THE ETUI WORKER PARTICIPATION COMPETENCE CENTRE (EWPCC)

ETUI Research – Officers Meeting 9.3.2010

Source for the European Worker Participation Fund (EWPF): (partial) transfer of remunerations by SE board level reps

„As an SE employees’ representative nominated by the European interest representing body as a member of the supervisory board or administrative board of (name of the company)...“

6

50% to national trade union (related) organisation

(at least) 50% to EWPF

Implementation of the EWPF – 2009/2011

66 worker representatives concerned by the ETUC 66 worker representatives concerned by the ETUC rules about (partial) transfer of their rules about (partial) transfer of their

remuneration remuneration

18 SEs: MAN Diesel, Allianz,

FRESENIUS,PORSCHE HOLDING, BASF, SGL CARBON, MAN, Surteco, Knauf Interfer, RKW, ASIC, DVB

Bank, Q-Cells, WILO, tesa, Wacker Neuson, GfK, E.ON EnergyTrading

4 EIFs: EMF (6), EMCEF (6), UNIEurope (3 Finance, 3 others), EPSU (1)

European Worker Participation Competence CentreWorking unit to realize the EWPF, located at the ETUI

Measures to provide support for interest representation in SEs

● Trainings and seminars for obtaining qualifications and competencies

● Advisory services and setting up of topical European advisory networks

● Research and expertise on the practice and further development of worker participation in Europe

● Publications (brochures, handbooks, ...)

● Support to SE board reps in technical personal questions like tax treatment, deal with liability etc.

TRANSPARENCY RULES FOR APPLICATION

UPCOMING EWPCC – EVENTS (2010) - Examples

Training: Information treatment, confidentiality and strategy building by worker participation at board level,Helsingør, DK, 17-19.3.2010

Seminar: Corporate Governance and worker participation – an issue for the EU agenda, Brussels 1-3.6. 2010

EWPCC events operating together with EIFsEWPCC events operating together with EIFs

Meeting: UNIEuropa – Allianz trade union network meeting 25+26.2.2010

Meeting: EMF-meetings to support preparation and implementation of worker participation at EU level (EADS, Utility vehicle industry), Nov 2010

EWPCC events operating with other collaborators

Conference: The voice of labour: essential for overcoming the economic and financial crisis; Amsterdam; collaboration with „apropos-foundation“ (related to Dutch FNV) Oct/Nov 2010

mstollt@etui.org - www.worker-participation.eu

mstollt@etui.org - www.worker-participation.eu

Europeanization of interest representation – EWC „plus“

?

?

•SE agreements of the SE pioneers set

benchmarks or negative references

for further SEs•Worker participation spreads through SE

agreements•European composition of board rooms

However: Worker participation in boardrooms - element of corporate governance

● APPOINTMENT OF MEMBERS OF THE SUPERVISING AND EXECUTIVE BOARD OF MANAGEMENT

● SAY IN MANAGEMENT REMUNERATION

● MONITORING OF EXECUTIVE MANAGERS

● INFLUENCE ON (DE)INVESTMENTS BY REQUIREMENT OF SUPERVISORY BOARDS’ APPROVAL

● SCRUTINY OF ANNUAL ACCOUNTS

● DUTY OF CARE AND CONFIDENTIALITY

European democracy: reason to launch worker participation onto the EU internal market agenda

Companies and investors are facilitated to use their opportunities (e.g. EU company law, SPE)

But what does Europe provides for workers involvement?

ETUC debate:- No company applying for EU company law without

arrangement about workers involvement- Provision for a place of supervision in the company structure- Legal competence to negotiate at transnational level- Own voice for trade unions in CG matters

mstollt@etui.org - www.worker-participation.eu

Worker involvement in the "normal SEs“ – participation spreads

At least 54 SEs have arrangements on information and consultation at transnational level

28 SEs have board-level representation (ca. 80 reps from 10 countries):

● registered in Germany: Allianz, BASF , Fresenius, MAN Diesel, MAN, Porsche Automobil Holding, SGLCarbon, SCA Hygiene ProductsASIC, DVB Bank, Eon-Energy Trading, GfK, Knauf Interfer, Lenze, Q-Cells, RKW, Surteco, Tesa, Warema, WILO, Wacker Neuson

● registered in Austria: STRABAG, Plansee, Conwert Immobilien Invest● registered in France: SCOR (3 SEs)● registered in Norway: Prosafe

Information flow in transnational context

PREPARATION

THEMATIZATION

FEED BACK

BOARD MEETINGTRUST ?

Bottom up

Top Down

mstollt@etui.org - www.worker-participation.eu

SE categories (used by SEEurope network)

Normal SE: A normal SE is an SE with operations and employees (with at least 5 employees)

131

Empty SE: An empty SE is an SE with operations, but without employees.

72

Shelf SE: Shelf SEs have neither operations nor employees.

69

UFO SE: An UFO SE is operating, no information on number of employees is available+ „Micro SEs“ (< 5 employees)

238

Total 510

mstollt@etui.org - www.worker-participation.eu

510 European Companies (SEs), seated in 22 countries

mstollt@etui.org - www.worker-participation.eu

Sectors in which (normal) SEs have been set-up

mstollt@etui.org - www.worker-participation.eu

Forms of Foundation (normal SEs)

● Activated shelf SEs is not a „sleeping problem anymore“

● National companies in general continue to exist

mstollt@etui.org - www.worker-participation.eu

Board structure of normal SEs

● Germany: 27 monistic 41 dualistic

● Austria: 5 monistic 2 dualistic

● Czech Rep.: 0 monistic 17 dualistic