IR Notes

Offering evidence that European-level sectoral dialogue may be more fruitful than cross-industry social dialogue, on 6 May, following six months of negotiations, European social partners from several sectors of activity signed a revised version of the multi-sectoral guidelines to prevent and tackle third-party violence and harassment related to work (TPVH) (see Harassment and violence at work) (see joint press release). These guidelines, which replace the 2020 version, cover 50 million employees working across central government sectors (including the prison service), local and regional government, hospitals, education and the hotel and catering industries. Special attention has been paid to gender-based violence, including domestic violence, digitalisation and cyberviolence, and risk assessments covering the fields of health, support to victims and holding perpetrators liable.
At the time the document was signed, Jan Willem Goudriaan, General Secretary of the European Public Service Union (FSESP), made a pledge to go one step further in the context of the forthcoming negotiations of the cross-sectoral social dialogue workplan, to include the revision of the autonomous agreement on violence and harassment (2007) and make it legally binding, taking into account TPVH (see EPSU press release). The document highlights the key elements of a TPVH prevention policy; practical tools and measures for health risk assessments; and definitions and principles on fostering a culture of respect and zero tolerance of violence and harassment.
A website sets out practical examples of policies and collective agreements. The text, which merits recognition as a European agreement, may act as a source of inspiration for other actors involved in social dialogue, including at the level of multinational companies and European Works Councils seeking to prevent psychosocial and physical risks linked to this growing phenomenon.

Non-compliance with EU law : On 7 May, the European Commission sent a reasoned opinion to France for failing to comply with regulation (EC) no. 1072/2009 on common rules for access to the international road haulage market. The Commission considers that French legislation, which imposes a ban on spending daily and weekly rest periods inside Light Commercial Vehicles, is in breach of EU law. It takes the view that this rule unjustifiably and disproportionately restricts the freedom to provide road transport services in France and runs counter to the objectives of the internal market.
The Commission has decided to open an infringement procedure against Austria for failing to comply with the EU rules on working time, as its legislation provides for less favourable working conditions for workers of the partly state-owned companies Post and Telekom when it comes to minimum daily rest, holiday replacement workers, sick leave and paid annual leave.
It has also opened an infringement procedure against Czechia for failing to comply with the principles of non-discrimination against part-time workers and of equal treatment between men and women. The Commission condemns a situation in which full-time workers who work overtime enjoy a right to supplementary pay from the first hour worked beyond their normal working hours, whereas part-time workers are not entitled to the same benefits when working beyond their contractually agreed hours.
Another letter of formal notice has been sent to France and Luxembourg for failing to bring their national legislation into line with the Enforcement Directive on Posting of Workers (see press release).

Road transport : On 7 May, European social partners sent a letter to the European Commission, “voicing once again” their “concerns about the lack of complete information on remuneration levels in the EU Member States” (see ETF press release).   The employers’ organisation IRU points out that Mobility Package 1 – the EU’s most ambitious reform on social standards for drivers, adopted in 2020 – “specifies when a driver is considered posted to a host country, which further requires a payment for that time at a level no lower than the minimum remuneration in the host country” (see press release). However, in order to apply it, Member States have to explain what minimum remuneration applies on their respective territories. IRU is critical of the current state of affairs: “where information exists, it is often fragmented across different websites, difficult to understand, or not promptly updated, creating serious legal uncertainty for the sector”. The signatories call upon the Commission to: 1/ Provide a simple common template to Member States where they can fill in and update the necessary information on the national remuneration of drivers. 2/ Create and make available to employers a remuneration calculator and guidance on how to calculate the remuneration of posted drivers.

Shorter working hours : On 6 May, the Council of Ministers approved a draft law reducing the length of the working week from 40 to 37.5 hours, with no cut in wages (see press release). It also includes a right to disconnect. This law, which has been submitted to Parliament, follows on from an agreement reached between the government and the main trade-union confederations, including the CCOO and the UGT. The employers’ organisations, on the other hand, such as the CEOE, are firmly opposed to it (see press release). Several sectoral employers’ federations have published a joint manifesto opposing the reform. One of the main arguments put forward by these organisations is that of defending the primacy of collective bargaining at company and sector level. CEPYME, the confederation representing SME, says that reducing working hours without cutting wages could result in an increase of up to 6% in labour costs (see press release).

Financing trade unionism : As part of its Fiscal Plan for 2026–2029 (see plan), the government intends to abolish the tax-deductible status of subscriptions paid to trade unions and employers’ organisations. This measure is expected to generate an estimated annual saving of around 144 million euros in 2026. Trade unions such as SAK and STTK have condemned what they see as an attack on them, fearing it will limit their capacity to organise labour (see article).

Accompanying parenthood : On 5 May, the National Assembly voted unanimously in favour of a draft law to protect persons planning to become a parent, including those engaged in a medically assisted procreation (medically assisted reproduction or MAR) or adoption procedure. Protection against discrimination is being reinforced and extended to men who are receiving treatment as part of a MAR procedure and to employees who are applying to adopt a child. As justification for this change, French MEPs point out that at present, the latter enjoy protection only when an adopted child joins their household, “and not during the long procedure leading up that moment”. These workers (men undergoing a MAR procedure and employees engaged in an adoption procedure) will be granted leave of absence to enable them to attend appointments with medical professionals and the authorities.

Class action to become easier : Law no. 2025-391 of 30 April 2025 enacting various provisions of French law to bring it into line with European Union law amends a number of items of social legislation. It substantially broadens the scope of application of class action in the field of social affairs, in accordance with Directive no. 2020/1828. As a result, class actions can now be brought not only in cases of discrimination and personal data protection, but also to force an employer to meet its legal or contractual obligations. Before bringing a class action based on a breach of the Employment Code, trade unions or certain associations will have to issue a demand to the employer to remedy the breach of its obligations. The employer in turn will then have to notify the works council (CSE) and the representative trade unions within one month, that it has complied. This law also makes the EU Blue Card work permit a more attractive proposition for its holders and postpones the sustainability reporting (CSRD) obligations imposed by Directive 2022/2464 by two years.

Employing experienced workers : On 7 May, the government passed a draft law transposing a number of domestic cross-industry agreements to promote the employment of experienced workers (see press release and details of the plan). This law is designed to: 1/ strengthen the negotiation obligations applicable within branches and companies concerning the employment of experienced workers; 2/ encourage the recruitment of older workers by experimenting with a contract that places a value on their experience, and which can be terminated when the employee reaches the age at which they can retire on a full pension; 3/ improve the preparations for the second half of employees’ careers by enhancing the link between medical examinations and their mid-career appraisal, and by adding an extra appraisal conducted two years before the employee reaches their sixtieth birthday; 4/ facilitate arrangements made to assist an employee with the end of their career, including easier access to part-time working as part of a gradual retirement plan – which will be available from the age of 60 rather than 62 as at present – and by allowing an employee who moves to part-time working to either remain on full pay or to have the shortfall in their pay made up by taking retirement benefits payable in accordance with the methods defined by agreement.

Deductions from the minimum wage : The Minister of Social Affairs and Employment, Eddy van Hijum, has published a plan to undertake a public consultation concerning deductions made from the minimum wage to cover accommodation costs (see press release). At the present time, employers can deduct up to 25% of the minimum wage to cover these charges. However, there has been criticism of this practice, as employers sometimes use it for their own ends to make money, and it increases the dependency of migrant workers on their employer. The proposal sets out to cut this deduction by 5 percentage points each year, until it is abolished completely in 2030. The trade-union confederations CNV and FNV are fully aware of these abuses but do not agree on the solution to be adopted (see letter). The FNV wants to abolish the deduction altogether, whereas the CNV’s view is that the current arrangement, which requires employers to offer accommodation, may continue to be a benefit for migrant workers.

Psychosocial support guide : The National Centre for Psycho-traumatology (ARQ) has published, on behalf of the Ministry of Justice and Security, a guide to help employers to organise the workplace induction and monitoring (see guide) of employees in high-risk occupations (ambulance staff, firefighters, police, etc.), i.e. those likely to face attacks, threats, violence and other serious incidents during the course of their work. The guide also applies to healthcare professionals (working in the fields of mental health and safety) and first-aid workers, who may not only be targeted personally, but may also encounter victims who have been seriously injured (see press release).

Shorter working hours : On 28 April, the government unveiled a pilot programme aimed at reducing working hours. The scheme, which is voluntary and open to businesses and public bodies, will enable various arrangements to be tried out – a four-day week, shorter days and additional holidays – without cutting wages or jobs (see press release). Poland’s Minister of Employment, Agnieszka Dziemianowicz-Bąk, comments proudly that “this will be the first pilot plan to reduce working hours in this part of Europe”. The Ministry has emphasised that Poland is one of the most overworked nations in Europe. The aim is to cut annual working hours by 20%.  Although there are already a number of local positive examples, such as at Włocławek and Herbapol Poznań, some voices among the employers remain skeptical, citing demographic and economic tensions.

Banking sector : Following discussions on the National Tripartite Council for Social Dialogue in November 2024, the collective labour agreement covering the banking sector (45,000 employees) has now been extended to encompass all employers, and came into force on 1 May (see press release). This is the first collective bargaining agreement applicable to all employees in the sector, regardless of which trade union they belong to or which employers’ organisation their bank is affiliated to. It guarantees a monthly minimum wage higher than the one laid down by government decree, which, as at 1 May, was 4,500 lei (882.44 euros). It also introduces a chapter on equal opportunities, non-discrimination and prohibiting harassment, based on ILO Convention 190. Among other things, it offers benefits such as a mandatory retirement bonus, financial support for special events, redundancy payments and the option of receiving meal vouchers and medical services.

Working without losing sickness benefits : The Ministry of Health has proposed a new measure that will enable employees to go back to work while continuing to receive their sickness benefits (see press release). The aim is to facilitate a gradual return to work for the employee. For a short period (two weeks), individuals can assess their fitness for work without being at risk of losing their sickness benefits (see press release). Every employee will be entitled to undertake this experiment twice a year.

Restructuring : On 1 April, the tyre manufacturer Bridgestone announced a restructuring (see press release) which, according to the trade unions, could result in 546 redundancies at its Spanish plants at Basauri (Basque Country) and Puente de San Miguel (Cantabria). According to IndustriAll Europe (see press release), a trade-union delegation received at the European Parliament on 29 April highlighted “the lack of proper information and consultation, both at national level and within the European Works Council (EWC)”. “Workers were only informed of the decision on 1 April – after it had already been made” says IndustriAll Europe, which believes this is “a clear violation of workers’ rights to information and consultation”.

Support for the creation of EWCs : At the beginning of May, the European Public Service Union (EPSU) organised a second training session for employee representatives of the Norwegian childcare company Dibber (12,000 employees). This one dealt with the negotiation process involved in creating a EWC and the subjects to be covered in these agreements. This training course was delivered as part of a European Commission-funded project seeking to establish EWCs within groups providing social, healthcare and other care services within the EU (see press release).  A similar project is underway at DomusVi (47,000 employees), a company  that provides care for the elderly (see press release).

Brexit : On 19 March, the US chemical company Aptar (13,000 employees) and its EWC signed Addendum No. 1 to their 2021 European Works Council agreement , confirming that its British representatives will remain on the EWC. The addendum stipulates that “the United Kingdom will continue to be fully covered by this agreement”, that the EWC “is competent to deal with all transnational matters linked to the United Kingdom” and that British members will “enjoy the same prerogatives, rights and protection as other EWC members”.