Company
Orpea
Date of signature
8 April 2022
Signatories
CEO and Group HRD on management side and Uni Global Union General Secretary, and Deputy General Secretary.
Key objectives
With this agreement, the parties “decided to set up a global agreement and permanent mechanism with UNI Global Union (hereafter called UNI) intended to guarantee and improve the rights and working conditions of ORPEA's employees through collective bargaining and dialogue without calling into question national legislation. In the event that there are differences between national legislation and this agreement, ORPEA shall apply the higher standard, so long as there is no violation of national law and it is consistent with international standards.”
Duration
3 years (April 2025). Upon expiration, it is renewable by tacit renewal for a further period of 3 years.
Status of the text/Applicable law
“The Parties acknowledge and agree that this Agreement shall be construed, interpreted, and governed in accordance with the laws of France.”
Implementation and dissemination
“The Parties are committed to defining targets for the number of employees covered by collective agreements by 2027, taking into account national legal and social conditions.(…) This agreement foresees the establishment of joint working groups to raise staff-resident ratio, tackle high levels of labour turnover in the company, promote quality care and address labour shortages in the care sector. From the date of signing, the above mentioned committee will jointly develop and monitor a five-year plan on the issues of employee retention as well as career development.”
The agreement also includes a commitment on resources.
“In order to guarantee the full and genuine implementation of this global agreement at a local level, ORPEA commits itself to contribute to unions’ material, personnel and operating resources (material means for trade union representatives and organizers; working hours of union delegates; cost of premises and equipment). The details and maximum amounts of these resources will be negotiated within the first three months after the signing of the agreement (…) Furthermore, ORPEA commits to funding an annual meeting of trade unions and worker representatives across the whole company’s operations to discuss how to continue to develop innovative labour relations and further the aims of this agreement. The details and maximum amounts of these resources will be negotiated within the first three months after the signing of the agreement. “
Review and monitoring
“The Parties will engage in regular, meaningful dialogue to support the development of a constructive working relationship and the achievement of their shared aims. To this end, formal Review Meetings will take place twice a year at which senior representatives of the Parties will meet to discuss progress of the agreement. Extraordinary Review Meetings will be conducted as necessary to fulfil the commitments of this agreement.”
“The Parties agree to feature transparent reporting of the outcomes of this global agreement. To this end, ORPEA will dedicate a section in its non-financial performance statement, which will be mutually agreed upon with UNI at the Review meeting.”
Dispute settlement
Should a dispute arise over the application of this agreement, there is a mechanism for it to be escalated to the highest level if it cannot be resolved locally.
"In the event that the Parties are unable to resolve a dispute arising out of this global agreement after discussion at the bi-annual meeting as set out in this agreement, by mutual agreement the matter may be referred to a mutually agreed independent mediator who shall seek a meditated resolution. A request for mediation may not be unreasonably refused.
If the corresponding dispute has not been resolved through mediation or otherwise, any party may seek a final and binding resolution by arbitration in accordance with the International Labour Arbitration and Conciliation Rules (“ILAC Rules”).”
Main topic
Fundamental rights at work, in particular freedom of association (neutrality) and right to collective bargaining, union access to employees, French duty of vigilance law.