CROSS-BORDER SOCIAL DIALOGUE AND AGREEMENTS: An ...

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Cross-border social dialogue and agreements recent IFAs increasingly address workplace and corporate social responsibility (CSR) issues. While set up for the purpose of information and consultation, and not negotiation or bargaining, EWCs are, however, involved in transnational collective bargaining through IFAs and EFAs. Through involvement in the negotiation and signing of about a dozen IFAs, EWCs have concluded EFAs with about 20 MNEs since 1996. Most EFAs have been signed with MNEs based in Europe, but also with European subsidiaries of MNEs headquartered in the United States (US). Most EFAs have a regional, that is, European, geographical scope, and are largely focused on workplace issues. Towards a European Union framework for transnational collective bargaining In 2004, the European Commission announced an initiative concerning transnational social dialogue at company level, which would supplement the existing structure of European social dialogue. First Commission announcement The Commission made a first reference to its intention to propose a European framework for transnational collective bargaining in its 2004 communication on social dialogue, where it noted that: … interest in and the importance of transnational collective bargaining ha[ve] been increasing in recent years, particularly in response to globalisation and economic and monetary union. EWCs are adopting a growing number of agreements within multinational companies which cover employees in several Member States. There is also a growing interest in cross-border agreements between social partners from geographically contiguous Member States, as well as agreements between the social partners in particular sectors covering more than one Member State (European Commission, 2004, p. 11). In this first reference to transnational collective bargaining, the Commission referred thus to the company level as well as to the regional and sectoral levels, in particular framework agreements agreed by MNEs and their EWCs, and regional agreements between social partners. 224
A report on the European Commission for a European framework – Bé The Commission announced its intention to launch an initiative for a European framework for transnational collective bargaining when it said that it was “conducting a study of transnational collective bargaining” and that at a later stage it would “consult the social partners on their outcome regarding the development of a Community framework for transnational collective bargaining” (European Commission, 2004, p. 11). Second Commission announcement In the Social Agenda 2005-2010 adopted on 9 February 2005, the Commission restated its intention to establish a European framework for transnational collective bargaining as … providing an optional framework for transnational collective bargaining at either enterprise level or sectoral level could support companies and sectors to handle challenges dealing with issues such as work organization, employment, working conditions, training. It will give the social partners a basis for increasing their capacity to act at transnational level. It will provide an innovative tool to adapt to changing circumstances, and provide cost-effective transnational responses. Such an approach is firmly anchored in the partnership for change priority advocated by the Lisbon strategy (European Commission, 2005, p. 8). In its second reference to a proposed framework for transnational collective bargaining, the Commission clarified its scope, which would encompass transnational collective bargaining at enterprise and sectoral levels, but no longer referred to cross-border regional agreements. The Commission added that its proposed framework would clarify the nature of transnational collective bargaining and the consequences of possible agreements, by stating that it planned “to adopt a proposal designed to make it possible for the social partners to formalise the nature and results of transnational collective bargaining”. The Commission stressed, however, that its framework for transnational collective bargaining would “remain optional” and “depend entirely on the will of the social partners” (European Commission, 2005, p. 8). The initiative for a European framework for transnational collective bargaining was listed under the objective of promoting a European labour market rather than that of modernizing industrial relations. While the Commission stressed the “key role of the social dialogue” under the heading “A new dynamic for industrial relations”, underlining that it 225
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CROSS-BORDER SOCIAL DIALOGUE AND AG
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Published by the International Inst
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Cross-border social dialogue and ag
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Contributors Dominique Bé, an econ
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Contributors Nathan Lillie is Assis
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Acronyms BWI Building and Wood Work
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Introduction Konstantinos Papadakis
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Introduction - Papadakis each with
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Introduction - Papadakis above. Thi
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Introduction - Papadakis tices unde
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Introduction - Papadakis role of co
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Introduction - Papadakis veaux enje
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Chapter 1 International framework a
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International framework agreements:
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Chapter 3 International framework a
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International framework agreements
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Part 3 Legal dimensions 113
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Part 4 Varieties of dialogue and re
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Page 179 and 180: Cross-border social dialogue and ag
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