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IR Notes 61 – 12 October 2016
www.irshare.eu
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Who we are?
IR Share is a
provider that shares information, documentation and expertise for HR
managers and employee representatives. The IR Share agency operates by
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The team
This issue was produced by Catarina Carvalho, Tamás
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Interview
Jean-Claude Marcourt, Minister of the Economy, Industry, Innovation and
New Technologies of the Walloon Government
What
actions have been taken by the Walloon government since the
announcement by Caterpillar of its plan to close its site at
Gosselies, where more than 2,000 people are
employed? We immediately set up a task
force at Walloon level, bringing together representatives
of government, the trade unions, Sogepa (ed.: an investment fund
that provides investment services and accompanies business
reorganisation initiatives) and Charleroi Strategic Development
Committee. The players responsible for economic development
(Igretec) and the public employment service (Forem) will be included
systematically if the planned closure goes ahead.
And
at federal level? A coordinating team
has been set up at federal level, bringing together the president,
vice-presidents and minister of employment from the Walloon
government and – at federal level – the prime minister, the minister
of the economy and employment, the minister of social affairs and
the minister of the middle class and self-employed, as well as the
trade unions of course. The first meeting was held on 12
September.
Have
you contacted the European
Commission? Specific action was taken
at European level, in particular through the meeting between the
Minister-President of the Walloon Region, the President of the
European Commission, Vice-President Jyrki Katainen and Commissioner
Marianne Thyssen on 7 September. This meeting was followed by the
establishment of a European task force, bringing together the
Walloon president, vice-president and minister of employment and the
responsible EU directorates-general, as well as a certain number of
Walloon players, in particular those represented within the Walloon
task force. This body met for the first time on 3 October and has
decided to convene at monthly intervals. This task force will allow
a close follow-up of the different requests that may be made to
Europe, notably via the European Globalisation Adjustment Fund, but
also in terms of the support that might be given to subcontracting
companies and subcontractors.
What
contact do you have with the trade
unions? We met them immediately on 2
September and are in permanent contact. Sogepa has appointed a team
dedicated to this case, and a law firm has been placed at the
disposal of the trade unions to assist them. At this stage, finding
alternatives to the closure remains the priority of the trade unions
and of government.
How
is coordination between the players being
ensured? My staff has central control
of all the contacts and information concerning this case, in
cooperation with the employment minister’s office. All Walloon
economic operators have been invited to name a single point of
contact in order to facilitate the information exchange. We have
also met the employers’ federations and initiated action involving
the banking sector, where specific procedures have been put in place
with regard to both the workers and subcontractors.
What
action are you taking vis-à-vis the
subcontractors? Sogepa has drawn up a
list of the biggest industrial and logistics subcontractors. They
have been invited to a meeting, and the first individual
appointments have already been organised with a view to targeting
the specific needs of each subcontractor, in terms of financial,
legal and even strategic support.
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Diary
12
October Brussels Presentation
by Marianne Thyssen, EU Commissioner responsible for employment, of the
proposed review of the posted workers’ directive before the Committee on
Employment and Social Affairs of the European Parliament (see programme).
14
October Paris 6th in the
series of colloquiums on social law held by the French Conseil d’Etat
(Council of State) entitled “Le
droit social et la norme internationale” (Social law and
international standards). A round table will be devoted to “The
consideration by judges of European and international social standards”,
with Jean-Philippe Lhernould, Stéphane Gervasoni and Jean-Guy Huglo.
24
October Brussels First
“foresight debate” organised by the European Trade Union Institute on Sustainability:
a European Brand”, with Karl Falkenberg, Senior Adviser for
Sustainable Development to the President of the European Commission,
Luca Visentini, ETUC General Secretary and Philippe Pochet, General
Director of ETUI
9 November Paris DARES, the
research department of the French labour ministry, is holding a
colloquium entitled “Travailleurs
handicapés : quelle place dans l’entreprise ?” (Disabled
workers: their place in business organisations), including a session
presenting public policies pursued in other European countries to
encourage the employment of disabled workers.
22 November Paris Colloquium
organised by DARES entitled “Éclairages
sur la qualité du travail” (Insights into the quality of
employment), presenting research conducted on the basis of the “Working
conditions” survey.
28-29
November Berlin Seminar
organised by the European Foundation for the Improvement of Living and
Working Conditions on EU
labour market integration of asylum-seekers and refugees, with
experts from six Member States (Austria, Belgium, France, Germany,
Luxembourg and the Netherlands).
16
December Brussels Monthly
Forum of the European Trade Union Institute: Occupational Cancer in
Europe.
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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
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since 2009 and for Bulgaria since 2014.
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Lead
story
The European
Parliament presses the Commission to act in connection with collective
redundancies
MEPs on 5 October adopted, by a large majority (472 for, 103 against, 99
abstentions), a resolution on the “Need
for a European reindustrialisation policy in light of the recent Caterpillar and
Alstom cases” in which they call on the European Commission “to consult the
social partners on the effectiveness of legislation on collective dismissals in the
light of” these two cases. While deploring the “gradual financialisation of the real
economy, focused on a short-term financial outlook”, the MEPs define their position
on collective redundancies. They add that the Commission should “consult the social
partners on the opportunity for a revision of the existing legislation”. Such a
review should in particular examine “the involvement in the procedure of all workers
and subcontractors, and effective measures to avoid unlawful collective dismissals
that are not based on real economic reasons, including the possibility of sanctions
– for example, suspending access to EU-funded programmes or demanding the repayment
of public aid granted”. The MEPs also call upon the task force set up by the
Commission in connection with the Caterpillar case “to investigate the way in which
the consultation procedure with the European Works Council (EWC) has been carried
out”. The Commission will then have to “to consider the need to revise the EWC
Directive”. Finally, regarding the European Globalisation Adjustment Fund (EGF),
from which Belgium will seek compensation for the closure of the Caterpillar site,
the resolution gives its full backing to this tool, which is currently being
evaluated by the Commission. The resolution also addresses the players involved in
restructuring: companies “must fulfil their legal obligations” by “prioritising the
information and consultation of workers and the opportunity to review alternatives
put forward by the social partners”. Any restructuring operation should “be
explained and justified to stakeholders, where appropriate, including with respect
to the choice of measures envisaged”. The text also advocates “a local dialogue
comprising all stakeholders to discuss the best possible arrangements in cases of
restructuring”. The MEPs underline “the importance of a sustained social dialogue”
permitting “consensual solutions and common perspectives in the prediction,
prevention and management of the restructuring process” to be found. In this
connection, there is a “need to protect the workers affected, in terms of their
health and working conditions, social security, requalification and reintegration
into the labour market”. Although this resolution is naturally without binding
effect, it underlines that the Parliament will be defending a very protective
attitude towards employees when it comes to discussing the revision of the EWC
directive, the Quality Framework for Restructuring, the European Globalisation
Adjustment Fund and the recasting of the three directives providing a right to
information and consultation.
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1. European
Union
Social
update
- Preparation of Parliament report on a
European Pillar of Social Rights: The Commission
communication presented last March on a “European Pillar of Social Rights” is
the subject of a parliamentary
report prepared by the Portuguese MEP Maria Joao Rodrigues (S & D).
The communication is currently the subject of a public consultation which will
be concluded at the end of December. This report, which will be submitted to a
vote of the Committee on Employment and Social Affairs of the European
Parliament in December before being presented at a plenary session at the
beginning of 2017, calls for concrete measures aimed at reconciling citizens and
workers with the EU. In particular, the text calls for “the enactment of a
directive on fair working conditions for all forms of employment, ensuring for
every worker a core set of enforceable rights” applicable to employees as well
as to “all workers in non-standard forms of employment” (on-demand work,
self-employment, crowd-working, internship or traineeship etc.).
- Europass: The European
Commission on 4 October presented a proposal for a decision
“on a common framework for the provision of better services for skills and
qualifications (Europass)” with a view to enhancing and modernising the
tools offered by Europass (such as the European CV) (see press
release).
- Youth guarantee: The
European Commission on 4 October presented a communication
(in English) which assesses the application of the Youth Guarantee since its
creation in 2013 and suggests ways in which the scheme can be improved (see press
release).
- National productivity boards
established: The European Council on 20 September
published a recommendation
calling on the Eurozone member states to establish national productivity boards
(see press
release). A recommendation recital aims to reassure the social partners,
indicating that the boards will “respect the national practice and institutions
for wage formation” and that their “functioning should not affect the right of
workers and employers, or their respective organisations, to negotiate and
conclude collective agreements at the appropriate levels or to take collective
action”.
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Sectoral
social dialogue
- Relaunch of social dialogue:
The European social partners in the metalworking sector (Ceemet and
IndustriAll Europe) on 19 September adopted a declaration
concerning the relaunch of social dialogue, as initiated by the European
Commission in March 2015. The declaration emphasises the role of sectoral social
dialogue, defending the social partners’ results even if they have not
culminated in binding agreements, as well as the need for autonomy of the social
partners.
- Joint declaration on
retail banking: The European social partners in the
banking sector (UNI Europa Finance and ESBG) on 13 September published a joint
declaration to defend regional retail banking networks, particularly in
the light of the new capital and liquidity standards envisaged by the Basel III
agreement (see UNI
Europa and ESBG
press releases).
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Trade
unions
IndustriAll Global Union congress:
The IndustriAll Global Union international trade union federation held its
congress in Brazil from 4-7 October. The new president is Jörg Hofmann, currently
president of the German metalworkers’ federation IG Metall. He replaces Berthold
Huber. The Brazilian Valter Sanches (of the Brazilian metalworkers’ union, CNM/CUT)
was elected general secretary (see press releases on the composition
of the new executive committee and congress
decisions). The congress amended its statutes to increase women’s participation
within the organisation and welcomed the Union of the Metalworkers and Mechanics of
Iran (UMMI) as an affiliate.
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2. Member
states
Hungary
- Return to civil law contracts in students’
cooperatives: The employment relationships between
students and students’ cooperatives – which are akin to temporary employment
agencies – were previously governed by the Labour Code. The legal framework has
been modified and, since 1 September, the activities performed by student
members of the cooperatives are carried out under a service contract, coming
under the Civil Code, which provides for only limited social rights such as paid
leave. Consequently, apart from a few exceptions, students will no longer
benefit from the protections afforded by the Labour Code.
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Poland
- Remuneration for working at night:
Until now, employees working at night were paid at the same
minimum wage rate as their daytime colleagues. With effect from 1 January 2017,
the 20% allowance linked to working at night can no longer be incorporated when
calculating the minimum wage. As a result, those working nights will receive the
20% premium envisaged by the law on top of the minimum wage.
- Joint position of Polish and German trade
unions on the remuneration of truck drivers: During the
VIIth Polish-German trade union forum, the three Polish trade union
confederations NZZ Solidarnosc, OPZZ and FZZ, together with the German trade
union confederation DGB, signed a joint
letter (in English) to Violeta Bulc, the European Transport
Commissioner. The signatories demand that the German minimum wage be applied to
Polish truck drivers pursuing their activity in Germany, including when in
transit and performing cabotage. Piotr Duda, president of the Polish trade union
NSZZ Solidarnosc, asserts that Poland “must move towards wage equality in the
European Union”.
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Portugal
- Fight against modern forms of
forced labour: Law 28/2016 of 23
August, which came into force on 22 September, introduces the tenth
amendment of the Labour Code. It aims to combat modern forms of forced labour by
extending responsibility for the payment of salaries, social contributions or
fines to players other than the “direct” employer, such as companies in which
the direct employer is a shareholder, companies that use temporary agency
workers or other subcontractors. This joint and subsidiary responsibility
applies not only to the companies but also to the administrators and those in
charge of these companies.
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3.
Companies
European
works councils
Legrand: The management and
members of the European works council of the Legrand group (36,000 employees), which
specialises in electrical and digital infrastructures for buildings, on 22 June 2016
signed an amendment
(in French) to their EWC agreement dated 30 September 2013. The text grants greater
resources to members, provides the EWC with an operating budget of € 6,000 and
revises the consultation process. According to Thierry Chanteraud (CGT), EWC
secretary, “the amendment will allow the European works council to be informed and
consulted more regularly”.
- ArcelorMittal: The three
working parties established by the EWC of ArcelorMittal (employment, health
& safety, sustainable development) are currently finalising their joint work
on the problem of subcontracting in the group. The final joint report is due to
be adopted at the next plenary meeting which will be held before the end of the
year.
- Metro: The management of
Metro (200,000 employees) has decided to change the group’s structure between
now and mid-2017 by splitting its activities between two companies: while one
will subsume the wholesale and food business (Metro Cash & Carry), the other
will be responsible for the distribution of electronic products to the general
public (Saturn). As a result of this transformation, the current European works
council will be maintained within the company carrying out the distribution of
electronic products, while negotiations will begin on establishing a new EWC at
the Metro Cash & Carry entity. A meeting between the management, trade
unions and UNI Europa is scheduled for 3 November to set the timetable for
negotiation.
> Prevention of psychosocial risks:
The European trade union federation EFFAT has placed on its
website resources intended for
European works councils so that they play an active role in preventing
psychosocial risks (access to the resources is restricted to affiliates only).
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Restructuring
Caterpillar: Representatives of
trade union organisations from Caterpillar sites in Belgium, the United Kingdom and
France on 26 September attended a coordination meeting organised by IndustriAll (see
IndustriAll press
release). The trade unions agreed on a series of joint actions to be carried
out, including a “European action day”. European social legislation appears to have
been complied with, the EWC having been notified in advance before the announcement
was made on the site, with a forthcoming extraordinary meeting being called. On the
other hand, the employee representatives denounce the fact that the information
provided to the EWC relates only to the Belgian location, the management taking the
view that the closure of the British site does not form part of the same
restructuring plan and is separate from the shut-down of the Belgian plant,
something contested by IndustriAll.
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Transnational agreements
- H&M: The international
trade union federation IndustriAll, its Swedish affiliate IF Metall and the
management of the H&M textile group on 29 September renewed their global
framework agreement signed in 2015 for one year, making it permanent. According
to the press
release from H&M (in English), the agreement has already allowed
national committees to be set up to monitor the smooth progress of collective
bargaining in Bangladesh, Myanmar, Indonesia and Turkey.
- Tchibo: The international
trade union federation IndustriAll Global Union and Tchibo on 27 September
signed a global
framework agreement that authorises the workers of suppliers of non-food
consumer products to Tchibo and the trade unions active within the supply
companies to engage in collective bargaining of wages, social benefits and
working hours at the companies and throughout the sector.
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Trade
unions
- Shell: Trade union
officials from IndustriAll Global Union affiliates in 18 countries attended the
second Global Union Network meeting on 19-20 September to discuss the situation
for workers in countries in which Shell operates (see press
release). A survey (see press
release, in English) has uncovered the abusive and widespread use of
precarious work at Shell. A letter
(in English) has been sent to the management of Shell with a call to engage in
global social dialogue.
- SKF: The SKF World Union
Committee met on 20-22 September to discuss labour relations within the group.
The participants had an exchange with management, which outlined the strategy
and challenges associated with the “fourth industrial revolution”. They called
for social dialogue to be strengthened at both local and global levels to
support the announced changes (see press
release, in English).
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4. Studies
and reports
“Labour and social transformation in Central
and Eastern Europe”. The thrust of this work
edited by the French economist Violaine Delteil and the Bulgarian sociologist Vassil
Kirov is to gain a bettering understanding of how the economy and industrial
relations function in eastern European countries, not just those most frequently
studied, such as the Czech Republic, Poland or Hungary, but also more distant
nations such as the Balkan states. With contributions from highly respected
academics such as Guglielmo Meardi, Jan Drahokoupil, Martin Myant and John Geary, as
well as some up-and-coming researchers, this work underscores the persistent
weakness of social dialogue in these countries. At the end of the day, the European
Commission has applied very little pressure on the new member states to adopt the
relevant acquis communautaire and has even undermined industrial relations
by its intervention during the 2008 crisis to promote reforms, as happened in
Romania for example, which led to an erosion of the Labour Code and decentralisation
of collective bargaining. Finally, since enlargement, the differences in terms of
industrial relations between western Europe and these countries have not merely
persisted, but have become more acute. However, this is not the only aspect of this
book, which also expands the concept of dependent capitalism and examines inter alia
the impact of the European Social Fund (ESF) and the transfer of migrant remittances
to the forenamed countries in amounts that sometimes exceed those of foreign
investments. >
Labour
and social transformation in Central and Eastern Europe
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