IR Notes

On 4 September, the European Foundation for the Improvement of Living and Working Conditions (Eurofound) published its latest Working Conditions Survey . This survey, which is based on 36,700 workers in the EU’s 27 Member States, provides a large amount of data at a time when the European Commission is tasked with preparing a “Quality Jobs Roadmap”. Although the quality of the physical working environment has improved since 2010, Eurofound emphasises two worrying trends: 1/ A growing exposure to high temperatures. In 2024, 34% of men and 18% of women said they faced this challenge in their workplace, especially in certain sectors such as agriculture (68%), construction (52%), industry and transport (33%). This intensification, which is linked to the effects of climate change, means that we must rethink how to prevent occupational risks. 2/ Prolonged sitting. Primarily as a result of the digitalisation of work processes, 42% of women and 39% of men report sitting for long periods, which poses new challenges for health and well-being at work.
Assessment of progress made in the different dimensions of job quality since 2010 shows that four indices measuring its non-pecuniary dimensions (physical environment, working time quality, skills and discretion, prospects) have improved in general terms. The work intensity and social environment indices, however, have worsened for women. For example, women are over-represented in the healthcare, education and public services sectors, and are more exposed to unfavourable working conditions and adverse social behaviour.
The improvements noted include the proportion of employees working long hours, which has fallen substantially since 2005. The proportion of employees working more than 10 hours a day has fallen from 37% to 28%, while the proportion of those working more than 48 hours a week has fallen from 19% to 11%. Eurofound also highlights some worrying trends, such as the proportion of workers carrying out monotonous work, which rose from 39% in 1995 to 48% in 2024.
The study also makes it possible to take stock of certain recent trends: while only 3% of employees in the EU-27 telework on a full-time basis, a growing proportion are engaged in regular telework, also known as ‘hybrid work’ (9%) or occasional telework (16%). As for generative AI, only 12% of workers report using AI tools in their job (with variations ranging from a high of more than 20% in some countries to less than 5% in others). Lastly, the use of algorithmic management is not yet widespread: some 17% of workers report that a computer programme monitors their work performance to a large or some extent, while 16% report that a computer programme is used to allocate their work tasks and 10% that a computer programme determines when they have to work.

Titanium dioxide : On 1 August, the EU Court of Justice handed down a judgment contradicting the scientific experts of the European Chemical Agency (ECHA) who, in 2019, classified titanium dioxide (TiO2) as a category 2 carcinogenic substance by inhalation. The ECJ found in favour of the companies that lodged the appeal, and against this classification. As a result, employers of the thousands of workers who are exposed to this substance, which is widely used in paints, cosmetics, drugs, plastics, packaging, textiles, etc. will no longer be obliged to inform these workers of the dangers posed by TiO2 powders and dust in concentrations below 10,000 nm. In rejecting the appeal filed by the French government and the European Commission, with the support of the ECHA and the Dutch and Swedish governments, the Court thus confirms the judgment pronounced by the EU General Court in 2022 (see IR Notes 202) (see CJEU press release).

Mobility and collective redundancies : The EU Court of Justice has ruled on the compatibility with Directive 98/59 of collective redundancies as provided for by French law, which allows the employer, within the framework of a restructuring, to negotiate an “internal mobility” agreement with trade unions, whose terms are binding on employees. Where one or more employees reject the application of the agreement, the law entitles the employer to make them redundant using the procedure applicable to an individual redundancy for economic reasons, and thus avoid the need to follow a collective redundancy procedure. This mechanism, which was used by Ineo Infracom to assign employees to other geographical regions of France after it lost a contract, was challenged by two employees. They argued that the employer should have initiated both a collective redundancy procedure and a consultation of employee representatives, as provided for by the directive. In its judgment, the Court recalled its previous case law: the consultation procedure provided for in Article 2 of the said directive “must be started by the employer once a strategic or commercial decision compelling him or her to contemplate or to plan for collective redundancies has been taken” (CJEU, 10 September 2009, Case C‑44/08, Akavan Erityisalojen Keskusliitto AEK and Others, and CJEU, 21 September 2017, Case C‑149/16, Socha and Others). “That is the case where the employer decides to propose changes to the contract of employment, which he or she ought to reasonably expect a certain number of workers not to accept, consequently leading to the termination of their contract.” In this particular case, Ineo Infracom initially made proposals for geographical assignment without a reduction in staff numbers, before negotiating the internal mobility agreement, “the application of which enabled the company to make unilateral changes to the employment contracts concerned with regard to the place of work.” Ineo Infracom thus had to “expect, during the negotiation of that agreement, that a certain number of workers would not accept such unilateral changes to their contracts of employment on the basis of that agreement and that, consequently, their respective contracts would be terminated.” If the number of employees concerned exceeded the threshold triggering the guarantees granted by the directive, the employer should have followed the procedure provided for by the directive in the event of collective redundancies. On the other hand, if negotiations on conditions of professional or geographical mobility do not mention any reduction in staff numbers, the negotiations conducted with a view to reaching an internal mobility agreement do not fall within the scope of this directive, since, by definition, during those negotiations, the employer does not contemplate collective redundancies, cannot notify the workers’ representatives of the elements set out in Article 2(3)(b)(i), (ii) and (iv) to (vi) of that directive and does not have to initiate any projected collective redundancies.

Working conditions of parcel delivery workers : The government has decided to extend the law passed in 2019 to protect workers employed in courier and parcel delivery services (see press release). This law, which was due to expire in 2025, is designed to combat illegal employment, and ensure that social security contributions are paid. Bärbel Bas, Minister of Labour and Social Affairs, says that it is also helping to reduce unfair competition.

Compliance with collective labour agreements : A bill approved by the government on 6 August stipulates that only those companies that apply collective labour agreements will qualify to secure federal public procurement contracts worth 50,000 euros or more (see press release). Some Länder [federal states] are already applying this type of mechanism. This measure is intended to boost the cover provided by collective labour agreements, which has seen a steady decline, from 76% in 1998 to 50% in 2024 in the Western part of the country and from 63% to 42% in the Länder of the former East Germany (see press release).

A single collective labour agreement for temporary workers : The German Trade Union Confederation (DGB) and the German Association of Personnel Service Providers (GVP) have concluded a single collective labour agreement for the temporary agency work sector, which employs 560,000 people (see press release). Combining the two previous collective labour agreements in this way is a consequence of the merger, in 2023, of two employers’ organisations (iGZ and BAP), to form the GVP. The new agreement stipulates that the journey from an employee’s home to their workplace will now be used to calculate the remuneration they receive, rather than the journey between the agency’s premises and the workplace. Any overtime built up beyond the threshold of 91 hours (instead of 105) will be paid out (see press release).

Protecting workers against hot weather : The government has introduced new regulations, applicable from 1 January 2026 onwards, which are designed to protect employees working outside during periods of hot weather (see press release). Employers will now be obliged to put in place protective measures once the apparent temperature reaches levels of between 30 and 34°C. These measures may include wearing suitable clothing, adapting working hours and providing employees with water. The ÖGB trade union federation supports this initiative, but in addition, is calling for it to encompass employees who work indoors but are also exposed to high temperatures (see press release).

Protecting workers when their employer goes bankrupt : On 11 July, the Council of Ministers approved a bill designed to strengthen protection for employees (see press release). Currently, when an entrepreneur takes over a company that is either in liquidation or bankrupt, they are free to choose which employees they wish to retain. The bill stipulates that in future, this selection process will have to be based on objective criteria, as is already the case for redundancies implemented for economic reasons, other than bankruptcy. This measure will not apply to companies with fewer than 20 employees, unless the party effecting the takeover so chooses. Furthermore, any non-competition clauses will automatically be declared null and void in respect of the employees concerned.

Freelance work : Following an agreement concluded with social partners in 2023, the government has now put forward a bill clarifying the criteria to be used to determine whether a worker should be considered as a freelance or an employee (see press release). It is estimated that there were around 200,000 bogus freelance workers among the 1.3 million registered as self-employed in 2024 (compared to 630,000 in 2003). The bill stipulates that self-employed workers who earn less than 36 euros per hour will be entitled to adopt employee status, so that they can benefit from the associated rights. This measure would appear to apply to around 15% of self-employed workers. If Parliament passes this law, it will enter into force on 1 July 2026.

Agreement renewed : On 27 June, the Eiffage group’s management and EWC members adopted a memorandum of understanding on the renewal of the European Works Council. The new agreement makes some significant improvements in budgetary terms to the 2021 agreement, with an operating budget of 70,000 euros (up 16%) and a budget of 50,000 euros (up 66%) earmarked for organising annual training. The text establishes a working party to monitor the group’s undertakings in the areas of sustainable development and transverse innovation. This working party is made up of select committee members plus three EWC members, from three different countries, who are interested in these subjects. It will meet twice a year. Drawing inspiration from the proposal for a revision of Directive 2009/38, the parties have added to the consultation process, a stipulation that “provided that EWC members have expressed their opinion within a reasonable period of time, management will respond in writing to questions put to it or to the opinion expressed, before the decision is adopted”.

Corporate social responsibility : In a declaration adopted on 26 June, the Safran European Works Council expressed “its opposition to the ‘omnibus package’ presented by the European Commission”, which “weakens the scope of the CSRD by limiting transparency and restricting the number of companies concerned”. The EWC calls on management to continue to publish the sustainability report, “as originally planned”, arguing that this report “must not be reduced to a formal obligation: it is an important lever for identifying social and environmental risks, improving governance and strengthening social dialogue.”

Fundamental rights : On 19 August, the management of the online fashion retailer ASOS renewed its global framework agreement, first signed in 2017, with the IndustriAll Global Union federation (see IR Notes 83). The federation emphasises that the new text adds “a binding dispute resolution mechanism to handle worker grievances regarding violation of freedom of association and right to collective bargaining” (see press release). The text also incorporates ILO Violence and Harassment Convention no. 190. The CEO of ASOS, José Antonio Ramos, adds: “our relationship with IndustriALL has helped us to improve resilience in our supply chain, mitigate human rights risks, and deliver positive long-term change for the people who make our clothes”.

Mental health : Eurofound has published a fascinating study reviewing the status of mental health in the EU. The report notes that in 2021, poor mental health cost the EU 11.1 million life years lost or lived with disability, two thirds of which were due to depression and anxiety. The proportion of people at risk of anxiety or depression rose during the Covid-19 pandemic, but appears to have stabilised subsequently. However, some indicators are alarming: following a spectacular decline, suicide mortality rates are rising again, particularly among women aged under 20 and men aged over 85. Among 15 to 29-year-olds, suicide is the main cause of death (18.9% in 2021), followed by road accidents (16.5%). People working in the healthcare and social services sectors are the most exposed categories: 24.5% of them feel emotionally exhausted by their work. Next come those working in accommodation and food service activities (22.7%) and in education (20.4%). Those least exposed to depression are paid workers (28.6%) or undertaking study or training (25.4%), compared to 70.1% for sick/disabled persons and 47.1% for the unemployed. Overall, women are at higher risk of anxiety and depression than men are. A measure of eco-anxiety is also apparent: in 2024, 8.4% of the population said they were extremely worried about climate change (compared to 5.7% in 2016). This percentage rises to 39% if the ‘very worried’ category is included, compared to 30% in 2016.

Subcontracting : The new institute launched by employers’ organisations at European level – the European Employers’ Institute, which aims to play the same role representing the business community as the European Trade Union Institute (ETUI) does for the trade-union world – has just published its first study, performed by Erik Sinander, Associate Professor at Stockholm University, demonstrating the risks associated with having a legislative framework governing subcontracting at European level. Delphine Rudelli, who is the Institute’s President and Ceemet’s Director General, comments: “The risks to the well-being of workers where these exist are a critical issue that must be addressed, but the solution lies not in blanket restrictions on subcontracting.” For its part, the ETUI recently published another study (Sorry we subcontracted you), showing that logistics subcontracting is a prevalent business model that leads to lower pay and poorer working conditions, with the aim of cutting costs and boosting profits. The authors advocate that subcontracting has to be limited.