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IR Notes 105 – 10 October 2018
www.irshare.eu
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A question for…
Jean-Luc Delenne, Carrefour Group Director of Social Affairs
Can you tell us how the European
Works Council’s declaration on combatting violence against women
came into being? At group level, we’ve been working closely
with employee representatives for more than ten years now. We began
with recruitment and integration of people with disabilities, and
then in 2012 we extended this to gender equality: the European Works
Council drafted and adopted a joint declaration, which was
subsequently appended to the 2015 Carrefour – Uni Global Union
global agreement. This year, the European Works Council has held
workshops on combatting violence against women, and these in turn
have led to the adoption of a further joint declaration,
supplementing the one on gender equality. This work demonstrates the
social partners’ growing awareness of this issue, and their
determination to take concrete steps to address the consequences of
violence towards women, especially in terms of how it affects their
day-to-day work and their career development. This welcome
initiative, taken by the representatives of European employees,
received support from management and has since been incorporated
into the new global framework agreement, signed on 3 October 2018.
The joint declaration is now global in scope.
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Agenda
10 and 11
October Brussels
Annual conference of European Works Councils organised by the European
Trade Union Confederation.
12 October
Paris
International conference, organised by the French Ministry of Labour and
the ILO, devoted to the future of work, on the topic of “more
voice for better decisions in the enterprise”.
18 October
Suresnes
(France) The sixth symposium of social
dialogue in the private and public sectors, organised under the
patronage of the ILO Bureau for France and of the Global Deal.
22 October
Brussels
Monthly forum of the European Trade Union Institute on New
Trade Union Strategies for New Forms of Employment.
13 December
Paris
European Works Council Club meeting led by Astrees and IR Share on the
theme of how the Trade Secrets Directive affects European Works
Councils. Tel: + 33 (0)6 81 41 53 95.
4 and 5
December Brussels The
European Trade Union Institute (ETUI) is organising a conference
devoted to the theme of women’s exposure to cancer risks in the
workplace, with sessions on prevention, remaining in and
returning to work, and on detection of work-related cancers.
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Who we are?
IR Notes is a
fortnightly newsletter produced by IR Share and its
network of experts, and is available in several European languages
(English, French, German, Italian, Spanish). It offers Europe-wide
monitoring of employment law, labour relations and employment policy. It
is available by subscription for 18 euros per month
The team This issue
was produced by Märt Masso, Sylvain
Nadalet and Frédéric Turlan. Find
out more about the IR Share
team on our website
Subscribe to IR Notes
Via the IR
Share website or by calling us on: +33 (0)6 81 41 53 95
or E-mail: frederic.t@irshare.eu
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Lead
story
Carrefour
group promises to address the issue of violence against women
On 3 October, in connection with the renewal of the global agreement (*) concluded
between the Carrefour group and the Uni Global Union federation (see press releases
issued by Uni
Global Union and Carrefour),
the signatories appended a European Works Council declaration “addressing the issue
of violence against women at work” to the agreement, (see “A question for…”). As far
as we are aware, this is the first time that this theme has been broached in the
context of global social dialogue. The signatories point out that, according to UN
Women, one in three of the world’s women suffers domestic violence, of either a
physical, sexual or psychological nature. This means that potentially, across the
group as a whole, one third of the group’s 160,000 female employees may be affected.
The text emphasises the need for training, and to organise awareness-raising
actions. The declaration calls on employers not to punish a female employee on
grounds of incompetence before first satisfying themselves that such shortcomings
are not linked to a “personal problem” and to “show empathy, listen and be on the
alert if they observe changes in a female employee’s behaviour”. The signatories
also call on people to reject “sexist or degrading comments and behaviour aimed at
women in the workplace” and to refuse to let these become commonplace. Actions will
be monitored by a European Works Council working party, which will meet three times
a year. Speaking at the signature ceremony of the global framework agreement, Guy
Ryder, Director-General of the ILO, described the initiative as
“ground-breaking”. > See also: commitments on preventing
sexual harassment at Sodexo
and Unilever.
(*) These texts are not available.
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1. European
Union
Social
update
Workers’ exposure to diesel engine exhaust
gases: discussions are being held between the European
Commission, Council and Parliament (as part of a trilogue) with a view to adopting
the second revision of Directive 2004/37 of 29 April on the protection of workers
from the risks related to exposure to carcinogens or mutagens at work. On 26
September, the Commission announced its support for the compromise proposal put
forward by the Austrian Presidency of the EU, which involves adopting an amendment
to bring diesel engine emissions within the scope of application of the
directive and, as requested by Parliament, setting an occupational exposure limit
value of 0.05 mg/m³, which corresponds to the standard in force in Germany. Applying
this exposure threshold should enable 6,000 cancer deaths to be prevented each year.
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Sectoral
social dialogue
- Exposure to formaldehyde:
within the framework of the third revision of Directive 2004/37 of 29 April 2004
(see above), the European social partners in the furniture sector have adopted a
joint
position to support the limit values for exposure to formaldehyde
proposed by the European Commission.
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Trade
unionism
- Brexit and European Works Councils:
in anticipation of the consequences of Brexit, the European
trade union federations have published joint
recommendations, seeking to ensure that British delegations keep their
place on existing European Works Councils and European Company (“SE”) Works
Councils, and that the subject of Brexit systematically appears on the agenda of
meetings held by European Works Councils and SE Works Councils.
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Case law
The notion of night work for women who are
pregnant, have recently given birth or are breastfeeding: a
female Spanish employee working as a security guard at a shopping centre in the
context of shift work, which resulted in her having to work nights, asked for a
medical certificate to be issued, so that she could be released from night work. In
her view, this posed a risk to her breastfeeding. Directive
92/85 of 19 October 1992 on the introduction of measures to encourage
improvements in the safety and health at work of pregnant workers and workers
who have recently given birth or are breastfeeding, grants protection
against night work but without specifying which working period it relates to. The
Court of Justice therefore turned to Directive
2003/88/EC of 4 November 2003 (organisation of working time) to interpret
the notion of night work appearing in Directive 92/85. The Court holds that it
follows from the provisions of Directive 2003/88 that “a worker who […] does shift
work in the context of which only part of her duties are performed at night must be
regarded as performing work during ‘night time’ and must therefore be classified as
a ‘night worker’”. (CJEU,
19 September 2018, case C-41/17, Isabel Gonzalez Castros).
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2. Member
States
Estonia
- Agreement reached on an increase in the
minimum wage: On 1 October, the social partners decided
to raise the minimum wage by 40 euros. From 1 January 2019, it will rise to
540 euros per month (3.21 euros per hour). The decision was taken following a
public consultation at which it was decided that the minimum wage was too low.
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Italy
Fixed amounts of damages payable in the event
of unjustified dismissal: On 26 September, the
Constitutional Council issued a ruling, censuring a provision of the 2015 labour
law reforms (the “Jobs Act”) that introduced a sliding scale for damages payable by
the employer in the event of unjustified dismissal. The courts will now be able to
adjust the amount of compensation provided for by law (which was previously between
6 and 36 months’ wages, and was based primarily on the employee’s length of
service), so that other criteria, such as family responsibilities, conditions in the
local employment market and the parties’ behaviour during the course of the working
relationship and the trial, are taken into account.
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3.
Companies
European
Works Councils
New agreement: On 25 September,
the Spanish textile group Inditex (171,839 employees),
which owns the Zara and Massimo Dutti brands, signed an agreement on the creation of
a European Works Council. The group had already signed a global
framework agreement with the Uni Global Union federation, back in 2009. The
agreement stipulates that only trade union members or workforce representatives can
sit on the council. Consequently, a group of around ten countries will be
represented on the council, pending the establishment of trade unions or workforce
representation bodies in countries that do not currently have one. The agreement
grants Switzerland and Turkey a seat on the council as observers, once the agreement
has been in place for three years. “The council will also be able to vote on its own
operating budget from year 2 onwards, thus granting it a certain level of autonomy”,
explains Laila Castaldo, Uni Global Union coordinator.
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Transnational agreement
Trends in employment and skills:
On 30 May, the management of the Veolia group and its European Works
Council signed a letter
of commitment from management that contains ten commitments made in order to
anticipate support for employees in developing their skills, career paths and
mobility. Country HR Managers and employee representatives will have to place the
emphasis on two of the ten commitments. >
In brief: the trade union federations IndustriAll Global
Union and IndustriAll Europe have organised a seminar on the application of the
global framework agreements signed at Asos, H&M and Inditex to the 600,000 people
employed in the textile and footwear sector in the countries of South-East Europe,
where the minimum wage is sometimes 200 euros per month, i.e. one half of the
minimum wage paid in some regions of China (see press release)
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Restructuring
A hearing at the European Commission:
a delegation of European trade union officials from the
steelmaking group ArcelorMittal has visited the
European Commission to discuss the consequences of the takeover of Italian steel
producer Ilva by ArcelorMittal (see IndustriAll Europe press
release). ”The aim”, explains Luis Colunga, IndustriAll Europe’s Deputy
General Secretary, ”is to ensure that DG Competition takes account both of workers’
interests and of ArcelorMittal’s long-term development, including those sites that
are to be sold off. We also emphasised DG Competition’s responsibility in terms of
guaranteeing jobs and the long-term future of the sites being sold off, because they
are being sold off as a direct result of the competition analyses performed by the
Commission”. IndustriAll is unhappy about these disposals, and argues that they are
based on “the nonsensical application of a European competition law that is
completely outdated: by focusing solely on the internal market, it overlooks the
fact that our industries are developing as part of a globalised economy”. The
delegation was also seeking transparency in the divestment process, and wanted in
particular to find out what criteria the DG Competition had based its analysis on
for the purpose of determining whether the would-be new owner was a “good” company.
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