IR Notes

Working together to build a social Europe

An independent, reliable and impartial source of information on industrial relations and labour law in Europe.

IR Notes 107 – The Commission’s plans for 2019

  IR Notes 107 — 7 November 2018
www.irshare.eu
 
 
  A question for…
Peter Scherrer, Deputy Secretary General of the European Trade Union Confederation (ETUC)

Will you participate in the drafting of the handbook on European Works Councils (EWCs) that the current European Commission is due to publish next spring? And what are your expectations for the next Commission (that will be set up after the European elections) in terms of developing EWCs?
We are currently watching what the Commission is preparing for this handbook. We have our own manuals for EWCs (based on many years of experience). Books cannot compensate for the absence of progressive and modern legislation. For the ETUC, the need to revise the directive is manifestly obvious and overdue. We still have European Works Councils in only one half of all possible companies and we still have inadequate rights for EWC members and union representatives. For example, EWC members must have access to company plants, and both effective penalties for violations of the directive (and of information and consultation rights in particular) and clear rules for the special negotiation body are urgently needed.

 
  Diary

 


12 November
Prague
The CERGE-E’s IDEA think tank is organising a conference on The Future of Automation and Implications for Education Systems.



22 November
Brussels
Lunch-time debate at the European Trade Union Institute (ETUI) to present the results of the “Boosting unions’ participation to guarantee quality transitions and employment to young people in Europe“ (EN) project.


29 November
Brussel
Conference organised by the Université Catholique de Louvain entitled “Le travail détaché face au droit européen: perspectives de droit social et de droit fiscal” [‘Posted workers and European law: employment law and tax law perspectives’].



29 and 30 November
Bordeaux
European study day organised by Comptrasec on the platform economy: “Travail, emploi et organisations – perspectives juridiques et approches comparatives“ [‘Work, employment and organisations – legal perspectives and comparative approaches’], including a session on national and European case law on new forms of employment.



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.


11 December
Paris
Training course organised by Astrees and IR Share entitled “réussir son premier mandat de représentant au CE européen“ [‘making a success of your first term as a European Works Council representative’] (this course will be run in French).
Tel.: + 33 (0)6 81 41 53 95.


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.

 
  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 Jan Czarzasty and Frédéric Turlan.
Find out more about the  IR Share team on our website


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IR Share is a privately- owned, independent, apolitical company whose aim is to inform and assist all players involved in social dialogue within and outside Europe. It has been the correspondent organisation for France of the European Foundation for the Improvement of Living and Working Conditions since 2009.


 

Lead story
The Commission’s plans for 2019

On 23 October, the European Commission presented its work programme for 2019. For the final year of his term of office, the President of the Commission, Jean-Claude Juncker, called on the European Parliament and the Council to adopt the proposals presented by the Commission in the past four years, because “there would be no better message to voters taking to the polls next year than if we were to demonstrate that this Union delivers concrete, tangible results for them” (see press release). The work programme, set out in an appendix, focuses on 15 new initiatives – one of which concerns the area of social affairs directly: the Commission wishes to expand the number of social policy areas on which Member States can rule by a qualified majority vote rather than unanimously. Such a change would facilitate the adoption of new social legislation. The Commission also plans to undertake an evaluation of Directive 2006/54 of 5 July 2006 on equal treatment of men and women in matters of employment and occupation. It also lists the 45 priority proposals pending (starting at no. 30 on the chart) which have to be adopted before the European elections, including its proposals for directives implementing the European Pillar of Social Rights, relating to: 1° Establishing a European Labour Authority. 2° Transparent and predictable working conditions in the EU. 3° Work-life balance for parents and carers The Commission is also planning to arrange the adoption of the third revision of Directive 2004/37 (carcinogens or mutagens) and several regulations, including the coordination of Member States’ social security systems, the European Globalisation Adjustment Fund and the European Social Fund Plus. Also worthy of note are the proposal for a directive establishing a specific regime for the posting of drivers in the road transport sector, and the revision of Regulation no. 561/2006 on minimum requirements concerning road transport drivers’ working hours.


Sectoral social dialogue

Employment and skills in the electricity sector: On 23 October, the European social partners in the electricity sector signed a “Roadmap on Skills and Qualifications“ and a “Joint pledge to join the European Alliance for Apprenticeships“ (see press releases issued by IndustriAll Europe, the EPSU and Eurelectric).
>
In brief: On 18 and 19 October, the European social partners in the chemical industry organised a conference on the digital transformation, accompanied by the presentation of a study of its impact on employment and skills (see IndustriAll press release).


Case law

Misuse of fixed-term contracts : in an Italian case concerning the sector of activity of operatic and orchestral foundations (CJEU, 25 October 2018, case C-331/17, Sciotto), the EU Court of Justice reminded Member States that no sector can completely escape the limits laid down by EU legislation, in terms of preventing the misuse of fixed-term contracts. The case concerned a ballet dancer, Martina Sciotto, who was recruited to work under a succession of fixed-term contracts over a four-year period. The Court held that the Italian legislation applicable to this sector had to include one of the limits fixed by Directive 1999/70/EC of 28 June 1999, which requires States to stipulate at least one of the following measures, to prevent the misuse of fixed-term contracts: either stating objective reasons justifying the renewal of fixed-term contracts, or determining the maximum total duration of those contracts or the number of renewals of such contracts. In its ruling, the Court rejects all of the arguments put forward by Italy in support of their argument that this legislation does not apply to the operatic and orchestral foundations sector. It states that there is no obligation for employers to be punished by forcing them to convert fixed-term employment contracts into contracts of indefinite duration. However, where the disputed legislation prohibits this type of punishment within a specific industry, the sector concerned must have an alternative and effective measure in place to prevent, and if applicable to penalise, the misuse of successive fixed-term contracts.


Trade unionism

Democracy at work: with the 2019 European elections in mind, the European Trade Union Confederation is highlighting the theme of democracy at work. Having organised a demonstration in front of the European Parliament on 10 October, with the support of MEPs from several political parties, and handed in a petition (see press release), the confederation is calling for a directive to strengthen workers’ rights in the areas of providing information, consultation and employee representation on companies’ management bodies.


2. Member States
Germany

  • Working on digital platforms: 4.8% of the population aged 18 and over is involved in platform work (“crowdworking”), according to a study published (in German and English) by the country’s Ministry of Employment. This comes as a surprise because the existing studies quoted usually estimate this figure at around 2% of the population concerned (see press release). 40% (of the 4.8%) earn more than 1,000 euros gross per week and one third earns under 100 euros per week.


Poland

Civil aviation labour dispute: On 1 November, the management and trade unions of the airline LOT signed an agreement bringing the dispute to an end. The agreement provides for the reinstatement of a trade union official whose dismissal was one of the issues that triggered the strike, and the return to work of 67 employees dismissed by the company for taking part in this industrial action, which management deemed “illegal” (see press release issued by the European Trade Union Confederation).


Spain

3. Companies
European Works Councils

Failure to consult workers in the context of restructuring: On 17 October, the US-based aluminium producer Alcoa announced the closure of two of its three smelting sites in Spain, resulting in the layoff of 700 workers. According to the trade-union federation IndustriAll Global Union, Alcoa’s European Works Council has criticised management for failing to keep it informed and to consult it. It “has filed a court claim in the Netherlands in order to block the closure and layoff” (see press release).



Transnational agreement

  • Fundamental rights: the management of Brazil’s second-largest bank Banco Itau (90,000 employees) and the Uni Global Union federation have renewed the global framework agreement they signed in 2014. The bank operates primarily in Latin America but it also does business in the EU, Austria and Portugal (see Uni Global Union press release).
    >
    see also the international framework agreement established by the Belgian construction group Besix, which is published on line on IR Share.


Trade unionism

Trade-union recognition agreement: On 31 October, the management of Unilever (161,000 employees) and the international trade-union federations IndustriAll Global Union and IUF, signed a Memorandum of Understanding ensuring that trade-union rights will be upheld within the group and by its suppliers. The text recognises the two global trade unions as “internationally representative bodies” looking after the rights of unionised employees (see IndustriAll Global Union press release). The text institutionalises twice-yearly meetings between management and the two federations. IUF and the group’s management are already cooperating in the context of two working groups on sustainable employment and gender equality, the importance of which is referred to in the agreement. In 2016, the parties had already signed a joint pledge to prevent sexual harassment in the workplace.

 

IR Notes

An introduction

IR Notes is an independent, reliable and balanced briefing note on industrial relations and labour law in Europe.

Published in 6 languages and sold by subscription, this newsletter gives you access to concise, targeted and practical information on the major themes of both social Europe and transnational social dialogue.

With our experts and national correspondents, we adopt a dynamic, practical and useful approach to European social monitoring.

As a result, we select the most relevant topics, which are a source of cross-disciplinary and inspiring ideas.

Each issue includes:

  • An interview with someone working in the field of industrial relations who offers their unique take on a current social issue, an agreement, or an example of best practice.
  • Updates on EU legislative and case law developments.
  • Monitoring of labour law developments in EU Member States.
  • Updates on the latest developments concerning European Works Councils and SE Works Councils.
  • Lastly, IR Notes keeps you informed about the main studies and research carried out on the world of work.

IR Notes
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The IR Notes newsletter gives everyone in Europe access to an independent, reliable and impartial source of information on topics involving industrial relations

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