IR Notes

On 20 March, the European Commission put forward a proposal for a directive and a proposal for a recommendation to Member States, which is aimed at improving the working conditions of trainees in the EU and preventing the misuse of traineeships (see Traineeship). MEPs (see IR Notes 211) and youth organisations (see IR Notes 212) have long been calling for this proposal for a directive, which aims to supplement the revision of the current Council recommendation of 10 March 2014 on a reinforced Quality Framework for Traineeships (see IR Notes 26). The main aspects of the proposal for a directive apply only to trainees who have an employment relationship and not to all trainees – for example, those whose traineeship is part of a training course are not covered. The proposal seeks to: 1/ Affirm the principle of non-discrimination, which has already been applied to employees who are on a fixed-term contract, so that trainees are treated on an equal footing with regular employees, in terms of their working conditions, including pay. However, objective reasons, such as having different tasks to undertake, lower levels of responsibility, less work intensity or the amount of time taken up by the traineeship’s learning and training component, can provide justification for treating these trainees differently. 2/ Ensure, by means of controls and inspections based on analysing six criteria, such as the “excessive duration of the purported traineeship” or “the requirement for previous work experience”, that traineeships are not used to disguise regular employment relationships. To this end, the law will require employers to provide information to the authorities, on request, on the number and duration of traineeships, and the working conditions associated with them. Member States will also have to set “a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer”. In addition, employers will have to provide trainees with “information on the expected tasks, working conditions, including pay, social protection, learning and training elements” in advertisements for traineeships. 3/ Protect trainees against retaliatory measures if they seek to assert their rights. The law will enable workers’ representatives to bring judicial or administrative proceedings, on behalf or in support of one or more trainees, in order to enforce their rights. Moreover, given the vulnerability of trainees, Member States will have to establish “channels” allowing trainees “to report malpractice and poor working conditions”.
For its part, the proposal for a revision of the 2014 recommendation, which applies to all trainees, provides for: 1/ fair pay for trainees; 2/ access to social protection for trainees; 3/ designation of a mentor to provide the trainee with targeted coaching and support; 4/ equal access to traineeship options, including for persons in vulnerable situations and ensuring that workplaces are accessible to trainees with disabilities; 5/ authorisation for hybrid and remote working, ensuring that trainees are given the necessary equipment; 6/ increasing their employability by providing additional vocational coaching and measures encouraging traineeship providers to offer trainees regular employment once they have completed their traineeship.

> Reactions: The European Youth Forum believes that the Commission’s initiative takes one step forward and two steps back. It’s a way “to tackle an increasing problem: the replacement of entry-level jobs by (unpaid) internships”. However, this means the directive is “only looking at workers disguised as interns, instead of well… all interns in the labour market”. It “leaves too many responsibilities for the labour inspectors, who are already underfunded and overworked”. “All interns in the labour market deserve a fair pay”, says the NGO (see press release). “Unpaid traineeships mean bright young people from working class backgrounds are locked out of many careers because they can’t afford to work for free”, adds Tea Jarc, Confederal Secretary of the European Trade Union Confederation. “The directive proposed today does little to address this scandal, giving yet another job to under-resourced labour authorities when the obligation should be on employers to deliver quality traineeships” (see press release).

Health and Safety : Directive 2024/869 of 13 March 2024 amending Directive 2004/37/EC and Directive 98/24/EC as regards the limit values for lead and its inorganic compounds and for diisocyanates (other languages) was published in the OJEU on 15 March. The new provisions will have to be transposed into domestic law by 9 April 2026.

New Zealand : The Free Trade Agreement between the European Union and New Zealand (other languages) was published in the OJEU on 25 March. It includes articles on multilateral labour standards and agreements (Art. 19.3), gender equality (Art. 19.4) and responsible business conduct and supply chain management (Art. 19.12). Each Party undertakes to promote “social dialogue on labour matters between social partners and relevant government authorities” (see Fair trade agreement).

Violence and harassment : On 25 March, the Council of the EU adopted a decision inviting Member States to ratify ILO Violence and Harassment Convention (No. 190) (see press release). The EU is unable to ratify this convention because only States can be parties to it. So far, the convention has entered into force in Spain, Greece, Ireland and Italy, and it will enter into force in the coming months in four other Member States (Germany, Belgium, France, Portugal) (see ratification page).

Labour shortages : On 20 March, the European Commission published a communication entitled “Labour and skills shortages in the EU: an action plan”, with the aim of remedying these shortages, which “are a serious bottleneck for the EU’s sustainable and inclusive growth, competitiveness, green and digital transitions”. The Commission points out that the shrinking working-age population, the job growth expected from the green and digital transitions, and poor working conditions, “such as above-average job strain and low wages, are key factor[s] behind persistent labour shortages in some occupations and sectors”. It plans to provide funding to social partners, so that they can expand their work in combatting this trend, and invites them “to submit operational projects” (see press release).

Violence perpetrated by third parties : On 19 March, European social partners from several business sectors embarked on negotiations aimed at revising the 2010 guidelines to tackle third-party violence and harassment (see Harassment and violence at work). According to the European Public Service Union (EPSU), the main points addressed concern gender-based violence, including domestic violence; digitalisation and cyberviolence; health and safety risk assessments, including staffing levels and workload; support, sanctions, compensation and redress. Moreover, “the multifaceted nature of violence which often occurs at the intersection of precarity, racism, sexism and homophobia, will be a cross-cutting issue” (see EPSU press release).

Occupational disease : On 28 March, Parliament passed a law updating the table of occupational diseases, which now covers 73 diseases, including four new ones (see press release). The ÖGB trade union confederation is pleased that “white skin” cancer has been included in the list, but disappointed at the lack of ambition demonstrated in this update. It wants to see an ongoing update procedure established (see press release).

Dismissal for medical reasons : From 1 April 2024 onwards, employers who invoke “medical force majeure” as grounds for terminating a contract of employment will have to pay a contribution of 1,800 euros into the “Back to Work Fund”, managed by the social security authority. The employees concerned will receive a voucher for career guidance or personalised coaching, to help them move into a new job. From 1 April 2025 onwards, employees and unemployed persons who have been recognised as unfit for work for more than a year, will also be eligible to use this fund (see press release).

• Platform workers:The Council of Ministers has approved a draft royal decree fixing minimum terms and conditions for the insurance contracts that digital platforms are required to take out to cover their self-employed workers. The protection offered by these contracts must be at least equivalent to the law governing accidents at work (see press release).

Longer leave for employees with twins : From 1 May, the parents of twins will enjoy 26 weeks of parental leave, split between the two parents, i.e. 13 weeks each, to be taken before the children’s first birthday (see press release and text of law).

Flexible and remote working : On 7 March, the government gave its approval for the right to request remote and flexible working arrangements, as provided for by the Work-Life Balance Act of 4 April 2023 (see IR Notes 206). With this in mind, the Workplace Relations Commission (WRC) has published a Code of Practice for Employers and Employees. All employees are now entitled to apply to work remotely. Parents and employees looking after children or family members who need to be cared for, are also entitled to request flexible working. The reasons mentioned by the guide for requesting a switch to remote working include: reducing the carbon footprint, neurodiversity and particular medical needs requiring a calm working environment. Being in breach of the code is not an offence, but this can be invoked where a complaint is lodged with the WRC, alleging a breach of these new rights (see press release). The ICTU trade union confederation has welcomed this code (see press release).

• Retirement at age 66: The government has passed a draft law enabling employees whose retirement age (frequently 65) is fixed at below 66 in their contract of employment – when the State retirement pension becomes payable – to carry on working until they obtain the State pension. Contractual clauses stipulating a lower retirement age will therefore no longer be enforceable against employees (see press release). The ICTU trade union confederation has welcomed the introduction of this law (press release).

Returning to work : On 26 March, the government put forward two draft laws designed to combat labour shortages. Employers who recruit someone who has been registered as unemployed for at least two months, to a position that will be their first job, and for a period of either at least 12 months or an indefinite period of time, will receive a subsidy. This subsidy is intended to make it easier to recruit young graduates and people who have been working abroad but would like to return to Slovakia, where they have not yet worked for the first time. The State will pay employers a monthly subsidy of 1318.50 euros for six months. In addition, at the time they are recruited, people who have been registered as unemployed for at least two months will receive a bonus of 150 euros per month for the first 3 months, then 75 euros per month for the next 3 months, to encourage them to stay in their job (see press release).

Minimum wage : In preparation for transposing the directive on adequate minimum wages, the Minister of Employment has drawn up an amendment designed to fix the minimum wage, from 1 January 2026 onwards, at 60% of the average monthly wage over the past two years. The Minister says the minimum wage might rise to 920 euros and pass the threshold of 1,000 euros in 2027. He is also planning to review the law on extending collective labour agreements, in order to simplify the process of requiring all employers in a given sector to implement these agreements; the aim here is to meet the target of having 80% of employees covered by a collective agreement (see press release).

Renegotiation : The TechnipFMC group has renegotiated its European Works Council agreement, which was concluded for a fixed term, and replaced it by a new agreement lasting indefinitely, which was signed on 19 December 2023. The agreement covers the EU, the EEA and the United Kingdom. The council will meet twice a year, and in principle these ordinary meetings will be held in person. In addition, it will be consulted in exceptional circumstances only, where at least 15% of the workforce in each of the countries concerned are affected, via extraordinary meeting(s) held on line. Members are entitled to one day’s training per year, delivered on line. The EWC is entitled to use the services of an expert in exceptional circumstances only, and only if such services are “absolutely necessary”. The Council Secretary will be assigned 40 hours per annum to carry out their work, while the other members will each have 24 hours. The text states that once the relevant technologies are deemed to have reached maturity, the parties intend to use automatic interpreting facilities at meetings held only in English.

> See also: Geopost European Works Council agreement signed on 5 March 2024.

A minimum level of social protection : On 21 March, the TotalEnergies group unveiled a programme benefitting all of its employees worldwide, based on four pillars: 1/ Social protection: all employees are covered by “an adequate and reliable health insurance plan” and a “death benefit plan that is equal to at least two years of the gross reference salary”; 2/ Health: every employee is entitled to a health check-up once every two years and will benefit from a psychosocial risks prevention programme; 3/ Family benefits: at least 14 weeks’ childcare leave on full pay is granted to the primary parent and two weeks to the secondary parent. A pay rise during periods of parental leave is guaranteed; 4/ Working environment and conditions: flexible working hours are adopted as standard, together with “Green Fridays”, thus freeing up employees from any collective meetings scheduled by management, every other Friday (see press release).

Mobility in the EU : On 12 March, the European Commission published its 2023 Annual report on intra-EU labour mobility (see also Executive summary). This shows both a remarkable degree of stability, with almost 10 million working-age people (a figure that represents 3.8% of the EU working-age population) having been movers in 2022, and a return to the posting levels seen before the Covid-19 crisis, with 3.1 million posted (full-time equivalent) employees, compared to 2.6 million in 2021 (up 19%). These movers are often people with a high level of education (32% in 2022, compared to 28% in 2016) (see press release).