“"Codes of Conduct and International Framework Agreements: from CSR to
Collective Agreements, a step forward to anticipate and manage changes.
A training path for trade unionists in the finance sector“ (Budget Heading
With EU contribution 04.03.03.02 - VP/2012/002/0092) ” VS/2012/0276
From CSR to Transnational
Collective Bargaining:
a European pathway for participatory management of change
Domenico Iodice – APF Research Department
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A training path for trade unionists in the finance sector“ (Budget Heading
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The globalized context
The 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
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The 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).
The reasons for a negotiating
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De-territorialization of legal relations
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
The reasons for a negotiating
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The context of the EU crisis
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
The reasons for a negotiating
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The problems emerged: a legal framework schizophrenic
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.
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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EU: which address of legislative policy?
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.
Autarky of the collective parties
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EU: the classificatory choice
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.
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)
Autarky of the collective parties
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EU: effects of classificatory choice
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 enterprises
They are designed to promote the homogenization of the principles
affirmed, generally based on principles ILO (International Labour
Organization) on international relations and working conditions
Involving 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.
Autarky of the collective parties
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The role of ITUC, GUFs and IOE
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.
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.
Autarky of the collective parties
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The 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:
International framework agreements and global (International
or Global framework agreements: Ifas / GFA) and the European
framework agreements (EFAs).
The first are signed by the management of multinational
corporations and the Global Union Federations (GUFs). The
latter, by management and by the European Industry
Federations (European Industry Federations: EIFS) and / or
European Works Councils (European Works Council: EWC) of
the multinational.
Autarky of the collective parties
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A 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).
Transnational Collective Bargaining
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The 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.
Transnational Collective Bargaining
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Diagram of "strong bargaining"
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
Transnational Collective Bargaining
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Diagram of "weak bargaining"
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
Transnational Collective Bargaining
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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
Transnational Collective Bargaining
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Transnational 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 legislation
One 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.
Transnational Collective Bargaining
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The 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 project
It 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
Transnational Collective Bargaining
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Essence of the TFAs
The 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
Transnational Collective Bargaining
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Driving role of TFAs
The 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").
Transnational Collective Bargaining
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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
Transnational Collective Bargaining
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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 distinction between IFAs and EFAs
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 nonmeasurable, 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".
Transnational Collective Bargaining
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Certain effects of IFAs and EFAs
These create the responsibility of implementation of the agreement ...
In the head ... but only to the signatory parties (even if par. 3 of the ILO
Recommendation 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 legal
National courts may interpret the good faith implementation of the
framework agreement
Transnational Collective Bargaining
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Origin and evolution of IFAs
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
27
statements of CSR.
Codes from unilateral to IFAs /
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The trade union response to the legislation unilateralizzazione
Unions know they have to move the field of comparison by collective
bargaining traditional transnational scope, no man's land
Exert pressure on national governments, the EU is to achieve a framework
law for multinationals
Obtained, 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.
Codes from unilateral to IFAs /
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CSR and IFA’s: a curious syncretism
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 agreements
And 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).
Codes from unilateral to IFAs /
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A quantitative dimension
. 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
Codes from unilateral to IFAs /
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Strategies and motivations of the actors: trade unions
Be formally recognized as interlocutors transnational
Ensure the defense of human rights, trade unions and labor at the global
level
Extend the scope of the associated companies
Open new channels of negotiating new issues
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
Codes from unilateral to IFAs /
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Strategies and motivations of the actors: firms
IFAs consider the mechanism of development of social dialogue, not a
qualitative leap towards international industrial relations
Use agreements as a tool for CSR, in order to strengthen the psychological
impact to consumers and investors
Actuate the agreements as an instrument of internal alarm, to avoid public
campaigns
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.
Codes from unilateral to IFAs /
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The negotiation process
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.
- 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.
The negotiation process
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Collective Agreements, a step forward to anticipate and manage changes.
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The project
(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.
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 IFAs
The 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“.
The negotiation process
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“"Codes of Conduct and International Framework Agreements: from CSR to
Collective Agreements, a step forward to anticipate and manage changes.
A training path for trade unionists in the finance sector“ (Budget Heading
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Effectiveness of transnational bargaining: first conclusions
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
The negotiation process
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“"Codes of Conduct and International Framework Agreements: from CSR to
Collective Agreements, a step forward to anticipate and manage changes.
A training path for trade unionists in the finance sector“ (Budget Heading
With EU contribution 04.03.03.02 - VP/2012/002/0092) ” VS/2012/07
The regulatory content, thematic areas
The common purpose to all TFAs is to ensure the same principles of
protection of the rights to all employees of the globalized economy (socalled 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 negotiated contents
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Collective Agreements, a step forward to anticipate and manage changes.
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With EU contribution 04.03.03.02 - VP/2012/002/0092) ” VS/2012/07
Some of the issues of greatest impact
The right to organize and collective bargaining. It is the central matter of
the accession and accountability unions, the introduction of clauses
neutrality (Electrolux)
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 risks
The aspect pay is treated as accompanying measures and health protection,
or as a financial participation (Air France, 2005)
The negotiated contents
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Collective Agreements, a step forward to anticipate and manage changes.
A training path for trade unionists in the finance sector“ (Budget Heading
With EU contribution 04.03.03.02 - VP/2012/002/0092) ” VS/2012/07
Some of the issues of greatest impact
The working time is an occasion for provisions that recognize the
importance of a healthy balance between work and leisure (Electrolux)
Flexibility: 20 agreements contain provisions that reduce the possibility of
unstable relationships. Gea and Norske Skog, thus stating the exceptional
nature
Training: the principle of life-long learning through all the European
agreements on corporate restructuring and even career paths
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
The aspect pay is treated as accompanying measures and health protection,
or as a financial participation (Air France, 2005)
The negotiated contents
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Collective Agreements, a step forward to anticipate and manage changes.
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Restructuring and “ crisis agreements "
Guarantees of individual protection to avoid layoffs and compensation
payments (Daimler-Chrysler 2006)
Working conditions in the event of transfers
Accompanying measures
Mobility intra-group (Alstom 2011)
Retraining (Alstom)
Part-time
Procedural rights with the possibility of a proposal to the parent of
alternatives to dismissal
Rights monitoring and control arrangements in time data
The negotiated contents
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Legal validity of TFAs/EFAs
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?
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.).
Legal force of agreements
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Legal status
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.
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
Legal force of agreements
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The legal framework
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.
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)
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Legal force of agreements
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Personal scope of application (extension)
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 individual
Even 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
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 contracts
Or 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.
Legal force of agreements
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The 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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Legal force of agreements
“"Codes of Conduct and International Framework Agreements: from CSR to
Collective Agreements, a step forward to anticipate and manage changes.
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With EU contribution 04.03.03.02 - VP/2012/002/0092) ” VS/2012/07
Implementing 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
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most effective control is carried out daily by workers
Legal force of agreements
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Collective Agreements, a step forward to anticipate and manage changes.
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Dispute 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 disputes
The 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
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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