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IR Notes 114 – 27 February 2019
www.irshare.eu
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Diary
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).
2 April Paris The CFDT
Construction et Bois union is organising a debate and get-together on
the theme of “Citoyen
et syndicaliste : 2 voix pour agir pour l’Europe“
[‘Citizens and trade unionists: 2 voices to promote the cause of
Europe’] that will be attended by Pascal Lamy (Institut Jacques Delors),
Marcel Grignard (Confrontations Europe), Werner Buelen (EFBWW), Sylvain
Lefebvre (IndustriAll Europe) and Laurent Berger (CFDT).
3 and 5 April
Paris Annual
Employment and Diversity Law Conference of the International Bar
Association on the theme of “Employment
Law in Difficult Times”.
4
April Warsaw
Third seminar of the “European
Metal Workers’ participation: State of play and best practices on
the edge” project, led by the FGMM-CFDT, with the support of
Syndex and twelve trade-union federations from EU countries, on the
effectiveness of European Works Council consultations. Contact: caroline.blot@fgmm.cfdt.fr
16 April
Brussels
Final seminar of the European EWC 4.0 project, on the role of European
Works Councils in terms of digitalisation, led by Astrees and IR
Share. Email: c.teissier@astrees.org
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The team This issue
was produced by Predrag
Bejakovic et Frédéric
Turlan. Find out more about the IR Share
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Lead
story
The Union is
creating its own European Labour Authority
On 14 February, the European Council and Parliament reached provisional agreement on
legislation establishing a European Labour Authority. The text still has to be
formally adopted by the Council and the Parliament before it enters into force (see
press release issued by the Council
and the Commission).
This new EU agency is intended to: 1° Facilitate access for employees and employers
to information on their rights and obligations in cross-border labour mobility
situations and access to cross-border mobility services. 2° Facilitate cooperation
and the exchange of information between national authorities to guarantee the
effective application of EU law in the areas of cross-border mobility and
coordination of social security systems. 3° Performing analyses and risk assessments
concerning aspects of cross-border mobility. 4° Helping States with capacity
building via mutual learning, training and promoting of good practices. One of the
main missions will be to co-ordinate and facilitate, at the request of States, joint
workplace and/or social security inspections and checks in order to combat social
security fraud and abuse in the areas of posting of workers and tackling undeclared
work. The ELA will provide assistance to national administrations by offering a
model for joint inspection agreements, organising coordination meetings and
providing logistic and technical support, which may include translation and
interpreting services. The social partners can report cases of fraud to the agency.
However, the right to decide on and carry out an inspection, whether national or
cross-border, will continue to lie with the States. Lastly, the Authority will be
able to act as a mediator between the authorities of different States in the event
of a dispute concerning the application of EU law, and in the initial phase, to
issue a non-binding opinion. A second stage of conciliation is then provided for.
The authority (which in fact has very little authority of its own) will have to
convince States that it serves a useful purpose because, as the Council points out,
States will only be taking part in the ELA’s activities on a voluntary basis.
> For
further details, see the Commission’s Question-and-Answers
press release, and the policy
paper published by Notre Europe (March 2018).
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1. European
Union
Legislation
Facilitating the right of free
movement: Regulation
(EU) 2016/1191 of 6 July 2016 on promoting the free movement of citizens by
simplifying the requirements for presenting certain public documents in the European
Union, came into force on 16 February. As a result, documents evidencing birth,
marriage or certificates of good conduct issued in an EU country will no longer have
to carry an authenticity stamp to be accepted as authentic by the authorities in
another Member State. The regulation also abolishes the obligation requiring
citizens in all cases to produce certified true copies and translations of these
documents (see press release
issued by the Commission).
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Draft
regulation
- Social security and Brexit:
The Council has adopted a draft regulation to protect the
social security rights of British citizens who have settled in another Member
State and of EU citizens who have settled in the United Kingdom (see press
release issued by the Council).
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Case law
Dual salary scale and age-related
discrimination: In the middle of a serious budget crisis,
Ireland adopted a new salary scale in the education field, enabling it to recruit
teachers on less advantageous terms than those applicable to teachers already
employed as such (salaries 10% lower). The new recruits had also been placed on a
lower grade of the pay scale than before. Two young teachers impacted by this
measure felt that they were victims of age-related discrimination (70% of their
colleagues recruited in 2011 were aged 25 or under). The Court of Justice noted that
they were “engaged in work comparable to that of the teachers recruited before” the
new pay scale was introduced. However, “that difference in treatment therefore
results from the date of recruitment of the respective group of teachers”.
Consequently, the new remuneration conditions “are not based on a criterion which is
inextricably or indirectly linked to the age of the teachers, so that it cannot be
considered that the new rules establish a difference of treatment on grounds of age”
(CJEU,
14 February 2019, case C-154/18, Horgan and Keegan).
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Social
update
- Alstom-Siemens: Following
the European Commission’s decision, announced on 6 February this year, to veto
the merger of the railway supply businesses of the French group Alstom and the
German group Siemens, IndustriAll Europe argues that the time has come for
“launching a debate on EU competition rules”. This, it says, should be “set high
on the EU political agenda”, because these rules “date from the last century”.
“However, revising does not mean getting rid of all rules and trade unions will
oppose any attempt at deregulation” (see IndustriAll press release).
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Sectoral
social dialogue
A slow increase in female employment in the
railway sector: The European social partners in the railway
sector have published their fifth
report on the implementation of their Joint
recommendations for a better representation and integration of women in the
railway sector. The report says that the proportion of jobs held by women
has been rising steadily for some years now. The average increase in the proportion
of women workers between 2015 and 2017 was 0.5%. The biggest increase between 2015
and 2017 was observed in the United Kingdom (Merseyrail Electric) up 3.2% (from
20.4% to 23.6%), while the lowest was in France (SNCF) up 0.3% (from 20.3% to
20.6%).
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2. Member
States
Austria
Good Friday to become a half-day public
holiday: The government has drawn up a bill enabling it to
comply with the ruling pronounced on 22 January by the EU Court of Justice (IR
Notes 112), stating that Austrian law, which grants Good Friday as a public
holiday solely to workers who claim to belong to certain Christian churches, is
against EU law. The solution adopted, which seems to satisfy nobody, is to make Good
Friday a public holiday for all workers, from 2pm onwards. Although the government
has presented this as a half-day holiday, the trade union confederation ÖGB, which
claimed that the benefit of the public holiday should be extended to all citizens,
regards this as laughable, because employees already often leave work early on
Fridays (see press
release).
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Croatia
- Strike ruled to be illegal:
On 7 February, the Supreme Court ruled that the strike at the Same Deutz
Fahr Žetelice factory, which produces 400 combine harvesters a year, was
illegal. The employees went on strike after turning down a wage increase offered
by the employer. The Court ruled that as the collective agreement was still
applicable, the employer had discharged all of its obligations. Consequently,
the employees could not legitimately take strike action.
> see
further details in the full article.
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Czech
Republic
- Abolition of the grace period:
Parliament has adopted a bill
that abolishes the three-day period of grace that has to elapse before workers
can receive sick pay. From 1 July 2019 onwards, the employer will have to pay
wage compensation to an employee who is on sick leave throughout the 14-day
period leading up to the time health insurance benefits start to be paid, and no
longer only for the period commencing between the fourth and the fourteenth day,
as was the case previously.
> For updates on matters involving legislation and
case law, see the Flash reports on Labour Law for
January
2019.
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3.
Companies
Restructuring
Social guarantees: The
facilities management group ISS (480,000 employees) and the UNI
Global Union federation have issued a joint statement aimed at safeguarding jobs
under the global divestment plan announced on 10 December 2018 by the group, which
is selling off its businesses in 13 countries, including 6 EU countries. ISS has
agreed to apply Directive 2001/23 on transfer of businesses within EU countries,
while also endeavouring to transfer the employment contracts of the employees
concerned in non-EU countries, and to avoid imposing any forced redundancies (see
UNI Global Union press
release).
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Transnational collective bargaining
- Database: On 23 January,
the European Commission announced an update of the database
established with the ILO on transnational company agreements, which contains 321
agreements signed with 164 companies, covering 9 million employees. This tool
allows searches to be carried out by theme, by company or by sector.
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4. Studies
and reports
Employment implications of the Paris Climate
Agreement: A report
published by Eurofound emphasises that the impact of the transition towards a
low-carbon economy, as provided for by the Paris Agreement, will be positive for the
EU overall, though with substantial variations from one sector of the economy to
another. The positive impact on employment is due in large measure to the
investments necessary to bring about this transition, and to the impact of the
decline in expenditure on imported fossil fuels. The countries that look set to
witness the largest rises in employment are Belgium, Spain, Germany and Greece.
Poland appears to be the only country in the EU that will experience a slightly
negative impact.
- Impacts of plastic on human health:
The European Trade Union Institute (ETUI) draws attention to
a study performed by a coalition of NGOs, led by the Center for International
Environmental Law (CIEL) (see full
report or its executive
summary), which for the first time evaluates the impacts on human health
throughout the plastic lifecycle. The study argues that “plastic is a human
health crisis hiding in plain sight” (see ETUI comment).
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5. European
elections
In this section, our aim is not to influence your vote in the forthcoming
European elections, but to inform you of initiatives seeking to open up a debate
on the future of the European Union or to put forward proposals here and now.
> In this edition, in
contrast to the initiative presented in our previous issue, which sought to open up
a debate, with the aim of finding a way out for the Union from the impasse in which
it currently finds itself, we are presenting a manifesto. Although the manifesto itself
opens up a debate, this time it also puts forward “concrete proposals, in particular
a project for a Democratization Treaty and a Budget Project” seeking to reduce
inequalities within Member States, without relying on money being taken from
‘virtuous’ countries and given to those who are less so. The manifesto has been
signed by more than 113,000 people.
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