|
| |
IR Notes 117 – 10 April 2019
www.irshare.eu
|
|
|
| |
| |
A question for…
Thiébaut Weber, confederal secretary of the European Trade Union
Confederation
The
European Commission has published the report of the High-Level Expert
Group on Artificial
Intelligence
on Ethics Guidelines for achieving Trustworthy AI (see p. 4). Are you satisfied with the
content? I’m both judge and jury, as I was the only
workers’ representative in this high-level expert group. Not many of
us in the group represented workers, citizens and consumers, but we
still made our voices heard, even though the debates were sometimes
lively. This report is important, because it unambiguously calls on
the social partners to discuss how AI may impact the future of work.
I also made sure that the report commented on the need for workers
to be informed and consulted and to participate in the process of
introducing tools that use AI in the workplace. It also points out
that in order to guarantee trustworthy AI, we need to involve all
stakeholders, including workers’ representatives. The report
proposes an AI assessment tool for practitioners who are developing
or using tools, and clearly states that workers and their
representatives must take part in the evaluation process associated
with its implementation, and looking at how AI can change the nature
of work. Lastly, I fought hard for the inclusion of a clear
reference to ensuring that whistle-blowers, employees and trade
union officials who report malevolent use of AI can enjoy
protection. The text constitutes an interesting basis to work on,
but the Commission will not be able to make do with adopting a
wait-and-see position for long. It will need to take action as soon
as it has evaluated the application of the recommendations
formulated in the report, and especially in the fields of
discrimination – as AI can introduce new ways of making
discrimination possible – and of health and safety at work, with for
instance the question of exposure to AI and to the stress that it
can give rise to. > see also the press releases issued by the European
Commission and the European
Trade Union Confederation, also
a tweet
by BusinessEurope).
|
|
|
 |
| |
Diary
16 April
Cachan (France)
Seminar organised by IDHE.S at ENS Paris-Saclay, “Réguler
le travail et l’emploi en Europe après la crise – Perspectives
comparatives [Regulating work and employment in Europe after the
crisis – Comparative perspectives] (Germany, Greece, Ireland,
Portugal, Spain, Romania, Italy, the United Kingdom, Slovakia)”,
with Aristea Koukiadaki , Senior Lecturer in Employment Law, School of
Law, University of Manchester, Visiting Professor at ENS Paris-Saclay
and Fausta Guarriello, Professore Ordinario di Diritto del lavoro,
Università G. D’Annunzio di Chieti-Pescara.
11
April Brussels ILO Round
Table on “The Future of Work in Europe” at the European Parliament, from
18.00 to 19.00, with European Commission Vice-President Frans
Timmermans, the European social partners and the European Youth Forum
(follow it live on https://www.ilo.org/100/tour/en/.)
15 to 17
April Geneva
International Conference on the occasion of the centenary celebration of
the International Labour Organization entitled “ILO100:
Law for Social Justice” EN.
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
13
June Dublin Eurofound
organises a webinar
to discuss its latest research findings on the growing number of
ICT-based mobile workers.
13 and 14 June
Brussels
Meeting of the Employment
and Social Policy Council.
28 June Brussels
Conference of the European Cleaning and Facility Services Industry on
the sector’s future, with roundtables on social innovation,
digitalisation and the circular economy (see programme
and practical
information)
|
|
|
 |
| |
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 Francisco
Gomez Abelleira 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
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
|
|
|
 |
|
|
|
Lead
story
Spain
strengthens its gender-equality legislation
On 4 April, the Spanish Parliament definitively adopted the measures approved by the
government a few weeks ago, establishing parental leave and extending the obligation
to put gender-equality plans in place in companies with 50 or more employees. 1/
Paid maternity/paternity leave is being replaced by a new individual entitlement to
“paid leave for the birth of a baby”. There is equal leave for each parent (16
weeks) and it is not transferable from one parent to the other. During this leave,
the parents will receive an allowance paid at a level similar to their current
wage/salary (capped at 4,070.10 euros per month). The biological mother and the
father (or the other parent) must take the six weeks immediately following the
birth, as part of this leave. The aim is to achieve a more egalitarian division of
parental responsibilities between men and women. The previous allowance of 5 weeks’
paternity leave was raised to 8 weeks on 1 April this year, and it is set to rise
further, i.e. to 12 weeks on 1 January 2020 and subsequently to 16 weeks on
1 January 2021. 2/ Since 2007, companies with more than 250 employees have been
bound by an obligation to negotiate and implement a “Plan for Equality”, which
contains a number of measures to combat sex discrimination and to promote equality
between men and women. The obligation is now being progressively extended to
encompass companies with more than 50 employees. In one year’s time, the measure
will apply to companies with between 250 and 150 employees, then in two years’ time
to those with between 150 and 100 employees, and finally, in three years’ time, to
companies with 50 to 100 employees. A new public register is being created, in which
all gender-equality plans must be recorded. 3/ The new law contains several measures
to combat the gender pay gap. For example, every company with 50 or more employees
will have to perform a “pay audit” in which it will examine the earnings situation
of its male and female employees, and the reasons for any gender pay gap. If the gap
is greater than 25%, the company will have to justify the difference. In addition,
all companies will have to keep a register of the wages and salaries it actually
pays for the various categories of its employees and their jobs, and employee
representatives will be entitled to have to access to this register. 4/ Lastly, a
new right is being established, to request flexible working arrangements, including
teleworking. The employer will have to discuss the matter with an employee who
submits such a request, and if applicable, will have to justify any decision to
reject it.
|
1. European
Union
Legislation
Work-life balance : On 4 April,
by a large majority (490 for, 82 against, 48 abstentions), Parliament definitively
adopted the Directive
on work-life balance for parents and carers and repealing Directive 2010/18/EU
on parental leave. In particular, this directive provides for a minimum
paternity leave of 10 working days, remunerated at the same level as sick pay; two
months of non-transferable paid parental leave; five days of annual carer’s leave to
provide personal care or support to a relative and the right to request flexible
working arrangements (see IR Notes no. 112).
Following publication in the OJEU, the directive will have to be transposed into
domestic law within three years (see press
release issued by Parliament). > To find out more: a
presentation by the European Parliamentary Research Service on the process
of adopting the directive and on a
survey relating to maternity and paternity leave in the EU.
|
Project
Social legislation in the area of road transport
: On 4 April, despite strong differences of
opinion in this area, Parliament adopted three resolutions on working conditions in
the road transport sector: 1/ on enforcement requirements and specific
rules for posting drivers in the road transport sector. For example, MEPs
want posting rules to apply to cabotage and to cross-border transport operations,
excluding transit, bilateral operations and bilateral operations with an additional
activity of loading and/or unloading in each direction (or none on the outward
journey and two on the return journey). 2/ on minimum
requirements relating to maximum daily and weekly driving times, minimum breaks
and daily and weekly rest periods, and on geographical monitoring of vehicles
using tachographs. One of these measures seeks
to impose a requirement on employers to allow their drivers to take their
break at home at least once every four weeks. 3/ on adapting
to developments in the road transport sector, which stipulates in particular
that in order to combat the use of so-called ‘letterbox companies’, road transport
companies should have significant business activities in the State in which they are
registered. These texts represent the negotiating position adopted by Parliament
during the discussions with the Council (see press release issued by Parliament),
which look set to be complicated, with a low likelihood of reaching agreement.
|
2. Member
States
Spain
- Breakdown of working hours :
pursuant to the recent opinion
pronounced by the Attorney General (C-55/18), the law passed by Parliament on 4
April (see Lead story) stipulates that all companies will be required to keep a
register of the hours actually worked by their employees.
|
France
Employees exposed to asbestos :
On 5 April, the Court of Cassation, which is
the country’s highest civil court, delivered a ruling
overturning its previous case law and recognising the right of an employee who can
demonstrate exposure to asbestos giving rise to a high risk of developing a serious
pathology, to take action against their employer, seeking compensation for the
prejudice they have suffered in terms of anxiety. This action is based on the
employer’s obligation under ordinary law to provide a safe working environment. The
court must establish the prejudice suffered by the employee personally, resulting
from a high risk of developing a serious pathology. Prior to this decision, only
employees who met certain specific criteria and/or worked for companies appearing on
a list established by law, could hope to secure compensation (see explanatory
note issued by the Court of Cassation).
|
3.
Companies
European
works councils
Negotiations deadlocked :
On 1 April, the special negotiating body set up
nearly three years ago to negotiate a European Works Council agreement within the
bottling company Coca-Cola European
Partners (23,500 employees in 13 European Economic Area
countries), adopted a statement
denouncing the company’s management, which is offering an “agreement that is below
the provisions of the applicable legal framework”. The negotiators believe that
Coca-Cola is not “up to the image it wishes to give to all its consumers, employees
and shareholders” (see EFFAT press
release).
|
Irregularities with the functioning of the
European Works Council : employee representatives of the
Irish building materials group Cement
Roadstone Holdings (CRH) met on 26 and 27 March to discuss
the state of social dialogue within the group at local and European level. The
participants adopted a statement
denouncing the irregularities apparent in the functioning of the
European Works Council. In particular, they express doubts about the quality of the
signatories of an amendment to the European Works Council agreement, stating that
the text was signed without adequate consultations and without the approval of
either the employee representatives on the European Works Council or the trade
unions (see press release issued by the EFBWW and
IndustriAll).
- Functioning of a SNB: the
Italian producer of tissue paper Sofidel (6,116 employees in
13 countries) has refused to arrange a physical meeting for the members of a
special negotiating body (SNB) set up at the trade unions’ request for the
purpose of establishing a European Works Council. The Court of Appeal of Lucca,
in Italy, found in favour of the employer, which planned to bring the
negotiators together via a videoconference. The court ruled that there was
nothing in the directive that excluded using this method.
- Brexit: At a meeting of
the select committee of the Axa group’s European Works Council (GEWC) held on
13 March, the management of the insurance group Axa confirmed that the
British delegation will continue as a GEWC member for the rest of the current
term.
|
4. Studies
and reports
- Job vacancies and unemployment :
Eurostat has published statistics on unemployment
rates in February, as well as on trends
in labour costs and job
vacancy rates for the last quarter of 2018. Particularly worthy of note
are the unemployment rate in the Czech Republic, which has fallen to below 2%,
and significant rises in labour costs, amounting to more than 10% in some new
Member States (Latvia, Lithuania, Romania) and Portugal.
|
|
|