EUROPEAN WORKS COUNCIL OF THE AUTOGRILL GROUP WORKERS AGREEMENT. Between

Transcription

1 EUROPEAN WORKS COUNCIL OF THE AUTOGRILL GROUP WORKERS AGREEMENT Between Head Office Management of the Autogrill Group, represented, pursuant to article 2 of Legislative Decree No. 74/2002, by the Chief Human Resources and Organization Officer of Autogrill S.p.A., and the representatives of Autogrill s workers European Works Council established on 15/11/2002, assisted by EFFAT the European Food, Agriculture and Tourism Federation Recitals it was agreed as follows: On 15/11/2002, Head Office Management of Autogrill and the workers representatives agreed on the establishment of a European Works Council. As a result of the Carestel takeover, the scope of the European Works Council underwent a first amendment. On 06/05/2009, the European Parliament and Council published a new Directive (2009/38/EC). Over recent years the Autogrill Group has modified its scope of operations. During the latest European Works Council meeting, the Head Office Management and the workers representatives agreed to make the required amendments to the agreement, so as to reflect the Group s evolution and its compliance with the new European Directive. The finalisation of the renewed agreement is aimed at stressing the importance of the European Works Council as a valid information and consultation tool at trans-border level between the Group companies and the workers representatives, as well as its contribution to an industrial relations system aimed at promoting the Group s growth, competitiveness and employment capabilities and whose primary objective, thanks also to the ongoing improvement of working conditions and professionalism, is to reach levels of excellence for the products/services delivered globally to our Clients.

2 Through this Agreement the Parties intend to meet the workers need for information and consultation at trans-border level which is the objective of directive CE 94/45 and Legislative Decree No. 74/2002 which is aimed at implementing in Italy the aforesaid directive, as amended by Directive 2009/38/EC. It is agreed that the European Works Council shall not replace the workers union representatives in the exercise of their representation duties or restrict the workers rights in the various countries. 1. Definition of Group/Scope of application This Agreement covers the Autogrill Group, inclusive of the businesses and the outlets controlled by Autogrill S.p.A pursuant to article 2 of Legislative Decree No. 74 of 02 April 2002, as amended by Directive 2009/38/EC, and operating in various countries. For the purposes of this Agreement, outlets, means one or more points of sale featuring functional and operational autonomy. Annexe A) lists the companies that, in addition to Autogrill S.p.A., are part of the Autogrill Group at the time of this Agreement being executed. This list shall be updated whenever there occur any changes to the corporate scope. 2. Make-up of the European Works Council The Works Council is made up of 17 members; its breakdown between the relevant countries is outlined in annex B) to this Agreement. The numerical breakdown of the workers representatives takes into account the employment numbers in the various Countries and/or Regions, or groups of countries, in compliance with the obligations in areas of worker representation and the Works Council s operational requirements. Each Country/Region shall nominate a number of alternate representatives equal to the number of statutory representatives. The alternate representatives shall replace the statutory representatives at any meetings where it has been established that the latter are either provisionally or permanently incapacitated to attend. All the members of the European Works Council shall be employees of companies of the Autogrill Group and shall be appointed for the entire duration of the Agreement, with the option of their appointment being renewed. The actual and acting members of the Works Council shall be nominated in accordance with the legal and contractual provisions in force at national level. 2

3 The relevant national Trade Unions shall advise the names of the workers delegates and their replacements to Head Office Management and EFFAT by 31/03/2011. In the event of major changes to the Group s European structure, the Parties that are signatories to this Agreement shall agree on possible amendments to the above numerical breakdown. 3. Restricted Committee The European Works Council may elect among its members a Restricted Committee consisting of 5 members. The Restricted Committee is assisted by a representative of EFFAT. The Restricted Committee shall meet whenever this is agreed with Head Office Management and the EFFAT, and shall give all participants suitable prior notice of the date and place of the meeting. Under exceptional circumstances, as described in Directive 2009/38/EC, affecting the Group at EU level, extraordinary meetings of the Restricted Committee may be held. The Restricted Committee and Head Office Management of the Autogrill Group, after assessing the circumstances, may jointly choose to call an extraordinary meeting of the European Works Council. Simultaneous interpreting in the languages of the Countries attending the meeting shall be guaranteed and upon the conclusion of the meeting minutes will be drawn up and translated into the above languages and any further languages mentioned in annex C, before being forwarded to the European Works Council delegates. 4. Subject of the Information and Consultation process The Works Council is a tool for providing information and consultation on the subject of trans-border issues affecting the Group at EU level. Information means the forwarding of information by the employer to the workers representatives so as to enable the latter to become aware of and examine any issue being dealt with. Consultation means the establishment of a dialogue and the exchange of opinions between the workers representatives and Head Office according to the timeframes, methods and contents that enable the workers representatives, based on the information received, to express, within a reasonable timeframe, an opinion in relation to any proposed measures to which the consultation refers, subject to 3

4 Head Office responsibility, where such an opinion may be taken into account by the company, or group of companies, operating at EU level; The Works Council, during the meeting mentioned under item 5 below, shall be informed and consulted regarding the Group s progress, in particular, as regards: The Economic and financial situation Business and investment plans The employment situation, also with reference to the issue of equal opportunities Downsizing or closing down companies or production units; mergers and collective retrenchments which may have trans-border repercussions Health and safety issues Training Corporate Social Responsibility programmes Progress of Programmes and Projects undertaken at European Works Council level 5. Meetings of the Works Council The Works Council shall meet once a year, usually by the month of November. Head Office shall give a 30 day prior notice of date, place and agenda of the meeting to the European Works Council members. The members of the Works Council shall be entitled to meet on the day that precedes the official meeting. For both meetings, simultaneous interpreting in the languages of the countries attending the meetings shall be guaranteed. From time to time, on the recommendation of the Restricted Committee, one or two observers may attend the meetings of the European Works Council. Upon the conclusion of the meeting, minutes shall be drawn up and translated into the above languages and any further languages mentioned in annexe C, before being forwarded to the Works Council representatives within 45 days from the meeting. If necessary, the Works Council may request the assistance of an expert. 6. Organisation A secretariat, responsible for arranging the calling and the organisation of the Works Council meeting, as well as anything that is required for its proper functioning, will be operating at the premises of the Head Office of Autogrill S.p.A. in Rozzano (Milan). The members of the Works Council may forward to the secretariat a request to include in the agenda topics that fall within the subject of the information and consultation process as described above. 4

5 The members of the Works Council shall have access to a dedicated virtual room in the corporate Intranet, aimed ad facilitating and improving the information and consultation process. The European Works Council section of the portal shall be structured in such a way so as to be consistent with the site s architecture and to contain inside its structure the required profiles with a view to ensuring public access to all the members of the European Works Council, including the alternate members, and restricted access dedicated to the operational business of the Restricted Committee, including the EFFAT. The Works Council shall regulate, through ad hoc regulations, all aspects concerning its operations where such aspects are not governed by this Agreement. Such regulations shall set the methods whereby paid leave may be accessed both for training the European Works Council members and using the information and consultation through the procedures made available in the dedicated space of the corporate Intranet. 7. Confidentiality All members of the European Works Council, as well as any experts that were to be called, are required not to disclose any information that is specifically declared as confidential during the meetings. Should there arise any disputes relating to the confidential nature of the information provided and classified as such, as well as the determination of the objective criteria for the purpose of identifying information that could create significant obstacles to the operations and business conducted by the companies involved or cause damage to such companies or generate market upheavals, a technical settlement committee formed in accordance with the provisions of Legislative Decree No. 74/2002 and consistently with the amendment brought about by Directive 2009/38/EC, shall be convened on the request of the interested party. 8. Protection of the Works Council members The members of the European Works Council shall be entitled to the protection provided for in legislation and national awards in favour of trade union representatives. This protection shall continue in the twelve months following the end of their mandate. 9. Finance The Autogrill Group shall bear all the costs for the arrangement of the meetings mentioned under items 3 and 5 above (travel and accommodation for the Works Council members, the Restricted Committee and the EFFAT coordinator, 5

6 simultaneous interpreting service, forwarding of any required documentation) as well as the maintenance costs for the Intranet site. The Autogrill Group shall also bear the costs relating to the certified translation of this Agreement in the languages of the Countries listed in annex C. For the purpose of attending the above meetings, the representatives of the employees of the Group companies are entitled to paid leave inclusive of the duration of the meeting and travel times to and from the meeting. Moreover, the Autogrill Group shall pay the cost, as described above, for the possible attendance of an expert. 10. Duration of the Agreement This Agreement shall come into effect as of 1 January 2011 and shall remain in force indefinitely. Should either Party formally withdraw therefrom, the Agreement shall be deemed to have been tacitly renewed until it is replaced by another Agreement. The current bodies shall remain in office until the appointment of a new European Works Council and a new Restricted Committee. 11. Applicable law and language This Agreement is drawn up and amended, where necessary, in Italian. The Italian version of the Agreement is the only official version, subject to the provisions under item 6. The Agreement is subject to the Italian laws and any disputes arising therefrom in relation to its contents, shall be governed by the Italian Law. As a result of the provisions of Directive 2009/38 being transposed into the Italian law, the Parties reserve the right to meet with a view to making any integrations to the text of this Agreement. 12. Publicity This Agreement shall be lodged with the Italian Ministry of Labour and the EU Commission. Amsterdam, 18/11/2010 Autogrill Head Office Management Autogrill Works Council EFFAT 6