Cross border cooperation over negotiations

Publié: 10 Novembre 2008
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Participants



Edgardo Iozia



Michael Budolfsen

 Why couldn't all workers in a multinational company have the same working and employment conditions irrespective of in what country they work? Well, maybe they could. At least, this is one of the possibilities foreseen in the strategy on transnational collective bargaining that was adopted unanimously by the UNI-Europa conference on 7 November 2008.



The strategy defines collective bargaining as negotiations between trade unions and employers regarding the terms and conditions of employment of employees, and about the rights and responsibilities of trade unions. It is a process of rule making leading to joint regulation.

The aims of the strategy are twofold: to enhance cooperation and joint action among trade unions on collective bargaining across borders, and to manage transnational company agreements that regulate issues subject to collective bargaining.



Nevertheless, it is based on the fundamental principle that collective bargaining is, and will remain, the responsibility of national trade unions. Thus in most cases, UNl's role will be to facilitate cooperation between trade unions and coordination of negotiations in different member states, using a "method of open coordination". This means that the collective bargaining network, which is UNI-Europa's structure for this purpose, collects and disseminates information on national collective bargaining and developments in multinational companies, which enables trade unions to coordinate their efforts and benefit from each other's experiences when they negotiate the traditional collective agreements.



However, in multinational companies there would be room for actual cross-national agreements. Already today, some European works councils make agreements on various topics with mother companies, but these are not legally binding. There is no legal framework that authorizes works councils or trade unions, whether national or international, to conclude legally enforceable cross-national agreements (with exception of agreements on the establishment of European works councils and on workers involvement in European Companies).

UNI-Europa's collective bargaining strategy underlines that no agreement of a cross-national nature within multinational companies may put limits in any way on national collective agreements. Also, provisions in cross-national agreements will apply at national level only if they are more advantageous for the workers than the national provisions.



They should be implemented at national level through binding collective agreements, and the implementation must be based on national practices and respect the country's legal framework and collective bargaining system.

UNI-Europa will also work for the creation of a general cross-national dispute settlement system that secures autonomous interpretation of cross-national agreements and an implementation procedure that secures effective enforcement of their provisions.



The work with the strategy started over a year ago, and Michael Budolfsen from the Danish FSU expressed his satisfaction with the process that gave the national affiliates time to really discuss the proposal "at home".

Now we fully support the proposal, not least that it recognises that collective bargaining is the responsibility of national trade unions. This requires high rates of organisation and this is the real challenge here, especially in the Baltic countries and the states in central and Eastern Europe, Budolfsen said.