IR Notes

Working together to build a social Europe

An independent, reliable and impartial source of information on industrial relations and labour law in Europe.

IR Notes 130 – Member States urged to expand access to social protection for workers

  IR Notes 130 – 20 November 2019
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  A question for…
Olivier Laviolette, director of the consultancy firm Syndex and responsible of its European offices (in Belgium, Ireland, Poland and the UK)

On 23 and 24 October this year, you convened around fifty participants in Brussels for the final conference of a European project undertaken on behalf of the European Transport Workers’ Federation (ETF), to strengthen the presence of European Works Councils in the transport and logistics sector. Why was this sector targeted?
The “EWCs in transport: More and better participation now!” project, undertaken on behalf of ETF, had twin objectives: one was a trade union objective, which was to create new European Works Councils in a sector in which there is a significant level of transnational coordination of workers but relatively few European Works Councils. The second one was to enhance the practices employed by the existing European Works Council in this sector. We organised half a dozen seminars with a total of more than 200 participants, who were members of either European Works Councils or special negotiating bodies (SNB), or were future SNB members. This project has already enabled us to start negotiations, for example in some activities that had previously been left out, such as airport maintenance.  At the moment we have seven sets of negotiations in progress, at Amazon, Boluda, Eurokai, ID Logistics, Menzies, Norwegian and Swissport. European Works Councils provide a response to the growing transnationalisation of these activities, at a time when more and more of the decisions taken by these groups are made at European or even global level. It is vital that this dimension is taken into account. This project will be followed up by the dissemination of good practices identified by workshops forming part of the project.
>
See also: ETF
press release on the final conference.

 
  Diary

 


25 to 28 November
Strasbourg
Plenary session of the European Parliament.


26 November
Helsinki

Eurofound, in cooperation with the Finnish Ministries of Economic Affairs, Employment, Social Affairs and Health, as well as the Finnish social partners, is organising a seminar on the effects of digitalisation on the quality of working life.


27 November
Helsinki
Conference organised by the Finnish presidency of the Council of the European Union on eliminating occupational cancer.


28 and 29 November
Brussels
Conference organised on the occasion of the European day of persons with disabilities. The conference will be an opportunity to discuss the preliminary findings of the public consultation on the European disability strategy 2010-2020.


29 November
Brussels
Monthly forum organised by the European Trade Union Institute on the theme of “Gender equality at home and at work. The role of the European Charter of Fundamental Rights“, with Mélanie Schmitt, Csilla Kollonay Lehoczky and Niklas Bruun.


3 and 4 December
Brussels
Conference organised by the European Trade Union Institute (ETUI) on “The future of health and safety in Europe”, thirty years after the adoption of the 1989 EU Framework Directive.


9 and 10 December
Brussels
Employment and Social Policy Council.

 
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IR Notes
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The team This issue was produced by Catarina Carvalho and Frédéric Turlan.
Find out more about the  IR Share team on our website


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  IR Notes liked…
The book written by Philippe Pochet, General Director of the European Trade Union Institute (ETUI)…

…invites us to come on a “historical journey featuring observation and analysis of the successes, failures and changing objectives and methods involved in the construction of this social Europe” which “often seems difficult to pin down”. The reader learns about the interaction at play between the various actors involved both in the greatest successes of the concept of a social Europe, and during its periods of stagnation, and even regression. And all of it interspersed with a personal commentary by one of the leading observers of a social Europe.
> À la recherche de l’Europe sociale, Philippe Pochet, PUF, 371 pages, 26 euros)

 
  Your attention is also drawn to the publication of the third edition of Germany’s European Works Council “bible”…

…which was created by Professor Thomas Blanke and subsequently taken over by others, including Ralf-Peter Hayen, who gave a presentation on it at the latest European Works Councils conference, organised by the European Trade Union Confederation in September (see photo). The book takes account of Directive 2009/38 and the latest case law.
> Europäische Betriebsräte-Gesetz, Arbeitnehmermitbestimmung in Europa, by Prof. Dr. Thomas Blanke †, Ralf-Peter Hayen, Olaf Kunz and Dr. Sandra Birte Carlson, 3rd edition, 630 pages, 138 euros

 

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 European Foundation for the Improvement of Living and Working Conditions since 2009.

 

Lead story
Member States urged to expand access to social protection for workers

Since it has no powers to intervene in the domestic social security systems of its Member States, the European Union has used the means of a recommendation – which is a non-binding legal instrument – to call on Member States to ensure that all workers have access to social protection. On 8 November, the Council definitively adopted a recommendation implementing Principle no. 12 of the European Pillar of Social Rights. This text 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”. The recommendation notes that “some non-standard workers and some self-employed persons have insufficient access” to social protection, which in the long run could “put at risk the welfare and health of individuals”, “contribute to increasing economic uncertainty, the risk of poverty and inequalities” or “reduce trust in institutions”. The recommendation therefore invites Member States to guarantee “adequate” social protection that will allow “individuals to uphold a decent standard of living, replace their income loss in a reasonable manner and live with dignity, and [prevent] them from falling into poverty while contributing, where appropriate, to activation and facilitating the return to work”. Member States should “guarantee access to all branches (unemployment benefits; sickness and healthcare benefits; maternity and equivalent paternity benefits; invalidity benefits; old-age benefits and survivors’ benefits; benefits in respect of accidents at work and occupational diseases)”. Employees should enjoy mandatory cover against these risks, and the self-employed should have at least voluntary access. Member States are also recommended to ensure that “entitlements – whether they are acquired through mandatory or voluntary schemes – are preserved, accumulated and/or transferable across all types of employment and self-employment statuses and across economic sectors, throughout the person’s career or during a certain reference period and between different schemes within a given social protection branch”. Member States have 18 months to implement these recommendations and their initiatives will be evaluated every year within the framework of the European Semester. This text is intended to be an initial response to the “Uberisation ” of the employment market.



1. European Union
Social update

Restructuring of Carrefour Belgium : On 6 November, the Council rejected a request from the Wallonia region for financial aid from the European Globalisation Adjustment Fund (EGF) to help employees made redundant by Carrefour Belgium, following the company’s restructuring in 2018. Sweden opposed the granting of this aid (amounting to a little over 1.6 million euros to help 400 former workers and 300 unemployed young people), while ten other countries abstained. The countries that abstained or opposed the move believe that competition from online shopping is not a valid reason for releasing EGF funds. However, on the same day, the measure was approved in the European Parliament’s Committee on Budgets. The rapporteur on this matter, Portugal’s José Manuel Fernandes (EPP), declared the Council’s position “shameful”. He believes that the proposal was rejected “without justification” (see press release). Then, on 14 November, the Parliament, sitting in a plenary session, passed a resolution in favour of this aid (see press release) by a very large majority. The matter will be discussed in a trilogue setting (between the Parliament, the Council and the Commission). As far as we are aware, this is the first time that the Council has rejected such a request. The Parliament, for its part, firstly refused aid (in October 2011) for employees made redundant by the Renault Group, but then subsequently granted it. This disagreement between the Council and the Parliament comes at a time when the future of this fund is under discussion.


Sectoral social dialogue

Chemical industry : On 7 November, the European social partners in the chemical industry adopted joint recommendations on digital transformation which propose a list of “relevant” topics that merit consideration in the context of social dialogue within companies: 1. the physical and actual introduction of new technologies, software, etc. into production, research and administration processes; 2. the expected increase in remote working opportunities: 3. working in heterogeneous and interdisciplinary teams; 4. multitasking and flexibility; 5. new health and safety concerns and provisions.




  • Sea fisheries: On 6 November, the EU Social Partners in Sea Fisheries passed a joint resolution on the socio-economic impact of the “landing obligation”, which obliges fishing operators to land all caught fish, including those not fit for human consumption. They are asking the Commission to revise this directive which has led to “increased labour on-board, reduced resting time and underutilisation of rightful fishing opportunities” (see ETF press release).

    >
    See also: joint press release from the European social partners in the shipbuilding industry, which is considering how to defend the industry and protect jobs, particularly in the face of unfair competition from China. Also the start, on 7 November, of negotiations aimed at reaching a Europe-wide agreement to cover the river cruise sector (see ETF press release).


2. Member States
Austria

  • Metalworking industries : the social partners in the metal-working sector have reached a wage agreement that came into force on 1 November, covering the sector’s 195,000 employees. Wages are increasing by between 2.6% and 2.8%. The lowest minimum wage is going up by 4.46%, to 2,000 euros. The trade unions are delighted: “With an inflation rate of 1.77%, the agreement represents a decent increase in real wages and is extremely important in terms of purchasing power” (see press release issued by the GPA-DJP trade union federation).

Portugal

  • Assistance with transferring employees onto permanent employment contracts : Decree no. 323/2019 of 19 September introduces temporary financial assistance with converting fixed-term employment contracts into permanent ones (the “Converte+” programme). The employer is entitled to receive financial support equivalent to four times the monthly basic salary established in the open-ended employment contract, up to a maximum limit of seven times the value of the Social Support Index, which is, in 2019, €435,76. This assistance can be increased by 10% in certain special circumstances (e.g. disability, victims of domestic violence, former prisoners, refugees).

3. Companies
European works councils

  • Merger consultation : On 26 November, members of the European Works Council of the car manufacturer PSA are being convened to launch the consultation process regarding their group’s proposed merger with Fiat-Chrysler.

European company

Innovative clauses : On 18 October, an agreement on worker participation was signed by the management of the German campervan and caravan manufacturer Erwin Hymer Group (6,400 employees), to mark its conversion into a European Company (“SE”). Whilst the agreement enables the company to end employee participation on the supervisory board, it does however include a number of interesting guarantees with regard to the SE works council: 1. In addition to the two annual meetings, the secretary of the works council is at liberty to convene additional meetings to deal with serious issues. “We had four meetings in 2018”, says Janusz Eichendorff, secretary of the company’s European Works Council and of the German group’s works council. 2. The works council is competent not only to deal with transnational matters, but also those affecting two or more production sites within the same country, so it is entitled to involve itself in transfers of production between different sites within the same territory. 3. Once a single site in a given country employs 100 or more employees, it can send two representatives, or even more if this is felt to be necessary. Thus the French site (220 employees) is entitled to send three members, which means that the three main trade unions can be represented, thereby facilitating relationships with the French representatives. 4. The protection granted by German law to representatives sitting on a works council is being extended to all members, meaning that the employer cannot dismiss an employee who is a member of the SE works council without obtaining the backing of this council. If the employer fails to secure this approval, he will have to apply to an industrial tribunal to gain the right to dismiss the representative. 5. To “replace” employee participation, the agreement emulates the clause inserted into the agreement signed at Atos SE, by providing for quarterly meetings between three members of the company’s board – a representative of Erwin Hymer Group management and two representatives of the American shareholder (the Thor Group) – and three members of the SE works council’s select committee. This means that the company’s ongoing operations and employment trends are discussed at top management level.


Transnational agreements

Global union committee : On 13 November, at the time of the renewal of their global framework agreement, the management of Inditex and the IndustriAll Global Union federation agreed to set up a global union committee to “foster the exchange of best practices in promoting the freedom of association and the right to collective bargaining”. The committee, which will meet once a year, is made up of six representatives from Inditex’s main production clusters around the world and two representatives from the Spanish trade unions CC.OO and UGT. These trade union representatives also form part of a four-member “coordination group” that will liaise with management, mainly via two annual meetings. The agreement also provides for a joint training programme (see press releases issued by IndustriAll and Inditex.



Sexual harassment : On 11 November, the management of Unilever signed an agreement regarding sexual harassment in the workplace with its European Works Council, announced Council secretary Hermann Soggeberg. The group had already signed a joint commitment on this very subject with the international trade union federations IndustriAll Global Union and IUF in 2016. The new agreement “obliges all countries to put in place concrete procedures regarding the way in which Unilever deals with unacceptable behaviour”, says Hermann Soggeberg. The existing practices must be reviewed and, if necessary, revised”.  The agreement proposes minimum standards to be included in all local policies, and sets out a number of principles, such as taking cases of harassment seriously, maintaining confidentiality and protecting victims. The signatories are arranging training courses for all employees, and other courses specifically aimed at managers, based on examples of national good practice compiled in appendix.


> See also: meeting of the Monitoring Committee under the International Framework Agreement signed by the German office furniture maker Wilkhahn (see IBB press release).


Trade unionism

  • Trade union network : Members of the Saint-Gobain global union network asked to be consulted to a greater extent on the group’s new strategy and discussed the application of digitalisation and its impact on employees. They decided to continue their work on this subject and to gather information on its consequences via an online questionnaire (see press release). The global trade union alliance of HeidelbergCement employees has issued a declaration requesting the establishment of a global social dialogue of the same quality as that prevailing at European Works Council level (see IndustriAll press release).

4. Studies and reports

Collective bargaining reduces inequality: : The European trade-union federation IndustriAll Europe, which has launched a massive campaign to promote collective bargaining as a means of improving employees’ working conditions, including their pay, has now received a gift of manna from heaven, as the OECD has just published a study putting forward the view that “collective bargaining is essential to help workers and companies adapt to changes in the labour market and ensure an inclusive and prosperous world of work”. This document provides a detailed review of collective bargaining and emphasises that the coverage rate has fallen significantly, with only 32% of workers covered by a collective agreement in 2019, compared to 46% in 1985. It also contains data on the unionisation rate, focusing on the union membership of workers in non-standard forms of employment (those on fixed-term contracts, temporary workers, self-employed workers), who are 50% less likely to be a member of a trade union than workers in permanent employment.
>
Find out more: Negotiating Our Way Up: Collective bargaining in a changing world of work ; press release issued by the OECD).

 

IR Notes

An introduction

IR Notes is an independent, reliable and balanced briefing note on industrial relations and labour law in Europe.

Published in 6 languages and sold by subscription, this newsletter gives you access to concise, targeted and practical information on the major themes of both social Europe and transnational social dialogue.

With our experts and national correspondents, we adopt a dynamic, practical and useful approach to European social monitoring.

As a result, we select the most relevant topics, which are a source of cross-disciplinary and inspiring ideas.

Each issue includes:

  • An interview with someone working in the field of industrial relations who offers their unique take on a current social issue, an agreement, or an example of best practice.
  • Updates on EU legislative and case law developments.
  • Monitoring of labour law developments in EU Member States.
  • Updates on the latest developments concerning European Works Councils and SE Works Councils.
  • Lastly, IR Notes keeps you informed about the main studies and research carried out on the world of work.

IR Notes
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The IR Notes newsletter gives everyone in Europe access to an independent, reliable and impartial source of information on topics involving industrial relations

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