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IR Notes 10 – 21 May 2014
www.irshare.eu
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Interview
Wolfgang Lemb, member of the executive board of IG Metall
Why is IG Metall taking the
European elections seriously? This will be the toughest election since
voting for the European Parliament began. We fear that populist and
radical right-wing parties as well as other groupings hostile to
Europe will gain ground. If the election turnout is particularly
low, these anti-Europeans will obtain proportionately more seats in
the Parliament and will then shape European policy for years to
come. For this reason we at IG Metall have launched a campaign at
company level to convince our members that their vote is important.
At a large number of events we are discussing our demands for a
social Europe with works councils and members. Another election
concern of ours is that radical free-market, neoliberal parties will
again receive a large number of votes, despite the fact that they
have played a major part in the social imbalance in Europe, with the
deregulation of financial markets, privatisation of public services
and liberalisation of the employment markets.
What effects is the austerity policy
having in the EU? We are making a big mistake with the
prevailing austerity policy which, unfortunately, is of course also
being pushed by the German government. However, neither right-wing
populists nor free-market radicals can resolve this crisis. What we
need is a coordinated investment and industrial policy, together
with the recognition that we can win over the people of the EU only
with a fairer social distribution of wealth. It is therefore
important that the workers across Europe take part in this election
on a massive scale and vote for a social Europe.
Do you worry that German workers
will lose interest in Europe? This is a real and understandable concern.
We see at many events how hard it is to generate enthusiasm for the
European Union. As a German trade union, however, we have a
particular historic responsibility for defending the European idea
and European integration, since these have largely brought peace and
prosperity to our continent. Nevertheless, the free-market
orientation of the EU over a period of many years has led to
frustration among many workers in Germany, who see policy being made
almost exclusively in favour of big business and shareholders and
not in the interests of the workforce.
Why should employees take an
interest in the EU? It is still very important to take an
interest in what is being decided in Strasbourg and Brussels because
the powers are steadily increasing at that level. Uncertainty and
annoyance among employees have become particularly clear in the
course of the crisis. At union events we are asked what has happened
to the money that was given to the countries with high levels of
debt during the euro crisis. It is not widely known that money from
the rescue package was all too often used to meet the liabilities of
German banks. Likewise, the German media do not always report on the
wider context of the crisis in Europe, and this results in doubt and
apathy. “We are not going to pay for your crisis,” has been a slogan
at many demonstrations since the crisis began. Regrettably, this is
exactly what has happened. Now we must make a huge effort to avoid
further disaffection among people towards the joint European
project.
Why is the EU Parliament so
important for social and employment
issues? For
us as trade unions, the Parliament is the most important partner in
the legislative process because it is the only EU institution which
has been democratically legitimised. We are strongly in favour of
the Parliament at last being granted the right of initiative in the
legislative process, as is the case in all democracies. Many workers
initially find the European Parliament and the committee work that
goes on there very abstract, but in reality, more than 70 per cent
of the employment-related laws in the Member States have their
origins in European framework legislation. It is consequently clear
that we must work together closely with the European Parliament on
employment and social matters in order to avoid the worst
aberrations which the neoliberal European Commission wishes to
introduce. Until now, we have had mixed success with these
objectives. Moreover, it is not down to IG Metall alone to pursue
these matters, but above all to our European trade union federation
IndustriAll.
Which good things has the EU done
for German employees in recent years? In actual fact, not everything that comes
out of Brussels and Strasbourg is bad. Take the regulation on
temporary agency work for example: that is an important topic for us
in Germany because there has been considerable abuse and not equal
pay as the European directive actually provides. In this case, the
problem therefore lies in the way the European directive is
implemented nationally.
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IR Notes is a
fortnightly newsletter produced by IR
Share and its network of experts, and is available
in several European languages. It offers Europe-wide monitoring of
employment law, labour relations and employment policy. It is available by
subscription for 15 euros per month ; 150 euros per year (excluding tax),
via the IR Share
website. IR Share is a privately- owned, independent,
apolitical company whose aim is to inform and assist all players involved in
social dialogue within and outside Europe. It has been the correspondent
organisation for France and Luxembourg of the Dublin Foundation since 2009
and for Bulgaria since 2014.
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Lead story
Europe’s
trade unions urge voting in the European elections
The European trade union movement is campaigning strongly to get citizens, and
employees in particular, to vote in the European elections which will be held from
21 to 25 May to elect a new European Parliament. The European Trade Union
Confederation has launched a campaign for “A new path for Europe” with the
publication of a manifesto
(for other languages click here)
and a call to vote “for those candidates who you think will back new policies, that
will steer Europe on a more social path”. A similar campaign is also being waged by
the European trade union federations, such as IndustriAll Trade Union Europe, which
has adopted a Manifesto
to put industry back to work (for other languages click here) and gives pride
of place on its website to the subject in an interview with its president Michael
Vassiliadis. The EFFAT (food and agriculture) federation adopted a resolution,
calling on members to mobilise “for an election outcome that supports a social
Europe”. At national level, spreading the message is patchy. It is being extremely
well transmitted in Germany, where most of the trade union federations are calling
upon their members to cast their vote and devoting considerable space on their
websites to this topic (see Interview). The message is less audible in other
countries. In Italy, the three main Italian trade union organisations, CGIL, CISL
and UIL, adopted a joint
declaration on 16 May. It is not a direct call to take part in the election,
but appeals to the Italian candidates and future elected members to change the
direction of the EU by supporting a more social policy. In Belgium, the two major
confederations, CSC and FGTB, have published a joint
call to vote in order to mobilise their members in favour of a social vote.
There is no unity in France, where the subject is absent from most of the trade
union organisations’ websites. It remains to be seen whether this mobilisation at
European level succeeds in boosting the election turnout.
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1. European
Union
Legislation
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Social
update
- Validity of quotas in sports
teams: The European Commission on 16 April 2014 asked
Spain to amend its rules on the composition of basketball teams (see press
release). This decision concerns a large number of countries which apply
quotas “of locally trained players”. If the quota is too high, the Commission
believes that it constitutes indirect discrimination towards players from other
Member States. In 2008 the Commission judged as legal a UEFA rule which
essentially obliges football clubs to reserve 32% of places in a team for
home-grown players. In the case of Spain, however, certain championships impose
quotas of between 40% and 88%, which appears excessive in the eyes of the
Commission. There are lessons to be learned by all European sports federations
from this warning to Spain.
- ETUC position on transnational
negotiations: The European Trade Union Confederation
(ETUC) in March adopted a resolution in favour of an
“optional legal framework for transnational negotiations with multinational
companies”. The resolution states in detail the clauses which the ETUC wishes to
include in the optional legal framework – that is to say, which the social
partners can choose to apply to their negotiation – and consequently in the
agreements which the European trade union federations will be called upon to
negotiate.
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European
social dialogue
- A toolkit for gender
equality: The European social partners — the ETUC on the
trade union side, and the employers’ organisations BusinessEurope, CEEP and
UEAPME — have presented a toolkit containing “100 best practices for gender
equality at work” compiled from 25 European countries. They are presented in an
online database. “The
toolkit,” the social partners explain, “is meant to inspire and serve as a
catalyst for the design, negotiation and dissemination of effective measures in
difference enterprises and working environments”. (See press
release)
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2. Member
States
Belgium
- Decree on the use of
Flemish: The European Court of Justice had, in 2013,
found fault with a Flemish decree on the use of languages, judging it to be
contrary to the free movement of people (see CJEU,
16 April 2013, C-202/11, Las). The Flemish government has consequently
amended this disposition by means of a new decree,
published in the Belgian Official Gazette (22-4)(version in Flemish)
which addresses in particular the use of languages in relations between
employers and employees. The official language to be used for employment
relationships between employers and employees remains Flemish, but from now on
it will be possible to add “a version having the force of law” for “individual
employment contracts in one of the languages spoken in the EU or the European
Economic Area and “understood by all the interested parties”. The text specifies
the categories of employees concerned and adds that, in case of difference
between the two versions of the document, “the Flemish version of the document
shall take precedence”.
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France
- Donate a day off to help employees who are
parents of a sick child: A law which entered force on 11
May 2014 (law
No. 2014-459 of 9 May 2014) allows all employees, subject to the
agreement of their employer, as well as civil and military public servants to
give up part or all of their unused days off anonymously and without
consideration to benefit an employee who is the parent of a sick child requiring
his or her presence. The child (aged under 20) must be seriously ill or affected
by a particularly serious illness or disability or have suffered a particularly
serious accident, making the parent’s continued presence and restrictive care
indispensable.
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Germany
- Meeting with works council representatives
at the Ministry of Labour: The employment minister
Andrea Nahles, on 8 May 2014 welcomed the chairpersons of the works councils of
the companies listed on the DAX 30 flagship index. According to the ministerial
statement (in German), the discussions focused on safeguarding skilled
jobs, devising more flexible and family-friendly working patterns, the
“humanisation of the world of work”, as well as abuses concerning service
contracts and temporary agency work. The minister intends to repeat this
exercise regularly and also to invite the HR directors of these major companies.
- 20th DGB congress:
Germany’s largest trade union confederation, Deutscher Gewerkschaftsbund (DGB),
held its 20th
congress from 11 to 16 May in Berlin. It appointed Reiner Hoffmann (58)
to its head, who secured more than 93% of votes of the 392 participants and will
succeed Michael Sommer. His arrival will anchor the German trade union movement
in the EU. This is Reiner Hoffmann’s ambition, having spent 15 years in
Brussels, first as director of the ETUI and subsequently, from 2003 to 2009, as
the deputy general secretary of the ETUC. “I consider my appointment to be a
recognition of my work at a European level.” “We need European rules of play for
a European employment market and a social policy,” he explained in an interview
with the daily newspaper Die Welt.
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Portugal
- Revised layoff
criteria: A law dated 8 May (law 27/2014 of 8
May, in Portuguese) implements the sixth amendment of the Labour Code.
This law, which will enter force on 1 June 2014, defines new criteria for
individual layoffs on economic grounds where a post is being cut: 1. The lowest
performance evaluation; 2. The lowest level of academic and vocational
qualifications; 3. The increased cost to the company of maintaining the post; 4.
The least experience in the role; 5. The lowest seniority in the company. The
text states that “the practical impossibility of maintaining the employment
relationship” can be demonstrated by the employer if there is no other post
compatible with the employee’s occupational group. This requirement is also
applicable to layoffs on grounds of unsuitability.
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United
Kingdom
- Right to flexible working
hours: A law promulgated on 13 March 2014 (Children
and Families Act 2014) from 1 June next extends the right to request
flexible working to all employees. The employer is not obliged to accept, but
must consider the employee’s request in a “reasonable manner” and act in
accordance with the guide published by Acas, the public organisation for
conciliation and arbitration in labour disputes.
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3.
Companies
European
Works Councils
- Imerys: The management of the world leader in mineral-based
specialty solutions for industry, the French group Imerys
(15,805 employees), is concluding the review of its European works council
agreement, which had already incorporated the provisions of the recast directive
of 6 May 2009 in a renewal
agreement signed in 2010.
- Lafarge-Holcim: Following
the announcement on 7 April 2014 of the merger of the two cement groups Lafarge
(64,000 employees) and Holcim
(71,000 employees), the European Federation of Building and Woodworkers (EFBWW) organised a
meeting in Brussels of the select committees of the European works councils of
the two groups to coordinate the actions of the two bodies during the merger
process. On the Lafarge side, the EWC requested the negotiation of an “agreement
on method” at an initial information meeting on the merger which, according to
the EFBWW, will allow: 1. Identification of the different stages of the
information and consultation procedure; 2. Provision of resources to permit the
workers’ representatives to work on the dossier by attending meetings of the
ETUC in Brussels or at the European Commission, for example; 3. Engagement on
the setup of a new council as soon as the merger takes effect. At Holcim, the
employee representatives are attempting a similar approach.
- Microsoft: The CGIL trade
union federation in Italy and the FGM-CGT in France have made a formal request
for a European works council to be established at the American IT group
Microsoft.
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Transnational agreements
- GDF Suez: The management
of the French energy group GDF
Suez (147,200
employees) and three international trade union federations – the IndustriAll energy and
industry federation, the BWI federation for
the construction industry and the PSI
public services federation –
on 13 May 2014 signed a global
agreement on health and safety at work. The same parties had on
16 November 2010 signed a global
agreement on fundamental rights, social dialogue and sustainable
development which provided for the negotiation of future global accords in
particular on training, restructuring, sustainable development and health and
safety, which thus becomes the subject of this first application of the global
deal. The new accord retains the main content of the group
agreement on fundamental principles regarding health and safety dated 23
February 2010. At the time, the group had unilaterally decided to extend
this European agreement to its world operations. Now these commitments are
incorporated in an international collective agreement. The obligations
undertaken will be followed up by a joint “extended health and safety reference
committee”, made up of eight management and eight employee representatives
respectively, appointed by the three trade union federations which signed the
agreement and by the monitoring committee set up within the EWC for the European
agreement. The new committee must represent the different geographical regions
and include at least three women.
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Good
practice
- Schneider
Electric: In a press release the French
trade union CFDT has announced an interesting initiative in connection with the
decision taken in 2012 by the Schneider Electric group to relocate part of the
production of its Gardy subsidiary (130 employees) from France to Bulgaria in
2015. Fearing a site closure, the trade union explains that it has convinced the
management “to enter into an innovative joint approach based on the anticipation
of employment problems and the upgrading of skills”. Supported by employment
consultants Syndex, a joint group was formed in 2013 by the players affected by
the move: the CFDT representatives, along with those of the CFE-CGC trade union,
the local management, and the senior management of Schneider Electric France.
The group has worked for one year on two areas: analysing the collective skills
at the site and devising reindustrialisation solutions by drawing up a “CV ” of
the site in order to find a buyer. In the end, the site is to be gradually taken
over by Lucibel, a manufacturer of LED lamps, which intends to relocate
production currently carried out in China to the plant.
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4. Studies
and reports
Europe faces its social
problems: A study by the European think-tank Bruegel
addresses the social impact of the austerity policy pursued across Europe and
highlights the worsening of the situation for younger generations. The document
demonstrates that the high level of unemployment, the rise in poverty and
inequalities are impeding long-term growth in Europe; on this basis, it makes a
series of recommendations for combating these phenomena as quickly as possible (Europe’s
social problem and its implications for economic growth, Bruegel policy
brief, 2014/03, April 2014).
- Quality of life for
families: A survey
published by Eurofound on the quality of life in Europe has focused on the fate
of families in the context of the economic crisis and in particular on that of
lone parents (see executive summary EN).
The survey includes a certain number of recommendations about helping lone
parents into work, getting people who have been recently made redundant back
into work as soon as possible so as “to avoid the risk of disadvantage becoming
entrenched” as well as making flexible working hours more widely available and
taking measures to help families combine work and family commitments.
- World review of maternity and
paternity: The International Labour Organisation (ILO)
has published a report on national law and practice on maternity and paternity
across the world (link to the summary and to the full
report in English). The report compares the national legislation of 185
countries and territories with the ILO’s most recent standards. The ILO finds
there is a gradual shift towards maternity leave with a minimum duration of 14
weeks (the standard recommended by the ILO). Of the 185 countries, only three
provide no statutory cash benefits during maternity leave, and more than 100
countries now finance benefits through social security, reducing employers’
liability. Out of 167 countries examined, a statutory right to paternity leave
is found in 78, and in 70 of these paternity leave is paid.
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Phrase of
the fortnight
The European
Parliament
The European Parliament, which represents 500 million European citizens, does not
have the traditional attribute of democratic assemblies, that of proposing
legislation, even if a small step in this direction has been taken since the Lisbon
Treaty. The Parliament can effectively adopt a resolution asking the European
Commission to take the initiative on a particular subject. Indeed, under Article 225
TFEU, the Parliament may “request the Commission to submit any appropriate
legislative proposal. It may also, at the same time, fix a deadline for the
submission of such a proposal”. The bulk of the European Parliament’s work is
conducted in its committees, such as the Committee on Employment and Social Affairs,
which deals with issues relating to jobs, social protection and labour law. See the
European
Industrial Relations Dictionary (in English) for further details.
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