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IR Notes 65 – 7 December 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
Francisco Gomez Abelleira, Jan Czarzasty, Alain Lefebvre and Frédéric
Turlan.
Find out more about the IR Share
team on our website
Subscribe to IR
Notes Via the IR
Share website or by calling us on: +33 (0)6 81 41 53 95 or
E-mail: frederic.t@irshare.eu
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Interview
Christine Aumayr-Pintar, senior programme manager responsible for the
European Observatory of Working Life (EurWORK)
The Foundation for the Improvement
of Living and Working Conditions (Eurofound) recently published
a study on the integration of refugees on the labour market.
What are the key lessons learned? Living conditions in reception centres are
often inadequate to prepare people for joining the labour market.
Overcrowding and poor conditions are reported, as well as a lack of
accommodation. There are problems with the availability of
externally provided services, and coordination between these
services can be difficult. Although the geographical distribution of
asylum seekers and refugees is planned, in most cases proximity of
jobs cannot be considered as a factor due to housing shortages. In
many countries, the granting of asylum has become temporary in the
wake of the crisis. Provision of temporary asylum can weaken
refugees’ position in the labour market since it may deter employers
from hiring them, offering them longer-term contracts or investing
in training. For asylum seekers, opportunities for self-employment
are very limited, mainly due to the uncertainty of their status.
Employment considerations are important when deciding the
geographical distribution of refugees and asylum seekers within a
country. But where there is a shortage of housing, it is often not
possible to pay sufficient attention to labour market integration.
Therefore, when new housing opportunities are explored, the
availability of jobs should be taken into account.
The Foundation organised a seminar
on 29 November last in Berlin with representatives from several
countries on the question of integrating refugees on the labour
market. Based on the good practices shared, which would be your
recommendations to the member states? Governments and social partners in the most
affected countries have had to react to situations quickly and some
have done so in rather ‘creative’ ways, testing and fine tuning new
approaches as they went along. One good example of such a reaction
is that of the Swedish white collar trade union TCO, which
implemented so called ‘fast track’ programmes for refugees into the
labour market. Without compromising on the required level of
qualification needed, they seek to ‘tweak’ qualification paths for
refugees: This starts with an early assessment of their skills and
qualifications (in their national languages) and allows them to
undergo the first stages of their training in their national
language, before they have obtained the required level of
Swedish.
Do the social partners have a
particular responsibility when it comes to facilitating the
integration of refugees on the labour
market? The
social partners play an active role in most of the key destination
countries, where they focus on important topics such as education
and apprenticeships, accelerating labour market access, and
recruitment of refugees. Joint statements by the social partners
often stress the desirability of sustainable and fast integration of
refugees and asylum seekers into the labour market. While trade
unions tend to emphasise sustainable integration, to ensure that
refugees and asylum seekers can live and work within a country over
the long term, employers focus on fast integration, to boost their
competitiveness by using the new resources efficiently. On the other
hand, in several countries, the importance of the social partners’
role in labour market integration is not sufficiently recognised.
Not only could their experience on the ground be useful, but better
coordination with them as actors (together with other relevant
players) could also lead to a more efficient implementation of the
integration process.
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Diary
8-9 December
Brussels
Employment, Social Policy, Health and Consumer Affairs Council Progress
report on the revised posting of workers directive.
8 December
Paris
Meeting of the EWC Club led by the French association Astrées and IR
Share on the subject of “improving the functioning of European works
councils”. Tel.: +33 6 81 41 53 95.
16
December Brussels Monthly
Forum of the European Trade Union Institute: Occupational Cancer in
Europe.
30-31 January
Hamburg
Annual seminar on European works councils organised by the EWC Academy
on the latest developments and consequences of Brexit (see programme).
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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
Towards
increasing multinationals’ accountability
In France, the National Assembly on 29 November approved a draft law
concerning the duty of vigilance applicable to parent and contracting
companies (also see the text approved on
29 November), introduced with NGO support in the wake of the Rana Plaza disaster in
2013, in which more than one thousand workers in the garment industry in Bangladesh
died. At the time it transpired that these employees were working on orders
subcontracted by large, global textile or retail groups. The legislation has still
to go before the second chamber of parliament, the Senate, (where it is likely again
to be rejected) before being definitively adopted by the National Assembly at final
reading. As the proposal explains, “The point is to make transnational companies
accountable in order to prevent the occurrence of tragedies in France and abroad and
to obtain compensation for the victims in case of harm to human rights or the
environment”. The draft legislation provides for large companies with more than
5,000 employees in France (or 10,000 if they also have subsidiaries abroad) to be
required to draw up and implement a vigilance plan intended to prevent serious harm
to human rights and fundamental freedoms, human health and safety and the
environment arising from their activities. However, this obligation would also be
extended to companies they control, as well as the activities of their
subcontractors or suppliers. A deterrent fine (of up to € 10 million) is envisaged
should companies fail to meet this obligation. Furthermore, should an accident occur
on the premises of a subcontractor, the multinational which placed the original
order could be held responsible if the complainant proves that its loss is linked to
the absence of a vigilance plan or its ineffectual implementation. A judge could
then impose a maximum fine of € 30 million. This legislation, which now has a good
chance of being adopted, was welcomed by the international trade union federation
IndustriAll Global Union, which is very active in its pursuit of compensation for
the victims of the Rana Plaza incident (see IndustriAll press
release). By contrast, Medef, the principal French employers’ organisation,
has published a press release denouncing a “Francocentric law” which “introduces
obligations whose scope is far too broad and vague” (see press
release). This initiative also echoes the text that was finalised
by the negotiators of the Council, the Commission and the European Parliament to
exclude “conflict” or “blood” minerals from the EU market. This regulation
will ensure that, from 2021, the minerals and metals used in the EU, such as
tantalum, tungsten, tin and gold – which are indispensable in the production of
devices such as mobile phones – do not help to arm militias or fund human rights
abuses in conflict zones. The Parliament has considerably strengthened the
Commission’s proposal for a system of voluntary checks based on the creation of a
responsible importer label (see press
release of June 2016 and link to Parliament press conference).
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1. European
Union
Legislative
proposal
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Social
update
- European aid for retail sector employees
made redundant in the Netherlands: In response to a
request from the Netherlands, the European Commission on 29 November proposed
the allocation of € 1.8 million from the European Globalisation Adjustment Fund
to retrain 800 of the 1,096 employees made redundant by six companies in the
retail sector (see press
release).
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Sectoral
social dialogue
Joint position on digitalisation in the
chemical industry: The European social partners in the
chemical industry on 22 November adopted a joint
position on social and employment-related aspects of digitalisation. As a
consequence of digitalisation, “a certain number of jobs will fall into obsolescence
or face radical redesigning with the incorporation of new digital technologies”,
while “others, newly created, will require specific and new skill sets”. The
signatories insist on the need for a well-skilled workforce and on the involvement
of the social partners at all levels, particularly in works councils and at company
level, with a view to “mitigating digital transformation processes by raising
awareness and exchanging best practices”.
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Case law
- Definition of “worker” in the meaning of
the directive on temporary agency work: The European
Court of Justice has outlined the concept of “worker” in the meaning of
directive 2008/104 on temporary agency work (CJEU,
17 November 2016, case C-216/15, Betriebsrat der Ruhrlandklinik). In the
eyes of the Court, too narrow a definition of what constitutes a temporary
agency worker would allow the member states or temporary work agencies “to
exclude at their discretion certain categories of persons from the benefit of
the protection intended” by the directive. The Court found that the concept of
“worker” in the meaning of directive 2008/104 covers “any person who carries out
work, that is to say, who, for a certain period of time, performs services for
and under the direction of another person, in return for which he receives
remuneration, and who is protected on that basis in the Member State concerned,
irrespective of the legal characterisation of his employment relationship under
national law, the nature of legal relationship between those two persons and the
form of that relationship”.
- Non-payment of pension contributions and
employer’s insolvency: The European Court of Justice has
issued a ruling (CJEU,
24 November 2016, case C-454/15, Webb-Sämann) in a case concerning an
employee whose bankrupt employer had for several months made deductions from his
salary in respect of pension contributions but did not pay the amounts into the
employee’s pension account. The effect of this omission was to reduce the
employee’s pension by an amount between EUR 5 and EUR 7 per month. The question
was whether these sums were protected by directive 2008/94 of 22 October 2008
concerning worker protection in the event of employer insolvency. In the eyes of
the European Court of Justice, according to article 8 of the said directive,
“money withheld from a former employee’s salary converted into pension
contributions” is included in the salary elements (the “scope of the insolvency
proceedings”) which must be guaranteed by the directive.
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2. Member
states
Greece
Increased accountability for employees involved
in road traffic accidents: The Greek supreme court has
issued two rulings that pave the way for employers to demand compensation from
employees who have been involved in a road traffic accident if the latter have
caused damages to their employer. As a case in point, a Greek truck driver lost
control over his vehicle on a road in Italy, causing the vehicle and its load to be
destroyed. He was found to be responsible for the accident, and the employer was
entitled to demand compensation from him. In another case, a driver came off the
road when driving in the mountains and died in a ravine. His family brought a legal
action against the employer, believing that the accident was caused by fatigue as a
result of the driver having to perform overtime hours without taking rest breaks.
The court first seised for its part found that he was not wearing a seat-belt and
that he bore 40% of the responsibility for the accident. However, the supreme court
found that, when the accident happened, he had not worked during the previous four
days, and on the day itself, he had only driven for a few hours. Consequently, he
was found to be responsible for the accident. The employer was therefore entitled to
demand the payment of damages and interest.
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Poland
Unions resist forthcoming reform of compulsory
education: The forthcoming major reform of compulsory
education (the three-tier system to be replaced with a two-tier one, with middle
school eradicated) has been awaited with great anxiety by public schoolteachers
fearing substantial redundancies. At the beginning of a schoolyear, the details of
the reform were still unknown. In autumn the Polish Teachers’ Union (ZNP) – the
largest sectoral organization – took active stance against the approaching changes.
In October ZNP held a series of rallies across the country in a gesture of protest
to the reform and disagreement with the government’s indifference to any critical
voices. According to the organisers, over 25,000 people took part in the rallies
(see press
release). In late November, a massive (estimates of the number of
participants vary: from several to even 50,000, as the organisers claim)
demonstration led by ZNP marched through Warsaw to the Parliament on the day of the
first reading of the draft legislation (see press
article).
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Spain
- Minimum wage rise agreed:
An agreement has been reached in the parliament to raise the minimum wage by 8%.
This will bring the national minimum wage to approximately € 825 per month (12
monthly payments per year) for a full-time worker in 2017.
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Sweden
- Proposal to structure work on digital
platforms: The Swedish trade union federation Unionen
has put forward the idea of creating a new agency to regulate digital platforms
such as Uber, Airbnb, Foodora and TaskRunner. The proposal will be included in
the national collective bargaining round for 2017. According to Unionen,
platforms such as Uber and Airbnb would be required to apply for certification
from the new agency. The main objectives are to develop a common framework for
the payment of taxes and social security contributions, for social rating
systems and for improved personal data management, some of the main areas which
Unionen currently regards as problematic.
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3.
Companies
European
works councils
- Schreiber Foods: The
American dairy group (7,000 employees, including 1,452 in the EU) on 23 November
this year concluded an agreement
on the establishment of a European works council (in Spanish). The group
employs people in Germany, Bulgaria, Spain (734 employees), Portugal, the Czech
Republic and Slovakia. According to Enrico Somaglia, company policy officer at
the European trade union federation EFFAT, the provisions of the agreement “go
far beyond the standards of the EWC directive” (see EFFAT press
release).
> Also see the agreement
signed at the Erwin Hymer Group (in German).
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Company-level agreements
Orange: The management of the
telecommunications group Orange (154,000 employees, including 96,000 in France) on
27 September signed an agreement
on measures to accompany the company’s digital transformation. This is the
first agreement at one of the 40 companies listed on the Paris Stock Exchange to be
entirely dedicated to the digital transformation issue. Part of the agreement in
particular aims to ensure respect for the work-life balance by guaranteeing a right
to switch off. Orange “strongly recommends to employees that they do not use their
electronic mail or other communication tools during daily and weekly rest periods or
when on leave in order to guarantee that these periods are respected”. To achieve
this, the agreement says that management has a duty to set an example in the way it
uses digital tools and “must ensure that this right is
respected”.
- Volkswagen: The future of
the group and its global workforce has been sealed by an agreement concluded
between the management of the German car manufacturer, the IG Metall trade union
and representatives of the Volkswagen world works council. Under the agreement,
entitled “Pact for the future”, Volkswagen plans to cut 30,000 jobs, including
23,000 in Germany, by 2025 without compulsory redundancies and by making use of
early retirement schemes (see press
releases of IndustriAll, and IG
Metall). Elsewhere, as part of a training programme initiated by the
world works council, works council representatives from Brazil, Spain and
Portugal visited the company’s location in Wolfsburg (Germany) and held
discussions with representatives of IG Metall on the subject of trade union
cooperation (see IG Metall press
release).
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Trade
unions
- Saint-Gobain: On
23-24 November, IndustriAll Global Union organised the second meeting of the
global trade union network of the Saint-Gobain group (170,000 employees) in
Paris. Discussions focused in particular on precarious work and health and
safety. The participants adopted a work programme for the coming twelve months
(see IndustriAll press
release).
- BAE Systems: The global
trade union network established in 2014 at BAE Systems (82,500 employees), a
British group active in the defence and aerospace sectors, met on 9-10 November
to adopt a new action plan (see IndustriAll press
release).
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4. Studies
and reports
Collective bargaining in support of new rights
for LGBT workers in Italy: The FDV (Fondazione Di Vittorio)
in collaboration with the Italian General Confederation of Labour (CGIL) and its
federation for commerce and the services sector FILCAMS, has published a study
(in English or Italian)
on the role of collective bargaining in improving the rights of LGBT workers. The
study is based on an analysis of the most recent collective agreements essentially
negotiated at company level and containing specific measures in support of employees
belonging to these categories. A summary in table form highlights the main clauses.
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