Company
Teleperformance
Date of signature
1 December 2022
Signatories
CEO, Uni Global Union
Key objectives
“The parties have therefore reached a global agreement which will allow TP SE to achieve its business and financial objectives while helping to ensure that employee and union rights are respected throughout TP SE. ”
Duration
three years from the date of signature
Applicable law
“The Parties acknowledge and agree that this Agreement shall be construed, interpreted, and governed in accordance with the laws of Switzerland.”
Implementation and dissemination
“14. lmplementation
UNI and TP SE jointly commit to publicise the agreement through the union membership and corporate structure respectively and stress that this agreement is to be supported in principle and in practice at all levels in both organisations. The parties recognise that the agreement is a very significant step forward in their relationship and will seek to remove any residual negative effects from their historical differences by agreeing and implementing a communication plan.
Those terms of the agreement, which go beyond local legislative requirements or existing agreements will be rolled out on a phased basis so that the parties can work together to ensure the success of the agreement. The initial phasing of the roll-out is specified in Appendix 1*. UNI and TP SE will ensure that local unions and subsidiaries respect the timing agreed upon in this implementation plan. ”
*The Appendix lays down that the terms concerning access and communication to employees and management training provided for in the agreement should apply in five countries ( Poland, Jamaica, El Salvador, Colombia, and Romania). The parties will agree on specific implementation within 60 days of signature.
The subsequent phasing of the roll-out will be agreed upon at the Review Meetings, taking into consideration of union and company preferences and priorities. ln principle, five countries will be added every nine months.”
Review and monitoring
“TP SE and UNI will engage in regular, meaningful dialogue to support the development of a constructive working relationship, and the achievement of their shared aim. To this end, formal Review Meetings will take place twice a year at which senior representatives of all the parties will meet to discuss progress of the agreement (…). Extraordinary Review Meetings will / may be conducted by mutual agreement when necessary to fulfil the commitments of this agreement.”
“To enable constructive dialogue, attendance at the Reviews will be limited to a small group of representatives from each of the parties and will therefore normally comprise:
o Two representatives from UNI and/or UNI affiliates.
o Two representatives from TP SE
The formal agenda may change from meeting to meeting, but the following standing items will be included:
o General progress
o Current roll-out phase -discussion on progress in each country and any issues arising
o Next roll-out phase – discussion and agreement on countries to be covered and timetable
o Discussion on any issues escalated to the Review Meeting by local managers and unions relating to joint action plans, concerns regarding conduct of local parties, recognition or access arrangements
o Disputes – discussion on any items arising under Section 12 (editor note : dispute resolution provisions)
Joint Secretaries will be appointed -one from TP SE and one from UNI -with the following responsibilities:
o To act as contact points between meetings
o To agree dates for future meetings
o To agree the agenda before each meeting
o To record actions arising from the Review Meetings
o To liaise concerning any disputes arising under Section 12
Additional attendees may be invited to discuss specific agenda items but must be agreed in advance by the Joint Secretaries.”
Dispute settlement and sanctions
“12. Dispute Resolution
ln the event of a dispute arising regarding the interpretation or application of this agreement, the following procedures will apply:
a) Complaints by UNI
i. A complaint from a recognized union should first be raised with the local management.
ii. If the complaint is not resolved with local management, it may be referred to the Country Manager by the appropriate trade union where recognized, or to UNI if union recognition has yet to be established.
iii. If still unresolved, the complaint will be referred to the agreed representatives of UNI who may raise the matter with the TP SE appointee.
iv. Where there is no recognized union, TP SE employees may raise a complaint which concerns rights under this agreement directly to UNI, which may raise it directly to the TP SE appointee.
v. The TP SE appointee will raise these with the responsible member of management who will ensure corrective steps are taken where appropriate.
vi. Disputes that cannot be resolved in this way, or which relate directly to the terms of this agreement should be referred to the Review Meeting for discussion and resolution.
If the parties are unable to resolve a dispute concerning the application of this agreement after discussion at the Review Meeting, by mutual agreement the matter may be referred to a neutral mediator to find a mediated solution.
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”).
For the avoidance of doubt, the dispute resolution procedure set out above shall not apply to disputes, which – directly or indirectly – relate to, affect, or involve any collective bargaining agreement and/or any other local agreement. Such disputes shall be settled in accordance with the dispute resolution procedures set out in the relevant collective bargaining agreements and/or local agreements.
lt is agreed between TP SE, UNI and its affiliates to establish a constructive dialogue in order to take into account the rights, interests and aspirations of employees and to prevent tensions or conflicts that may arise on a daily basis.
ln this spirit, TP SE and UNI are committed, respectively with their subsidiaries and affiliated unions, to promote dialogue and negotiations as a central element of good relations to be maintained, and as a method of resolving conflicts amicably. This can be supported by mediation, arbitration and other forms of out-of-court dispute resolution.”
Related texts
None
Topics addressed
human rights due diligence, trade unions rights (union access), impact of surveillance, health and safety at work