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Unilateral Codes of Conduct on CSR in the European Financial Sector

This study analyzes European banks' unilateral codes of conduct on Corporate Social Responsibility to identify opportunities and threats for workers and trade unions. It aims to transform suitable codes into negotiated agreements and build a training course.

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Unilateral Codes of Conduct on CSR in the European Financial Sector

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  1. With EU contribution UNILATERAL CODES OF CONDUCT ON CSR IN THE EUROPEAN FINANCIAL SECTOR Paola Vinciguerra Fiba, National Training Officer Working Group 1

  2. The WG1 general task With EU contribution to study and analyze the European Banks’ unilateral codes of conduct on Corporate Social Responsibility in order to point out opportunities and threats for the workers and the Trade Union. VS/2012/0276 – Palermo – PV

  3. The WG1 objectives With EU contribution -To search and analyzethe existing Codes of Conduct unilaterally adopted by European Banks. In particular the analyzed codes will be referred to the main European level Bank Groups and be focused on the area issues regarding work (Health and Safety , employment, company climate, training, work-life balance, gender equality etc.) - To identify the unilateral codes more suitable to be transformed into a TU negotiated agreement - To summarize the results in a grid to be presented to the Steering Committee and to be used as a base to build the training course. VS/2012/0276 – Palermo – PV

  4. The WG1 composition With EU contribution The European countries involved are Czech Republic and Slovakia The working group consists of 10 people: • 2 members of the Steering Committee Eva Mikulkova, OSPPP Odborovy Svaz Pracovniku Peneznictvi a Pojistovnictvi - Czech Republic Jana Szaszova, OZ PPaP Odborovy Zvaz Pracovnìkov Penaznìctiva a Poistovnicta – Slovakia • 6 people of the two participating countries • 1 facilitator (the rapporteur) Paola Vinciguerra, Fiba Cisl, Italy - The Project Manager supervision will ensure the compliance with the working standards VS/2012/0276 – Palermo – PV

  5. The analyzed codes With EU contribution Number of analyzed codes: 22 Sector bank: 18 insurance: 4 VS/2012/0276 – Palermo – PV

  6. The analyzed codes With EU contribution Number of analyzed codes: 22 Countries European groups: 10 Czech Republic: 6 Slovakia: 6 VS/2012/0276 – Palermo – PV

  7. The Corporate social responsibility With EU contribution Is a continuing commitment by companies to behave ethically to contribute to economic and social development while improving the quality of life of the workforce as well as of the local community and society at large to set long-term relationships with its various stakeholders the company’s commitment must be more than the simply compliance of law’s rules VS/2012/0276 – Palermo – PV

  8. The company stakeholders With EU contribution All the subjects that are somehow related to the company business A group, organization, person or system who affects or can be affected by the company activity, including also potential stakeholders (i.e. the future generations). VS/2012/0276 – Palermo – PV

  9. The company stakeholders With EU contribution primary stakeholdersable to directly influence the business management Secondary stakeholdersable to influence the long-term company behavior VS/2012/0276 – Palermo – PV

  10. The unilateral codes of conduct With EU contribution It‘s a document voluntarily adopted by the company, aimed at particular target groups (stakeholders) and containing some guidelines and standards of conduct that create a general system of reference principles Through the communication of the document, the company declares the philosophy that inspired them and formally commit to observe it VS/2012/0276 – Palermo – PV

  11. With EU contribution Group work VS/2012/0276 – Palermo – PV

  12. With EU contribution UNILATERAL CODES OF CONDUCT ON CSR Paola Vinciguerra Fiba, National Training Officer THE CODES’ ANALYSIS OUTPUTS Working Group 1

  13. Codes’ widespread characteristics With EU contribution the financial sector’s stakeholders • The employees • The shareholders • The clients/the consumers • The Business partners/suppliers • The Environment • Society/ local community inner dimension external dimension VS/2012/0276 – Palermo – PV

  14. Codes’ widespread characteristics With EU contribution THE TYPICAL CODE STRUCTURE VS/2012/0276 – Palermo – PV

  15. Codes’ widespread characteristics With EU contribution typical codes' area issues Some Codes are focused only on the bank core business issues, some others converge on more general subjects and different stakeholders VS/2012/0276 – Palermo – PV

  16. Codes’ widespread characteristics With EU contribution The main area issues in the European banks’ codes Fonte: RARE project 2007 VS/2012/0276 – Palermo – PV

  17. THE SWOT ANALYSYS With EU contribution THE CODES’ FOR THE TRADE UNION VS/2012/0276 – Palermo – PV

  18. With EU contribution UNILATERAL CODES OF CONDUCT ON CSR Paola Vinciguerra Fiba, National Training Officer COMPANY CASE STUDY Working Group 1

  19. UNICREDIT GROUP CSR SYSTEM With EU contribution VS/2012/0276 – Palermo – PV

  20. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter • Definition • Objectives • Values • Stakeholders VS/2012/0276 – Palermo – PV

  21. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter • Definition • a set of principles designed to guide our behavior at work in order to create a good market reputation • a structured system built around shared core values and behaviors with which we can identify VS/2012/0276 – Palermo – PV

  22. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter • Objectives • to set values and behaviors that enhance our business skills and entrepreneurship to the greatest extent, thus guaranteeing sustainable value creation over time. • To make our corporate life and therefore our relationship with our stakeholders guided by strongly shared principles, which will define our Group’s distinctive identity VS/2012/0276 – Palermo – PV

  23. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter • VALUES • FAIRNESS • TRANSPARENCY • RESPECT • RECIPROCITY • FREEDOM TO ACT • TRUST VS/2012/0276 – Palermo – PV

  24. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter 4. THE STAKEHOLDERS VS/2012/0276 – Palermo – PV 24

  25. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter PRIMARY STAKEHOLDERS • COLLEAGUES • CUSTOMERS AND SUPPLIERS • INVESTORS • LOCAL COMMUNITIES VS/2012/0276 – Palermo – PV 25

  26. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The UniCredit Integrity Charter FOCUS ON THE WORKER AS STAKEHOLDER VS/2012/0276 – Palermo – PV 26

  27. FOCUS ON THE WORKER AS STAKEHOLDER With EU contribution VS/2012/0276 – Palermo – PV 27

  28. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution THE UNICREDIT CODE OF CONDUCT Definition it lists the principles which all Employees must comply with in order to ensure the highest standards of conduct while performing their duties. In order to correctly manage the reputational risk VS/2012/0276 – Palermo – PV

  29. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution CODE OF CONDUCT ISSUES • Respect of laws and rules • Fair dealing • Conflict of interest • Competition law • Anti-bribery laws • Donations • Anti-money laundering • Corporate information • Market abuse • Banking secrecy and data protection • Health and safety • Standards for communications VS/2012/0276 – Palermo – PV

  30. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution CODE OF CONDUCT EMPLOYEES INVOLVEMENT posted on company intranet end sent by email to all workers. up to now, over 70.000 employees confirmed that they have read and accepted the code VS/2012/0276 – Palermo – PV

  31. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution "Improper conduct reporting” (so called Whistleblowing) Whistleblowing Policy was approved in July 2011, to foster an environment in which the employees feel safe to report improper conduct that may be harmful to the bank mission, reputation or to the employees themselves. Such conduct may be: • illegal, unfair or unethical • in breach of applicable legal or regulatory obligations that apply to our employees in their work • non-compliant with our Group's rules and regulations. VS/2012/0276 – Palermo – PV

  32. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution Questions raised by the TU on the code of conduct it gives all the responsibility to the employees without giving them the necessary tools or protection. • (paragraph 2.4) training provided training is not adequate to manage a new position and to protect the workers from professional risks (anti-money laundering) • (paragraph 2.3) Consequences for breaching the Code the disciplinary actions – up to the termination of employment – can be taken only in relation to the law and the contracts and a unilateral rule can’t overcome them. • (paragraph 2.6) conflict of interest regarding the incentive system, the only one to blame is the company • (paragraph 2.24) improper conduct reporting the Whistleblowing policy suggests a real dilatory behavior VS/2012/0276 – Palermo – PV

  33. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The sustainability report • It describes the linkage between the company strategies, the relationship with the stakeholders and the activities developed during the fiscal year • It is presented to the investors assembly together with the Consolidated Financial Statements • It is based on the GRI (Global Reporting Initiative) principles • It is subject to the review of an external auditor (KPMG spa) VS/2012/0276 – Palermo – PV

  34. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The sustainability report FOCUS ON THE WORKER AS STAKEHOLDER UniCredit is made up of about 160,000 employees from our global network that extends through 50 countries and full-fledged banking operations in 22 European countries. VS/2012/0276 – Palermo – PV

  35. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The sustainability report FOCUS ON WORKER AS STAKEHOLDER VS/2012/0276 – Palermo – PV

  36. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The sustainability report FOCUS ON WORKER AS STAKEHOLDER VS/2012/0276 – Palermo – PV

  37. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution The sustainability report VS/2012/0276 – Palermo – PV

  38. COMPANY CASE STUDY: UNICREDIT GROUP With EU contribution Group Sustainability Unit • It supports the top management in the definition of the sustainability policies and strategies towards the bank stakeholders • It develops the Group sustainability model and identifies the strategic areas • it recognizes the main and more relevant stakeholders and issues • It coordinates the building process of the Group Sustainable report adopting the international reporting model (GRI, LBG...) • It develops training courses to improve the employees awareness on the sustainability issues VS/2012/0276 – Palermo – PV

  39. With EU contribution UNILATERAL CODES OF CONDUCT ON CSR FINALREMARKS AND OPEN QUESTIONS Paola Vinciguerra Fiba, National Training Officer Working Group 1

  40. OPEN QUESTIONS AND FINALREMARKS With EU contribution VP/2012/002/0092 – Palermo – PV

  41. The definition’s ambiguity of code of ethics and of conduct With EU contribution In some cases (e.g. UniCredit Group) there is a clear distinction between the two codes: • the code of ethics is a system of principles that the company voluntarily assumes on behalf of its stakeholders • the Code of Conduct is a set of rules that employees are obliged to respect in relation to the company and its stakeholdersoften this distinction is missing or faded VS/2012/0276 – Palermo – PV

  42. With EU contribution CSR definition, evaluation and measurement Auniversally recognized and shared standard that makes it possible to define an enterprise as "socially responsible" or precisely measure its level of social responsibility is missing. This limit is due to various causes: • the absence of a supranational regulatory system; • the widespread liberal belief of the EU, which considers that such issues should be resolved by the market without “external” regulatory intervention; • the pressures that large firms are able to exercise; • Trade union divisions worldwide, which makes it difficult for the presentation of proposals. VS/2012/0276 – Palermo – PV

  43. With EU contribution CSR definition EC GREEN PAPER CSR is essentially a concept whereby companies decide voluntarily to contribute to a better society and a cleaner environment. This responsibility is expressed towards employees and more generally towards all the stakeholders affected by business and which in turn can influence its success. the company’s commitment must be more than the simply compliance of law’s rules EC GREEN PAPER Promoting a European framework for Corporate Social Responsibility (18/7/2001) VS/2012/0276 – Palermo – PV

  44. With EU contribution CSR definition European Commission The company image and reputation play an increasing role in the competitive environment of enterprises. Companies are today more and more aware that commercial success and profits on shares do not result only from the maximization of profits in the short term, but require a behavior which, so as to be focused on the market, is responsible European Commission. “Corporate social responsibility. A contribution of enterprises to sustainable development” July 2002. VS/2012/0276 – Palermo – PV

  45. With EU contribution CSR definition International Employers Organization the Code Of Conduct is an operational declaration of policies, values or principles which guide the operations of an enterprise according to the development of its human resources, management of the environment and interaction with consumers, clients, governments and the community where they operate. Enterprises are free to choose whether or not to develop, to establish, adopt, make known and follow a code of conduct. International Employers Organization IEO June 1999 VS/2012/0276 – Palermo – PV

  46. With EU contribution CSR definition The World Confederation of Labour Corporate Social Responsibility consists in the unilateral and voluntarily definition by the company of social and environmental policies with the help of alternative instruments that are neither collective agreements nor laws VS/2012/0276 – Palermo – PV

  47. With EU contribution CSR definition The World Confederation of Labour The Codes cannot be voluntary; they must be negotiated with trade unions. Framework-agreements constitute an alternative to the unilateral and voluntary responsibility of enterprises. The codes must incorporate ILO Conventions: The fundamental Conventions on freedom of association, on the right of organization and collective bargaining; on the abolition of forced labour; on equal remuneration, on discrimination, on minimum age , on child labour; on occupational health and safety, on wages. The codes must be translated into local languages and their application must be transparent. The World Confederation of Labour Confederal Board in October 2000, in Asuncion - Paraguay VS/2012/0276 – Palermo – PV

  48. With EU contribution CSR definition The World Confederation of Labour The companies must: - ensure the application of the codes at all levels and introduce mechanisms for information and training for workers; - institute a system to monitor the implementation of the codes at all levels, including suppliers, sub-contractors; - set up an independent appropriate monitoring body to deal with complaints in case of violation of the code and to impose sanctions. The World Confederation of Labor Confederal Board in October 2000, in Asuncion - Paraguay VS/2012/0276 – Palermo – PV

  49. With EU contribution The CSR measurament “The European Parliament ... believes that the EU debate on CSR has approached the point where emphasis should be shifted from ‘processes’ to ‘outcomes’, leading to a measurable and transparent contribution from business in combating social exclusion and environmental degradation in Europe and around the world.” European Parliament Resolution, 13 March 2007 VP/2012/002/0092 – Palermo – PV

  50. With EU contribution The CSR measurament Some measurement systems Social Accountability 8000 AA 1000 dell’ISEA (Institute of Social and Ethical Accountability) Progetto Q-RES (2001). Designed in 1999 by the Centre for Ethics, Law & Economics (CELE) Sustainability reporting guidelines del GRI. At the GRI (Global Reporting Initiative) actively participate industry groups, non-governmental organizations, accounting services, trade associations, universities and other stakeholder groups. ISO 14001 (1996) and EMAS 761/2001. Vision 2000. VP/2012/002/0092 – Palermo – PV

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