IR Notes

In its work programme for 2025, unveiled on 11 February, the European Commission highlights a number of initiatives designed to simplify its legislation and to free companies from “excessive administrative burdens”. It does not announce any legislative initiatives concerning social issues, but merely repeats a number of announcements that had already been made following Ursula von der Leyen’s re-election: 1/ the new action plan on implementation of the European Pillar of Social Rights; 2/ the new Pact for Social Dialogue with European social partners; 3/ the launch of the “Union of Skills” to tackle “skills and labour gaps”; 4/ the adoption of a “roadmap” to “ensure quality  jobs with decent working conditions, high standards for health and safety and collective  bargaining”. It should be noted that among the new non-legislative initiatives that may impact the area of employment, there are two “new strategies” for protecting LGBTIQ people against discrimination and for combatting racism. They will be preceded by a “Roadmap for Women’s Rights”. So, nothing new, and the communication confirms that no binding legislation will be brought forward this year. The Commission will make do with progressing the three laws that are currently under discussion: the directive on Quality Traineeships, and revision of the European Works Council Directive and the Carcinogens, Mutagens and Reprotoxic Substances Directive. The European Trade Union Confederation expresses its disappointment that “this is the first time since 2019 (…) that the work programme has not contained any new social legislation”.
Furthermore, in the annexes to the communication, the Commission publishes the list of texts that  it plans to put forward. Here, it announces several “Omnibus packages” aimed at simplifying and amending various pieces of legislation. The first one, which is due to be brought forward on 26 February, relates to sustainable development and will partially emasculate the recent directives on Corporate Sustainability Reporting (the “CSRD” directive) and on Due Diligence (the “CS3D” directive). Another package plans to create a new category of company: “small mid-caps”. It would appear that these will benefit from a reduction in administrative burdens, but it is not known whether this will impact on social legislation. Another list, which aims to abolish 37 proposals, provides for withdrawal of the proposal for a directive on implementation of the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation. This text, which has been under discussion for years now, covers a number of fields that are not covered by the anti-discrimination directive in the area of employment. The Commission notes that the proposal “is blocked”. Lastly, a list provides for evaluation of dozens of pieces of legislation, including directives on public procurement contracts. This would be an opportunity to strengthen social and environmental clauses, and to give preference to companies that apply collective labour agreements.

Guidelines on AI : Following the AI Act that came into force on 1 August 2024, the European Commission published guidelines on 4 February, with a view to ensuring the “consistent, effective and uniform application” of this legislation within the EU. These non-binding guidelines provide legal explanations and practical examples to help stakeholders to understand the requirements of the legislation and to comply with it. They are aimed at prohibited high-risk AI systems, such as social scoring, biometrics and emotion recognition. In the latter case, they state for example that using AI recognition systems to “infer a professional pilot’s or driver’s fatigue to alert them and suggest when to take breaks to avoid accidents is not ‘emotion recognition’, since emotion recognition does not include physical states such as pain or fatigue”.

Reactions to the Commission’s work programme : The European Trade Union Confederation (ETUC) notes with regret that “workers are largely missing from the 2025 work programme”. As regards the roadmap for quality jobs, the ETUC would like to have seen several proposals for a directive on regulation of subcontracting chains, prevention of stress at work, the right to disconnect and AI in the world of work.  In addition, it believes that the Union of Skills should also include “a Just Transition Directive which gives workers the right to paid training during working hours” (see press release). Markus J. Beyrer, BusinessEurope Director General, says that he sees “positive initiatives, like the Omnibus packages and a simplification agenda”, but warns of the need to ensure that the impact of the simplification process will outweigh the impact of the “123 still pending legislative proposals.” (see press release).

Artificial Intelligence Summit : At the Artificial Intelligence Action Summit held in Paris on 10 February, France’s Minister of Employment, Astrid Panosyan-Bouvet, brought several key players together to discuss AI-related challenges and opportunities. Participants included Gilbert F. Houngbo (ILO Director-General), Roxana Mînzatu (Executive Vice-President of the European Commission for Quality Jobs and Social Rights, and representatives of the International Trade Union Confederation and the International Organisation of Employers. One of the main outcomes of this conference was the adoption of a Pledge for a Trustworthy AI in the World of Work. Its signatories include Airbus, L’Oréal, Bayer, Renault and KPMG, as well as trade unions committed to promoting an AI that will benefit workers and businesses alike. The key objectives of this pledge are: 1/ promoting social dialogue; 2/ investing in human capital; 3/ ensuring occupational safety, health, autonomy and dignity; 4/ ensuring non-discrimination in the labour market; 5/ protecting worker privacy; 6/ promoting productivity and inclusiveness across companies and value chains. To guarantee the implementation of these principles, an international working group will compile a list of indicators by September 2025, to help companies to assess their progress. These self-assessments will be consolidated and presented at the 2026 G7 summit in France, for the purpose of illustrating the collective impact of this pledge.

AI in the workplace : On 13 February, the European Commission published the results of a Eurobarometer survey containing questions relating to AI in the workplace. When asked what rules would be important in addressing risks and maximising the benefits of digital technologies in the workplace, including artificial intelligence, the main issues cited by respondents were those of protecting workers’ privacy (82%) and involving worker representatives in the design and adoption of new technologies (77%) (see press release).

Exposure to titanium dioxide : In 2023, following an appeal filed by manufacturers and users of titanium dioxide (TiO₂), the EU General Court handed down a judgment in their favour annulling the classification of TiO₂ as a carcinogenic substance by inhalation (see IR Notes 202). This meant that manufacturers would no longer be obliged to alert workers regarding the use of powders containing nanometric TiO₂. In 2019, the scientific experts of the European Chemical Agency (ECHA) deemed this chemical to be a “category 2 carcinogenic substance by inhalation”, opening up the way for this classification. However, the effects of this ruling were suspended, because the French authorities lodged an appeal with the Court of Justice against the General Court’s ruling, with the support of the ECHA and the Dutch and Swedish governments. The Advocate General of the Court of Justice delivered her opinion on 6 February, finding in favour of France and of the Commission. This was because the General Court should have accepted the ECHA’s interpretation of the scientific data, and it should not have overturned the classification of TiO₂ as a carcinogenic substance on the pretext that titanium dioxide does not present the “intrinsic property” to cause cancer, whereas it is an accumulation of that substance that may be hazardous. The Court of Justice is therefore invited to set aside the General Court’s ruling and to refer the case back to the General Court, so that it can validate the classification of TiO₂ as a carcinogen by inhalation, which will require employers to abide by their obligation to provide information (see Veille Nanos article, published by the AVICENN association).

Access to employees’ email addresses : On 28 January, the Federal Labour Court issued a ruling on whether IGBCE, the trade union signatory of the collective agreement applied by Adidas, was entitled to demand that this employer provide it with the email addresses of its workforce of around 5,400 employees, so that the union could try to recruit new members. The trade union had claimed access to this digital data under Article 9 paragraph 3 of Germany’s Basic Law covering freedom of association. In principle, this trade union freedom entitles the unions to use employees’ work email addresses for communication and information purposes. However, when interpreting the law governing trade union freedom, the courts must also take into account the fundamental rights of both the employer and of employees, as well as Article 8 of the Charter of Fundamental Rights of the European Union. This led the Court to conclude that the employer is entitled to refuse to hand over all of their employees’ email addresses to the trade union (see press release).

Shared services centre : On 11 February, the management of the steelmaking group ArcelorMittal informed the EWC select committee that it was intending to explore “opportunities to optimise its business processes, to provide centralised and cost-effective services for the Europe segment”. The company’s management set out a plan to “study the possibility of further centralising certain business support activities, by extending our business services hub to carry out some of these activities in India”. It did not place a figure on the number of jobs in question, but several European countries will be affected, and there will probably be several hundred job losses. The select committee has called for the launch of an information and consultation procedure.

Work-life balance : On 17 January, the management of Safran (60,000 employees in Europe) and the IndustriAll Europe trade union federation officially signed their family-friendly “Family Life and Working Life” European framework agreement (see IR Notes 242). This is the third European framework agreement signed by the aircraft equipment manufacturer, following those covering the development of skills and safeguarding of career paths and professional integration of young people (see European Framework Agreement). And as far as we are aware, this is the first-ever European agreement to specifically address the issue of family life, with a view to offering “a framework of goodwill that reflects a positive perception of parenthood and support for relatives” (see Work–life balance).For example, the text states that the Group is committed to “promoting flexibility and adaptability in the organisation of working hours for employees” who are involved in “medically assisted procreation or adoption procedures”. It provides for paid leave during absences linked to medical appointments, both for the person involved in assisted procreation and their spouse/partner. Pregnant employees are entitled to “paid time off per day”, the number and conditions of which are to be defined locally. Measures are provided to offer support for pregnancies that are not carried to term, including a five-day paid leave of absence if the pregnancy ends after the third month of pregnancy. These five days are also granted to the employee’s spouse/partner. In addition to maternity (16 weeks) and paternity (3 weeks) leave on full pay, the agreement provides for “parental presence” leave for employees whose dependent child “suffers from a particularly serious illness, disability or accident, making it essential for the parent to be present at all times and to provide significant care. It may be split up, converted to part-time or renewed”. The text leaves each country to define “a harmonised approach” for the purpose of introducing this leave. Various flexibility formats are organised for the working hours of young parents (part-time at 80% of full-time hours for two continuous months, paid at 90%), single-parent families and parents of children with disabilities (option of working part-time on a 50% to 80% basis), and for employees who are caring for a child with disabilities, with chronic diseases or a “dependent relative” (parents and parent’s spouse, spouse, brother or sister, adult child).  A monitoring committee is established to oversee the agreement, and a brochure presenting the agreement will be available in various languages and supplemented by a webinar.