|
| |
IR Notes 110 – 19 December 2018
www.irshare.eu
|
|
|
| |
| |
***Everyone in the IR Share team sends our
readers the season’s greetings and wishes them an enjoyable
Christmas break. We’ll be back with IR Notes 111 on 16 January
2019, after a short winter break. ***
|
|
|
 |
| |
A question for…
Ellen Nygren, a member of the LO trade union confederation’s European and
international affairs department
In
the Swedish general election held on 9 September, the Sweden
Democrats populist party won 17.6% of the popular vote, a
figure somewhat lower than the 20%+ forecast by the opinion
polls. Do you believe that the part played by the LO trade
union confederation was a factor in this
result? Our confederation, which has very close ties
with the Social Democratic party, is, like them, based on democratic
values. We defend workers’ rights in a democratic society that
advocates equal treatment for all. This explains why our members
were active on the ground, in workplaces, discussing these values
and defending democracy. Furthermore, our communications department
supported our members by posting items on social media and launching
a communications campaign to defend the Swedish social model. In
addition to these actions, we also involved our members directly by
asking them to contact other members by telephone to discuss
democratic values and point out that equal treatment for Swedish
nationals and people who come from other countries is not a subject
that should be open to debate. We have no way of proving how
effective these various initiatives were, but the opinion polls
conducted in the weeks leading up to the election certainly showed a
drop in the number of people intending to vote for the Sweden
Democrats party, and this was confirmed by the final election
result.
|
|
|
 |
| |
Who we are?
IR Notes is a
fortnightly newsletter produced by IR Share and its
network of experts, and is available in several European languages
(English, French, German, Italian, Spanish). It offers Europe-wide
monitoring of employment law, labour relations and employment policy. It
is available by subscription for 18 euros per month
The team This issue
was produced by Stepanka
Lehmann
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
Legal notice.
Publisher: IR Share SARL – 5, Les Compères – 89520 Fontenoy, France –
Tel.: +33 (0)6 81 41 53 95 – share capital 1,500 euros – commercial
register (RCS Auxerre): 512 567 959. Managing editor: Frédéric Turlan.
Hosting: Ideal prod – 14 rue Auguste Morel – 89100 Sens – France –
Tel.: + 33 (0)3 86 83 21 21
|
|
|
 |
|
|
|
Lead
story
Short-time
work must not reduce remuneration for paid leave
The Court of Justice has pronounced judgment on a case concerning an employee in the
building sector who disputed the amount of remuneration to which he was entitled in
respect of his paid annual leave (CJEU,
13 December 2018, case C-385/17, Hein). Under German law, periods of
short-time work must not impact on the amount of this remuneration, which is
calculated on the basis of the ordinary remuneration received during periods of
actual work. However, this law allows the social partners to depart from this
principle. Thus, the collective agreement applicable in the building industry allows
periods of short-time work, during which the employee was not working, to be taken
into account in the remuneration calculation. The Court of Justice holds that this
waiver is in breach of EU law. An employee who undergoes periods of short-time work
is entitled “to enjoy, during his period of rest and relaxation, economic conditions
which are comparable to those relating to the exercise of his employment” (see press
release issued by the Court).
|
1. European
Union
Projects
Carcinogens and mutagens: On 6
December, the Council issued a general
approach regarding the proposal amending Directive 2004/37/EC on the
protection of workers from the risks related to exposure to carcinogens or mutagens
at work (see press release issued by the Council
and the Commission).
This third revision of the directive fixes limit values for exposure to five
substances: cadmium, beryllium, arsenic acid, formaldehyde and 4,4’-methylene
(MOCA). The negotiations with a view to the final adoption of this directive will
commence with the European Parliament, whose position, approved on 20 November, is
more favourable on two points to the Commission’s proposal
(see analysis
produced by the European Trade Union Institute). On 11 December, the Parliament also
adopted its position
on the second revision, which relates to eight other agents, including diesel engine
exhaust gases (see press
release). This text now has to be approved by the Council, before being
definitively adopted.
- Access to social protection for all
workers: On 6 December, the Council reached unanimous
political agreement on a proposal for a Council
recommendation on access to social protection for workers and the
self-employed (see Commission
press release).
- European Labour Agency: On
6 December, the Council adopted a general
approach on the proposal for a regulation establishing the European Labour
Agency (see press release issued by the Council
and the European
Commission). This body, which Member States have called an “Agency”
rather than an “Authority”, as it was described in the Commission’s initial
proposal, will be competent to rule on matters linked to cross-border
mobility of labour and to coordination of social security systems within the EU.
The negotiations will commence with the European Parliament, which has adopted
its report
on this text (summary),
with a view to its adoption.
- European Adjustment Fund:
In its report
adopted on 27 November, the European Parliament’s Committee on Employment and
Social Affairs announced its intention to expand the role of the European
Globalisation Adjustment Fund to include restructurings linked to the impact of
climate change. Its new name will be the “European Fund for Transition”
(EFT).
- Working conditions for drivers in the road
transport sector: On 4 December, the Council set out its
position
on reforms of the road transport sector, and in particular of drivers’ working
conditions (see press
release). These reforms were adopted by a qualified majority, with eight
countries voting against them. One provision seeks to combat the use of
so-called “letterbox companies”. This involves ensuring that road transport
operators established in a Member State have a real and continuous presence in
that territory and conduct their business from there. One of the texts sets out
the application of posting rules, and especially of the “equal pay for equal
work” principle. These texts will have to be scrutinised again by the
Parliament’s Transport Committee.
|
Social
update
|
Sectoral
social dialogue
Digitalisation in the banking
industry: On 30 November, the European social partners in
the banking sector adopted a joint
declaration on the impact of digitalisation on employment. In this way the
social dialogue committee of the banking sector, which has a reputation for lack of
dynamism, is addressing the challenge of digitalisation in the wake of the joint
declarations adopted by the following sectors: local
and regional administration, insurance,
the chemical
industry, the metal
industry and the pulp
and paper sector. It is noteworthy that the declaration accepts that “new
forms of work may include freelance work”.
|
Case law
Self-employed workers are entitled to conclude
collective agreements: the decision on the
merits, made by the European Committee of Social Rights on the complaint
submitted by the Irish Congress of Trade Unions v. Ireland, (no. 123/2016) was
published on 12 December following the adoption of a resolution
by the Committee of Ministers. This decision is an interesting one, as it takes the
view that self-employed workers are entitled to negotiate collective agreements that
fix a minimum remuneration, without violating the rules governing competition and
prohibiting anti-competitive agreements. The European Trade Union Confederation has
welcomed
this decision.
|
Study
- Social protection expenditure in the
EU: in 2016, social protection expenditure in the EU
stood at 28.2% of GDP, down slightly compared with 28.4% in 2015 (see Eurostat
press
release).
|
2. Member
States
Czech
Republic
- An increase in the
minimum wage: from 1 January onwards, the monthly
minimum wage will rise from 12,200 crowns (472.87 euros) to 13,350 crowns
(517.44 euros), i.e. a rise of 9.4%. This is the second-largest nominal rise
since the minimum wage was introduced in 1991 (see press
release, in Czech).
|
France
A social revolt staged by the “yellow
vests”: On 19 December this week, the government was due to
present legislative measures translating the promises made by President Macron to
the gilets jaunes [“yellow vests”]: a net rise of 100 euros per month in
the minimum wage; cancelling the tax increase (‘CSG’) imposed at the beginning of
2018, for pensioners living on less than 2,000 euros per month; scrapping tax on
overtime pay; and removing tax from end-of-year bonuses paid up to a value of 1,000
euros. A major
national debate will be launched on: ecological transition, taxation,
democracy and how the State and public services are organised.
|
Luxembourg
- Employment law reform: On
3 December, following the general election held on 14 October, the parties
making up the coalition in power adopted a coalition
agreement with a view to forming a new government. This programmatic
agreement comprises numerous reform projects in the area of employment law: a
revision of the circumstances in which temporary workers and fixed-term
contracts can be used; an increase in the legal minimum amount of annual leave
from 25 to 26 days a year; the introduction of a new public holiday (9 May); a
social consultation to create an entitlement to part-time working in certain
special circumstances, together with the right to return to full-time work; a
bill on prevention of bullying, which “will be presented as soon as possible”,
etc.
|
Spain
- A sharp rise in the minimum wage:
The government has decided to promulgate, on 21 December, a
decree-law increasing the minimum wage by 22.3% from 1 January onwards. It will
rise from the current figure of 637 euros per month to 900 euros (based on 14
monthly payments, i.e. 1,050 euros per month over a 12-month period).
> To
find out more: the European
Foundation for the Improvement of Living and Working Conditions has published a
detailed
summary of developments in the industrial relations and working conditions
landscape compiled by its network of correspondents (Editor’s Note: IR
Share, which publishes IR Notes, is part of this network, and is responsible for
France), and classified by topic and by country. The European Trade Union Institute
(ETUI) has also published the November edition of the Collective
Bargaining newsletter.
|
3.
Companies
European
Works Councils
Managing digitalisation: At the
council’s next plenary meeting in March 2019, the European Works Council of Airbus SE and the group’s
management will sign a declaration of intent (the text is not yet available on our
website) to “use digital technology for the benefit of employees” and to promote
“respect for the protection of personal data and privacy”. The signatories will
ensure that “the technologies and algorithms that we use will remain under the
control of human beings.”
- A duty of care, and health and safety in
the workplace: the European Works Council of the
construction group Eiffage
organised a training course for its members, at Ostend (Belgium), from 10 to 12
December, to finalise an action plan. The council plans to work on implementing
the duty of care incumbent on multinational companies, and on the topic of
health and safety in the workplace. We understand that the course was arranged
with a view to organising themed workshops covering various identified risks,
such as dust, handling chemicals, and working at height or on moving parts.
|
Transnational collective bargaining
- Recognising the win-win nature of
transnational agreements: the European employers’
organisation BusinessEurope and the European Trade Union Confederation have
published the final report on their project relating to “a
win-win approach to transnational industrial relations in multinational
companies“, based on an
analysis of eight transnational agreements: Barilla, Enel, Engie, Metro, Safran, Schneider Electric, Suez and Thyssenkrupp Elevator.
|
Restructuring
- Agreements covering restructuring
plans: the IndustriAll Global Union federation reports a
declaration
concluded in Germany between Bayer and the IG BCE trade
union on maintaining jobs in Germany through to 2025, while the European
trade-union federation Effat has expressed its delight at the agreement concluded regarding
the closure of the Coca-Cola logistics site at
Fuenlabrada in Spain, following a four-year-long dispute.
|
|
|