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IR Notes 94 – 28 March 2018
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 Catarina Carvalho, Alain Lefebvre, Christer
Thornqvist and Frédéric Turlan. Find out more about the IR Share
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Interview
Andreas Botsch, Head of the Europe and International Department of the
German Trade Union Confederation (DGB) and member of the ETUC Executive
Board.
In an article you
wrote with Susanne Wixforth, Head of Unit at the DGB’s
Europe and International Department, you put forward a
proposal to create a European Minister of Labour.
Isn’t a European
Commissioner sufficient? The progress
made by the European Union shows that the political influence of a
European Employment Commissioner alone is not enough to develop
appropriate counter-positions vis-à-vis the Eurogroup – and
even less vis-à-vis a Commissioner for Economic and
Financial Affairs. The Commission has nonetheless put forward the
idea of creating a European Labour Authority, but such an authority
will not be enough in its own right. A European Minister of Labour
will be essential: someone whose task will be to give fresh impulse
to the ongoing development of social legislation and European
employment law, to promote a social policy agenda within the meaning
of the Gothenburg Summit and to exploit the existing powers
contained in the Treaty on the Functioning of the European Union
(TFEU).
What
powers would a European Minister of Labour
possess? The Union already has
substantial powers at its disposal under Articles
45 et
seq. and Article
153 TFEU. The limits of its
actions are clearly fixed: the Community method does not cover
remuneration, trade union law or strike and lock-out
rights. A European
Minister of Labour could champion the causes of promoting
employment, improving living and working conditions, and ensuring
adequate social protection and lasting high employment levels
(Article
151 TFEU). Support, coordination
and additional powers should come into play wherever individual
national regulations are insufficient. In this regard, the Minister
would be required to follow three basic principles: adherence to the
non-reducing clause (i.e. the prohibition of any forced
relinquishment of acquired rights), provision of minimum
harmonisation levels (though Member States are entitled to go
further than the harmonised minimum protection levels) and upward
convergence. And he/she would have to justify before the European
Parliament the extent to which these objectives had been
achieved.
Could
such an EU Minister of Labour ensure a balance between the
Union’s economic and social
agendas? The EU Minister of Labour
would have to oversee the concrete implementation of the EU
Charter of Fundamental Rights.
He/she could insist that priority be given to the fundamental social
rights provided for in Title IV of the EU Charter of Fundamental
Rights, rather than the freedoms created by the internal market, and
could undertake to deliver a social progress protocol or a progress
clause. The remit of a European Minister of Labour would thus also
involve overseeing, in all matters relating to EU directives in the
area of European company law, the protection and expansion of
collective labour law and workers’ participation in company
decision-making processes. If Europe and its institutions abandon
the value of human labour to the internal market, and if they fail
to tackle the issues of the brain drain, of wage and social dumping,
and of shifting jobs offshore, and to find concrete solutions that
are socially acceptable, they will be yielding to those who regard
the dismantling of Europe as the only viable option. So, in the
spirit of this peace-building project that has now marked its
sixtieth anniversary, we should opt to travel down progressist
European avenues.
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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 of the Dublin Foundation since
2009.
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Lead
story
Commission
adopts a “package of initiatives” aimed at increasing social fairness
On 13 March, the Commission put forward a series of initiatives seeking “to increase
social fairness”, comprised of several proposals involving both legislative and
non-legislative measures (see the Commission’s press
release). In the first instance, the Commission proposes a regulation
establishing a European Labour Authority, which would have three main roles:
1° improving access to information for mobile employees and for employers; 2° making
operational cooperation between Member States genuinely effective; 3° acting as a
conciliation body for cross-border disputes, such as disagreements between national
social security authorities or disputes linked to a restructuring of companies
affecting several Member States. Next, the Commission also put forward a Proposal
for a Recommendation on access to social protection for workers and the
self-employed(see the Commission’s Questions &
answers fact sheet). This type of text is not as binding as a directive, but
is intended to “promote upward convergence between Member States.” The European
Trade Union Confederation welcomed this package of measures (see press
release). There was no immediate reaction on the employers’ side, but
BusinessEurope has already set out its views on improvements
in coverage of social protection, stating that it is in favour of the idea,
provided that the Commission does not propose a binding instrument and abides by the
principle of subsidiarity, which is the case here. As for the European Labour
Authority, BusinessEurope sees little
added value in this, emphasising the risk of adding yet another body to a
set of organisations that are already in existence. Lastly, the Commission
announced that it was working on the introduction of a European social security
number that would enable workers exercising their right to free movement to “easily
prove that they are covered in their country of origin” and to “benefit more quickly
and more easily from the benefits they are entitled to”. > To consult all of the documents
adopted from the “package
of social fairness initiatives”.
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1. European
Union
Projects
Towards the introduction of a European Labour
Authority: the various missions devolved to the future
European Labour Authority (see Lead story and proposal
for a regulation, include: 1° The possibility of supporting (at the request
of the Member States concerned) cross-border monitoring missions, notably within the
framework of combatting fraud associated with the posting of workers. 2° A desire to
increase operational cooperation between social security institutions, especially in
the event of a dispute concerning the validity of an A1 certificate, which is issued
by a national social security authority to confirm that a posted worker belongs to
the social security scheme in his own country. 3° A mediation role to help find
solutions in the event of a cross-border dispute between these social security
authorities or of a restructuring of companies affecting several countries. The
latter objective is a surprise, because the Commission had refused to intervene in
the area of corporate restructuring plans affecting several countries, since the
introduction of its “Quality Framework for Anticipation of Change and
Restructuring”; this was adopted in 2013 but virtually nobody is familiar with it.
Consequently this project is likely to provoke the wrath of the European employers’
organisation BusinessEurope, which is certain to engage in intense lobbying to
thwart it, fearing any intervention that might look like a European labour
inspectorate, whether viewed up close or from afar. > To find out more, see a policy
paper on the ambitions for the European Labour Authority, drafted by the
Institut Notre Europe think tank, founded by Jacques Delors. The European Transport
Workers’ Federation (ETF) welcomes the initiative, but would like the Council and
the Parliament to “give this paper tiger some teeth”. As the situation currently
stands, this authority “lacks hard power, independence, and workers’ representation”
(see press
release). The European Federation of Building and Woodworkers, which covers
the construction sector and is particularly exposed to posting-related fraud, also
welcomes this initiative (see press
release).
- Social protection for all
workers: on 13 March, the European Commission put
forward a Proposal
for a Recommendation on access to social protection for workers and the
self-employed (see the Commission’s Questions
& answers fact sheet) pursuant to principle 12 of the European
Pillar of Social Rights, which states that “Regardless of the type and duration
of their employment relationship, workers, and, under comparable conditions, the
self-employed, have the right to adequate social protection”. This is a
non-binding text that nevertheless invites Member States to change their
national social security system. The recommendation lays down “minimum standards
in the field of social protection” to provide all workers with “formal and
effective coverage, adequacy and transferability of social protection,
transparency of social protection entitlements”. Where a risk arises, States
should “ensure that schemes provide an adequate level of protection to their
members, i.e. sufficient and timely to uphold the standard of living, provide
appropriate income replacement, while always preventing those members from
falling into poverty”. “Contributions to social protection” should be
“proportionate to the contributory capacity of workers and the self-employed”.
- Benchmark on closing the gender pay
gap: on 15 March, Ministers of Employment debated ways
of eliminating the difference in the pay levels of men and women, on the basis
of a Note
issued by the EU Presidency. They discussed ways of improving wage
transparency and exchanged views on the domestic measures that have been most
effective in reducing horizontal and vertical sexual segregation in the
employment market.
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Legislation
Council adopts European framework to promote
apprenticeships: on 15 March, the Council of Employment and
Social Affairs adopted a recommendation
proposing a set of criteria to be followed in order to guarantee the quality of the
training courses followed by young people. The text recommends that a written
agreement should be concluded before the apprenticeship starts. At least one half of
the duration of the apprenticeship should “be carried out in the workplace”.
Apprentices should “be entitled to social protection” and “should be paid or
otherwise compensated” (see press
release). “This is good news for young people entering work”, says Thiébaut
Weber, confederal secretary of the European Trade Union Confederation (see press
release). The employers’ organisation BusinessEurope also welcomes this text
and describes it as “having a good balance” (see position).
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European
social dialogue
- Tripartite social summit:
on 21 March, the representatives of the European institutions and the European
social partners held their tripartite Spring Social Summit (see European Council
press
release). At the summit, the European social partners insisted, in a joint
statement, that the 2020 Multiannual Financial Framework should be
adopted before the election of the new European Parliament, in order not to
delay the necessary investments at EU level. The representatives of the European
Trade Union Confederation also asked the three employers’ organisations to
establish an ambitious programme of work to deploy the principles set forth in
the European Pillar of Social Rights.
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Sectoral
social dialogue
- Central government
administrations: on 21 December 2015, the social
partners of the central government administrations sector signed a European
general framework for informing and consulting civil servants and employees
of central government administrations. They called on the European
Commission to submit a decision proposal to the Council, seeking to make their
agreement applicable at EU level, via a directive. However, on 6 March, the
Commission informed them of its refusal to submit a text to the Council.
Consequently, there will be no directive requiring Member States to incorporate
this agreement into their domestic law. The social partners denounce an
“unprecedented decision” that denies 9.7 million civil servant the right to
receive information and consultation, as guaranteed by the European Pillar of
Social Rights (see press
release issued by the social partners).
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2. Member
States
Belgium
Introduction of a ”home-working alert”:
on 7 March, Federal Employment Minister Kris Peeters set out the
“home-working
alert “ arrangements that can now be triggered by the Royal Meteorological
Institute (IRM) if there is a risk of black ice on the roads. Companies are invited
to make plans, either via labour regulations or company agreements, for procedures
allowing occasional teleworking, so that their employees can work from home in the
event of severe winter weather.
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Finland
- Conflict over weekend working at banks:
trade unions in the financial services sector have called
for strike action within the framework of negotiations concerning a renewal of
the collective agreement that applies to the sector. The conflict relates to the
introduction of weekend working. The employers want to be able to decide this
unilaterally, whereas the unions insist that the changes should rely on
voluntary agreements and local collective agreements to determine the terms of
employment (see press
release issued by the Pro trade union). This industrial action is taking
place after five months of negotiations, an initial series of strikes between
Christmas and New Year’s Day, and mediation conducted by the national
negotiation body, which failed. The trade unions are also considering the
possibility of organising sympathy strikes in other sectors, and the trade
unions in the financial services sector in other Nordic countries have declared
their support.
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France
Jurisdiction over disputes involving airline
pilots: the Court of Cassation has issued two rulings
applying EU Court of Justice case law relating to the implementation of
Regulation 44/2001 of 22 December 2000 concerning jurisdiction (Cass.
soc., 28 February 2018, no. G 16-17505 and no.
16-12754). In the case of one pilot, the Court of Cassation notes that he
was assigned to Marseille airport, which was designated as his “home base”, where he
began or ended his working duties and from where he joined the aircraft managed by
his employer. It was at this home base that the pilot received his instructions and
undertook almost one quarter of the flights to or from France. He also lived nearby.
Even though the timetables were prepared in Lisbon and he had to follow training
courses elsewhere, the court took the view that “Marseille airport (…) was the place
where the employee habitually carries out his work, within the meaning of Article
19, point 2, subparagraph a), of Regulation 44/2001. Consequently, although the home
base is not automatically designated as the place of jurisdiction, it forms part of
a body of evidence indicating “the place where the employee habitually carried out
his work”.
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Portugal
- Changes to legislation governing transfers
of undertakings: in the wake of the controversy
surrounding PT Portugal’s misuse of the mechanism governing transfers of
undertakings, which enables companies to transfer workers’ contracts of
employment to other businesses without their consent, with the associated risk
that they will then lose all of their acquired rights one year after the
transfer, Parliament, supported by the left-wing parties, has decided to amend
the Employment Code. Law 14/2018
of 19 March 2018 thus strengthens the rights of employees concerned by a
transfer, notably their right to reject the transfer.
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Sweden
A pending conflict in the Swedish
ports: after a long-standing disagreement between APM
Terminals and the Swedish Dockworkers’ Union (Hamnarbetarförbundet) in the port of
Gothenburg, which is the largest port in Northern Europe, the employers’ association
Ports of Sweden (Sveriges Hamnar, which is affiliated to the Swedish Confederation
of Transport Enterprises) has decided to discontinue all cooperation with
Hamnarbetarförbundet nationwide from 1 April onwards. After almost a year of
stalemate, Sveriges Hamnar’s decision to forbid all of its affiliates to cooperate
in any way with Hamnarbetarförbundet thus came as a big surprise to many observers.
Most notably, all safety representatives nominated by Hamnarbetarförbundet will lose
their rights, and the union will no longer have any access to premises linked to the
workplace. >
Read
more.
- A new measure to facilitate integration
into the labour market: an agreement
has been signed between the government and the social partners to make it easier
for newly arrived immigrants and the long-term unemployed to enter the labour
market. It will now be possible to recruit these categories of workers for a
period of up to two years, at the minimum wage level that applies within the
industry (to be partly funded by the State), while they are following a
vocational training course (see press
release).
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3.
Companies
European
Works Councils
Rockwell Collins: in September
2017, the aircraft parts manufacturer Rockwell Collins (which employs 3,500 people
in the EU) renewed its 2014 European Works Council agreement. The initial
agreement comprised three pages, whose terms and conditions cross-referenced
all of the articles contained in the Luxemburg Employment Code, adopting the
subsidiary provisions of Directive 2009/38. Following the acquisition of parts
manufacturer B/E Aerospace, the company’s management and its European Works Council
members amended
the initial text without setting up a special negotiation group. From now
on, the European Works Council will meet twice a year. It comprises 15 members. The
United Kingdom is the country with the most members (6), ahead of Germany (4),
France (3) and the Netherlands (1). A member also represents the workforce of a
subsidiary company whose employees are split between France, Spain, Italy and
Switzerland. The agreement stipulates that it will continue to cover the United
Kingdom after Brexit.
- A project to develop European Works
Councils in the metalworking industry: on 12 March, the
French trade-union federation FGMM-CFDT organised the launch meeting for a European
project that seeks to identify good and bad practices among
European Works Councils in the metalworking industry, notably in terms
of informing and consulting workers. This project is supported by the European
Commission and by ten or so national trade-union federations from other Member
States. Five seminars will be organised in 2019 in five EU cities with the
participation of experts, and a final conference will be held in Brussels.
Syndex, the designated expert, will be required to produce 30 CVs setting out
details of European Works Councils and to perform eight case studies.
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Trade
unionism
- General Electric:
following a meeting with the directors of General Electric concerning the
group’s strategy within the energy industry, held on 13 March in Paris, in a joint
declaration adopted on 20 March, the European trade unions affiliated to
the European federation IndustriAll Europe reiterate the warning they have
already issued against restructuring decisions “that will have irreversible
consequences for GE’s future” (see press
release).
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4. Studies
and reports
Trends in employment and labour costs in the
EU: Eurostat recently published a set of statistics
concerning evolution
of employment, employment
rates in the EU regions (they rose in 8 out of 10 regions in 2017), job
vacancy rates and hourly
labour costs. The latter document reveals that earnings are catching up to a
certain extent in the countries of Central and Eastern Europe, because in the fourth
quarter of 2017, the ten highest annual increases within the EU were all registered
in the new Member States, such as Romania (+14.3 %), Bulgaria (+12.2 %) and Hungary
(+8.6 %).
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