Common use of Scope of Application of the Agreement Clause in Contracts

Scope of Application of the Agreement. The EDF Group CSR Agreement is intended to be a common foundation for the companies in which EDF exercises direct control. Given the formalised conditions for follow-up that it henceforth implies, this Agreement shall apply to EDF SA as well as the companies included in the attached Annexe 1, starting from the date of its entry into force. After this date, this Agreement shall be intended to be applied to companies of over 50 employees over which EDF SA holds direct control (i.e. companies in which EDF owns a majority shareholding, or enjoys a majority of voting rights linked to the stock issued) as well as the companies of over 50 employees in which EDF SA directly or indirectly holds at least 45% of the capital. The effective application of this Agreement to the companies mentioned in the previous paragraph is contingent on the express adherence of said companies to this Agreement, as evidenced by the conclusion of an Adherence Agreement in accordance with the model enclosed in Annexe 2. As these are companies with over 50 employees, of which EDF SA directly or indirectly holds between 45% and 50% of the capital, the validity of the adherence agreement is furthermore contingent on its signature by the representative of the EDF SA Management. The conclusion of an Adherence Agreement is possible at any time during the period of validity of this Agreement and is deemed acceptance of these provisions. The entry into force of the Adherence Agreement also implies acceptance of this adherence by EDF SA and all the companies already covered by the Agreement. In the event that a company no longer fulfils the criteria defined above, this Agreement shall then cease immediately to be applicable. The companies included in the list in Annexe 1, as well as those that will have effectively adhered to this Agreement will hereinafter be designated as “the Companies of the Group”, “EDF Group” or “the Group”. In those companies where EDF SA exercises significant influence without exercising any direct control, as well as in the companies with fewer than 50 employees in which EDF SA exercises direct control, the signatory parties undertake to promote this Agreement in an effort to encourage the adoption and application of its provisions. EDF Group companies hereby undertake to comply strictly with national and local laws as well as other collective agreements, and more particularly where such laws provide for more extensive requirements than the provisions of this Agreement. II – UNIVERSAL STANDARDS RESPECT FOR HUMAN RIGHTS Article 1 Respect for Human Rights Conventions of the International Labour Organization (ILO) EDF Group endorses as its own the international commitments of the United Nations for the protection and defence of human rights: the 1948 Universal Declaration of Human Rights, the 1967 Declaration on the Elimination of All Form of Discrimination against Women, as well as the 1959 Declaration on the Rights of the Child. It also draws upon the OECD Guidelines for Multinational Enterprises adopted on 27 June 2000. EDF Group reaffirms its adherence to the Ten Principles of the United Nations Global Compact of July 2000 (10th principle adopted in June 2004). It undertakes, with the signatory parties, to promote them to its suppliers. EDF Group undertakes to comply and enforce compliance with the ILO Fundamental Conventions in all companies under its direct control: Guaranteeing the freedom of association and principles of collective bargaining: Convention 87 on the Freedom of Association and Protection of the Right to Organise, 1948 Convention 98 on the Right to Organise and Collective Bargaining, 1949 Abolishing the use of forced and compulsory labour: Convention 29 on Forced Labour, 1930 Convention 105 on the Abolition of Forced Labour, 1957 Prohibiting child labour and exploitation: Convention 138 on Minimum Age, 1973 Convention 182 on the Worst Forms of Child Labour, 1999 Fighting against discrimination: Convention 100 on Equal Remuneration, 1951 Convention 111 concerning Discrimination (Employment and Occupation), 1958 This commitment is also valid in the countries that have not yet ratified these conventions. This is also the case for Convention 135 of 1971 concerning worker representatives, insofar as local law does not impose provisions to the contrary. In countries that have not ratified these conventions, the signatories may, depending on local contexts, promote the conventions to professional organisations and the competent local authorities, by emphasizing the value of the experience of their application within EDF Group companies. III – COMMITMENTS AND JOINT GUIDELINES IN THE AREA OF SOCIAL, SOCIETAL AND ENVIRONMENTAL RESPONSIBLITY 3-1- RESPONSIBILITY WITH REGARD TO EMPLOYEES

Appears in 2 contracts

Samples: Agreement, Agreement

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Scope of Application of the Agreement. The EDF Group CSR Agreement is intended to be a common foundation for the companies in which EDF exercises direct control. Given the formalised conditions for follow-up that it henceforth implies, this Agreement shall apply to EDF SA as well as the companies included in the attached Annexe 1, starting from the date of its entry into force. After this date, this Agreement shall be intended to be applied to companies of over 50 employees over which EDF SA holds direct control (i.e. companies in which EDF owns a majority shareholding, or enjoys a majority of voting rights linked to the stock issued) as well as the companies of over 50 employees in which EDF SA directly or indirectly holds at least 45% of the capital. The effective application of this Agreement to the companies mentioned in the previous paragraph is contingent on the express adherence of said companies to this Agreement, as evidenced by the conclusion of an Adherence Agreement in accordance with the model enclosed in Annexe 2. As these are companies with over 50 employees, of which EDF SA directly or indirectly holds between 45% and 50% of the capital, the validity of the adherence agreement is furthermore contingent on its signature by the representative of the EDF SA Management. The conclusion of an Adherence Agreement is possible at any time during the period of validity of this Agreement and is deemed acceptance of these provisions. The entry into force of the Adherence Agreement also implies acceptance of this adherence by EDF SA and all the companies already covered by the Agreement. In the event that a company no longer fulfils the criteria defined above, this Agreement shall then cease immediately to be applicable. The companies included in the list in Annexe 1, as well as those that will have effectively adhered to this Agreement will hereinafter be designated as “the Companies of the Group”, “EDF Group” or “the Group”. In those companies where EDF SA exercises significant influence without exercising any direct control, as well as in the companies with fewer than 50 employees in which EDF SA exercises direct control, the signatory parties undertake to promote this Agreement in an effort to encourage the adoption and application of its provisions. EDF Group companies hereby undertake to comply strictly with national and local laws as well as other collective agreements, and more particularly where such laws provide for more extensive requirements than the provisions of this Agreement. II – UNIVERSAL STANDARDS RESPECT FOR HUMAN RIGHTS Article 1 Respect for Human Rights Conventions of the International Labour Organization (ILO) EDF Group endorses as its own the international commitments of the United Nations for the protection and defence of human rights: the 1948 Universal Declaration of Human Rights, the 1967 Declaration on the Elimination of All Form of Discrimination against Women, as well as the 1959 Declaration on the Rights of the Child. It also draws upon the OECD Guidelines for Multinational Enterprises adopted on 27 June 2000. EDF Group reaffirms its adherence to the Ten Principles of the United Nations Global Compact of July 2000 (10th principle adopted in June 2004). It undertakes, with the signatory parties, to promote them to its suppliers. EDF Group undertakes to comply and enforce compliance with the ILO Fundamental Conventions in all companies under its direct control: Guaranteeing the freedom of association and principles of collective bargaining: Convention 87 on the Freedom of Association and Protection of the Right to Organise, 1948 Convention 98 on the Right to Organise and Collective Bargaining, 1949 Abolishing the use of forced and compulsory labour: Convention 29 on Forced Labour, 1930 Convention 105 on the Abolition of Forced Labour, 1957 Prohibiting child labour and exploitation: Convention 138 on Minimum Age, 1973 Convention 182 on the Worst Forms of Child Labour, 1999 Fighting against discrimination: Convention 100 on Equal Remuneration, 1951 Convention 111 concerning Discrimination (Employment and Occupation), 1958 This commitment is also valid in the countries that have not yet ratified these conventions. This is also the case for Convention 135 of 1971 concerning worker representatives, insofar as local law does not impose provisions to the contrary. In countries that have not ratified these conventions, the signatories may, depending on local contexts, promote the conventions to professional organisations and the competent local authorities, by emphasizing the value of the experience of their application within EDF Group companies. III – COMMITMENTS AND JOINT GUIDELINES IN THE AREA OF SOCIAL, SOCIETAL AND ENVIRONMENTAL RESPONSIBLITY 3-1- RESPONSIBILITY WITH REGARD TO EMPLOYEES.

Appears in 2 contracts

Samples: ec.europa.eu, irshare.eu

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