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IR Notes 122 – 19 June 2019
www.irshare.eu
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A question for…
Alain Lefebvre, IR Share’s national expert for Finland(*)
Can you give us a broad outline of
the social policy of the new Finnish government led by the
Social Democrats? The new government, which is a coalition of
all the parties of the left, the centre and the Greens, has set out
its programme which, unsurprisingly, includes scrapping the previous
government’s activation model for jobseekers, and shifting the
focus of the scheme back to working with employers and trade unions
to set employment and labour market policies. There will also be
investment in education and training which, over recent years, had
seen their resources cut. The surprise stems largely from the idea
of developing a specific apprenticeship system for those unemployed
people who face most difficulty in the labour market. Another
unexpected move is the desire to attract foreign workers, which, in
Finland, was an idea more closely associated with the traditional
right which has a close relationship with employers. The trade
unions welcome these proposals put forward by a Prime Minister who
was formerly the leader of the SAK, the country’s first trade union
confederation. Employers, for their part, delivered a measured
response, but expressed their concern about a project designed to
give employees more flexibility in how they use their annual leave,
and requested that tripartite negotiations be held to consider the
possibility of reforming the right to strike so as to avoid strikes
of a political nature. For the time being, however, everyone is on
hold, due mainly to the relatively pessimistic economic outlook. The
government’s recovery policy might help to avoid a slowdown in
growth, but it is a policy on which experts are divided.
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was produced by Alain
Lefebvre and
Frédéric Turlan. Find
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Lead
story
Definitive
adoption of initial directives based on the European Pillar of Social Rights
At the meeting of the EU Employment and Social Affairs Council held on 13 June, the
Twenty-Eight definitively adopted several texts relating to the term of the Juncker
Commission and of the European Parliament and translating several principles of the
European Pillar of Social Rights, as proclaimed in 2017, into genuine rights for
workers: 1° the Directive
on transparent and predictable working conditions in the European Union (see
Council press
release)
and IR Notes no. 113
for further details) ; 2° the Directive
on work-life balance for parents and carers repealing Directive 2010/18 on
parental leave (see Council press
release
and IR Notes no. 112
for further details). The Council also definitively adopted the regulation
establishing the European Labour Authority (see press
release issued by the Commission) and
chose to locate its head office in Bratislava (Slovakia) (see press
release issued by the Council and
IR Notes no. 114).
In the meantime, it will start work in Brussels in October. The Twenty-Eight also
adopted (non-binding) conclusions on ”The
changing world of work: reflections on new forms of work and implications for
the safety and health of workers“. These conclusions focus on occupational
safety and health issues linked to digitalisation, robotisation, use of artificial
intelligence and development of the digital platform economy (see press
release).
They also approved conclusions entitled “Closing
the Gender Pay Gap: Key Policies and Measures” (see
press release).
The text proposes a number of different avenues and initiatives whereby Member
States and the social partners, at all levels, can reduce wage differentials and
improve everyone’s work-life balance.
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1. European
Union
Legislation
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Social
update
Centenary of the International Labour
Organization (ILO) : the 108th Session
of the International Labour Conference (CIT), taking place from 10 to
21 June, is expected to issue a declaration based on the recommendations of the
Global Commission on the Future of Work (see IR Notes 112), which called for
the disastrous effects of global inequalities to be remedied. The conference is also
expected to adopt a convention on workplace bullying, accompanied by a
recommendation.
- Country-specific
recommendations: On 5 June, the European Commission
presented the 2019
country-specific recommendations giving economic policy guidance to all
EU Member States for the next 12 to 18 months (see press
release). These recommendations give guidance on the reforms to be
followed within the framework of a coordinated approach to European economic
policy.
- Reducing inequalities: for
the first time, the members of the G7, represented by their Employment
Ministers, adopted a Tripartite
Declaration in favour of reducing social inequalities. The G7 members
and the international social partners (IOE, ITUC, TUAC and BIAC) believe that
“acting together is crucial for tackling inequalities, promoting decent work,
including fair and decent wages, and hence, achieving more inclusive growth,
shared prosperity and fair globalization”. (see press
release issued by the Social G7).
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Case law
Fate of leave granted beyond four weeks annual
leave : On 4 June, the Advocate-General
delivered his conclusions regarding two Finnish cases that may have significant
practical consequences for the application of EU Court of Justice case law regarding
the possibility of carrying over any annual leave days not taken for reasons of
sickness during an employee’s four weeks of paid annual leave (CJEU,
concl., 4 June 2019, case C 609/17 and C 610/17, TSN and AKT). The Court of
Justice usually follows these conclusions when it delivers its ruling (which will be
in several months’ time). The distinctive feature of these cases is that the overlap
between paid annual leave days and sick leave days concerns a period extending
beyond the minimum term of four weeks of paid annual leave, as provided for in
Article 7, paragraph 1, of Directive 2003/88. Does the carrying over rule
established by the Court of Justice also apply to paid leave exceeding the minimum
term of four weeks? The Advocate-General believes that this article and Article 31,
paragraph 2, of the Charter of Fundamental Social Rights “must be interpreted as
meaning that they do not preclude national legislation or collective agreements,
such as those at issue in the main proceedings, from which it follows that days of
paid annual leave beyond a period of four weeks cannot be carried over when they
overlap with days of sick leave.”
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2. Member
States
Belgium
Air quality within work premises :
a Royal Decree dated 2 May 2019 has amended
the Well-Being at Work Code [Code du bien-être au travail] as regards
indoor air quality within work premises. To combat sources of pollution, the
employer is now required to conduct a risk analysis of indoor air quality (see press
release).
- Parental leave: a Royal
Decree dated 5 May 2019 introduces greater flexibility into the taking of
certain types of leave, but the employer’s consent will still be required: 1°
taking parental leave on the basis of one half-day per week or one full day
every two weeks; 2° splitting full-time parental leave into separate weeks; 3°
splitting half-time parental leave into separate months. Moreover, leave granted
for the purpose of receiving full-time medical assistance can be taken as a
period of one, two or three weeks (see press
release).
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France
Maternity leave: : pursuant to a
decree
of 27 May 2019, self-employed women are now entitled to receive 112 days of
paid maternity leave, compared to the previous figure of 74 days. Self-employed
women are now eligible for the same amount of paid maternity leave as employees.
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Romania
IVF treatment : order
no. 26/2019 has introduced a new type of leave for female employees who are
undergoing IVF treatment. They will benefit from an additional three days’ paid
annual leave for rest and recuperation, granted as follows: one day at the time of
ovarian puncture and two days following the date of embryo transfer.
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3.
Companies
European
Works Councils
Restructuring :
On 3 June, the members of the European Works Council of the Air Liquide group met in
Frankfurt and issued a declaration concerning the company’s proposed restructuring
of its financial activities linked to its European industries. The plan would
involve creating a shared services centre based in Lisbon to host the company’s
financial activities. The restructuring will affect 500 employees and involve 85 job
losses in 11 countries. The European Works Council has secured management’s
agreement to set up a monitoring committee to oversee the implementation of the
project (see CGT press
releases and, below the press release, the declaration issued by the
European Works Council, in French
and English).
- New council established:
the American group DentsplySirona (8,000
employees in Europe), which manufactures dental implants and prostheses, has
established a European Works Council. The first meeting, held in early June at
Hanau (Germany), discussed a proposed restructuring that would cut the company’s
global workforce by between 6 and 8% (see IG Metall press
release).
- Brexit: On 12 April, the
European Works Council of the aerospace group Safran issued a declaration
on behalf of its 4,000 employees in the United Kingdom, calling for the British
delegation to remain a member of the Council “in the event of a Hard Brexit”.
The Council is concerned that management will “continue to turn a deaf ear to
this request”, in a way that is “completely at odds with the decision taken by
most other major industrial groups in the aerospace industry”.
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Transnational agreement
Renegotiation : On 28 May, the
management of the aerospace group Safran and the negotiating body
comprised of the European trade-union federation IndustriAll Europe, held an initial
meeting to renegotiate the
European agreement on developing skills and career paths signed in 2015.
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