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

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Cross-border social dialogue and agreements<br />

and should not put at risk nor undermine collective bargaining achievements<br />

at other levels (ICFTU, 2004b).<br />

Both the ICFTU and the ETUC share a positive but cautious<br />

approach to transnational social dialogue and collective bargaining at<br />

company level, stressing in particular that employees must be represented<br />

by trade unions and that transnational social dialogue at that level, as well<br />

as its outcome, should not undermine collective bargaining at other levels.<br />

Next steps<br />

Between 2004 and 2007, the initiative of the Commission evolved<br />

and gained in focus: the proposal that initially involved a “Community<br />

framework for transnational collective bargaining” embracing transnational<br />

collective bargaining at company, trans-border and sectoral levels,<br />

now concerns an optional framework for European framework agreements<br />

that are signed by EWCs in most cases.<br />

Recognizing that launching a legislative proposal for a framework<br />

for transnational collective bargaining and the associated formal consultation<br />

of the social partners would be premature at this stage, the Commission<br />

intends to take stock of the situation and make proposals for further<br />

steps in a communication now planned for mid-2008.<br />

References<br />

Ales, E. et al. 2006. “Transnational collective bargaining: Past, present and future”. Final<br />

report to the European Commission, Directorate General Employment, Social<br />

Affairs and Equal Opportunities, (Brussels). Available at: http://ec.europa.eu/<br />

employment_social/labour_law/docs/transnational_agreements_ales_study_en.p<br />

df [20 Jan. 2008]<br />

Ales, E. Forthcoming. “Establishing an optional legal framework for an EU transnational<br />

collective bargaining system: Grounds, instrument and contents of a suitable<br />

EC law intervention”, Discussion Paper Series (International Institute for<br />

Labour Studies, Geneva).<br />

European Trade Union Confederation (ETUC). 2004. ETUC’s comments on the Commission<br />

communication “Partnership for Change in an Enlarged Europe:<br />

Enhancing the Contribution of European Social Dialogue”, adopted by the<br />

ETUC Executive Committee, (Brussels), 1 Dec. 2004. Available at: http://<br />

education.etui-rehs.org/en/eu_information/library/6aDSFutpers-EN4-adopted.<br />

pdf [Dec. 2007].<br />

234

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