On Monday 9 March, the third round of negotiations took place between the unions and ASML. In a nutshell: It seems that ASML is not taking consultation with both the Works Council and the unions very seriously.
“Advice can be positive or negative, but the transformation continues”
This is a statement made by the CEO of ASML during a visit to a ASML facility in the United States. Employees are apparently allowed to have their say, but the direction seems already set.
Lingering ambiguity over McKinsey's role
Once again, unions have called for full transparency on the role of consulting firm McKinsey. The unions believe that both the Works Council and the unions should have been informed in advance by ASML about the use of McKinsey. It appears that ASML has given McKinsey a consultancy assignment in relation to the reorganisation announced on 28 January last. Should ASML continue to maintain that this is not the case, it is up to ASML to provide transparency on this by making it clear what McKinsey's role was. ASML refuses to be transparent about this, which does not enhance trust.
Social plan far from complete
Based on the contours of the social plan as presented by ASML, the unions have submitted a very extensive list of points that should at least be part of a sound social plan. This list is emphatically not exhaustive, nor does it mean that the unions thereby implicitly agree with the proposed reorganisation. It concerns measures that are necessary to protect employees properly in the unlikely event of forced redundancies.
Some examples of proposals from the joint unions:
- Focus on natural attrition and voluntary departure
- A clear notification procedure and objective selection criteria
- A clear and comprehensive definition of an appropriate function
- An independent objection procedure
- Compensation for employees with expiring temporary contracts as a result of this proposed reorganisation
- Removing barriers to working elsewhere, such as relationship and competition clauses
- Budget for legal and financial advice
- Full reimbursement of repatriation costs
- Waiver of student debt
- Compensation for any pension losses
- A concrete, complete and clear overview of the expected termination benefits
- Special attention to internationals, long-term sick people and employees with neurodiversity
Unions expect generous social plan
The next consultation between the unions and the employer is scheduled for 16 March. The unions expect ASML to then come up with a thorough and generous social plan that offers employees real security. That plan should not only offer protection in the event of possible forced redundancies, but also include a fair arrangement for employees who ultimately choose to leave voluntarily. For the VHP2, one starting point remains central:
The number of compulsory redundancies must be kept to an absolute minimum!