AIR FRANCE GROUP
EUROPEAN WORKS COUNCIL AGREEMENT
25/11/97
PREAMBLE
In the context of the building of Europe, and given the importance of the activities of
the Air France Group in this part of the world, it is hereby agreed to establish a
European body intended to promote social dialogue and contribute towards the
cohesion of the Group by strengthening a feeling of belonging.
The Air France Group recognizes the need for information, consultation and social
dialogue with employees’ representatives on the situation of the company and also
recognizes the need for employees to be informed and consulted about decisions
affecting the business and development of the Group, in view of the Group’s
transnational dimension.
This agreement is concluded with reference to the provisions of implementing law No
96-985 of 12 November 1996 relating to the European Group-level Works Council in
order to place the activities of the Air France Group within their European
perspective. The provisions of this agreement comply with the spirit and letter of the
law.
ARTICLE I
SCOPE OF APPLICATION
The Air France European Group-Level Works Council (CGEAF) is a permanent body
for information, consultation and social dialogue (within the meaning of Article 2 of
Directive 94/451EC and the law of 12 November 1996) on economic, financial and
social issues which, owing to their strategic importance or their global nature within
the European Union have a transnational effect and are likely be of interest to
employees and their representatives.
The CGEAF has separate areas of competence and specific missions and fulfils a
subsidiary and complementary role to that of the existing local representation bodies.
Under no circumstances may it replace these bodies or encroach upon their areas of
competence. It shall not take precedence over them.
In accordance with the meaning of Article L.439-1 of the Labour Code and law No
96-985, the CGEAF covers the Air France Group and all the companies over which
the Air France Group exerts a dominant influence.
Annex 1 gives a list of the companies concerned, established to date in the countries of
the European Union as defined in Annex 2.
ARTICLE II
CONCEPTS OF INFORMATION, CONSULTATION AND SOCIAL
DIALOGUE
Within the context of Article 1:
The information shall provide employees and their representatives with elements
enabling them to better assess the results and outlook of the Group;
Consultation, within the Community meaning of exchanges of views and dialogue,
shall make it possible to gather their reactions and proposals regarding strategic
objectives. Since consultation is not understood within the meaning of French law
but within that of Community law, this involves organizing and establishing a
genuine social dialogue in the Group in accordance with the implementing law of
12 November 1996 (which does not stipulate that the information-consultation
procedure must precede the decision-making process as a compulsory or
substantial condition, since decisions are only taken after consultation with the
local bodies). However, the information and consultation procedure must take
place at a time which does not deprive it of all significance.
The social dialogue aims to organize deliberations and debates with a view to
achieving common opinions.
ARTICLE III
MISSION
The mission of the CGEAF is to develop information and social dialogue on problems
falling within its area of competence and to promote shared experiences between
employees in the fulfilment of their professional duties in the different countries listed
in Annex 2.
Without becoming involved in aspects which are the subject of debates at local level,
the CGEAF shall deal with issues which have a transnational effect, relating to the
structure of the Air France Group and seriously affecting employees, in particular the
economic and financial situation of the Air France Group, the development of its
business, employment and collective redundancies, substantial changes in forms of
work organization, the introduction of new technologies, mergers and the closure of
undertakings and establishments.
A more precise list of these issues may be defined during the first term of office of the
CGEAF.
ARTICLE IV
DURATION OF THE TERM OF OFFICE
The duration of the term of office of the CGEAF is set at four years in order to ensure
the continuity of the body and to promote is operation.
ARTICLE V
COMPOSITION
The CGEAF shall comprise 30 members (Cf. Annex 2), representing the employees of
the Air France Group, who shall be allocated per Regional Delegation within the
meaning of the organization of the Air France Group and with a view to ensuring
maximum representation per country, as follows:
All the countries making up the CGEAF and having a workforce of at least 30
employees of the Air France Group shall have at least one member;
Each Regional Delegation shall be represented by at least one member.
Depending on the workforces of the countries and/or those of the Regional
Delegations, their representation may be increased and determined as follows:
from 30 to 100 = 1 member in total
101 to 300 = 2 members in total
301 to 400 = 3 members in total
401 and over = 4 members in total
France = 10 members in total
In addition, for the duration of the agreement and given its specific features, provision
is made for the appointment of an additional member for the Scandinavian and Finland
Regional Delegation, thus bringing the number of their representatives to 3, including
the representative of Sweden.
Although Switzerland is not a member of the European Union, it may appoint an
observer in an advisory capacity, who shall benefit from the same advantages as the
other members of the CGEAF.
Employees in undertakings or establishments situated in France shall in any case be
represented by 10 seats on the CGEAF.
Staff employed by the Air France Group in a country becoming a member of the
European Union shall have the possibility of being represented by a member who shall
join the delegation of employees’ representatives within the CGEAF, under the
conditions set forth above and in accordance with the methods of appointment
provided for by the applicable implementing law.
A representative of the Federation of Transport Trade Unions (FTTU) in the European
Union shall attend meetings of the CGEAF in an advisory capacity with the same
facilities as those granted to employees’ representatives, as well as the preparatory
meetings and meetings of employees’ representatives.
The Chairman and Managing Director of the Air France Group shall appoint a
Chairman and a Vice-Chairman of the CGEAF.
They may be assisted by colleagues of their choice and the Chairmen (or their
representatives) of companies which may be involved in a problem included on the
agenda for the meeting.
At its first meeting, the CGEAF shall appoint a Board of six employees’
representatives, by a majority vote, which shall include at least three members of the
European Union, apart from France. The Secretary, chosen from among the Board
members, shall be elected by a majority of the votes of the CGEAF.
ARTICLE VI
APPOINTMENT
The members of the CGEAF shall be appointed as follows:
As regards employees from undertakings or establishments situated in France, the
trade union organizations shall appoint their members from among their elected
representatives on the works councils or establishment-level works council or their
trade union representatives, the seats being allocated on the basis of the terms and
conditions set forth in Law No 83-675 of 26 July 1983 on the democratization of
the public sector, supplemented by Law No 84-103 of 16 February 1984 and by
decree No 97-795 of 21 August 1997.
The results taken into account shall be those of the most recent elections of employees’
representatives to the Board of Directors of the Air France Group held on 2 October
1997.
The 10 seats shall be divided among three separate electoral colleges:
• ground staff college: 8 seats, including one reserved for executives
• cabin staff college: 1 seat
• cockpit staff college: 1 seat
The employees of undertakings or establishments situated in another state shall be
appointed or elected in accordance with the rules of the implementing law of each
country, or in the absence thereof, in accordance with the rules or practice on
employee representation applicable in these countries.
Members are appointed for the duration of the term of office.
For each member, an employee shall be appointed who shall stand in for the member at
meetings should the appointed member be unable to attend. These deputies shall not be
convened unless the full member is unable to attend, but they shall receive the
information sent to members of the CGEAF.
However, the loss of the capacity of member of a national employee representation
body or the loss of a trade union mandate in the undertaking shall entail the loss of the
mandate on the CGEAF.
In this case, the seat in question shall be allocated to the deputy who has been
appointed for the remainder of the term of office.
ARTICLE VII
FREQUENCY OF MEETINGS
The CGEAF shall meet for one day, once at year, at the head once of Air France (45,
rue de Paris, in Roissy). The agenda shall be drawn up by the Chairman and the
Secretary who shall send it to members of the CGEAF twenty days before the date of
the annual meeting.
However, should no agreement be reached on the contents of the agenda, this shall be
determined by the Chairman and sent to members of the CGEAF ten days before the
date of the meeting.
The delegation of employees’ representatives and the observers may hold a preparatory
meeting the day before the plenary meeting.
The language of the CGEAF is French. Consequently, meetings shall be held in French
and each member should preferably have a basic knowledge of this language.
However, interpretation facilities will be available at the request of representatives of a
country present in the CGEAF.
The Secretary shall be responsible for drawing up minutes of the CGEAF meeting in
French and in English and these shall be distributed to the members of the CGEAF
once they have been approved by both the Chairman and the Board.
The employees’ representatives delegation on the CGEAF may meet without the
Management being present, at the request of the Secretary and after consultation with
the Chairman, holding a maximum of two meetings a year. The Secretary shall take
responsibility for organizing these meetings.
In order to deal with certain specific subjects falling within its area of competence, the
CGEAF may decide on specific occasions to create a working group from among its
members, chaired by an employees’ representative. The principle of establishing these
groups, the topics they cover, their composition, their tasks and their duration must be
determined by the CGEAF with the agreement of the Chairman.
ARTICLE VIII
ROLE OF THE BOARD
a) The Board acts as the permanent correspondent of the Management for all issues
relating to the operation of the CGEAF, such as setting the dates of meetings, the
practical organization of meetings and the items on the agenda falling with the area of
competence of the CGEAF.
Apart from extraordinary meetings, the Board shall meet three times a year. One of
these meetings shall be devoted to preparing the annual CGEAF meeting.
The Chairman and and/or the Vice-Chairman may attend Board meetings.
The Secretary shall draw up minutes of Board meetings which shall be sent to
members of the CGEAF.
b) Should exceptional circumstances arise which effect employees’ interests to a
considerable extent and which fall within the area of competence of the CGEAF, a
single extraordinary meeting of the CGEAF shall be organized with the agreement of
the Chairman. In this context, the Board shall meet to prepare for this.
The Board meeting shall be held as soon as possible after the start of the information
and consultation procedures within the local employee representation bodies
concerned. This shall be a single preparatory meeting for an exchange of views and
dialogue on the measure in question, and the Secretary shall prepare minutes of this
meeting for the members of the CGEAF.
The Chairman and/or the Vice-Chairman shall attend the Board meeting.
After the Board meeting, convening notices shall be sent out within one week, along
with a written report and, if appropriate, analyses from local representation bodies.
However, failure to pass on these analyses may not delay the procedure.
Whatever the circumstances, the provisions of Articles 7 and 8 are not such as will
hinder the progress of the procedures initiated before the local representation bodies
and may not replace them. Neither the Board nor the CGEAF may reduce or interfere
with the competence of these national institutions.
ARTICLE IX
RESOURCES
Time-off rights
Members of the Board each have annual time-off rights amounting to six working days
in total.
These time-off rights shall be added, if appropriate, to the time-off rights which
members of the Board have under the terms of their local employee representation
mandates.
The time spent at preparatory meetings, at plenary meetings, at meetings of the
employees’ representatives delegation and at any meeting convened with the
agreement of the Management of the Air France Group, as well as the time spent
travelling to these meetings shall not be deducted from these time-off rights.
Annual time-off rights amounting to one day shall be granted to each member and
observer on the CGEAF, apart from members of the Board. In addition, to take into
account special situations, overall annual time-off rights amounting to 15 days shall be
granted to employees’ representatives, to be distributed at the proposal of the Board,
which shall inform the Management of this beforehand. Should an extraordinary
meeting be held and depending on the needs identified, additional time-off rights may
be granted.
These time-off rights may not be carried over from one year to the next.
Operation
The Air France Group shall bear the operating charges of the CGEAF for all meetings
convened within the context of its assignment and in particular the costs of travelling,
accommodation and meals incurred by the employees’ representatives.
The time spent at meetings by members of the CGEAF shall be considered working
time and shall be paid on the normal due date.
In addition, if meetings coincide with public holidays, leave or rest days, arrangements
shall be made in consultation with the local hierarchy of the parties concerned to make
up these days.
The Air France Group shall provide the material resources needed for CGEAF
meetings to run smoothly. In particular, it shall ensure the presence of a stenotypist at
plenary meetings of the CGEAF, and the minutes shall be distributed to the Board.
The Management of the Air France Group, along with the Board, shall seek all
possible means of allocating the resources which may prove necessary for the
operation of the CGEAF and the Board (room, technical and communication facilities,
documentation, arrangements for covering traveling expenses). A protocol on this
subject shall be negotiated within two months of the establishment of the CGEAF.
Travel arrangements for members of the Board
Every year members of the Board may benefit from four free travel orders, apart from
meetings convened with the agreement of the Chairman, for the exercising of their
duties, with S1 tickets being issued within the European Union. Journeys shall be
undertaken in line with the regulations on official travel
Training
The members of the CGEAF shall be entitled to an eight-day collective training course
during their term of office to prepare them to fulfil their specific mandate and its
developments. The cost of this training and the ensuing expenses it shall be borne by
the Air France Group once the dossier has been accepted. The employer shall maintain
members’ salaries.
The training organization shall be an organization approved in accordance with the
applicable legislation and/or recommended by the European Trade Union
Confederation, together with the Board.
The contents of the training courses shall be defined by mutual agreement between the
Board and the Chairman. They may in particular cover economic aspects, knowledge
of the Air France Group and its subsidiaries, or Community social legislation.
ARTICLE X
EXPERT ASSISTANCE
The employees’ representatives delegation on the CGEAF may be assisted by an expert
of its choice who shall attend preparatory meeting, Board meetings and plenary
meetings, as well as meetings of employees’ representatives.
To this end, the expert shall have access exclusively, and at the same time as the
employees’ representatives, to the same documents as the latter.
A ceiling of 120,000 F shall be placed on the budget granted by the Management for
this assistance for the entire duration of the term of office. Should additional funds
prove necessary, the conditions under which these may be granted shall be examined
by the Board and the Management.
ARTICLE XI
PROTECTION
The members and the observer on the CGEAF shall enjoy the same protection and the
same guarantees as those provided for employees’ representatives by national
legislation and/or the practices applied in the country in which they are employed.
ARTICLE XII
OBLIGATION TO BEHAVE WITH DISCRETION
The members of the CGEAF as well as the expert referred to in Article 10 have a
general obligation to treat all documents or information provided as such by the
Management of the Air France Group with discretion and confidentiality. Moreover,
all confidential documents or information shall be clearly marked ‘Confidential’.
ARTICLE XIII
DURATION OF THIS AGREEMENT
This agreement is concluded for a fixed period of four years and is governed by the
provisions of the law of 12 November 1996.
The results of its application shall be assessed after two years with a view, if necessary,
to revising and adapting this agreement. Decisions shall be taken with the support of
the Chairman and the majority of the CGEAF members.
When this agreement expires, it may not be extended and this protocol may not be
converted into an agreement of indefinite duration. Negotiations shall begin eight
months before it expires with a view to defining a new protocol.
It shall take effect on the date of registration.
Drawn up in Roissy, on 25 November 1997 for the Air France Group.
(signed)
Jean-Cyril SPINETTA
For the Special Negotiating Body
H. BECKMANN (signed) G. THACKERAY (signed)
Germany Great Britain
H. ZEMANEK (signed) A. VAKIRTZIS (signed)
Austria Greece
A. HAILLEZ (signed) V. ONORATO (signed)
Belgium Italy
C. IGLESIAS (signed) G. VAN EDE (signed)
Spain Netherlands
F. CABRERA (signed) P. BRYANT JORGE (signed)
France Portugal
P. BONNEFOUS (signed) M. COLLINS (signed)
France Sweden
J.L. SECONDI (signed)
France Denmark
A. OSCAR (signed) A. CHIKH
France Swiss Observer
G. REGNIER (signed)
France
J.BENSARD (illegible) (signed)
France
For the trade union organizations
FST (signed) SGFOAF (signed)
The CGT Air France (signed) SCFOAF (signed)
UGICT-Air France (signed) SPASAF/CFDT (signed)
CFE-CGC (signed) SPAC
CFTC SNPL
SNMSAC (signed) SNOMAC
USAF SPAF
SUD AERIEN SNPNAC
SNPNC (signed)
UNAC
Other trade unions (provided they are representative)
ANNEX 1
THE STRUCTURE OF THE AIR FRANCE GROUP IN EUROPE AS AT 1
SEPTEMBER 1997
A) CONTROLLING COMPANY
GROUPE AIR FRANCE
B) SUBSIDIARIES AND SUB-SUBSIDIARIES
Air France Finance (100%)
Frequence Plus (99.76%)
AF Consultants (99.76%)
ARENIA (99.76%)
SODECOM (99.40%)
SOTRAV Atlas Voyages (58.30%)
Crimee Voyages (100%)
SODESI (99.76%)
France Aviation (99.90%)
Air France Finance Ireland (100% - ireland)
SODETAIR (100%)
Société Immobilière Aéroportuaire (96%)
Air Charter (100%)
Société d’Exploitation Aéronautique (90%)
SERVAIR (75.25%)
ACNA (100%)
CESAF (100%)
ADR (70%)
SOGRI (51 %)
SORI (50%)
Orly Air Traiteur (Servair 56% + GAF 10%)
ServairChannel (100%)
NORDRAIL (51%)
SERESE (100%)
CPA (99.99%)
Jet Chef (100%)
SERVIRAIL (100%)
CMEA (100%)
ServairAsie (100%)
PARFICOM (GAF 94.67% + AFF 0.33%)
Jet Tours (GAF 84.88% + PARFICOM 11.99% + AFF 1.92 %)
Jet Loisirs (100%)
Jet Hotel (100%)
Tamaris (50%)
Jet Eldo (100%)
Jet Fl (99.93%)
Jet Marques (100%)
Jet Tours GmbH (100 % - Germany)
Palmajet (100% - Spain)
Club del Mar (74.07% - Spain)
Jet Tours UK (100% - Great Britain)
SODEXI (60%)
CRMA (99.99%)
SODETRAF (74.95%)
Aérocourtage (AF 99% + AFF 1%)
EUROBERLIN (51 %)
Heathrow Cargo Handling (50% - Great Britain)
Air France Servisair (51% - Great Britain)
ESTEREL (57.20%)
ANNEX 2
WORKFORCE OF THE AIR FRANCE GROUP IN EUROPE AS AT 1
SEPTEMBER 1997
(local and expatriate staff)
Delegation/Country Workforce Seats
DR Greece and Cyprus
Greece 45 1
DR Benelux
Belgium 61 1
Netherlands 55 1
DR Gerrnany
Germany Air France 446) 446 4
Jet Tours GmbH 0 )
DR Central Europe
Austria 136 1
Switzerland 32 1 obs.
DR Great Britain and Ireland
Ireland Air France 12 )
Air France Finance Ireland 0 )
Great Britain Air France 190)
Heathrow Cargo Handling 68 ) 590 4
Air France Servisair 320)
Jet Tours UK 0 )
DR Spain and Portugal
Spain Air France 180)
Palmajet 29 ) 243 2
Club del Mar 43 )
Portugal 39 1
DR Italy-Malta-Albania
Italy 206 2
DR Scandinavia and Finland
Denmark 27 )
Finland 12 ) 52 2
Norway 13 )
Sweden 49 1
Subtotal Europe 1,954 20
France 10
TOTAL 30
+ 1 Swiss observer
+ 1 FTTU representative