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annual report - FIAT SpA

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There was also intensive collective bargaining at various levels, resulting in major agreements being reached with<br />

trade unions on pay and employment conditions in most countries where Group companies operate.<br />

Social dialog<br />

At the European level, the Fiat Group European Works Council (EWC), a representative body for employees of Group<br />

companies located in the European Union, took part in information and consultation on the Group's activities, as<br />

provided under EU Directive 2009/38/EC, with particular reference to issues having a transnational impact. Established<br />

in 1997, the EWC is composed of 30 representatives and its membership reflects the geographic distribution of Group<br />

employees in Europe. On April 22nd, the day after Fiat Group presented its 2010-2014 Business Plan to the financial<br />

community, there was an extraordinary meeting of the EWC during which management provided a detailed plan for<br />

each sector, together with an explanation of the rationale behind the demerger announced the previous day. The Plan<br />

also highlighted Fiat's strategy to prepare for the recovery. Concrete and detailed information was also provided on the<br />

Group's overall strategy and there was an opportunity for a mutually beneficial exchange of views. The <strong>annual</strong> plenary<br />

session (held in Turin on December 10th) was primarily dedicated to providing additional information and a status<br />

update on the demerger of the capital goods activities, in addition to the October 28th agreement on amendments to<br />

the existing EWC agreement made necessary by the demerger. That agreement – signed by FIM, FIOM, UILM,<br />

including in the name and on behalf of the European Metalworkers Federation (EMF) and affiliated trade unions, and<br />

FISMIC, and adhered to by ANQUI, in the name and on behalf of the Fédération Européenne de l’Encadrement de la<br />

Métallurgie (FEDEM), and SNI Fiat France – provides for the establishment, once the demerger takes effect, of<br />

separate European Works Councils for Fiat and Fiat Industrial consisting of 20 and 18 members, respectively, and<br />

each governed by a specific agreement based on the Fiat Group agreement established in 1996. During the course of<br />

the meeting, however, the representative from EMF took the position (speaking also on behalf of the members of the<br />

EWC) that the agreement was not valid, in particular the provisions relating to the Fiat Industrial EWC, stating that the<br />

Italian trade unions did not have the mandate to sign the agreement. Expressing surprise at this position, management<br />

stated that it considered the agreement fully valid, having negotiated in good faith with those whom it believed to be<br />

legitimate counter-parties, and asked EMF to formalize its position taking into consideration the consequences of<br />

decisions made and reserved its right to undertake the appropriate review of the situation, with legal counsel if<br />

appropriate, once such formal communication is received. As of the date of the <strong>report</strong>, no such communication had yet<br />

been received. In contrast with the request of the Company, during the first half of February 2011, employee<br />

representatives from two Group companies outside Italy sent requests to Fiat Industrial to start negotiations for the<br />

establishment of an EWC.<br />

In Italy, dialog continued with the trade unions at both national and local level and focused primarily on management of<br />

low production volumes and the consequent under-utilization of production capacity. An important element laying the<br />

foundation for the social dialog going forward was the meeting between the Group's CEO and numerous<br />

representatives of the Italian trade unions following the Investor Day presentation on April 21st. With reference to the<br />

2010-2014 Business Plan, the CEO reiterated that a pre-requisite for implementation of the Plan – and, therefore, for<br />

launch of the associated program of investments – would be full willingness and agreement to implement conditions for<br />

its success, including those that would ensure the governability of plants. Several meetings to discuss implementation<br />

of the Plan in Italy, included a meeting organized by the Minister for Labor and Social Policy in collaboration with the<br />

President of the Region of Piedmont – attended by all national and sector trade union organizations – which was held<br />

in Turin on 28 July 2010 to discuss FGA's industrial development strategy and the impact on jobs. During that meeting,<br />

the Group CEO confirmed the Plan’s scope and objectives and reiterated that, before proceeding, Fiat needed<br />

certainty, through specific agreements with the unions, as to normal operating conditions at plants and the ability to<br />

respond to the demands of the market with the speed and in the manner needed to be able to compete internationally.<br />

The first plant where negotiations relative to the Plan were conducted was the G.B. Vico plant in Pomigliano.<br />

Discussions focused on methods for proceeding with production of the future Panda (as announced by the Group CEO<br />

at Palazzo Chigi in Rome on 22 December 2009) and for creating the operating conditions necessary to initiate the<br />

€700 million investment program, by overcoming certain local issues whose continued existence could jeopardize the<br />

end result. On 15 June 2010, after 3 months of complex negotiations, an agreement was reached with FIM, UILM,<br />

FISMIC and UGL Metalmeccanici and approved by 63.3% of workers in a referendum held on June 22nd. That<br />

agreement, which received significant media coverage, was the subject of vigorous debate at local and national level<br />

and was interpreted variously by a wide range of commentators who, in many cases, for propaganda purposes have<br />

assigned value and meaning to clauses in the agreement that do not reflect their real content. On 29 December 2010,<br />

a specific national agreement was established with FIM, UILM, FISMIC and UGL Metalmeccanici (both national<br />

representatives and those for the Province of Naples), and the Association of Fiat Middle Managers, based on the<br />

preliminary agreement of June 15th. That collective labor agreement will apply to Società Fabbrica Italia Pomigliano<br />

from 1 January 2011, which does not adhere to the Confindustria system and, therefore, does not apply the<br />

Confindustria agreements.<br />

With reference to the Mirafiori plant, discussions were held with government and trade unions on July 28th and again<br />

with trade unions on July 29th and October 5th. Negotiations to define conditions and operating methods necessary for<br />

Report on Operations Human Resources<br />

33

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