1.6. Negotiation of EWC agreement.
Steps
1.6.1. Introduction on negotiations
for an EWC agreement: from minimum standards to preferred outcomes
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EWC agreements are always a result of negotiation
and compromise. However, an EWC agreement must never
go below the standards defined by EWC directive 2009/38/EC including the
subsidiary requirements, as well as the applicable national transposition law
or other applicable legislation. UNI Europa wants to achieve better
provisions than those provided by legislation. These Guidelines include Annex I suggesting several
concrete points to be negotiated for in an EWC
agreement. Please see hereunder some recitals of the 2009/38
that have clearly inspired most Uni Europa
indications on how to manage an EWC from its roots i.e. from the NEGOTIATION
of the Agreement Let us interconnect them to each other in any
negotiation to establish or to renew any EWC Agreement. LEVEL OF DIALOGUE Only
dialogue at the level where directions are prepared and effective involvement
of employees’ representatives make it possible to anticipate and manage
change. (Recital 14) TRANSNATIONAL ISSUES : (…) are considered to be transnational (…)matters which, regardless of
the number of Member States involved, are of importance for the European
workforce in terms of the scope of their potential effects or which involve
transfers of activities between Member States. (Recital 16) PROFESSIONAL
BALANCE In accordance with the principle of subsidiarity, it is for the Member
States to determine who the employees’ representatives are and in particular
to provide, if they consider appropriate, for a balanced representation of
different categories of employees. (Recital 20) CONSULTATION
AND DECISION-MAKING The definition of ‘consultation’ needs to take account of the goal of
allowing for the expression of an opinion which will
be useful to the decision-making process, which implies that the consultation
must take place at such time, in such fashion and with such content as are
appropriate. (Recital 23) TRADE-UNIONS
ROLE AND RECOGNITION Recognition must be given to the role that
recognised trade union organisations can play in negotiating and
renegotiating the constituent agreements of European Works Councils,
providing support to employees’ representatives who express a need for such
support. (Recital 27) LINKING
NATIONAL AND TRANSNATIONAL LEVELS TO ANTICIPATE AND MANAGE CHANGE Such agreements must lay
down the arrangements for linking the national and transnational levels of
information and consultation of employees appropriate for the particular
conditions of the undertaking or group of undertakings. The arrangements must
be defined in such a way that they respect the competences and areas of
action of the employee representation bodies, in particular with regard to
anticipating and managing change (Recital 29) |
1.6.1.a. UNI
Europa’s role in the negotiating process
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UNI Europa will ensure, through the
communication and coordination role described in its Guidelines, that the
employees’ representatives have a common approach and that negotiations run
smoothly. UNI Europa will encourage and support
the SNB to draw a EWC agreement based on Annex I of these Guidelines. This
draft will be presented to management at the
earliest possible stage of negotiations. The role of the expert of the European
Federation, appointed in joint agreement with the DSN, is a resource for the negotiation process and to aid the EWC. |
1.6.1.b.
Signature of the EWC agreement
1.6.1.c. External
expert
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Go to 2.2.c Business accounting: use of the manual This is the moment to bargain for useful
information to evaluate the condition of the group, both in current and
dynamic terms. We are interested in having the right to access balance data
and periodical evaluations (trimestral, biannual), and to information on
consolidation modalities of data, to orders and relative intergroup pricing,
and to the existence and typology of subcontracts external to the group. The direct information we are able to
bargain will a useful analysis tool that is stable in time. At this step, it’s
possible to bargain to have an external, indipendent,
accounting expert, that means the EWC has to choose the expert. Go to 5.3.
Glossary annex business accounting |
1.6.2. In
addition
1.6.2.a. Select
Committee and languages
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Select
Committee: its composition must take in account
the best balance possible between operative agility and representativeness.
In this sense, no country should express the majority of the SelCo even if largely a majority among workers. Languages
and interpreting: our starting point should be
the right to interpreting in all languages of EWC representatives. We should
nevertheless consider a common language during meetings and even more during
informal contacts, because it makes mutual comprehension and the intensity of
relations definitely easier. When we have a decent ability to communicate in
such common language, we should test this opportunity starting from the Sel.Co meetings. Of course any waiver
to part or all of the interpreting and translation services must be object of
an acquired negotiation with the management, whereas the bigger the save in
money for them (interpreting is maybe the most expensive voice in the
expenditures of an EWC, at least in relative terms), the more rights for the
EWC, like more meetings in a year, more training, etc. Even in
this sense so, renouncing to interpreting (within precise limits and
conditions) may become an important opportunity/resource. |
1.6.2.b.
Agreement and standard rules. A way to improve the agreement
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Agreement
and standard rules. A way to improve the agreement EWC
Directive 2009/38/EC on the elements of the EWC agreement. In
synthesis, the EWC agreement have to include the standards and definitions
set by the EWC Directive 2009/38. But it may improve
in melius
the provisions of EWC Directive. In this
sense, it could be useful to analyse the definitions of information and
consultation provided by Directive 2002/14 in order to improve the notions
that have to be detailed in the EWC agreement. Furthermore,
delegates have to know the subsidiary requirements of EWC Directive
2009/38/EC for two reasons. First: in case of contrast with the central
management on the elements of the EWC agreement, the delegates could ask the
application of the subsidiary requirements of EWC Directive. Second: in order
to grant the improvement in melius of the provisions of the EWC agreement. It’s always
advisable to put an expiration date of the agreement. This allows you to
renegotiate the agreement at regular intervals taking into account legislative
and judicial innovations, as well as good practices that occurred in the
meantime. |
1.6.2.c. Additional
accounting data in the agreement text
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Go to
2.2.c Business accounting: use of the
manual This is the
moment to bargain for useful information to evaluate the condition of the
group, both in current and dynamic terms. We are interested in having the
right to access balance data and periodical evaluations (trimestral,
biannual), and to information on consolidation modalities of data, to orders
and relative intergroup pricing, and to the existence and typology of
subcontracts external to the group. The direct information we are able to bargain will a useful analysis
tool that is stable in time. At this step, it’s possible to bargain to have an external, indipendent, accounting expert, that means the EWC has to
choose the expert. Go to 5.3.
Glossary annex business accounting |