ASML is currently embroiled in a dispute with Unite the Union (UtU), one of the largest trade unions in Ireland and the UK. The union is seeking to be included in negotiations between the Dutch chip-machine manufacturer and its employees. However, ASML has consistently refused to allow the union a seat at the bargaining table.
This refusal allegedly violates the OECD (Organisation for Economic Co-operation and Development) guidelines. Despite the union’s proposal to use an independent mediator, ASML declined the offer. The company also rejected a mediation offer from the Dutch National Contact Point (NCP) for the OECD Guidelines.
ASML Ireland, based in the university town of Maynooth, maintains that its stance is legally sound. The company argues that Irish law does not explicitly require employers to negotiate with trade unions. In contrast, the union points out that no legislation prevents such negotiations. They further argue that OECD standards mandate that employees must have the opportunity to organise and engage in collective bargaining.
The Dutch NCP is now tasked with determining whether ASML has breached these international standards. While the guidelines are not legally binding in the same way as national law, both the Netherlands and Ireland are signatories. A negative assessment could increase pressure on ASML to change its policy and admit the union to future talks.
This marks the second time in recent months that ASML’s relationship with labour organisations has come under scrutiny. In the Netherlands, trade unions reacted sharply to news of a major restructuring plan that could result in 1,700 job losses. Dutch unions, including FNV, VNC, VHP2, and De Unie, have expressed dismay at the company’s recent conduct. They are demanding clarification from ASML’s management before resuming planned talks regarding the reorganisation.
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