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IR Notes 119 — 8 May 2019
www.irshare.eu
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A question for…
Rémi Boyer, HRD of the Korian group
What contribution will the creation
of a European Works Council at the Korian group make?
(v. 3.
Companies)?
This body is intended to promote social dialogue at European Union
level; to encourage the sharing of experience between countries,
which is something that employee representatives have been vocal in
demanding – and an improvement in the level of information provided
to workers within the group. The issue at stake here is that of
addressing major change-related themes that will be better dealt
with at EU level, as they will in any case apply to all countries.
We have identified two main themes, resulting in the creation of two
permanent working parties at European Works Council level: one
concerns employment, which covers training, recruitment, career
structures and mobility. The other will deal with quality of life at
work. We were the first group in our sector in France to sign an
agreement on this theme, in late 2017, and we want
to embark on thinking with a view to expanding agreements to the
rest of the Union. We would like in particular to discuss the issues
of prevention, work-related risks, a reduction in the precarious
nature of contracts and at a broader level, the quality of work.
The first meeting, due to be held in late December, will be mainly
devoted to formally appointing members, electing the select
committee and establishing the timetable of work for 2020.
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IR Notes is a
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Paulauskaite, Christer
Thörnqvist and Frédéric
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Lead story
Regional-level act passed to protect platform workers
Une loi de la région italienne du Latium pour
protéger les travailleurs des plateformes : A law aimed at
protecting workers employed by digital platforms came into force on 17 April in
Italy’s Lazio Region. This regional legislation bans piece-rate pay and entitles
platform workers to receive minimum rates of pay set by collective bargaining. It
obliges platforms to ensure they provide social security coverage, insurance for
workers against accidents at work and damage to third parties, transparency of
algorithms and pricing systems, portability of worker ratings, and coverage of
expenses linked to maintenance of working tools. A set of measures, communicated via
a website, is also envisaged, to raise workers’ awareness of their rights. The law
may prompt interesting political developments at national level, as the government
can challenge the provisions of a regional law that may be in conflict with national
legislative powers, such as those governing pay and social protection rights for
platform workers. > Find out more: Regional Law 12 April 2019, n. 4
Disposizioni per la tutela e la sicurezza dei lavoratori digitali and the report
on the “Don’t Gig Up” project led by the Fondazione G. Brodolini. The
report also makes reference to a law which was passed by the Piedmont region in
January 2019, but instead of entering into force, was referred to the Italian
Parliament for debate with a view to national legislation being adopted.
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1. European
Union
Social
update
Unemployment : In the EU, the unemployment
rate stood at 6.4% in March 2019 compared to 6.5% in February and 7% in
March 2018. This is the lowest rate since January 2000. The rates posted range from
1.9% in the Czech Republic to 18.5% in Greece. As far as the unemployment
rate by European region is concerned, the Union is split into two, with
high rates particularly affecting the countries of the South, including France.
Unemployment rates range from 1.3% to 35.1%.
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2. Member
States
Belgium
- Several collective agreements adopted :
On 23 April, the country’s National Labour Council (CNT), a
body representing the social partners, adopted several collective labour
agreements (see CNT press
release), notably regarding the increase in the level of transport costs
payable by the employers, and also changes to early retirement arrangements
(chômage avec complément d’entreprise).
> And also the law of 4 April
2019 was published, setting out the arrangements for the forthcoming
social elections due to take place from 11 to 24 May 2020.
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France
Nature of a trade union representative’s
position on the European Works Council :
The Court of Cassation has confirmed (Cass.
soc., 17 April 2019, n° 17-17.986) the validity of the representation
mandate of two members of the European Works Council of Axa who, in 2015, left their trade
union, the CFDT, during their term of office, to join another trade union, the
CFE-CGC. The CFDT’s Banking and Insurance Federation then decided to appoint new
members to the European Works Council, a move disputed by the company’s management.
Rightfully so, according to the Court of Cassation: the appeal court decided with
good reason that the mandate of a European Works Council member “is not a trade
union representation mandate, and therefore a change in the union affiliation of an
elected workforce representative appointed by a trade union does not permit this
union to terminate the representative’s term of office.”
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Luxembourg
- Additional leave :
The law of
25 April 2019 has been published. It provides firstly for an increase in
the legal minimum amount of paid leave, from 25 to 26 days per annum, and
secondly, for Europe Day, celebrated on 9 May, to be declared by law as a public
holiday. The law entered into force retroactively on 1 January 2019.
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Sweden
Dockers’ dispute comes to an end :
For the first time in 47 years, the Swedish dockers’ union has
managed, following two years of negotiations and several strikes, to establish a
national collective bargaining agreement for dockers. The employers, for their part,
preferred to negotiate with the transport union, which is affiliated to the large
central trade union LO, whereas the dockers’ union is an independent
body. > Find out more: In the interview with our expert,
Christer Thornqvist (University of Skövde), on Radio Sweden (starting at minute 12,
in English).
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3.
Companies
European
works councils
An innovative new agreement : On
29 April, the French group Korian (52,000 employees) signed
an agreement creating a European Works Council; this is a first in Europe in the
sector providing care services for the elderly and infirm. The special negotiating
body was made up of representatives of German, Belgian, Italian and French
employees. It was supported by the European trade-union federation EPSU. This
agreement adopts a wide-ranging definition of “transnational questions”, and they
include decisions “taken in a Member State which, following feedback, might be
duplicated in whole or in part in other Member States of the group”. The agreement
also provides for ad hoc and two permanent working parties to “facilitate
and deepen the work undertaken by the body”. One of them is devoted to the issues of
employment, training and skills, and the other to quality of life at work and to
health and safety. Management is also required to state the reasons why a
particular piece of information should remain confidential and vis-à-vis
which public, and for how long. The council is entitled to “challenge the
confidential status of a piece of information and to call on central management to
reconsider its position”.
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Alert procedure for monitoring a reorganisation
: At an extraordinary meeting held on 24 April, the European
Works Council of Nexans issued
a unanimously unfavourable opinion regarding the proposed reorganisation of the
business, which would lead to 939 job losses in Europe. That same day, the European
trade-union federation IndustriAll organised a day of action outside Nexans’ head
office (see press
release). The council states in the opinion that it would like to see the
introduction of an alert procedure led by employee representatives at local level,
in order to feed back to the European Works Council any problems with implementing
the reorganisation, so that meetings can be organised with management to make sure
that answers to questions are received, culminating in an action plan.
- Negotiation of a European Works Council
agreement: A demonstration was organised, on 29 April,
with the support of the European trade-union federation EFFAT, at the head
office of Coca-Cola European
Partners, calling for the rapid creation of a European
Works Council, following almost three years of negotiations (see press
release)
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Human
Resources policy
Profit-sharing : On 5 April, the
management of the Belgian chemicals group Solvay (27,000 employees) and
the Solvay Global Forum, which represents employees at global level, signed their
fifth global agreement on profit-sharing at group level. If the targets are met (80%
linked to financial criteria / 20% linked to sustainable development criteria),
employees will qualify for a share of up to 12 million euros in the company’s
profits.
- Employee share ownership:
On 29 April, the world’s second-largest producer of wines and spirits, Pernod Ricard (18,900
employees), launched its first employee share ownership plan. This involves 18
countries, i.e. 75% of the group’s workforce. (see press
release).
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Trade
unionism
- Sexual harassment :
On 14 April, the global trade-union network
set up by the international union federation IUF within the hotel group Accor, held a meeting in
Casablanca (Morocco). The participants decided to intensify their efforts to
persuade Accor to sign an agreement aimed at eliminating sexual harassment in
hotels operating under its brands (see press release).
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Company
agreement
More predictable working hours :
Following six days of strike action by 4,000 pilots in the three
Scandinavian countries – Denmark, Norway and Sweden – an agreement was signed, on 2
May, between the management of the airline SAS
and its pilots (see press
release) who were seeking both a substantial pay rise and an improvement in
their working conditions. The increase will not be as much as the pilots wanted, but
they have secured more predictable working hours. The high degree of cross-national
coordination of the negotiations facilitated the process of resolving the dispute.
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4. Studies
and reports
Future of Work :
The OCDE has published its Employment
Outlook 2019, a major report focused on the future of work. One
of the studies evaluates the proportion of jobs firstly at high risk of
automation and secondly those exposed to a high risk of change. On average, at OECD
level, 14% of jobs are at high risk of automation. They also report a significant
rise in robot sales, and forecast a tripling
of sales in 2021 compared to their 2014 level.
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