unionist, Organizer – the role
If your answer to:
I have a TNC?»
The national and/or local
officer (e.g.. Fabi/Filcams/Handels … ) will have
Where is the TNC Head-Quarter?
Does the TNC cover more than one
Which countries are
concerned by the TNC?
What are the number of employees in
Do collective redundancies concern
more than one- EWC issue?
The transformation in SE was
communicated to other territories, countries?
How to do so?:
Asking workers and delegates
Asking the national level
Consulting with the ETUI DB
Asking Google !!!
Often the EWC delegate is not a trade
union officer, and hence finds it harder to get used to the “tools of the
trade”; coordination, training and involvement activities must
be organized for delegates in territorial and sector union structures.
he will have to know: structure and functioning of European Union
Periodically organize moments of
collective discussion and exchange of experiences among delegates of TNCs and
EWC of various groups, moments that should be organized
by national unions, with training aims, to promote the feeling of belonging
to a national union (and indirectly European) on which you can count when
performing the activities of transnational representative of workers.
2.A.b. Legal checks
Applicable European Directives
reference law EWC/TNC
- eventual agreements
signed by social dialogue committees during sector social dialogue /Decision
98/500/CE of the Commission, of 20 may 1998, that establishes sector social
dialogue committees to promote dialogue among social parts at a European
agreement (and of EWCs that followed)
- the existence of a “group” (see art. 2 l. b and c.)
existence of a ‘controlling undertaking’.
purposes of the Directive 2009/38, ‘controlling undertaking’ means an
undertaking which can exercise a dominant influence over another undertaking
(the controlled undertaking) by virtue, for example, of ownership, financial
participation or the rules which govern it.
to exercise a dominant influence shall be presumed, without prejudice to proof
to the contrary, when an undertaking, in relation to another undertaking
directly or indirectly:
(a) holds a
majority of that undertaking’s subscribed capital;
controls a majority of the votes attached to that undertaking’s
(c) can appoint more than half of the members of that
undertaking’s administrative, management or supervisory body.
purposes, a controlling undertaking’s rights as regards voting and
include the rights
of any other controlled undertaking and those of any person or body acting in
his or its own name but on behalf of the controlling undertaking or of any
other controlled undertaking.
what above said, an undertaking shall not be deemed to be a ‘controlling
undertaking’ with respect to another undertaking in which it has holdings
where the former
undertaking is a
company referred to in Article 3(5) of the Directive 2009/38 or of Council
Regulation (EC) No 139/2004 of 20 January 2004 on the control of
concentrations between undertakings.
applicable in order to determine whether an undertaking is a controlling
undertaking shall be the law of the Member State which
governs that undertaking. Where the law governing that undertaking is not
that of a Member State, the law applicable shall be the law of the Member
State within whose territory the representative of the undertaking or, in the
absence of such a representative, the central management of the group undertaking which employs the greatest number of employees
2.A.c. What do we want to know
Go to 2.2.c Business accounting: use of the manual
We are a
multinational group: what do we need to know?
1. Concept of
3. What kind of
group? Nature and typology of group
It’s useful to get a:
General knowledge of balance analysis, of significant balance figures analysis and tools
for a first
evaluation of group.
Go to 5.3.
Glossary annex business accounting
In particular B/C