Activities of Olle LUDVIGSSON related to 2012/2292(INI)
Plenary speeches (1)
Cross-border collective bargaining and transnational social dialogue (short presentation)
Shadow reports (1)
REPORT on cross-border collective bargaining and transnational social dialogue PDF (198 KB) DOC (105 KB)
Amendments (29)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses,
Amendment 2 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
– having regard to Council Directive 2001/86/CE of 8.10.2001 supplementing the Statute for a European company with regard to the involvement of employees and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees,
Amendment 3 #
Motion for a resolution
Citation 6 c (new)
Citation 6 c (new)
– having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community,
Amendment 4 #
Motion for a resolution
Citation 6 d (new)
Citation 6 d (new)
– having regard to Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community- scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees,
Amendment 11 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
Amendment 12 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
– having regard to the ILO Tripartite declaration of principles concerning multinational enterprises and social policy (MNE Declaration) (1977),
Amendment 13 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the equal prominence of social rights and economic freedoms should be enshrined in the EU treaties;
Amendment 27 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas the asymmetry between global companies and local workforces and workers' representatives gives multinational companies management a considerable comparative advantage over labour when setting working conditions at international level;
Amendment 28 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. whereas those transnational company agreements should not undermine rights and obligations conferred to employees and employers by law and international conventions; whereas those transnational company agreements could positively complement existing labour law and international conventions; whereas systematic references to existing legal standards, in particular ILO conventions, can reinforce the legitimacy of transnational company agreements;
Amendment 41 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights the need to strengthen transnational social dialogue and cross border collective bargaining particularly at company level where it is currently under developed, establishing new channels for its development and, with it, balanced cross-border industrial relations; further stresses that transnational social dialogue can provide a setting for more efficient cross border collective bargaining;
Amendment 42 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1 a. Is concerned about the imbalance between social rights and economic freedoms and an unclear situation regarding the possibility of cross border collective actions including sympathy actions; considers that remedying to this imbalance is necessary to provide solid foundations to cross border collective bargaining and transnational social dialogue; calls therefore for using secondary legislation and the next treaty revision process to introduce a clear clause on social rights, including the right to strike, being treated equally to economic freedoms
Amendment 47 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that this resolution ifocuses concerned with European transnational company agreements concluded by European trade union federations and European employers either between trade unions and/or European trade union federations, on the one hand, and, on the other hand, individual companies and/or employers' federations, generally at sectoral level, and that the resolution does not concern international tFransnational companymework agreements (ITCFA) signed by international trade union federations with undertakings;
Amendment 53 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that in the medium term an optional European legal framework should be adopted for these European transnational company agreements in order to provide greater legal security, greater transparency, foreseeable and enforceable legal effects and for those agreements that follow this framework provisions;
Amendment 55 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Requests the Commission to prepare and start consultations with EU social partners following the procedure established in the Lisbon Treaty concerning a legislative proposal to set up a voluntary legal framework for transnational company agreements;
Amendment 81 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the application of such an optional legal framework should be optional for the social partners and companies and group of companies involved as well as based on flexibility and referral at national level in order to give the transnational company agreement legal effect;
Amendment 85 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for the representative European trade union federations to negotiate and conclude only European transnational company agreements; observes that, if a European trade union federation has not agreed any internal procedure for issuing a negotiating mandate, agreements may only be concluded by representative national trade unions; considers that European works councils should be fully involved in the negotiations;Highlights the value of parties to the agreements receiving negotiating mandates in order to fully involve national representative social partners without undermining national collective bargaining; further stresses that the legal mechanism of a mandate can be use for the multinational company to engage subsidiaries and possibly subcontractors and suppliers
Amendment 90 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Underlines the usefulness of national social partners signing adhesion agreements through which they could take over the content of Transnational Company Agreements in order to ensure national ownership and enforceability;
Amendment 92 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. considers that European works councils should be fully involved in the negotiations with European trade union Federations where applicable; notably as they are able to detect the need/opportunity for a TCA, initiate the process and pave the way for negotiations, help in ensuring the transparency and dissemination of information concerning the agreements toward the workers involved; welcome that some European trade union Federations have designed procedural rules to involve European works council;
Amendment 103 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recommends introducing extrajudicial alternative dispute settlement procedures; considers that, in European transnational company agreements, a first ad hoc contact pointjoint mechanism at undertaking level should be agreed in order to bring about solutions to conflicts between the contracting partiesfor instance encouraging the signing parties on a voluntary basis to agree on dispute resolution clauses in order to bring about solutions to conflicts between the contracting parties; suggests that these clauses may be based on alternative dispute resolution templates agreed and provided by the EU social partners at sectoral level;
Amendment 111 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recommends furthermore, at the same time as a second stage, introducing a European extrajudiciallabour-related alternative dispute resolution agency,tripartite body to devise and then implement a tenable solution for collective labour disputes with the participation of the contracting parties, in which context the dispute resolution agency should be convened at the joint request of the European social partners voluntarily and from case to case in order to settle conflicts extra judiciallyout-of-court;
Amendment 119 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends, in the medium term , in view of the increasing transnationalisationcross-border tendency of industrial relations, establishing over the next few yearsa consultation process with the social partners aiming at addressing the imbalances between social rights and economic freedoms and the unclear situation of cross border collective actions and in this context investigate the need for an independent three-tierripartite system of European labour courts;
Amendment 123 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Requests the Commission to prepare a proposal to be discussed with EU social partners in order to set up an EU alternative dispute resolution mechanism to handle transnational labour conflicts respecting the national industrial relations traditions and their specificities in the out-of-court settlement of collective labour disputes;
Amendment 129 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recommends the establishment of fundamental criteria for European transnational company agreements which the negotiating parties should discuss and whose outcome they should record in writing in order to prevent problems of subsequent interpretation and application; notes that the following points, in particular, should be covered: - the mandating procedure, i.e. clarification of the legitimaccapacity and representativeness of the negotiating parties between which agreements are concluded, - the place and date of conclusion of an agreement, - substantive and geographical scope, - the most favourable clause and the non- regression clause, - the period of validity, - the preconditions for denouncing the agreement and the dispute settlement procedures; - the subjects covered by the agreement; - the articulation rules with the national level of agreements, where applicable; - further formal requirements addressed to provide transparency and dissemination (deposit or registration to make the TCA public for all workers concerned and facilitate the implementation); - enforceability provisions;
Amendment 137 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes theand encourages further development of capacity building policies to support social partners, in particular trainings on the new optional legal framework and activities which the Commission is making available for exchanges of experience for social partners and experts, in order to support them, for example collecting examples, establishing databases and performing studies;
Amendment 139 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Encourages European social partners to make full use of the possibility of EU agreements as provided by article 155 TFEU, while fully respecting their autonomy;
Amendment 140 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Calls for a stronger role of the European Social Partners in shaping European policies; in particular calls for the social partners to participate in drawing up the Annual Growth Survey and to play a stronger role in monitoring progress achieved by Member States;
Amendment 141 #
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13 c. Calls for tripartite social summits to be reformed and strengthened; considered that their recommendations shall be duly taking into account by the European Council and respected during the European semester process;
Amendment 142 #
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13 d. Deplores the Commission's advise for Member states to decentralise wage negotiations; considers that central and coordinated wage agreements should be promoted, guaranteeing a decent wage, decent working conditions and an equal treatment of both employees and employers;
Amendment 143 #
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13 e. Encourages monitoring and exchange views on wage developments in relation to productivity, inflation and internal demand, unemployment and income inequalities, with the involvement in of the social partners, the European Parliament, Member states' governments and national parliaments, while respecting Article 153(5) of the TFEU and the autonomy of social partners;