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IR Notes 111 – 16 January 2019
www.irshare.eu
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Editorial
Dear readers,
As this new year begins, the whole
IR Notes team sends you its best wishes and looks forward to continuing to enlighten
you and guide you through the plethora of information available, so
that you can do your job or discharge your duties more effectively.
Our determination to retain our independence and to position
ourselves midway between management and unions, i.e. to provide the
same high quality information to both parties involved in labour
relations, will remain at the heart of our commitment.
The start of this new year offers a
good opportunity for us to hear what you might have to
say and to take
account of your comments and suggestions on how we can improve or
develop our publication, plus your criticisms too, of course. What
more can we do to help you? Do you require information that is not
currently covered by IR Notes? Do you need an opening onto countries
that lie outside the European Union? Would you, as a subscriber,
like to have access to a kind of Facebook group, restricted to
subscribers only, so that you can engage in further discussions? We
are looking at the possibility of developing IR Notes in a sixth
language, which will probably be Polish, to increase the number of
people who can access our monitoring work in their mother tongue.
Does that sound relevant to you? We would be very happy J to receive
your opinions (frederic.t@irshare.eu) in whatever language you wish.
Lastly, 2019 will be the year of
European elections. As we find ourselves surrounded by political
forces that would like to see the EU abolished and its powers
returned to their own nations, or to see it converted into a mere
free trade zone, we believe that the search for alternative voices
is an absolute necessity. Up to the time of the European elections,
we will be giving a platform to those who are proposing an
alternative vision of European construction and an alternative
shared future, to provide you with food for thought and to
demonstrate that the imperatives of social justice and social
progress, which we inherited from those who rebuilt Europe in the
wake of the madness that saw it destroyed during the Second World
War, are still issues of pressing urgency in today’s world.
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Diary
14 to 17 January
Strasbourg Plenary
session of the European Parliament
28 and 29
January Hamburg Annual
seminar on legal developments in the EWC and SE landscape,
organised by the EWC Academy.
29 and 30
January Brussels A workshop
organised by the European Worker Participation Competence Centre
(EWPCC), the research department of the European Trade Union Institute
(ETUI) and Arbeit und Leben NRW e.V. on the theme of: “Promoting
sustainable workers via non-financial reporting and what it could
mean for workers’ participation“. The workshop will familiarise
participants with the regulations on non-financial reporting (NFR),
teach them how to analyse these reports, and discuss how worker
participation can deal with and use NFR.
30 and 31
January Brussels Plenary
session of the European Parliament
13 and 14
February Brussels EWPCC 2019
annual conference, organised by the European Trade Union Institute
(ETUI) on the theme of: “Enforcing
the rights of SNBs, EWCs, and SE-Works Councils“, with the
participation of several lawyers (see programme).
15
March Brussels Employment
and Social Policy Council
21
March Paris Les Débats
d’EUROGIP conference on the theme of “Occupational
health and safety: what levers in Europe for a culture of prevention
in the workplace?“. The conference reports on the different
approaches taken in this area at international, national and sectoral
levels; the support offered by insurance companies dealing with
accidents at work and occupational diseases in Germany, Austria, Italy,
France and Denmark; and the benchmarking systems used for managing
health and safety in the workplace.
21 and 22
March London Germano-British
seminar on European Works Councils, organised by the EWC
Academy, with the participation of Catherine Sarah Barnard, Professor of
Employment Law at the University of Cambridge, and Stephen Redmond,
Chair of the Central Arbitration Committee (CAC).
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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 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
Legal notice.
Publisher: IR Share SARL – 5, Les Compères – 89520 Fontenoy, France –
Tel.: +33 (0)6 81 41 53 95 – share capital 1,500 euros – commercial
register (RCS Auxerre): 512 567 959. Managing editor: Frédéric Turlan.
Hosting: Ideal prod – 14 rue Auguste Morel – 89100 Sens – France –
Tel.: + 33 (0)3 86 83 21 21
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Lead
story
16% of
employed internet users report changes in their job tasks due to digitalisation
The EU statistics office Eurostat has evaluated the progress made by digitalisation
in the workplace within the Union (see press
release). The study reveals the extent to which digitalisation is gaining
ground. In the twelve months preceding the survey, the work-related tasks of 16% of
employed internet users in the EU had changed due to the introduction of new
software or computerised equipment, and 29% had had to learn how to use new software
or equipment for their job. 71% of employees who had used the internet over the
previous twelve months reported that they were using IT tools (computers, tablets,
laptops, smartphones, etc.) at work and 19% were using computerised equipment or
machinery. The highest share of employed internet users (more than 90%) using this
type of tool was to be found in the Netherlands, Denmark and Sweden. The Latin
countries are below the EU average: Italy (71%), Portugal (69%), Spain (64%) and
Greece (60%). The lowest percentage rates were in Rumania (36%) and Bulgaria (47%),
which were the only two countries beneath the 50% threshold. In the East, only
Estonia stands out, with a rate (74%) above the EU average. Almost half (47%) of
employed internet users in the EU assessed their IT skills as adequate for their
duties, while 18% had more skills than required for their current duties and 9%
acknowledged that they needed further training.
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1. European
Union
Legislation
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Sectoral
social dialogue
Integration of migrants: On
18 December, the European social partners in the metalworking industry approved
two joint positions on the integration
of migrants into the employment market and the European
Pillar of Social Rights. The signatories are encouraging States to set up
programmes to train migrants, while at the same time providing financial support for
their employers. The text cites the example of Sweden, where the social partners
have reached agreement on a model enabling newly arrived migrants and long-term
unemployed residents to take on so-called “entry jobs” (etableringsjobb).
The wage costs involved for the employer will be around 840 euros per month while,
thanks to State aid, the migrant will receive a level of remuneration equivalent to
the minimum wage set by the collective agreement. The arrangement should be
operational by mid-2019.
- Third-party violence and
harassment: The European social partners for the central government administrations
sector (TUNED and
EUPAE) have signed multi-sectoral
guidelines to tackle third-party violence and harassment related to
work. These had already been adopted in 2010 by the social partners in
the local and regional government, healthcare, commerce, private security and
education sectors. They provide basic guidelines on how to put in place a policy
and procedure for preventing and dealing with harassment and acts of
violence.
> see agreement
with TUNED’s and EUPAE’s signatures.
- Exposure to formaldehyde:
On 30 November, the European social partners in the wood-based panels industry
adopted an autonomous
agreement on a “European Action Guide” regarding the prevention of
formaldehyde exposure in this industry and compliance with limit values
for exposure (see press release issued by the EFBWW
and the EPF).
The agreement provides companies with detailed instructions on how to plan
preventive measures and actions.
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Trade
unionism
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2. Member
States
Ireland
Abolition of zero hours
contracts: The Employment
(Miscellaneous Provisions) Bill 2017) will come into force in March. 1° The
employer will be obliged to provide a statement in writing of the five main
particulars of the terms of employment within five days after the employee has
started work; failure to do so will be a breach of criminal law. 2° The text
establishes a guarantee for employees whose working hours over the previous twelve
months did not match the number stipulated in their contract. They will then be able
to obtain a contract from the employer specifying a variable number of hours of work
that will ensure that, over the next twelve months, the number of hours they work
will be comparable to that of the previous twelve months. 3° An employer can be held
legally liable if it wrongly describes an employee as a “self-employed worker”. 4°
Zero hours contracts – which do not specify any minimum working hours – will be
prohibited, other than in exceptional circumstances. 5° The text stipulates the
right to a minimum payment for employees who are not called into work during a given
week. In this case, the employee will be entitled to receive 25% of his/her
contractual weekly hours.
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United
Kingdom
- Employment law reforms: On
17 December, the government published the “Good
Work Plan”, described as “the largest package of reforms” to employment
law “for more than twenty years”, which is intended to “meet the challenges
posed by a changing world of work”. The text announces plans to introduce a
right for all workers (employees, but also “workers”, an intermediate category
that lies between paid employment and self-employed work) to seek greater
certainty regarding the number of hours worked or the days of the week on which
they will be asked to work. The threshold above which employees can request the
introduction of information and consultation arrangements, which currently
stands at no less than 10% of the workforce, will be lowered to 2% for companies
with at least 15 employees. The right to receive a written statement of their
terms and conditions of employment will be extended to all workers and
employees. This must be handed over on day one of the employment relationship
(instead of within two months, as at present). However, the Trades Union
Congress (TUC) believes that the text does not offer sufficient guarantees to
workers employed by digital platforms (see press
release).
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3.
Companies
European
works councils
- New council to be created?
The European Transport Workers’ Federation (EFT) has called
for the creation of a European Works Council at the airport services company
Menzies Aviation (30,000
employees), which supplies ground handling, freight handling, cargo transfer and
refuelling services.
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European
company
New European company created:
On 14 December, the German group Traton (81,000 employees), which
is the company behind the brand names owned by Volkswagen’s commercial vehicle
manufacturers (MAN, Scania, Volkswagen Caminhões e Ônibus and RIO), was converted
into a European company (SE). The agreement on worker involvement in the SE
stipulates that one half of the 20 supervisory board members are to be workforce
representatives from the company’s European sites. Employees from these sites will
be represented on the SE’s future works council which, according to its secretary
Athanasios Stimoniaris, “will offer workers right across Europe the opportunity for
codetermination”.
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Trade
unionism
- International social dialogue:
On 13 December, the international trade-union federations
ITF and UNI Global Union and the management of the Deutsche Post DHL Group
(DPDHL) published a press release on the progress of their cooperation via the
procedure established by the OECD protocol in July 2016 (see UNI Global Union press
release). The IndustriAll Global Union federation also passed a
resolution demanding that Volkswagen urgently withdraw
any form of legal action brought against trade unions attempting to organise
workers at its plant at Chattanooga (Tennessee), in the USA. The federation is
threatening to tear up the global agreement on fundamental rights signed with
the car maker.
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4. Studies
and reports
Under-recognition of occupational
cancers: “Regardless of the number of cancers recognised by
each country and qualifying for compensation because they are work-related, everyone
agrees that they are under-declared”, says a recent French study
performed by Eurogip. The publication presents an analysis of the extent to which
occupational cancers are recognised in nine countries: Germany, Austria, Belgium,
Denmark, Finland, France, Italy, Sweden and Switzerland. In all countries except
Germany, cancers caused by asbestos dust constitute the vast majority of cancers
recognised as occupational diseases. > see
also the comments
of the European Trade Union Institute (ETUI).
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