Etui activities for wp oegb visitors jagodzinski

ETUI activities concerning
Worker Participation
ÖGB Visitors Group

Studienreise
1. April, 2011

Romuald Jagodzinski
Researcher

rjagodzinski@etui.org
European Trade Union Institute

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

ETUI - overview

for

Research Education and Health and Safety


Project or resource management
(use of external knowledge & networks)

Research units Research
contracts with
 Coordinator &
Cooperation individual
senior
agreements researchers
researchers
 Institutes
 Research Research visitors
 Universities officers
(core staff) Trainees/Students

Research networks
 180 experts from trade unions, universities & institutes

ETUI - overview

for
Research Education and Health and Safety

● 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

Worker Participation – a priority for ETUI

Training for EWCs
The Sustainable
GoodCorp
European Company
EU Corporate Governance and worker
participation
Worker Participation 2030
Corporate Governance and the
Scenario-method on the future of worker Voice of Labour
participation
Survey on employee representatives in
boardrooms in EU

European Worker Participation Competence Centre and
Fund

EWPCC activities 2009

4/6 February 2009 21/22 September 2009
Further training and other Corporate strategy and
supportive measures for workers’ monitoring in the European
representatives in SE boardrooms Company (SE) at a time of crisis.
Second exchange of experience
between workers’ representatives
in SE boardrooms

15/17 December 2009 6 May 2009
Importance and role of workers’ Active participation to the EMF-
boardroom representatives for Trade Union Coordination meeting
sustainable companies as a about possible
solution to climate change 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


EWC database: general structure

ETUI database of EWCs

Database of
EWC SEs
multinational
database database
companies

ongoing

EWCs Social Dialogue bodies Contacts Substantive agts

Jurisprudence Workers’ and
EU legal provisions employers’ organisations
(national, ECJ)
ongoing


Basic structure of the ETUI database

Multinational company
(GroupCoID) GM Chemtura

Body level (EWC)
(BodyID) GMEECO GMAC

Document level (EWC agreement) Renegotiated
(AgreementID) Agreement 2005

Installation Renewal Renewal
Agreement 1996 Agreement 1999 Agreement 2002


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

Multinational World Works
company Council

EWC EWC EWC
marketing division production division logistics division

1996: EWC
installation
agreement,
now obsolete Rules of
procedure

2000: EWC
letter regarding substantive
renegotiated
the revision of agreement
agreement
the EWC
(still valid)
Directive

2001: amendment
to EWC Content
agreement Analysis
(still valid)

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 • Information and consultation
● Employee-side signatories •Definitions (new recast directive)
•Role
● National transposition law applicable
•Competence
● Re-negotiation
•Specifically excluded agenda items
● Composition of EWC
•Plenary meetings
● geographical distribution of EWC members
•Frequency of plenary meeting
● Geographical scope
• agenda setting, chairing, minutes
● Allocation of seats • information dissemination
● Size threshold for a seat •Languages and working documents
● Upper limit on the number of •Select Committee
● Method of selection of employee representatives •Composition, competencies
● Mandate of employee representatives •Extraordinary meetings
•Facilities for EWC
● Confidentiality provisions
•Budget, experts, tools
● Protection for employee representatives


Content analysis - Exceptional provisions

• budget •rotation system of ewc reps:
• expert •Access to company premises
• conflict resolution
•subcommittees / working groups (within an EWC)
• training
•special communication systems for EWC + EWC
• time-off for EWC duties
websites
• confidentiality
• priority of information •gender balance
• renegotiation of EWC agreement •EWC on subsidiary requirements
• transition in case of merger •EWCs inviting employee representatives from
• informing employees outside of EU/EEA
• Guests / external parties •EWCs in public
• other forms of trade union commitment to EWC •transnationality
• anti-domination clause
•EWCs appointing members of supervisory /
• information & consultation – definitions
directors’ boards
• extraordinary circumstances
•facilities for EWCs
• legal personality
• translation / interpreters •EWCs and CSR
• Link with other EWCs •Information & consultation procedure instead of an
• Additional EWC meeting EWC
• prospect for establishing and changeover to an SE •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


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
new EWCs EWCs dissolved Total EWCs active 961
970 926 938
920 879 891
855
870 838
819
820 772
789
770 747
720 683
670 626
620
570
570
520
520
470
420 397

370
320
270
220
170 124
120 99 85
72 82
68
70 33 52 51 51 41 40
35 34 31 35 30
19 17 6 17
20 0

-30

ta
94

95

96

97

98

99

00

01

02

03

04

05

06

07

08

09

10
94

da
19

19

19

19

19

19

20

20

20

20

20

20

20

20

20

20

20
19

No
e
or
f
be

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

Development of EWCs over the years
Reasons of establishment
394
company converted into SE
140
creation from spin-off

installation from merger
120
installation from scratch

not confirmed
100

80 77 77
72

62
60

40
40 36
33
26 27 25
23 23
19
20 16
9
5 5 6 6
2 4 2
0
1985

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

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
Initial EWC agreements Renegotiated agreements
100%

80%

60%

40%

20%

0%
1985

1989

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008
* - 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

Agreements no
longer valid
442
31%

Agreements still
in force
967
69%

* - 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)

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
Law applicable to EWCs established in companies headquartered in a given country
250
National legislation applicable to all EWCs: established in companies headquartered in a given country and headquartered outside of EEA
212 212

200
Number of EWCs

153
150
134
125

101 98
100
81
74
68 64

50 38 40 44 43
33 36 32
22 23 22 26
14 15 18
7 9 6 6
1 1 1 1 1 1 1 1 2 2
0
CZ GR HU PT CY ES LU NO AT DK FI IE IT NL SE BE UK FR lawDE
applicable unknown

Country of legislation
Jagodzinski R. and Pas I. @
2010.Data source: European Trade
Union Institute, EWC database, April
2010 Figure 51

Active EWC bodies and involvement of employees from
new EU countries and EU applicant countries
member

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
MNCs affected by the EWC Directive 819
800 MNCs that have set up an EWC

662
636

600

425
400
340 333 334

181 185 199
200 162
155

84 87 101 108
56 65
29 33
0
MT CY LV LT EE SI SK CZ HU PL

Source: EWC Facts&Figures 2006,
P.Kerckhofs & I.Pas, ETUI-REHS 2006

Age (length of existence) of currently active EWCs in years
Number of active EWCs (right-hand scale) Percentage of all EWCs currently active (left-hand scale)

500

Percentage of all currently

Number of active EWCs
400

active EWCs 300

200

100

0
between 20 between 15 and between 10 between 5 and
unknown less than 5
and 25 20 and 15 10

Number of active EWCs (right-hand scale) 15 3 17 460 262 136
Percentage of all EWCs currently active 1,7 0,3 1,9 51,5 29,3 15,2
(left-hand scale)

Years in operation


Age (existence) of currently active EWCs by sector of
activity
less than 5 between 5 and 10 between 10 and 15 between 15 and 20
between 20 and 25 unknown
350

300
Number or EWCs currently active

250

200

150

100

50

0
metal chemicals public services building & food, hotel, transport textiles
services woodwork tourism

* - 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 countries and EU applicant countries
member

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
More general and miscellaneous information on EWCs

Available in FR, EN, DE


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!)


Agenda

1. ETUI
2. www.ewcdb.eu
2. News on EWCs
4. Statistics



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

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

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 Draft legislation submitted to Parliament on 06/04/2010. Problematic and minimum transposition.
Kingdom No info on final outcome (adopted?) Bill pending final voting in parliament now.
Austria Tripartite Commission Group meets every 2 months.
Unions involved, good cooperation, well on the way 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; Completed: Social Partners in the National Council of Labour finalized a
employers very restrictive – only the minima of the Directive. collective agreement implementing the directive in December 2010.
Outcome: collective agreement
Denmark Process started on Jan 2010, meeting in March 2010 and on the way. The meeting before summer break was cancelled. Next in September. Bill
Ministry took contact with ETUI concerning fines and access to courts. 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. Agreement allegedly reached. Government is working on the bill (?)
Bill to be negotiated between social partners and then introduced by the
government.
Sweden Employer federations refused in Sweden to work on a common draft with Unions fear the transposition will be minimal/insufficient.
trade unions.
 Government presented a simplified draft (October 2010). 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 Government’s announcement implying that deadline will not be
round with social partners). 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
44
Not assigned yet
Building & Woodwork 5
Chemicals 7
Food, Agriculture, 2
Tourism
Metal 8
Public Services 6
Services 10
Transport 1


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