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IR Notes 190 –13 July 2022
www.irshare.eu
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Editorial
Dear readers,
It’s time for IR Notes to take its summer break!
You will receive your next newsletter on 7 September. However, you
will not be totally deprived of information in the meantime: we will
continue to post updates on the IR Share website through to the end
of July, and from the beginning of September onwards. You can also
follow us on the @IR_Share Twitter account.
The entire editorial team and our country
experts would like to join me in wishing you a lovely summer and a
well-earned rest!
With our very best wishes
Frédéric Turlan Managing Director of IR Share
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A question for…
Michael Berger, VP Global Human Resources at Palfinger AG
Your
group has set up an EWC (*). What are you expecting this new
body to achieve? For the employees of a
global company like Palfinger, it’s important to be represented by
competent, well-connected and widely recognized dialogue partners,
especially in challenging times. By establishing the EWC, Palfinger
employees across Europe now have shared, cross-border representation
and will be able to speak with one voice. As Palfinger management,
we strive to work together and communicate with our employee
representatives in a way that reflects our mutual respect. Together,
we’re shaping the future of “One Palfinger”. In the European
countries in which Palfinger operates, we work together with the
respective works councils in a trustful and solution-oriented
manner. The EWC originates from the initiative of the works councils
in Austria and Germany. Palfinger management supported the process
of founding the EWC. The most important goal of the EWC is to act
as a common voice and a central point of contact for all European
employees. This is also the appeal and purpose of the EWC for
Palfinger management, as it serves as the primary communication
stream for all Europe-wide employee-related matters. In short, the
EWC helps to improve communication and our work together within the
company.
(*) see IR Notes
no. 188
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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 producaed by Vasilis
Koniaris, Pascale Turlan
and Frédéric Turlan.
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European Industrial Relations Dictionary
In case reading IR Notes inspires you to explore this subject further, we
are providing links to
the European
Industrial Relations Dictionary published by Eurofound. This is
updated at regular intervals by IR Share, which publishes IR Notes. The
term definitions are available in English and can easily be converted
into other languages using on-line translation tools.
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Lead
story
Parliament
legislates to protect workers’ mental health
On 5 July, by an overwhelming majority, MEPs passed a resolution
on “Mental Health in the Digital World of Work”, calling on the Commission
and the Member States to take action as soon as possible. This further resolution
follows the one on the new EU strategic framework on health and safety at work (IR Notes 182 and Strategic Framework on Health and Safety
at Work). Irish MEP Maria Walsh (EPP), who is the rapporteuse for this text,
says that EU law needs to be updated to “reflect the new realities of digital
working”. MEPs believe that the current measures are insufficient and ineffective,
as far as the assessment and management of psychosocial risks are concerned, and
they are calling for the adoption of “prevention plans for mental health risks in
all workplaces”. MEPs want the Commission: 1/ “to establish mechanisms for the
prevention of anxiety, depression and burnout and the reintegration into the
workplace of those affected by psychosocial problems”; 2/ to propose “a legislative
initiative, in consultation with social partners, on the management of psychosocial
risks and well-being at work in order to effectively prevent these risks in the
workplace, including online”; 3/ to propose “a legislative framework to establish
minimum requirements for teleworking across the EU”; 4/ to prepare, in consultation
with social partners, a “directive on minimum standards and conditions to ensure
that all workers are able to effectively exercise their right to disconnect” (see IR Notes 156) and
to “regulate the use of existing and new digital tools”. MEPs emphasise that “women
are at greater risk of stress, exhaustion, burnout and psychological violence due to
new teleworking arrangements and the lack of regulation to control abusive labour
practices”. They also stress the need to “protect workers from exploitation by their
employers in the use of AI and algorithmic management” (see Artificial intelligence) and
express their view that “technology and AI in the workplace should never be used to
the detriment of workers’ mental health and well-being” and “the deployment of AI at
work must not lead to excessive monitoring in the name of productivity or the
surveillance of workers”.
> See
also: the European Trade Union Confederation’s positive
reaction.
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1. European
Union
Social
update
Outcome of the Employment and Social Affairs
Council meeting : The action plan on the European Pillar of
Social Rights has set a target of at least 60% of all adults participating in
training activities every year by 2030. With this target in mind, on 16 June,
European Ministers of Employment adopted three recommendations, relating to: 1) individual
learning accounts (see press
release); 2) a European
approach to micro-credentials (see press
release); 3) learning
for the green transition and sustainable development (see press
release). Ministers also approved the guidance contained in the European
Semester (see Council press
release and adopted a recommendation
on ensuring a fair transition towards climate neutrality that “leaves nobody
behind”. The recommendation defines “the people and households that are most
affected by the green transition”; “people and households in vulnerable situations”;
and the notion of “energy poverty”. It invites Member States to analyse the impact
of the green transition on health and safety at work and to “promote measures to
address new risks or the potential aggravation of existing risks”. Member States
should also provide for “the full and meaningful involvement, including information
and consultation, of workers at all levels and their representatives as regards the
anticipation of change and the management of restructuring processes including those
linked to the green transition”. A discussion took place regarding the proposal
submitted by Belgium and Spain (see press
release issued by the Spanish government, following the presentation to the
October 2021 Council meeting), which seeks to strengthen the social dimension of the
European Semester by introducing a procedure for tackling social imbalances. It
would involve identifying imbalances in the area of social rights and responding to
them rapidly and effectively, drawing inspiration from the existing mechanism for
dealing with macro-economic imbalances. Some countries, including Germany, Finland,
Luxembourg and Portugal, appear to be ready to experiment with a mechanism of this
kind.
> See
also: ETUI, working paper, A
‘Social Imbalances Procedure’ for the EU: towards operationalisation
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Czech Presidency of the EU: :
The Presidency has announced in its work
programme, that its “priority […] will be to achieve a general approach of
the Council” on the Directive on working conditions of workers on online platforms
(see Presidency
website). With a view to making progress on this point, it has sent out a
questionnaire to governments in preparation for a meeting to be held on 14 July. It
plans to: 1/ take forward negotiations on the proposal for a directive on exposure
to asbestos at work (which has not yet been presented by the Commission); 2/ pursue
negotiations regarding the proposal for a directive on ensuring transparency in the
remuneration of men and women; 3/ pursue discussions on the proposal to strengthen
the role and independence of equality bodies and on the proposal for a
recommendation on setting minimum income standards. It wants to find solutions for
tackling “energy poverty”, which it sees as “one of the key challenges of social
cohesion in the EU”.
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Future of the personal care sector :
On 6 July, the European Parliament passed a resolution
entitled “Towards a common European action on care”, calling for “decent
working conditions for [all] care workers”. This resolution, which has been adopted
before the European Commission has unveiled its European care strategy, paints a
comprehensive and gloomy picture of the personal care sector, catering for the needs
of the elderly and/or people with disabilities. It calls on Member States to
“increase the attractiveness of the care occupations by ensuring social recognition,
decent working conditions and fair remuneration, including adequate working hours,
which would as a consequence help to tackle the existing labour shortages”. The
resolution calls for “recipients of funding” to respect “applicable labour law and
strong standards”. Member States must also “ensure and enforce […] the right for
all workers to establish and join a representative trade union, and to engage in
collective bargaining in the care sector, both formal and informal”. MEPs call on
the Member States to “strengthen social dialogue” and to “promote collective
bargaining and collective agreements” in both public and private, and profit and
non-profit, care sector settings. They also call for occupational health and safety
to be strengthened, by paying special attention to the specific challenges of work
in the care sector (exposure to hazardous substances or medicinal products, work in
potentially infectious environments, as well as mental and psychosocial risks
related to emotionally demanding work and encountering adverse social behaviour), in
order to reduce the resulting problems of absenteeism, staff turnover and poor
workers’ health. The resolution has been welcomed by the European Public Service
Union (EPSU), which points out that, in conjunction with the Federation of European
Social Employers, it has called for the establishment of a dedicated social dialogue
committee for this sector (see press
release).
> See
also: reports on the thematic seminar organised by Social
Employers and EPSU, dealing with workforce challenges in social services (see press
release) and the meeting held between EPSU and European Commissioner Nicolas
Schmit to discuss the EU’s future care strategy in light of the Orpea scandal (see
press
release).
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Sectoral
social dialogue
Textiles, clothing, leather and footwear
industries : On 4 July, European social partners issued a joint
statement setting out their joint demands, aimed at allowing the European
textile industry to become “more resilient, sustainable and digital”, as provided
for by the EU strategy for textiles (see IndustriAll Europe press release).
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2. Member
States
Spain
A guide to the use of algorithms :
On 29 June, the Ministry of Employment published a Guide
to Corporate Obligations on the Use of Algorithmic Information in the
Workplace. The guide, which is drafted by a group of experts, sets out the
rights and obligations linked to the use of algorithms, and also the employer’s
obligations in terms of the information they are required to provide to employees
and their representatives on the one hand, and the information they are lawfully
entitled to ask their employees to provide, on the other. The guide also examines
the company’s obligations with regard to conducting negotiations concerning
algorithms and to impact assessments.
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Greece
Monitoring of working hours :
A digital work card system for bank and
supermarket employees was introduced on 1 July, under Article 74 of
Law
4808/2021 of June 2021. Under this
new system, employees working in these businesses will receive unique QR codes
that will transfer data to the Ergani system being trialled by the Ministry of
Employment. At this stage, the system only applies to employees who are
physically present at their workplace, and therefore excludes teleworkers and
other categories. Within a few days of the system going live, approximately
79.9% of supermarket employees and 78.8% of bank staff were using their digital
work card (see press release). This
system will be applied to all of the country’s employees from 2023 onwards, so
that their working hours, breaks, leave and overtime can be monitored. The data
held on the card will be transferred to the Ergani system in real time and will
be available to employees. Kostis Hatzidakis, Minister of Employment and Social
Affairs, explains: “As the system is implemented and gradually extended to all
businesses, it will become easier to detect undeclared work and clandestine
work, while workers themselves will have a powerful weapon to help them defend
their rights”.
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Ireland
- Parental leave increased to 7 weeks :
On 1 July, Parent’s Leave was raised from five to seven
weeks, during which parents will receive an allowance of 250 euros per week.
Parent’s Leave and Benefit is available to anyone with a child under 2 years of
age or who has adopted a child within the last 2 years. In 2021, a total of
51,400 parents were supported – compared to just 16,700 in 2020. Overall, 28,000
applications have been approved since the start of the year. The government has
also said that it is committed to raising Parent’s Leave to 9 weeks (see press
release).
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Italy
- New Covid-19 protocol :
A joint memorandum of understanding
updating the measures taken to combat Covid-19, was signed on 30 June by the
government, the National Institute of Insurance against Accidents at Work
(INAIL), and the social partners. The text advocates the use of a FFP2
filtration mask in the context of work performed in enclosed spaces that are
either shared by several employees or open to the public, or where a
one-metre distance between people cannot be maintained. The employer must
ensure that FFP2 masks are available, so that all employees can use them
(see press release).
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Netherlands
The right to apply for teleworking :
On 5 July, the lower Chamber of the Dutch Parliament has passed
an amendment to the Flexible Work Act (Wfw), allowing an application for changes to
the workplace to be dealt with in the same way as an application for changes to work
schedules or to overall working time. Employees whose jobs can be adapted to
teleworking will be entitled to apply to make this switch (and conversely, to return
to the office), and if the employer then rejects this request, they will have to
provide the employee with a reply setting out their reasons. The text of the
amendment, which is based on a joint position adopted by social partners, will have
to be approved in a vote by the upper Chamber (the Senate) before it enters into
force (see press
release issued by the GroenLinks party and Draft
Law).
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4.
Companies
European
Works Councils
Renegotiation : The contract
catering group Elior (72,510
employees in the EU) has renewed its 2005
European Works Council agreement. The new
agreement takes the form of an amendment to the original agreement, and
incorporates the main changes introduced by Directive 2009/38. The EWC, which is
made up of 12 members, is consulted once a year, at the one and only plenary
meeting, on the group’s strategic orientations over the coming five years, at
European level. The text provides for EWC members to have visiting rights in their
respective countries, so that they can hold talks with employee representatives at
local level. In exceptional circumstances, the council must issue an opinion within
45 days after the initial information has been received (two months if an expert is
involved). The EWC will receive ongoing assistance from a representative of the
European trade-union federation EFFAT. EWC members are granted 30 hours per annum to
discharge their duties(120 hours in the case of executive committee members, 150
hours for the secretary). > Recently
published on line: the Lyreco European
Works Council agreement and the Nexter European
Works Council agreement.
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Punishing a breach of confidentiality :
In a rare case involving a breach of confidentiality by a
European Works Council member, France’s Supreme Court has approved the punishment
imposed by the French subsidiary of HSBC
bank on a female employee who held several positions as an
employee representative, including that of EWC member. The bank’s management
accused her of repeated breaches of security and confidentiality rules at an EWC
meeting that she attended in London. The ruling states that the employee prepared a
list of questions, which she wanted to submit to the EWC, on her EWC laptop rather
than on the secure Blackberry provided by her employer. She then transferred the
document onto the EWC’s USB stick and printed it out on the London hotel’s printer,
rather than using a computer belonging to her employer, which would have allowed the
document – which contained information on trends in the company’s business in Greece
– to be printed securely and remotely. At its French central works council (CCE)
meeting, which was held a few days before the EWC meeting, and attended by the
employee in question, the employer had warned everyone that this information was
confidential. The judges emphasise that the document was printed “without due regard
for the company’s confidentiality and IT security rules”; “in view of its nature and
content, some of the information contained in this document was confidential, in
terms of protecting the company’s legitimate interests”, within the meaning of
Article L. 2342‑10, 2° of the Employment Code, and “this information had previously
been declared” confidential “by the employer” (Cass.
soc. 15 June 2022, Appeal no. 21-10.366).
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Discussions on an appointment :
as mentioned (see IR Notes 186), to protect itself from
irregularities, the internal rules of procedure of the Adecco Group European Works
Council , signed by its members and central management, contain a provision to
protect against irregularities of this nature: if the select committee has any
doubts about the appointment procedure followed by local management, it must inform
central management of its concerns, so that a joint investigation can be conducted,
to check that the procedure was in order. In the meantime, the disputed appointment
will be suspended. Faced with doubts about the regularity of the procedure expressed
by the select committee concerning the election of a Hungarian member, the Adecco
Group’s management clarifies that, for its part, the investigations carried out do
not point to any irregularity and that the appointment of the new Hungarian member
is valid. “The management remains open to discussion with the select committee to
allow for a reconciliation of views,” says Menno Bart, Senior Manager Group Public
Affairs and management representative on the Adecco Group EWC.
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