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IR Notes 266 – 28 January 2026
www.irshare.eu
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A question for…
Adam Pokorny, Head of Unit at DG Employment and Social Affairs
You oversaw the adoption of
the EWC directive’s revision. This has now been published
and it entered into force on 31 December. Is the
Commission’s task now
completed? No, absolutely not! The Commission’s task
now is to provide its support to Member States, with a view to
ensuring a correct and timely transposition of amending Directive
(EU) 2025/2450. To this end, Member States have been invited to
appoint experts involved in the transposition work, who will take
part in specific meetings of an expert group chaired by the
Commission. EEA/EFTA Member States and European organisations of
social partners have also been invited to appoint observers to sit
on the expert group. A series of expert group meetings is scheduled
for the early months of 2026. At these meetings, the Commission’s
representatives will provide explanations and general information
concerning the various amendments made. States and social partners
will be able to ask questions and formulate their observations
regarding the interpretation of these amendments and any aspects
relevant to their implementation. Minutes and other documents relating to the
work of this group will be published in the online register of
Commission expert groups (under code E03694). The discussions held
at these meetings will then be summarised in a final report. It too
will be published. States
must then adopt and publish the measures necessary for transposition
of the revision by 1 January 2028. These transposition measures must
be notified to the Commission, and accompanied by the necessary
explanations. Most of the
new provisions will come into force in domestic law from 2 January
2029 onwards, following a one-year deferment period. However, the
removal of some companies’ exemptions from the directive’s scope of
application, and the transitional provisions concerning the
adaptation of existing EWC agreements will apply immediately after
the transposition period comes to an end. Once the transposition process is completed,
the Commission will check the completeness and conformity of the
measures notified to it, and will be able to take all necessary
procedural measures to remedy any omissions or non-conformities.
Lastly, for the benefit of those who believe that the new directive
is hard to read, insofar as it amends or adds articles to the 2009
directive, I would emphasise that once the Publications Office of
the European Union has incorporated the amendments provided for by
Directive (EU) 2025/2450, a new consolidated version of Directive
2009/38/EC is due to be published on the EUR-Lex website.
Consolidated texts aren’t authentic versions, and they have no legal
effect, but they’ll still make the directive much easier to
read.
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Agenda
2
February Madrid Presentation
of the report of the committee of experts on democracy at work,
commissioned by Yolanda Díaz, Spain’s Minister of Labour and Social
Economy.
12 and 13
February Lefkosia
(Cyprus) Informal meeting of European
Ministers of Employment
3 and 4
March Brussels 4th
European Employment and Social Rights Forum, organised by the
European Commission, on the theme of: Social
Europe: Empowering people in times of uncertainty.
9
March Brussels Employment
and Social Affairs Council
18
March Brussels Tripartite
Social Summit
29 June Luxembourg Employment
and Social Affairs Council
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Koniaris, Laura Renucci, Frédéric Turlan and Iris
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Lead
story
MEPs want to
strengthen the legal framework governing company restructurings
On 20 January, by a large majority, MEPs adopted a resolution
in favour of a directive for a just transition in the world of work. The
text in question adopts the one adopted by the Committee on Employment and Social
Affairs, with the exception of deleting, from the body of the text, the explicit
request to the European Commission to put forward a proposal for a directive. This
concession to EPP conservatives is a symbolic one, as the text was adopted within
the framework of a so-called “legislative initiative” report. In other words, the
Commission will in any case have to indicate whether it plans to propose a law, or
if not, justify its refusal to do so. Moreover, the mention of a directive is
retained in the resolution’s title and its annex, which sets out recommendations.
Parliament had already called in 2023 for a directive to strengthen workers’ rights,
with a view to anticipating changes, and thus restructuring processes (see IR Notes 219
and Parliament’s briefing).
This time, MEPs are arguing in favour of the proposal, stating that the success of
the twin ecological and digital transition “will depend heavily on ensuring that
transition is just and inclusive for workers, businesses and regions and that it
contributes to social justice for all”, so that “no one is left behind”. In the
annex to its resolution, Parliament recommends the creation of a “Union framework of
policy measures that can be put in practice in regions affected by the green and
digital transition with the aim of ensuring a socially fair and inclusive transition
and the creation and protection of quality jobs.” MEPs want a text that covers a
broad scope of intervention: “working conditions; the integration of persons
excluded from the labour market; information and consultation of workers; and
improvements of the working environment to protect workers’ health and safety”. The
proposal also recommends establishing “an individual right to training for workers
during working hours”. Parliament’s initiative has received the full support of
the European trade union movement, including the European Trade Union Confederation
(see press
release) and IndustriAll Europe (see press release).
Ludovic Voet, ETUC Confederal Secretary, now wants the Commission to include such
legislation in the promised law on quality jobs. The employers, for their part,
consider this request to be inappropriate. In a joint
statement issued on 14 January, several employers’ organisations expressed
their opposition to a text that imposes new obligations on businesses; in a policy
paper published in December, Ceemet also warned of a risk of increasing the
amount of red tape at a time when Europe should be boosting its investments,
innovation and training.
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1. European
Union
Social
update
Restructuring : On 19 January,
the European Commission proposed mobilising 1.6 million euros from the European
Globalisation Adjustment Fund (EGF) to help 267 workers dismissed after the
bankruptcy and closure of Tupperware Belgium in February 2025 (see press
release).
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European Pillar of Social Rights :
Having been pressed by MEPs, who submitted an oral question to
the European Commission in December last year, Roxana Mînzatu, Executive
Vice-President of the Commission for Social Rights, responded during a debate in the
European Parliament on 22 January. She announced that the Commission would present
“the results of the review of the 2021 Action Plan in July”, adding that “future
actions will be defined on the basis of a thorough analysis of implementation” of
the first Action Plan adopted in 2021, “but also, importantly, in view of the gaps
and the new needs that have been identified”.
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Sectoral
social dialogue
Banking : On 15 January,
European social partners in the banking sector signed a joint
statement on preventing violence and harassment in the workplace. The text
covers the issues of gender-based and domestic violence, and workplace-related
third-party violence and harassment. It invites social partners to roll out measures
covering prevention, detection and victim support, at all levels — including at
multinational companies. As well as actions involving awareness-raising for
employees and training for managers and supervisors, the signatories call for
measures such as extending internal rules on prevention to encompass remote work
situations, offering the employees concerned, at their request, flexible work
arrangements and/or leave, and refraining, wherever possible, from any disciplinary
or dismissal measures for being late to or absent from work, in cases with evidence
of workplace-related violence or harassment (see press
release).
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2. Member
States
Austria
Employment for the over-55s :
Long-term unemployed persons aged over 55 will enjoy better
access to the labour market, thanks to a measure that will create between 3,000 and
6,000 jobs (see press
release), via subsidies to the not-for-profit or ‘social and solidarity
economy’ (SSE) sector (60%), and aid granted to private companies, to encourage them
to employ these workers (see press
release). The measure is broadly supported by the trade unions. However the
ÖBG trade union confederation is seeking an assurance that these employees will have
appropriate working conditions, and the Chamber of Labour (AK) emphasises that this
funding should be maintained over the long term (see ÖBG
and AK
press releases).
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Bulgaria
Parenthood : Parliament has
enacted changes to the Labour Code and the Family Code, incorporating measures to
enhance the working conditions of employees who have children. The emphasis has been
placed on greater flexibility for remote working and tailored working hours, to
encourage a better work-life balance (see press
release).
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Finland
Labour market reforms : On 15
January, the government submitted a bill to Parliament covering labour market
reforms, with the aim of implementing these measures on 1 April this year. The
government says that the new flexibility being introduced to employment legislation
is intended to “facilitate the recruitment of new workers, especially for SME”.
These reforms include: 1/ allowing employers to recruit employees
on one-year fixed-term contracts without having to provide justification for this,
where the contract of employment in question is the first one signed between them;
2/ granting the employer the right to terminate such a fixed-term
contract after six months, though the employer must justify its decision;
3/ reducing the notice period for dismissal from 14 to 7 days;
4/ removing the obligation for companies with fewer than 50
employees to rehire a worker who has previously been dismissed for non-personal
reasons, when further recruitment takes place.
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Greece
Reforms to the system of collective labour
agreements : Social dialogue passed an important milestone
in December when the Ministry of Labour and Social Security put forward a bill
entitled the “Social Accord for Enhancing Collective Labour Agreements”, concluded
between the government and social partners. This initiative, which has been welcomed
by — among others — the Executive Vice-President of the European Commission, Roxana
Mînzatu, is intended to strengthen the legal framework of social dialogue and to
promote collective bargaining (see Ministry of Labour press
release). This bill is based on a National
action plan adopted by the Ministry of Labour, in accordance with Directive
2022/2041 on adequate minimum wages. The action plan, which will run until 2030, has
five main themes: 1/
strengthening the legal framework governing collective bargaining; 2/ establishing a dedicated
working group that will bring social partners together; 3/ gathering and enhancing the
statistical data available on collective bargaining coverage; 4/ research, information and
training actions; 5/
monitoring implementation of these measures. The bill is subject to a public consultation lasting
until 28 January. Contributions received are due to be taken into account in the
final version. These reforms are being implemented in response to the harm caused by
the Memorandum imposed by the EU at the time of the debt crisis, which dismanted the
Greek collective bargaining system in order to cut wage costs. For example, the
extension of sectoral collective labour agreements was suspended at that time,
meaning that even collective agreements covering a substantial majority of workers
in a specific sector could not be declared compulsory. As a result, employees
carrying out the same work within the same sector often found that their wages and
working conditions varied widely, depending on whether their employer was a
signatory of the agreement. The social accord explicitly turns this logic around, by
facilitating extensions and cutting representativeness thresholds, with a view to
re-establishing sectoral norms. “The practical impact of these changes will depend
on how they are implemented and on the social partners’ capacity to play an active
role in collective bargaining at sectoral and company level”, explains Vasilis
Koniaris, a lecturer in European industrial relations at the University of
Macedonia, in Thessaloniki. “Nevertheless, the social accord represents a key
benchmark in terms of understanding current social dialogue trends in Greece”.
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Netherlands
Noise pollution : A report
submitted on 10 November to the Ministry of Social Affairs and Employment, reveals
that more than 50% of workers suffer noise disturbance; 34% of them experience
fatigue, stress and problems with concentration as a result of this (see SER press
release). According to the authors, who investigated working conditions in
“open spaces” – an area that is frequently overlooked in research – the main sources
of disturbance are conversations between colleagues (56%) and noise made by
equipment and machinery, such as printers, acoustic warning systems and alarms (over
30%).
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Norway
Psychosocial risks : As a result
of the amendment to
Article 4-3 of the Working Environment Act adopted by Parliament on 20 June, the
requirement for a fully adequate working environment has explicitly applied to
psychosocial aspects since 1 January. The text provides four new examples of
psychosocial risks that employers must take into account: 1/ unclear or contradictory
demands or expectations; 2/
emotional demands and psychological tension (especially in work involving human
interaction); 3/ excessive
workload and time pressure; 4/
a lack of support in the workplace (see Labour Inspectorate press
release).
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Sweden
Pay transparency : On 15
January, at the Council of State (Lagrådet), the government put forward a bill
transposing the directive on pay transparency, which it plans to present to
Parliament (Riksdag) in the spring, so that it can enter into force on 1 July. Among
other things, this bill requires employers with at least 100 employees to compile a
report on pay, containing information on average gender pay gaps. This document must
be passed on to the Equality Ombudsman (DO), who will be required to publish certain
sections of the report (see press
release).
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Czechia
Change of job : In a ruling
on 26 November, the Constitutional Court rejected an application to repeal a section
of the Labour Code that allows an employer, in certain situations, to transfer an
employee to a different position without their agreement. In particular, the
disputed provision concerns cases where an employee is no longer able to carry out
the job specified in their contract of employment, for example for health reasons.
The Constitutional Court judges deem such a transfer to be a temporary solution,
until such time as the employer and employee can agree a way forward. However, the
Czech and Moravian Trade Union Confederation (ČMKOS) wants the legislation to be
adapted, so that the change of job is an outcome agreed between the employer and
employee.
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3.
Companies
Transnational agreement
Agreement renewed : On 13
January, the Italian energy company Eni
and the IndustriAll Global
Union federation renewed their Global
Framework Agreement on International Industrial Relations, Corporate Social
Responsibility and a Just Transition. This revision introduces several major
changes to the first text,
signed in 2019, for example the inclusion of ILO Convention no. 190 on Eliminating
Violence and Harassment in the World of Work, and strengthening due diligence in the
field of human rights across the entire supply chain. The agreement also reaffirms
the role of social dialogue in accompanying the energy transition and organisational
restructuring, while emphasising the need for a just transition for workers (see press
release).
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Basic rights : On 15 January,
the state-owned Norwegian company Vinmonopolet, which holds a
monopoly on retail sales of alcohol, and the IUF international trade union
federation, signed a memorandum
of understanding establishing a complaints mechanism for reporting cases of
labour rights violations by employers producing alcoholic beverages or agricultural
raw materials used in products marketed by Vinmonopolet. Similar agreements have
been concluded by the Swedish (Systembolaget)
and Finnish (Alko)
monopolies (see press
release).
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Corporate
social responsibility
Global trade union network : On
14 and 15 January, the IndustriAll Global Union federation organised a
meeting in Indonesia, attended for the first time by around thirty trade union
representatives from Adidas
supplier countries, and a delegation from the German chemical industry trade union
(IGBCE). The aim of this initiative was to boost coordination between trade unions
in Adidas production countries (see press
release). The discussions covered labour and environmental standards in
supply chains, breaches of human rights in Burma at the supplier Pou Chen
Group, and the decision taken by Adidas, in Germany, to withdraw from the
footwear industry’s sectoral collective agreement (see press
release). IndustriAll Global Union is calling on Adidas to commence
negotiations with a view to concluding an international framework agreement.
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4. Studies
and reports
Social protection : The European
database MISSOC, which
provides information on social protection systems in all EU countries, plus Iceland,
Liechtenstein, Norway and Switzerland, has been updated. The database, which also
allows comparisons
to be made between countries, can be consulted in English, French and German. Access
is free and open to all.
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