Rehfeldt, Udo
Employee involvement in companies under the European Company Statute (ECS): SCOR SE
25 April 2011
The reinsurance group SCOR was the first French listed company to create a European Company (SE) with employee participation. Three parallel agreements secure employee involvement through a common SE works council for the SCOR SE and its two subsidiaries. This was an important progress, since with only 800 employees in Europe, the former SCOR group did not fall under the scope of the EWC Directive. With regard to participation, an employee representative who is elected by the employees worldwide was maintained on the group’s board of directors. In addition, a second employee director without voting rights was introduced who is appointed by the SE works council. This was an acceptable compromise for both sides of industry which was reached in the course of the negotiations.
Employee involvement in companies under the European Company Statute (ECS): MAN SE
25 April 2011
MAN was the first German company to create a SE, by the conversion of its subsidiary MAN B&W Diesel into MAN Diesel SE in August 2006. This was followed in 2009 by the conversion of MAN itself into MAN SE. Both management and the employee representatives were well prepared for negotiating an agreement on employee involvement. Management’s overall assessment is that the agreement is an acceptable compromise and will contribute to the internationalisation of the company. The employee representatives are also satisfied because codetermination rights have been secured and important rights have been obtained for the SE works council.
Employee involvement in companies under the European Company Statute
08 March 2011
The European Company Statute (SE) is based on the Council Regulation on the Statute for a European Company (2157/2001/EC) and on the Directive supplementing the Statute for a European Company with regard to the involvement of employees (2001/86/EC). It is one of the most important pieces of company legislation published so far by the European Union. Adopted in 2001, it has since October 2004 made it possible for companies operating in more than one EU Member State to reorganise their cross-border business under a single European label. This enables them to work under the umbrella of a single legal framework, thereby reducing the internal costs of operating in several countries. Employee involvement, including participation rights at board level, is the focus of this research report.
New law widens scope of Sunday trading
19 November 2009
In France, the principle of Sunday being a rest day is guaranteed by a law
going back to 1906. However, there are many exemptions for sectors of
economic activity that have to function seven days a week, such as transport,
healthcare and some parts of the retail trade, notably small food shops; the
latter are allowed to stay open until Sunday midday.
European and international framework agreements: Practical experiences and strategic approaches
22 June 2009
Transnational Framework Agreements are a new industrial relations instrument that encourages the recognition of social partnership across national borders and could lead to new forms of social regulation at global level. The rationale for taking the initiative to negotiate such agreements can be traced back to the effects of the globalisation of production structures and human resource strategies. This report explores the recent phenomenon of transnational agreements, including both international agreements which have a global scope of application, and European agreements which have a more regional scope. An executive summary is available.
Record abstention of employees in industrial tribunal elections
03 February 2009
On 3 December 2008, private sector employees and employers elected the
bipartite industrial tribunal [1] (/Conseil de prud’hommes/) members.
Employees’ abstention rate increased once again compared with the last
elections (74.5% compared with 67.3% in 2002), whereas it declined again on
the employers’ side (68.7% compared with 73.6%). In spite of improvements
for certain lists of candidates, the balance of forces between the various
organisations did not change fundamentally.
[1] www.eurofound.europa.eu/ef/efemiredictionary/industrial-tribunal
Renault to cut 6,000 jobs in France and Europe
12 January 2009
On 24 July 2008, the Chief Executive Officer (CEO) of Renault [1], Carlos
Ghosn, announced that the company intends to cut at least 5,000 jobs in
Europe due to the deteriorating macroeconomic climate (see European
Restructuring Monitor (ERM [2]) factsheet [3]). The geographical distribution
of the planned job losses was only specified after the summer. On 9
September, management presented a programme of voluntary redundancies, which
envisages the loss of 4,000 jobs in France, about 3,000 of which will concern
‘structural staff’ such as engineers, technicians and commercial
executives (see details in ERM factsheet [4]). In the Sandouville factory in
the Normandy region in northern France, 1,000 production jobs will be cut out
of a total 3,800 jobs.
[1] http://www.renault.com/renault_com/en/main/index.aspx
[2] www.eurofound.europa.eu/ef/emcc/erm/index
[3] www.eurofound.europa.eu/ef/observatories/emcc/erm/factsheets/renault-3
[4] www.eurofound.europa.eu/ef/observatories/emcc/erm/factsheets/renault-4
Government launches tripartite conferences and consultations on social reforms
03 February 2008
The tripartite conferences launched in October and November 2007 by the
French government, at the instigation of President Nicolas Sarkozy, have been
one element of numerous discussions held towards the end of 2007 on issues
regarding social policies.
New law obliges government to consult with social partners prior to labour reforms
03 June 2007
The 2007 Law on modernising social dialogue (in French) [1] provides for
compulsory consultations, before the government can propose any reforms on:
[1] http://www.legifrance.gouv.fr/texteconsolide/SPECE.htm
Working time agreement signed in metalworking sector
30 July 2006
After several months of negotiations, an agreement on working time [1]
reorganisation was signed on 13 February 2006 between the employer
organisation, the Union of Metallurgy and Mining Industries (Union des
industries métallurgiques et minières, UIMM [2]), and three trade union
federations: the French Confederation of Professional and Managerial Staff
– General Confederation of Professional and Managerial Staff
(Confédération française de l’encadrement – Confédération générale
des cadres, CFE-CGC [3]), the French Christian Workers’ Confederation
(Confédération française des travailleurs chrétiens, CFTC [4]), and the
General Confederation of Labour – /Force ouvrière/ (Confédération
générale du travail – Force ouvrière, CGT-FO [5]).
[1] www.eurofound.europa.eu/ef/observatories/eurwork/industrial-relations-dictionary/working-time
[2] http://www.uimm.fr
[3] http://www.cgc.fr/
[4] http://www.cftc.fr
[5] http://www.force-ouvriere.fr/