What's new on WORKER-PARTICIPATION.EU?

The Regulation on the European Cooperative Scoiety (SCE) requires the Commission to present a report on its application five years after its entry into force. The Commission launched a study which was finalised in October 2010. The responsible Directorate General Enterprise (the SME section) launched mid April 2011 a web-based consultation on the functioning of the European Cooperative Society, to which the ETUC has contributed with a critical assessment. In November 2011 the European Commission summarised the contributions received in a synthesis document. The SEEurope update report examines the key outcomes of the document. more

The purpose of this two-day seminar (12-13 March 2012) is to help workers’ representatives in supervisory or administrative boards of SEs to face one of the most complicated and most important responsibilities they have : to critically assess the financial data provided to them by their company. Indeed, only a thorough understanding of those data will enable them to have a clear view on the corporate strategies and consider employee-friendly alternatives. more

The German and French translation of the update on financial participation in Europe is now online. The section provides information on the national systems of financial participation in each of the 27 EU member states, basic data on profit-sharing and employee share ownership, the legal background, trade union positions and further links. German - French

By 1 December, the number of SEs in the European Company (SE) Database (ECDB) had reached almost 1,000: currently, the ECDB lists exactly 993 companies. Since the last News (1 September 2011), 85 new SEs have been registered. 25 European countries now host European Companies. more

Also our 'SE Facts and Figures' have been updated with the latest data.

In October 2001, the EU formally adopted the legislation on the European Company, also known by its Latin name Societas Europaea (SE). This handbook aims to ensure that the new opportunities for employee representation at European level which these new SE rules provide, are seized. It has been designed first and foremost to help practitioners to prepare and conduct negotiations on agreements on employee involvement in SEs. The handbook introduces the SE and its mechanism of employee involvement. It explains the negotiation procedures and provides ‘tips and tricks’ for a decent preparation of negotiations. Based on the experience of several experts, it gives an overview of key aspects of an SE agreement and includes an extensive set of overviews, graphics and comparative tables. more

17 European Member States and Norway have enacted legal provisions allowing for employee representation, with voting rights, on the supervisory board and/or board of directors of companies headquartered on their national territory. Additional provisions regulating Board-level employee representation [BLER] are to be found in several pieces of European company law. Even so, BLER remains a hotly debated topic at both national and European levels.
This report presents the ins-and-outs of BLER, describing the current situation, potential future developments, and the issues at stake. It aims to provide an overview of BLER rights as well as of the major trends to have emerged in recent years. In this way, information gleaned through the SEEurope network helps to answer a key question, namely, is BLER in Europe under pressure? (Available in English and German) more

The European Commission opened in July 2011 a consultation of the social partners on the possible review of the SE Directive. In the consultation document and a cover letter the Commission listed ‘three problematic areas’ concerning the rules on employee involvement contained in the Directive: (a) the complexity of the procedure for employee involvement; (b) the lack of legal certainty concerning certain aspects of the negotiation procedure; and (c) the concern that the use of the SE form could affect the rights to employee involvement granted by national or EU law. In the documents the European Commission raised four questions related to these areas. The national SEEurope experts reacted to the questions based on their expertise. In the meantime, both ETUC and Business Europe have reacted to the consultation document. more

The European Commission decided in July 2011 to reopen the consultation on the SE legislation. The new initiative was a first-phase consultation of the social partners under Article 154 TFEU on the possible review of Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees. The ETUC consulted the affiliates based on a draft submission paper that was formulated in cooperation with the ETUI’s SEEurope team. In summer 2011 the national SEEurope experts were also asked to react to the questions raised in the consultation documents based on their expertise. more

This year’s European Panel conference, organized by the Hans-Böckler and Friedrich-Ebert Foundations and the ETUI in cooperation with the German and European Trade Union Confederations, will take place on 8 and 9 November in The Hotel in Brussels.

Distinguished speakers will focus on the application of co-determination in Europe and will put forward demands to the European Parliament and Commission in order to develop and strengthen workers' participation across the EU. European Panel 2011 presents topics for future European debate and provides a forum for exchanging ideas with other participants from all over Europe.

For more information and registration, please contact Katharina Kruse, Tel.: +49.0211 - 7778-111

Download agenda:

The new issue of the News Bulletin is now online. more

There are currently some 40 sectoral social dialogue committees, which have produced a wide range of joint texts and agreements. Information on 20 further sectors has now been added to the collection of European Sectoral Social Dialogue Factsheets. more

Observers of the European Company legislative process identified the then-competing political projects as being driven in one case by the desire for harmonization, whereas the other focused on a flexible approach to regulating employee participation. Since the European institutions have definitively adopted the latter approach in the meantime, this reading became obsolete. This ETUI Working Paper proposes to adopt a new analytical framework that will help give better insight into what is at stake in the drafting of European legal rules on corporate governance and worker participation, such as the pending European Private Company Statute. more

As far as the establishment of SE is concerned the summer proved to be a very dynamic period. As of September 2011, a total of 909 registered SE companies were listed in the ETUI’s European Company Database (ECDB), 92 more than at the time of the previous update (June 2011). The significant growth in the number of SE registrations is still largely due to the establishment of shelf companies in the Czech Republic. more

Our section on financial participation in Europe has been entirely updated. It provides information on the national systems of financial participation in each of the 27 EU member states, basic data on profit-sharing and employee share ownership, the legal background, trade union positions and further links. The overview section offers a summary of similarities, differences and trends in this field. The update in French and German will follow. more

The brochure which has been published for the ETUC Congress in Athens contains pre-selected data from the forthcoming ETUI publication ‘Mapping European Works Councils’. It aims at delivering basic figures (from the ETUI database of EWCs) concerning the operation of EWCs and the workers they represent on the eve of the EWC recast directive’s transposition deadline. The provided information will allow evaluation of the new legislation’s impact on EWCs as it will offer a point of reference for measuring the attainment of some of the goals set by the recast directive. It will also be of particular relevance in relation to the goal of increasing the number of EWCs. more

As of June 2011, a total of 817 registered SE companies were listed in the European Company Database (ECDB), 66 more than at the time of the previous update (March 2011). In January and February quite a few normal SEs were registered, but only three new SEs (2 German and 1 Hungarian) were added to the category after March 2011. more

Also our 'SE Facts and Figures' have been updated with the latest data.

Participation is a social process, which is basically part of an exchange relationship. Thus, it is principally pluralist and ambiguous in its meaning. As a consequence, the reconciliation of voices needs innovative approaches to support balanced participation experiences. The ambivalent character of participation intends to provide a look at new initiatives in the various fields of workplace participation. Leading international scholars examine the role of institutional contexts for participation, the development of new forms of interest organisation as well as the relationship between organisational performance, participation practices and quality of working life. The contributions are not limited to taking stock of new experiences in the field of workplace participation, but also contribute to designing a new research agenda. More information can be found here (opens in new window).

Garibaldo, Francesco / Telljohann, Volker (eds.) The Ambivalent Character of Participation. New Tendencies in Worker Participation in Europe. Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2010. 715 pp. Labour, Education & Society. Vol. 20 www.peterlang.com
Book synopsis

The new issue of our News Bulletin is now available. It is published 3 times a year. If you would like to receive it by email, please send us an email. more

This Transfer issue is to take stock of the various Commission initiatives in the fields of employee participation at company level and social dialogue generally. A particular focus lies on the opportunities and challenges which these initiatives provide to trade unions in terms of their capacity to influence developments at European level. more

In March, the ETUI’s European Workers Participation Conference Centre (EWPCC) organised a first interactive training for SE board-level employee representatives. The purpose of this two-day seminar was to help worker representatives to deal with everyday problems related to information declared to be confidential. Representatives from nine different companies and five different countries exchanged ideas and experiences, were informed about the regulations concerning the subject of confidentiality and discussed with trade union experts and practitioners. A report and the presentations can now be found on the EWPCC site. more

On 12 July 2011 in Brussels, keynote speakers will discuss current challenges and policy alternatives in corporate governance in Europe. Panel sessions will debate new ideas and alternatives presented in the book The Sustainable Company- changing the way our corporations are governed in the interests of stakeholders and society. The programme can be found here (.pdf). More information on the book is available here.

During the first day of the 12th ETUC Congress the ETUI will organise a ‘fringe meeting’ on worker involvement in European companies. The programme is as follows.

Jan Cremers (ETUC policy advisor) will give an overview of the current situation of the SE and SPE debates. After that, Isabelle Barthes (EMF senior policy advisor) will speak about Transnational Company Agreements and key related issues, such as negotiating actors and negotiated topics, as well as EMF involvement and policies in transnational company-based negotiations. The final speaker is Christine Asmussen (Kreds Nordea Head of Secretariat), she will give a presentation on Nordea Bank’s cross-border trade union body and the links between the EWC and European Trade Union Federation. This meeting will take place on Monday, 16 May, from 1pm to 2 pm, and will be moderated by Aline Conchon (ETUI researcher).

More information and contact: Bruno Demaître, bdemaitre@etui.org

The EU member states have very different traditions and systems of industrial relations. For a better mutual understanding it is crucial to be aware of the key differences and similarities. The National Industrial Relations section on worker-participation.eu follows this aim. The updated country reports – prepared as in past years by Lionel Fulton from the Labour Research Department (London) – provide a unique overview on trade unions, collective bargaining, workplace representation, board-level representation and representation in EU-bodies. The update in German and French will follow soon.

Country reports: click here
Comparative overview reports: click here
Compare Countries tool: click here

Is the Europe 2020 strategy leading us, as it promises, towards smart, sustainable and inclusive growth? This is the main question addressed by this publication on the eve of this year’s Spring European Summit. The ETUC and ETUI offer a critical assessment of the strategy and its various components: will it be able to provide a framework for the creation of more and better-quality jobs? Are the policies and indicators set to promote an increase in social cohesion? How can workers better participate in the achievement of these various aims? Benchmarking Working Europe 2011 is structured in eight topical chapters illustrated by a significant number of graphs, and has a completely new layout. Chapter 8 is dealing with the issues of Social Dialogue and Worker Participation more

The PARL newsletter can be downloaded for free on the website of the Social Development Agency (available in EN, FR, DE).

As of March 2011, a total of 751 registered SE companies are listed in the ECDB (SE factsheets): 58 new SEs have been added to the database since the previous newsletter (January 2011). Meanwhile, five SEs (two empty and three UFO companies) were deleted from national registers and two (normal) SEs were transformed. In addition to the already registered companies, the ECDB currently provides information on 17 planned SEs. more

The new feature enables you to compare key elements of the national laws transposing the SE Directive (2001/86/EC) in different countries. The EU member states (plus Norway, Iceland and Liechtenstein) had leeway on many points when transposing the SE Directive. By 8 October 2004, each country had to have adopted special implementing legislation which settled these points. In terms of negotiating an agreement on employee involvement, this means that in some matters the SE legislation of the country where the company is to have its registered office is applicable (e.g. on the regulations for financing the SNB). Other matters, however, are governed by the various national SE legislations in the countries concerned (e.g. nomination of national representatives to the SNB). more

This was a two day conference organised by the European Workers Participation Conference Center (EWPCC) together with Stichting À Propos (NL) and the FNV (Dutch trade union federation). The purpose of the conference was to have a debate among worker representatives in European Companies (SEs) and other multinational companies about how to make use of employee participation rights in decision making at strategic company level and how to push companies in a more socially responsible and sustainable direction. The financial crisis and the associated failure of theories on market discipline and shareholder capitalism create new challenges for strengthening the influence of employees and other stakeholders over multinational companies in transition. more (conference documentation)

The year 2010 ended with a total of 700 registered SE companies. 42 SEs have been added to the database since the previous update (November, 2010). The ECDB (SE Factsheets) also provides information on 15 planned SEs. However, the number of UFO companies increased the most, due to activation of shelf companies in the Czech Republic and Germany. Only three new companies were added to the ‘normal’ category. The number of ‘normal’ companies is currently 169. more

Also our 'SE Facts and Figures' have been updated with the latest data.

Many companies today seem to have become little more than money-machines, seeking the highest returns from global markets. Employees, and indeed many managers too, are the slaves rather than the masters of such companies. Works councils and trade unions are reduced to mopping up the social consequences of their decisions. That is why this book, edited by Michael Gold, Norbert Kluge and Aline Conchon, depicts the everyday realities of serving as an employee representative in company boardrooms, and – as importantly – the personalities behind them. Eighteen representatives located in 12 European countries introduce the reader to their experiences, as well as their duties, responsibilities and perceptions against the background of their individual character, colleagues and workplaces. more

In March 2010, the EU Commission finally made available the so-called ‘Ernst and Young study’ on the operation and the impacts of the Statute for a European Company. Shortly afterwards the Commission launched an online consultation on the results of the study. In July 2010, the European Commission produced a summary report on the replies to the online consultation.This ETUI paper brings together a critical analysis of the consultation procedure, the Commission consultation summary and the ETUI’s reply to the consultation on the Ernst&Young study. more

After a relatively quiet summer period, there has been movement again in the ‘SE market’ in the past two months. In total, 36 SEs have been added to the database since the previous update (1 September 2010). At the time of writing, the ECDB (SE Factsheets) provides information on 658 established and 18 planned SEs. more

Also our "SE facts and figures" have been updated.

How should our financial institutions be governed? This summer the European Commission issued a Green Book asking for opinions on how to deal with the massive failure of corporate governance in banks and insurance companies. Is this an opportunity to move away from a “shareholder dominated” towards a “stakeholder” company? more

In his book on ‘European Unions’ published in 2008 Roland Erne assesses the capabilities of unions to act across borders and demonstrates how unions can contribute to the development of a more democratic European Union. In this work Erne draws on his experience as a social scientist accumulated at various European universities as on his background as a former union official in a number of European countries. His work is based on a broad spectrum of research methods, including 87 interviews with unionists, works councils and business consultants at local, national and European levels. At present Roland Erne is a lecturer in International and Comparative Employment Relations at University College Dublin. Download full review

Although Luxembourg is a small country, its economic influence within the EU is large. SEEurope network member Patrick Thill presented at the SEEurope network meeting in Romania the system of industrial relations in Luxembourg and the current dynamics of worker participation and corporate governance in this country. What are possible explanations why they are comparatively many SEs in Luxembourg? more

The purpose of this two day conference organised by the EWPCC together with Stichting À Propos and FNV (NL) is to have a debate among worker representatives in transnational companies and European Companies (SE) about how to make use of employee participation rights in decision making at strategic company level and how to push companies in a more socially responsible and sustainable direction. The financial crisis and the associated failure of theories about market discipline and shareholder capitalism create new challenges for strengthening the influence of employees and other stakeholders on transnational companies in transition. more

There are currently some 40 sectoral social dialogue committees, which have produced a wide range of joint texts and agreements. A characteristic of the sectoral social dialogue at European level is the diversity of tools used to formalise commitments made by the social partners. The list includes opinions and common positions, declarations, guidelines and codes of conduct, charters, and also framework agreements.

The factsheets provide information on the different sectors, participants and challenges, outcomes and the joint texts. The Sectoral Social Dialogue factsheets are available in English and French. Further factsheets will be added on an ongoing basis. more

Observatoire Social Européen (2010) European Sectoral Social Dialogue Factsheets. Project coordinated by Christophe Degryse.

This new publication, edited jointly by ETUI researcher Michael Stollt and Sascha Meinert from the Berlin-based Institute for Prospective Analysis (IPA), sets itself an audacious task: casting a long look forward into the future, namely the year 2030. Four alternative scenarios explore the long-term prospects and changing contexts of worker participation, in its various forms, in Europe. The stories incorporate broad developments in society, as well as the strategies and actions of people and organisations, first and foremost the actors involved in worker participation. more

The SEEUROPE experts believed that the financial crisis that flared up in autumn 2008 may have opened a window for debate in the EU member states on alternatives to a deficient corporate governance system. This was the motivation for assessing the debates at national level in Europe. As a general conclusion one can say there has been no major system transformation – either towards a full “stakeholder” model or a radicalization of the shareholder model. However, there are interesting developments in some countries which can be described as incremental steps in the direction of a stronger stakeholder orientation. Read more in the summary and details on national debates in the full report. more

.

In total, 21 SEs have been added to the database in the two months since the previous update. At the time of writing, the ECDB (SE Factsheets) provides information on 622 established and 19 planned SEs. Two new and three previously registered companies were added to the ‘normal’ category. The three recently established ‘normal’ SEs were all registered in Germany and formed by conversion.
To summarise the current numbers (July 2010 figures in brackets), there are:
622 (601) established SEs, of which:

• 157 (151) normal;
• 79 (83) empty;
• 316 (290) UFO;
• 70 (77) shelf.

Find more information on SE companies in the ETUI's online European Company Database

The European Trade Union Confederation (ETUC), in reaction to the austerity measures in force in a number of European countries, is sponsoring a major European mobilisation on 29 September, with support from all its member organisations. Around 100 000 people are expected to take to the streets in Brussels and protest actions will also be held in different European countries. more

The European Commission has published a synthesis of the comments on the consultation on the results of the so-called 'Ernst and Young study' on the operation and impacts of the European Company statute (SE). Altogether, the EU Commission received 69 responses from 18 different countries and a range of backgrounds. The synthesis document and the individual responses can be found here. more

In the journal Zeggenschap, Elwin Wolters and Jan Cremers provide an overview of worker involvement in Dutch SEs. Their article 'The European Company (SE) in the Netherlands – Opportunities and risks for worker participation' analyses the consequences for worker involvement in the Netherlands in respect of specific Dutch SE characteristics, such as the high number of transfers of seats and the favourable tax regime. The article is available in Dutch. more

Hans Baumann (European Institute of Construction Labour Research) has provided us with information on the Swiss system of industrial relations, thereby further completing our section on industrial relations backgrounds in Europe. The information is currently available in German and English. more

This guide has been developed by the ETUC in order to help trade unionists and practitioners in the area of information and consultation around Europe to play an active role in this process and to make the most of the new provisions in the European Works Council Directive as amended by Directive 2009/38/EC. more

The updated country reports are now also available in German. Moreover, information on Norway is now available more

The European Worker Participation Competence Centre (EWPCC) of the ETUI has begun a series of seminars designed to examine, in particular, the qualification requirements of board members representing the workforce of European (SE) and other Transnational Companies. On 2 and 3.6.2010 twenty board members serving as "non-executive directors" in 13 companies came to Brussels to receive information about recent developments in European Company Law and European Corporate Governance by the EU Commission and the European Parliament, as well as by European academic experts. Earlier seminars concerned important practical topics like information policy of worker representatives or subjects suitable for taking own initiatives, such as the "Sustainable company" against the background of climate change. more

The European Commission has started the review of the European Company Statute as foreseen in Art. 69 SE of the SE Regulation. In our new section we follow-up the discussions and proposals with regard to a possible revision of the SE legislation. more

In this context, the Commission has launched a public consultation on the results of the Study on the operation and the impacts of the Statute for a European Company (SE). The deadline for responses was 23 May 2010. The ETUI's reply can be found here.

Available in English, French and German more

Andrew Watt and Andreas Botsch (eds.) After the crisis: towards a sustainable growth model

The devastating economic and financial crisis has revealed the limitations of financial capitalism and opened up a window of opportunity to propose and implement progressive reforms. Against this background the European Trade Union Institute has brought together critical and progressive academics and researchers from Europe and the United States to help launch a debate on setting an agenda for a reformed capitalism ‘after the crisis’. A total of 39 contributors provide concise, policy-oriented proposals, each one focusing on a specific area of relevance to a post-crisis world. more

Philippe Pochet, Maarten Keune and David Natali (eds.) After the euro and enlargement: social pacts in the EU

The participation of social partners in the management of socio-economic policies has been a stable feature of European politics in recent decades, having been defined as one of the key aspects of the European Social Model. Yet the role of concertation has changed during different cycles. This book aims to shed light on the most recent wave of social pacts in the last decade in western and eastern EU countries. In the context of recent socio-economic and political challenges (globalisation, changing economic context, labour market transformation, and the full implementation of EMU), 11 country chapters summarise the recent evolution of social pacts across the Eurozone and in New EU member states. more

The updated country reports are now also available in French. The German version will follow soon. more

New slides available! Prepared prepared on the basis of information gathered within the EWC database of the ETUI. more

by Sergio González Begega and Holm-Detlev Köhle. Download here (pdf).

Lionel Fulton (Labour Research Department, UK) has updated for our website the overview article on national industrial relations in Europe. It provides key information on trade unions, collective bargaining, workplace representation, board-level representation and European structures of interest representation. The update will soon also be available in DE and FR language. more

Since introduction of the European Company Statute or Societas Europaea (SE) in October 2004, the number of European Companies has increased steadily, year by year, at almost exponential rates of growth. In February 2010, the ETUI’s “SE database“ exceeded, for the first time, the total of 500 active SEs. This rather impressive total should, however, not blind observers to the fact that many SEs do not conform to the standard definition, for they are, in their overwhelming majority, SEs without any employees (‘empty SEs’) and/or without even a specific business purpose (‘shelf SEs’). Only roughly one quarter of the total number of SEs are today considered “normal SEs” in the sense that they have both employees and business activities. more

The slides provide a visual overview of the current state of SE foundations in Europe. more

This time the newsletter includes information on: European Private Company (SPE); consultation on the interconnection of business registers; Corporate Governance Forum; Study on‘comply-or-explain’; Directive relaxing reporting and documentation requirements. more

During the last 15 years, research on European Works Councils has revealed significant information concerning the structure, dynamics and ability of EWCs to represent employees’ interests. A multitude of factors and conditions influencing the work and results of EWC activity have been identified. Until now, however, there has been little systematic theorising about EWCs and their specific character as ‘interest organisations within profit organisations’ and the specific relationship or ‘organisational fit’ between each entity. more