law is applicable?

Legal validity of TFAs/EFAsLegal validity of TFAs/EFAs

Legal force of agreements

The problem is that these agreements should strive for self-sufficiency, as it lacks a natural connection to a specific legal system and the definition of collective agreement. These absences are for demonstration of the management of non-mandatory general intention of the effects. In short, would be mere declarations of intent. Is why we must seek, in the framework agreements, all agreements conferring effectiveness and clauses extensive (in affiliates, contractors, categories of workers, etc.).



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They are very different collective agreements negotiated by the national. In practice, they are not directly applicable to the individual employment relationships, but are directed to inform the successive forms of bargaining within individual countries.This depends mostly on the lack of legitimacy of the signatories: the international federations of industry and EWC / WWC.

Legal statusLegal status

A solution to the problem may be the extension of the signing of the agreements to the national unions in the sector.This would also likely subjection to rules and procedures for the trading of company collective agreements. The examples, while not frequent, are not lacking: ENI 2002 on industrial relations, Air France 2005 on financial participation, and GDF Suez 2007.In practice, every transposition (subjective) from the formal result in an absorption objective of the text in the legal framework underlying




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The framework agreement is not classifiable perspective of labor law. That is, there is a rule of automatic connection to a higher system.Private international law in practice does not exist, is a form of law which changes from sorting to sort by.The doctrine always feels dutifully applicable local law.

The legal frameworkThe legal framework

A solution to the problem may be given explicitly by the same agreements.Some claim the applicable law, jurisdiction and language version of interpretive reference.In general, you call the local law to safeguard the regulatory standards of the countries where the Group operates.Rarely, however enshrines the primacy of the framework agreement, something that poses problems of protection of rights where local standards are more favorable.Some EFAs refer to Community law the problems of interpretation and application (Axa 2005)Legal force of agreements



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The contract has the force of law only between the signatories.They may have an extension of effective only if endorsed by a rule or state if incorporated in collective agreements or individualEven when it concerns the network contract, is the holding company that is committed to ensuring compliance with the rules with respect to supply chain and subcontractors.Most of the time, without specifying the consequences of failure

Personal scope of application (extension)Personal scope of application (extension)

However there are framework agreements which confirm the direct application of the commitments for both management both for workers: ex. Diageo agreement on restructuring in 2002 (Irish Law).A solution to the problem of compliance by third parties is the introduction of clauses and procedures for automatic termination of supply contractsOr prediction, normed by the Agreement of model clauses in contracts that the holding submit to their partner suppliers and contractors (Staedtler).It’s useful to define the exact perimeter of the agreement extension: the scope coincides with the sphere of influence and the notion of group.




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The case of change of ownershipThe case of change of ownership

As a result of acquisitions, mergers, etc.. what legal consequences for framework agreements previously signed?

Surely the agreement applies to companies which have entered the sphere of influence of the signatory.Unsure is instead the scope of application for the remaining commitments when the company leaves the group influence. On the one hand, 'pacta sunt servanda', and second, the case can not be considered a binding contract that does not have a fixed duration or for unilateral termination. That's why collective agreements have a deadline.Not being the TFA collective agreements, the solution is or incorporate them into such contracts, or the link to the duration of contracts and supply (in practice, making them subject to the same termination clauses and resolution).The fact remains that at the level of Community law is not anticipated that the framework agreement of the group is mandatory for the companies that compose it: the guiding principle is that of '"autonomy of legal persons."




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Implementing and MonitoringImplementing and Monitoring


The procedures for monitoring and control (verification) the effectiveness of the agreements are as important as the agreements themselves.They are usually entrusted to a committee of representatives of workers and management (global compliance group: Ikea)Sometimes they are managed by third parties: EWC and WWC, with inspection functions (in this case the meetings coincide with those of EWC), other times by independent auditors and firms control (skepticism of trade unions).The responsibility of the system is in the hands of the company ("compliant")The level of monitoring / control may be: a) single-site and decentralized agreement-Bosch-b) on two levels, involving both local social partners and those of group (PSA). Among TOOLS, include: a) the provision of translation requirements of the Agreement by the company, b) the rules for dissemination and publication among workers, c) the subject of a contractual training on the contents. The most effective control is carried out daily by workers.



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Dispute ResolutionDispute Resolution

Once identified breaches or violations of the Agreement, to restore the right violated must enable the speedy resolution of disputes (both interpretive and application).That's why it is essential to create, within the framework agreement, procedures and mechanisms for resolution: colleges of conciliation and / or arbitration, both in the business and in international institutions (eg ILO).Should be coded in the first place the alert procedures and consultation, allowing a more rapid and preventive recomposition of disputesThe most critical aspect is the identification of penalties in case of breach.Since we are talking about voluntary procedures laid down in the agreements, do not automatically apply the penalties provided for by national law.The agreement stipulates that the Prym WERKE direction of the group decides every year, in consultation with the EWC, the measures applicable.The alternatives most widely practiced, as few agreements of this type are the use of the ordinary courts or, sometimes, at the court of Justice: with uncertain outcomes.

Verification and monitoring of the agreements



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Conclusions Conclusions

The transnational collective bargaining currently practiced can not cause misunderstandings generous: it is not a true collective bargaining

While collecting good practices often considerable, it is still not a generalized phenomenon, from which, in the absence of externally imposed rules, it is impossible to draw common guiding principles (which goes beyond the existing empirical observation: trends that polarize more experiences ).

In the absence of a Community legal framework of reference, is unquestionably difficult to assume positive developments in legislation on labor law in the medium term.

The only serious business address, and (in some cases) piloting of collective bargaining is carried out by international trade unions and the EWC / WWC.

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