IR Notes

On 10 September, Eurofound published a comparative report on burnout (work-related exhaustion syndrome) within the EU. The researchers, who noted that this topic is very popular in the media and is the subject of an increasing amount of research at national level, studied the concept of “burnout” for the first time, to examine whether this syndrome is widespread, whether or not it is recognised as an occupational disease, and to look for its causes. The report emphasises the difficulty of establishing a comparative approach to a subject of this nature. Firstly, the definition of “burnout”, when the term itself is used, varies from one country to the other, with some defining it as a disorder or disease, while others, who are fewer in number, classify it directly as an occupational disease. The incidence of burnout also varies as a function of the methodology used in the studies: it is encountered more frequently in surveys based on declarations made by private individuals than in surveys derived from medical diagnostics. Consequently, no harmonised data is available, nor is it possible to compare the situations faced by Europeans vis-à-vis this phenomenon. Nevertheless, the national studies listed confirm that this phenomenon is widespread and growing. They confirm that the main causes are exposure to psychosocial risks, linked to a heavy workload, long working hours and overtime working. The study also describes recent developments in terms of actions taken by the national authorities and by the social partners. The report is therefore a valuable resource, not only for political decision-makers but also for social partners working on this subject, both at national – and even European – level, and for industries and multinational companies working to combat this phenomenon. The document facilitates a joint approach and provides useful examples of practices established by the national authorities and by the social partners.

• Legislative package on company law: the European Trade Union Confederation (ETUC) is mobilising to amend the proposals for a directive put forward by the European Commission, on 25 April, concerning cross-border conversions, mergers and divisions and the use of digital tools and processes in company law (see press release issued by the Commission). In a resolution adopted in June, the ETUC deplores a number of shortcomings in these texts. It is campaigning for more democracy at work and supporting a European appeal to promote this cause. A rally will be organised on 10 October, in front of the European Parliament, in Brussels.

Collective redundancies: Directive 92/56 of 24 June 1992 relating to collective redundancies requires employers to consult employees where they are contemplating collective redundancies. This obligation applies “independently of the fact that the decision on collective redundancies emanates from the employer or from an undertaking which controls that employer”. When questioned once again regarding this notion of an “undertaking which controls that employer”, the Court of Justice held that such control does not result only from capital links exercising control over the employer such as holding a majority of the share capital or the voting rights (CJEU, 7 August 2018, case C‑61/17, C‑62/17 and C‑72/17, Bichat). The Court adds that “situations in which an undertaking, while not having the majority of votes […], is able to exercise decisive influence […], which is expressed in the results of votes in company bodies owing, inter alia, to the employer having dispersed capital, a relatively low level of participation by the members at general meetings or the existence of pacts between members within that employer, must also be regarded as falling within that notion.”

• Further reforms in the areas of social affairs and employment. The law “on freedom to choose one’s professional future”, adopted by Parliament on 1 August, was published on 7 September. This important text introduces in-depth reforms, notably in the areas of vocational training and sandwich courses, announces a new reform of the unemployment benefit system, creates an obligation to achieve a result in terms of equal pay for men and women, and reinforces the battle against sexual and sexist violence, and against fraud linked to the posting of workers.

Consequences of a no-deal Brexit: On 23 August, the British government published guidance on workplace rights if there’s no Brexit deal with the EU on social legislation. While the majority of UK legislation transposing European directives is expected to remain in force, the guidance emphasises that the statutory framework concerning European Works Councils would require a reciprocal agreement from the EU. In the event of a no-deal Brexit, UK regulations will be amended so that: 1° no new requests to set up a European Works Council can be made; 2° provisions relevant to the ongoing operation of existing European Works Councils will remain in force; 3° requests for information or to establish European Works Councils made before EU exit will be allowed to complete, even after the UK has exited the EU.

• Agreement renewed: On 20 June, the management of the Solvay group (12,000 employees in the EU) and the group’s European Works Council members signed an agreement renewing the European Works Council, consolidating its operation and adjusting its composition. Twice a year, the committee secretariat will be extended to encompass four other committee members “with a specific agenda covering miscellaneous subjects such as (…) sustainable development, health and safety, the environment and digitisation”.

• Agreement on a global body: The Solvay Global Forum (SGF), which was established in 2015 on an informal basis within the Solvay group, was the subject of an agreement signed on 7 June. The body, which represents the group’s 30,000 employees, is “made up of eight trade union representatives: four members from the secretariat of the European Works Council plus four employees active in the United States, in Brazil, in China and in Korea”. The IndustriAll Global Union federation is being invited to support the appointment process by consulting its affiliates. The SGF is entitled to sign collective agreements on transnational issues.

Health and safety at work: On 10 July, the management of DS Smith, one of Europe’s leading packaging manufacturers (27,000 employees in 37 countries), signed a Heat Stress Protocol with its European Works Council. The agreement seeks to establish “a joint understanding” on the issues relating to heat stress. The text advocates conducting a formal risk assessment on all sites “to consider the health risks created by the working environment, looking at both hot and (where appropriate) cold working environments.” Following the assessment, sites are required to take necessary action to reduce, mitigate or eliminate the risks of serious harm.

• Fundamental rights at work: On 30 April, the clothing and fashion goods manufacturer Esprit and the IndustriAll Global Union federation signed an international framework agreement on respect for fundamental rights at work applicable to the Esprit supply chain, which represents 525,000 workers at more than 1100 suppliers in 27 countries (see press release).
  > In brief: On 18 September, the French bank BNP Paribas will officially sign a global framework agreement.