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IR Notes 64 – 23 November 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
way of online publications, working groups, training devoted to relevant
topics and a network of experts.
The team
This issue was produced by Frédéric Turlan. Find out more
about the IR Share team
on our website
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Notes Via the IR
Share website or by calling us on:
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Interview
Agnès Parent-Thirion, research manager at the European Foundation for the
Improvement of Living and Working Conditions (Eurofound)
Eurofound has published its 6th
European Working Conditions Survey. Conducted on the basis
of face-to-face interviews with 43,850 workers in 35
European countries, does the survey reveal an improvement in
working conditions? This is an
extremely difficult question because we cannot yet provide an
accurate, global answer. One of the few generalisations that one can
make is that inequalities appear to have increased. Moreover, on the
basis of the seven job quality indices that we use (physical
environment, work intensity, working time quality, social
environment, skills and discretion, and prospects and earnings), we
can highlight some improvements. But sometimes a positive result
must be read alongside another index, which can qualify the
seemingly good outcome. Future analyses will allow us to calculate
the extent to which the changes are linked to changes in the working
population or in the working conditions themselves.
Which
improvements emerge from the
survey? Some risks have declined
substantially, for instance exposure to tobacco at the workplace,
due to the widespread introduction of anti-smoking legislation in
Europe. This finding demonstrates the relevance of legislation as an
instrument to combat certain risks. Other physical risks are also
being reduced. Access to training over the last twelve months has
improved, but is still too uneven. Autonomy at work has improved,
but this trend must be viewed alongside the levels of work
intensity, which can be very high. Likewise, the proportion of
people working more than 48 hours is continuing to fall, which is
positive. However, in terms of job quality, working time is just one
aspect that must be considered: being requested to work at very
short notice also entails a deterioration. For example, 12 % of the
people who took part in the survey have to be on standby and are
regularly called to come to work straight away, and 13 % are
informed about changes to their work schedule the day before.
Furthermore, 22% stated that they work in their free time.
Have
you found areas of deterioration? The
survey shows that the exposure to chemicals and infectious products
has increased, almost certainly as a result of the growth in
employment in the health sector, but also perhaps because certain
people have to work more and more quickly and possibly do not use
adequate protection equipment. The rise in on-demand work is also
regarded as retrogressive in so far as it requires a high adaptation
capacity on the part of workers. Violence at the workplace remains
at a high level. The same applies to job insecurity: 16 % of
employees feared that they might lose their job in the next six
months, the same proportion as in 2010, when the economic crisis was
at its height. However, if they were to lose their job, more of them
believed that they would be able to find a job with a similar
salary.
> The European
Working Conditions Survey is
available in English. There is also a document containing the
first
findings in several
languages and an executive
summary, as well as an animated
map that shows the
country-by-country responses to each question.
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Diary
24 November Brussels Marianne
Thyssen, European Commissioner for Employment, will receive
representatives of the European trade union federation IndustriAll and
the European works council of Caterpillar.
25 November Brussels Presentation
at the European Trade Union Institute, of the joint work entitled
“Labour and Social Transformation in Central and Eastern
Europe“, which provides a detailed and original analysis of
labour and social transformations in central and eastern European
countries.
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
relations and employment policy. It is available by subscription for 15 euros
per month (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
European
Union should overcome the impact of the 2008 crisis in 2017
Semester, an exercise that will lead next spring to the adoption of country-specific
recommendations for each of the 28 member states in order to strengthen growth in
the EU. The first stage is based on the adoption by the Commission of a series of
communications providing an assessment of the budgetary, economic and social
situation in the EU. The first of these is the Annual
Growth Survey 2017, which “outlines the most pressing economic and social
priorities on which the European Union and its Member States need to focus their
attention in the coming months”. The document is accompanied by a specific recommendation
on the economic policy for the euro area, a communication
“on a positive fiscal stance for the euro area” and a thorough analysis of
economic, labour market and social conditions (the “joint
employment report“). As far as employment is concerned, the Commission
insists in its communication on the annual growth survey on the need for greater
labour market participation by developing a series of policies including improving
the work-life balance, tackling discrimination and enhancing access to childcare
services, housing and long-term care provision. The Commission also calls on the
member states to put in place strategies to facilitate the integration of migrants
and in particular of refugees in the labour market, stressing that, while the influx
of these populations undeniably has “clear economic and fiscal impacts”, these are
“neither unmanageable nor sizeable from a macroeconomic point of view”. The other
priorities are to integrate young people and invest in training because “forecasts
indicate a future shortage of people with vocational and training qualifications”.
The Commission desires “effective social dialogue for a well-functioning social
market economy”, which it says is “crucial”. But it calls upon the member states,
“together with social partners” (…) to “make sure that their wage-setting systems
are effective in delivering both job creation and real income increases, and for
that adjust better to changes in productivity over time” – a recommendation that
will once more be perceived as an interference in the social partners’ autonomy.
Nevertheless, the European Trade Union Confederation welcomed Commissioner Thyssen’s
call for wage-setting to generate real-income increases. “Wage rises are crucial in
increasing internal demand. Without more money in workers’ pockets, Europe will be
unable to achieve a sustainable recovery,” stresses the ETUC (see press
release). In other respects, the data published in the joint
employment report indicate that a certain number of indicators have returned
to pre-2008-crisis levels, thus underlining the beginnings of an emergence from the
crisis, even if growth remains weak and, as the Commission admits, fragile. It is
therefore on the basis of these findings, which will now be discussed at national
parliament level, and on which the social partners are being increasingly consulted,
as underlined by a forthcoming study by the Foundation for the Improvement of Living
and Working Conditions, that the Commission will elaborate its policies and
formulate recommendations for the member states which will be confirmed by the
Council next spring.
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1. European
Union
Social
update
- Assistance from European adjustment
fund: The European Commission on 8 November put forward
a proposal to provide Spain with € 856,800 from the European Globalisation
Adjustment Fund in order to help 250 former workers in the car industry find new
jobs. They were made redundant by 29 businesses located in the Valencian
Community because of a “significant loss of market share of the European
automotive industry over the past decade” (see press
release).
- Demonstration by European
steel-workers: Around 15,000 demonstrators from all over
Europe took to the streets of Brussels on 9 November in a march organised by the
trade union movement in support of a stronger European steel policy that fights
against unfair competition from steel imports from China or Russia (see
IndustriAll press
release).
- The future of work: The
European Economic and Social Committee (EESC) and the International Labour
Organisation (ILO) engaged in a high-level dialogue on the future of work at a
two-day conference that brought together more than 300 representatives of civil
society and European social partners. The dialogue was intended to shed light on
the principal motors of change which are transforming the economy and employment
in Europe (see programme).
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European
social dialogue
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Case law
Access to training and discrimination on
grounds of age: A Netherlands regulation provides for
persons under the age of 30 to deduct the costs of vocational training in full from
their taxable income. By contrast, the right to deduction is limited to an amount of
€ 15,000 for persons who have reached that age. After undertaking training as an
airline pilot costing € 44,057, a 32-year-old Netherlands citizen had deducted that
amount on his income tax and social security return. However, the tax authorities
refused to grant the full deduction because of the man’s age and only deducted the
flat-rate amount. Asked to rule on whether this regulation did not constitute
discrimination on the grounds of age as prohibited by directive 2000/78 of 27
November 2000 (equal treatment), the Court of Justice of the European Union did not
see any breach of the directive “in so far as, first, that scheme is objectively and
reasonably justified by a legitimate objective” aimed at facilitating the
integration of young people on the labour market, and “second, the means of
attaining that objective are appropriate and necessary” (CJEU
10 November 2016, case C-548/15, de Lange).
- Recruitment by competition and
discrimination on grounds of age: The Court of Justice
of the European Union has issued a ruling (CJEU
15 November 2016, case C-258/15, Sorondo) in a case concerning the age
limit applicable to a competition for entry to the police force of the Basque
Country in Spain. The European Court found that directive 2000/78 of 27 November
2000 (equal treatment) does not preclude a rule that sets at 35 the maximum
recruitment age for police officers, in so far as this age limit is strictly
necessary to re-establish an age structure that prevents the operational
capacity and proper functioning of this particular police service from being put
at risk. The court stated that, since the “difference of treatment based on age
stemming from that legislation does not constitute discrimination (…) there is
no need to examine whether it might be justified”.
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2. Member
states
France
- Reform of working hours takes
effect: The decrees concerning the reform of working
hours have appeared in the Official Journal on 19 November to allow the new
provisions envisaged by the “work law” to become applicable on 1 January 2017.
Decrees Nos. 2016-1553
and 2016-1551
dated 18 November notably implement article 8 of the law which restructures the
legislation around working hours on three levels: the first defines the
compulsory public order provisions that apply to the employment relationship;
the second outlines the scope allowed for industry- or company-level collective
bargaining, while the third stipulates the supplementary provisions that apply
in the absence of a collective agreement. The principle, contested by some trade
unions, is to grant precedence to company-level agreements – concluded between
the employer and one or more representative trade unions that have accumulated a
majority of employees’ votes in workplace elections – over industry-level
agreements with regard to most of the provisions relating to working hours. It
will now be possible for a company-level agreement to provide for salary
enhancements for overtime to be reduced to 10% (the legal minimum), even if an
industry-level agreement exists that sets the rate at 25%.
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Germany
- Minimum wage to go up: The
government on 26 October adopted an ordinance to increase the minimum wage from
€ 8.50 to € 8.84 per hour from 1 January 2017 (see press
release).
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3.
Companies
European
works councils
- Thales: The management of
the group on 17 November presented before its European works council a plan to
sell its public transport ticketing and fare collection business, as well as its
motorway toll and car park management activities which employ 850 people, 370 of
them in France. Inside the EU the plan will also affect the workforces employed
in Denmark, Italy and the Netherlands.
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Transnational agreements
ThyssenKrupp: During the “Works
Council Day” organised each year by the German labour ministry and trade unions, the
global framework agreement signed in 2015 by ThyssenKrupp between the management,
works council and international trade union federation IndustriAll received an award
(see IndustriAll press
release). The GFA received the silver
medal in a competition intended to reward the best initiatives taken by
company works councils. The award in particular recognises the online system for
reporting violations of fundamental social rights and provisions of the agreement
(see IndustriAll press
release).
- Scor: The French
reinsurance group Scor (2,581 employees) has signed a global
charter on professional equality between women and men which extends the
commitments of the European Charter signed in 2015 with the joint works council
of the group’s European companies (see press
release of the Scor group). Unlike the European charter, the new text
does not contain a box stating the objectives to be achieved.
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Trade
unions
- Caterpillar: All the
European trade unions affiliated to the European trade union federation
IndustriAll staged a demonstration on 18 November outside the European
headquarters of the Caterpillar group in Geneva (Switzerland) to demand an end
to restructuring, a genuine social dialogue “with Caterpillar’s
decision-makers”, and consideration of alternative proposals for sustainable
economic development (see IndustriAll press
release).
- McDonald’s:
Representatives of the Belgian (ABVV Horval), British (BFAWU) and French (CGT)
trade unions will be heard on 29 November by the European Parliament’s Petition
Committee. They will outline to MEPs the working conditions imposed by
McDonald’s on its workforce. The trade unions have launched an online
petition, calling on the group to end the use of zero hours contracts in
Great Britain and loopholes in the legislation on part-time working in Belgium,
and to stop blocking the creation of works councils in France.
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4. Studies
and reports
Longer working lives: The
expected duration of working life in the European Union stood at 35.4 years on
average in 2015, up by 1.9 years compared with 2005, according to a study
by Eurostat. In detail, over this 10-year period the duration of working life has
increased more rapidly for women (32.8 years in 2015 compared with 30.2 years in
2005, or +2.6 years) than for men (37.9 years in 2015 compared to 36.7 years in
2005, or +1.2 year).
- Pensions at a glance: The
French pensions advisory council (Conseil d’orientation des retraites) has
published an overview of French and foreign retirement systems. The document, in French,
is divided into topic and country fact-sheets.
- Child poverty in the EU:
In 2015, around 25 million children in the EU, that is to say 26.9% of the
population aged from 0 to 17, were at risk of poverty or social exclusion,
according to a study
by Eurostat. Since 2010, the proportion of children affected has slightly
decreased, from 27.5% in 2010 to 26.9% in 2015, although certain countries have
experienced sharp increases, notably Greece (from 28.7% in 2010 to 37.8% in
2015, that is a rise of +9.1 percentage points) and Cyprus (+7.1 points to
28.9%).
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