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This Report deals primarily with EU law and attempts to offer legal perspectives\nto the controversial issue of Transnational Company Agreements (TCAs),\nin order to suggest an optional legal framework for agreements enforceable\nwithin the boundaries of the EU. However, references to international law will\nalso be offered, in order to broaden the horizon of our work and add viewpoints to\npotential options in policy-making. This approach is related to the fact that TCAs\nare signed by Transnational Companies (TCs) and the latter operate within the EU\nas well as outside of it.\nOver the last decade, the number of TCAs has increased among TCs having their\nseat within the European Union, illustrating the Europeanization of industrial relations.\nIn August 2013, the TCA database set up by European Commission has\nregistered more than 230 agreements.\nTCAs have been negotiated in the absence of a specific legal framework. To a\ncertain extent, this situation has certainly worked as an incentive to the development\nof TCAs, since the social partners enjoyed huge flexibility to explore innovative\nforms of negotiation. On the other hand, the lack of a specific legal framework\nfor TCAs raises several questions regarding the negotiation process, the actors\ninvolved, the content of TCAs and their implementation.\nThis report to the European Trade Union Confederation aims at discussing the\nopportunities to develop an optional legal framework for TCAs and at defining the\nlegal basis and the content of such a framework, as well as suggesting the steps\nthat may lead to its adoption. The report takes into account both academic literature\nand political documents produced. Moreover, interviews have been conducted with several representatives from transnational companies and European union\nfederations involved in the negotiation and implementation of TCAs.\nThe report is structured into 5 sections (section I-V). After this introduction, section\nII builds on recent policy documents, in order to summarize the different legal\nproblems at stake in the field of TCAs. Section III outlines the sources in primary\nEU law, relevant for supporting an optional legal framework for TCAs . Section\nIV contains and explains our proposal, i.e. the adoption of a Decision addressed\nto Member States, defining rules for the conclusion of TCAs and disputes settlement.\nFinally, in section V suggestions are made on initiatives to take in order\nto move forward towards the adoption of an optional legal framework for TCAs.\nThe annex includes a presentation of the main outcomes of the interviews we\nconducted to support our proposal.
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