On February 26, consultations were held between ASML and the unions, including the VHP2. Here are the main issues discussed.
Role of McKinsey
On behalf of the four unions involved, we expressed our concerns about the role of McKinsey & Company, which was engaged by ASML in the reorganisation.
ASML did not inform the works council (OR) and the unions about McKinsey's involvement and role in a timely manner. This is in violation of the Works Councils Act and collective bargaining agreements. The Works Council has since submitted written questions to ASML in this regard. We think it would be to ASML's credit if the company acknowledges that it failed in this regard.
Besides this formal side, we also raised substantive questions about the use of an external consultancy firm. We expressly called on ASML to make greater use of its own staff's knowledge and experience in the reorganisation plans. This not only increases the quality of the plans, but also the support for the measures that may have to be taken. The Works Council will also share its views on this with ASML.
Preventing compulsory redundancies
The unions have again made it clear that preventing forced redundancies is a key principle for us.
ASML said it wanted to minimise the number of redundancies by, among other things:
- discontinuing relevant external hiring;
- letting temporary contracts expire;
- Providing an ample redeployment period;
- offering training and guidance through the mobility centre;
- Giving priority to redundant employees in internal vacancies.
We question whether these measures are sufficient to actually prevent compulsory redundancies. We will negotiate this further in the coming period.
Framework social plan
ASML has presented an initial framework for a social plan. To be clear: unions only conclude a social plan when it has been established that compulsory redundancies are unavoidable. Here, the opinion of the Works Council on the usefulness and necessity of the reorganisation is also very important.
ASML has not yet commented on the amount of any severance pay. In addition, we believe the proposed framework still contains several ambiguities and missing elements. For instance, it is not yet clear whether employees who are dismissed will be subject to a non-competition clause.
We will also discuss these points further during the next round of negotiations on 9 March.
Walkout on Tuesday, March 3
FNV and CNV are organising a walkout outside the gate at Building 4 on Tuesday 3 March from 11.30 a.m. to 1.30 p.m. This is emphatically not a strike.
The VHP2 supports this action, but is not acting as a co-organiser. We think it is too early for that at the moment, as negotiations are still in full swing.
The next round of negotiations is on 9 March.