IR Notes

On 16 October the European Parliament’s Committee on Employment and Social Affairs is due to rule on the report on the revision of the directive on the posting of workers drawn up by two of its most influential members, Elisabeth Morin-Chartier (PPE, France) and Agnes Jongerius (S&D, Netherlands). A few days later, on 23^rd October, it will be the turn of the heads of state and of government to rule on the proposed revision, before the parliamentary report, which has been voted on in committee, is put to the vote before the plenary assembly of the Parliament by the end of the year. The two Rapporteurs have done everything in their power to obtain as large a majority as possible on a piece of legislation which has deeply divided Europeans, with a fault line between the Eastern countries from which most posted workers are sent, and the host countries in the West. The main points put forward by the report are as follows: 1/ Extension of the legal basis for the directive, which is currently the article on the freedom to provide services within the EU, to cover the articles in the treaty on social policy and working conditions (articles 151 and 153 of the TFUE) “in order for this legislation to have two feet upon which to stand: the freedom to provide services and the protection of workers”. 2/ A reminder that the directive introduces minimums thresholds to be adhered to for the protection of workers and that it must not be considered as setting any maximum thresholds. It must also point out that it cannot affect the exercising of the European Union’s fundamental rights. 3/ It is pointed out that posted workers must receive pay which is at least equal to the minimum salary applicable in the host country plus any compulsory supplements (see interview). 4/ It is pointed out that any posting-related transport, accommodation and meal costs may not be deducted from the pay. 5/ The Member States are allowed to apply their own regional and sector-specific collective agreements to posted workers (and not only the generally applicable agreements) provided that these texts are clearly published on a single national website setting out the rights in the host country which must be adhered to, especially in terms of pay. 6/ The principle of equal treatment between temporary posted workers and local temporary workers is applied, whilst at the same time reducing the abuse of the posting in cascade of temporary staff. The vote which will take place in committee on 16 October will be a good indication of whether the revision will be supported by a large majority of the Parliament, including in terms of nationalities and, if so, the Parliament’s negotiators will have a stronger hand when it comes to forcing the 28 Member States into a compromise.

Revision of European antidumping legislation: According to an informal agreement on the revision of the antidumping legislation concluded between the Parliament and the Council on 3 October, EU trade defence legislation is expected to take both environmental and international employment standards on board. MEPs stressed that “all parties involved, particularly trade unions, may give input to decisions on trade defence measures”. The legislation now needs to be formally passed by both institutions (see press release).

• A European framework to boost apprenticeships: On 5 October the European Commission adopted a proposal for a recommendation on a European Framework for Quality and Effective Apprenticeships. This initiative, which takes the form of a recommendation made by the Council, invites Member States to take fourteen qualitative criteria on board in order to boost apprenticeships. These include giving apprentices written contracts, ensuring that they are entitled to social protection and that they are either paid or given a compensation (see press release).

• MEPs call for an EU-wide minimum income: In a resolution adopted by a large majority on 28 September, the European Parliament’s Committee on Employment and Social Affairs is calling for the introduction of a minimum income scheme in all Member States with the aim of combating the risk of poverty and exclusion which affects 119 million European citizens (25% of the total EU population) (see press release).


• Intervention by the Adjustment Fund in Italy: On 26 September the European Commission proposed that Italy should be provided with a grant of 3.3 million euros from the European Globalisation Adjustment Fund in order to help 1,610 former employees of Almaviva Contact, a call centre, to find new jobs (see press release).


• Protection for whistleblowers: The European Parliament’s Legal Affairs Committee passed a resolution calling for European rules designed to provide whistleblowers with better protection and support by a large majority on 2 October (see press release).


• Working conditions at low-cost airlines: In a debate about mass cancellations of flights by Ryanair held at the European Parliament on 4 October, a number of MEPs stressed that working conditions at low-cost air carriers ought to be investigated by the Commission. These MEPs feel that competitiveness must not come at the expense of workers’ rights and that poor working conditions can also lead to safety and security problems. The European Commissioner, Violeta Bulc, promised to launch a study on social conditions and mobile workers’ rights in aviation next year (see press release).

Responses to the consultation on the revision of the “carcinogens” directive: The European social partners sent their responses to the first consultation phase, which the European Commission launched in July, on a fresh series of revisions of directive 2004/37 of 29 April 2004 on the protection of workers from risks relating to occupational exposure to carcinogens or mutagens. The employers’ organisation BusinessEurope noted the Commission’s determination to continue with the revision work, whereas the European Trade Union Confederation communicated its requirements in terms of method (setting an exposure standard which must not be exceeded and a more protective standard to be attained gradually) and is calling for the scope of the directive to be extended to cover reprotoxic agents.

• A joint statement by the social partners about Brexit: The employers’ organisation, the CBI and the British Trades Union Congress (TUC) issued a joint statement on 28 September – something which rarely happens in the British industrial relations system – demanding that both the British government and the EU negotiators offer guarantees to expatriate citizens affected by Brexit “within weeks”.

Essity: On 31 May Essity, a Swedish group (with 48,000 employees) specialising in the production and marketing of personal hygiene, paper-based hygiene and health products, set up a group-wide European works council made up of two subcommittees, covering the “Tissue” and “Personal Care” business areas respectively (this agreement is available on the European Trade Union Institute website). The Essity group’s European works council is made up of each of the subcommittees’ two select committees. The agreement specifies that the working language is English. The aim is for all members to be able to communicate in English within two years from the setting up of the committee. The parties give a commitment that candidates for seats on the European works council agree that they will get ready to learn English. According to the agreement, the management undertakes to fund English courses which can go as far as spending five weeks in the United Kingdom.

• Kostal: On 26 June the management of Kostal – a German family-owned group (with 17,075 employees) specialising in electronics – concluded an agreement to set up a European works council (available on the European Trade Union Institute website). The European works council must be consulted before – or at the same time – as the national employee representative bodies. It is specified that if a subsidiary intends to implement any measures before the European works council has been informed and consulted, as required, then the council is entitled to appeal to the central management to carry out mediation. The management shall ensure that any such measures will not be implemented prior to the completion of the information and consultation procedure set out in the agreement on the European works council.

ASOS: On 3 October the management of ASOS, a British online fashion retailer, signed a Global Framework Agreement with the international trade union federation IndustriALL Global Union with the aim of improving the application of international employment standards throughout the ASOS global supply chain, which is made up of more than 600 Tier 1 suppliers (see IndustriALL press release).

• H&M: As had been set out in the Global Framework Agreement which the Swedish textile group H&M signed with the IndustriALL international trade union federation, the “National Monitoring Committees” set up in five countries (Bangladesh, Cambodia, Indonesia, Myanmar and Turkey), met in Bangkok on 1 and 2 October. These Committees are made up of trade unionists at the group’s suppliers and H&M representatives, and they draw up both short and long-term action plans aiming to ensure that suppliers implement the Global Framework Agreement (see press release).


• Inditex: At a meeting held at the headquarters of the Economic and Social Council in Madrid on 4 October the Spanish textile group Inditex and the international trade union federation IndustriALL Global Union celebrated the tenth anniversary of the Global Framework Agreement which they signed with the aim of protecting and promoting working conditions throughout the whole of the Inditex supply chain (see press releases issued by IndustriALL and by Inditex, which give an account of the various stages in the cooperation between Inditex and IndustriALL).

SKF: More than 40 SKF trade union delegates met in Gothenburg (Sweden) from 18 to 21 September, as part of the meeting of the World Union Committee, which represents SKF employees in 20 countries. IndustriALL underlines the fact that “the opportunities and challenges of the fourth industrial revolution were the main topics” of discussion with the management, “together with the Working Climate Analysis and health and safety issues”. A separate meeting of the European works council was held on 18 September (see press release).

• DHL-DP: The management of the Deutsche Post DHL Group (DPDHL), the International Transport Workers’ Federation (ITF) and UNI Global Union have jointly asked the OECD’s German National Contact Point  for Multinational Enterprises to extend the protocol signed in July 2016 to run until 2019, in order to continue with a regular dialogue on industrial relations topics (see UNI Europa press release).


• Korian: Employees and union representatives from Korian, the European leader in support services for senior citizens (with almost 47,000 employees), met in Brussels on 5 and 6 September, with the aim of improving the way they coordinate their action and strategies in order to achieve better salaries and working conditions for the group’s employees working in four Member States (Germany, Belgium, France and Italy). This meeting took place under the auspices of the European Federation of Public Service Unions which is developing a strategy to coordinate trade unions at multinationals in the healthcare sector (see press release).


• Shell: Trade unions representing Shell workers in 14 countries met in Vlaardingen (Netherlands) on 25 and 26 September within the framework of the Shell Global Union Network set up by IndustriALL Global Union. The participants want Shell to recognise the network as a partner for social dialogue on a global scale. The network is also asking Shell to limit the use of precarious work and to apply the same health and safety standards and procedures all over the world, at the same time making them compulsory for the company’s suppliers (see press release).

• Improvement in social conditions in the Union: the latest quarterly report on employment and social developments in Europe was published by the European Commission on 5 October and confirms that there is an improvement in terms of both growth and employment conditions within the Union. Employment rose by 1.5 % in the EU over the second quarter of 2017, and growth reached 2.4% (see press release). The report contains full comparative data on the development of both employment and unemployment (indeed long-term unemployment is still far too high).