IR Notes

At the meeting of the EU Employment and Social Affairs Council held on 13 June, the Twenty-Eight definitively adopted several texts relating to the term of the Juncker Commission and of the European Parliament and translating several principles of the European Pillar of Social Rights, as proclaimed in 2017, into genuine rights for workers: 1° the Directive on transparent and predictable working conditions in the European Union (see Council press release) and IR Notes no. 113 for further details) ; 2° the Directive on work-life balance for parents and carers repealing Directive 2010/18 on parental leave (see Council press release and IR Notes no. 112 for further details). The Council also definitively adopted the regulation establishing the European Labour Authority (see press release issued by the Commission) and chose to locate its head office in Bratislava (Slovakia) (see press release issued by the Council and IR Notes no. 114). In the meantime, it will start work in Brussels in October. The Twenty-Eight also adopted (non-binding) conclusions on ”The changing world of work: reflections on new forms of work and implications for the safety and health of workers“. These conclusions focus on occupational safety and health issues linked to digitalisation, robotisation, use of artificial intelligence and development of the digital platform economy (see press release). They also approved conclusions entitled “Closing the Gender Pay Gap: Key Policies and Measures” (see press release). The text proposes a number of different avenues and initiatives whereby Member States and the social partners, at all levels, can reduce wage differentials and improve everyone’s work-life balance.

• Pensions: On 14 June, the Member States definitively adopted regulations relating to an individual pan-European pension product (see press release). This text creates a new type of product providing a universal savings option at EU level, and supplementing the existing individual public, occupational and national pension schemes.


• Training of ski monitors and seafarers: publication in the OJEU of Delegated Regulation 2019/907 of 14 March 2019 establishing a Common Training Test for ski instructors and adoption by the Council, on 6 June, of the Directive amending Directive 2008/106 on the minimum level of training of seafarers which provides for simpler rules for training of seafarers and for the issuing of seafarers’ certificates (see press release).

Centenary of the International Labour Organization (ILO) : the 108th Session of the International Labour Conference (CIT), taking place from 10 to 21 June, is expected to issue a declaration based on the recommendations of the Global Commission on the Future of Work (see IR Notes 112), which called for the disastrous effects of global inequalities to be remedied. The conference is also expected to adopt a convention on workplace bullying, accompanied by a recommendation.

• Country-specific recommendations: On 5 June, the European Commission presented the 2019 country-specific recommendations giving economic policy guidance to all EU Member States for the next 12 to 18 months (see press release). These recommendations give guidance on the reforms to be followed within the framework of a coordinated approach to European economic policy.


• Reducing inequalities: for the first time, the members of the G7, represented by their Employment Ministers, adopted a Tripartite Declaration in favour of reducing social inequalities. The G7 members and the international social partners (IOE, ITUC,  TUAC  and  BIAC) believe that “acting  together is crucial  for  tackling inequalities, promoting decent work, including fair and decent wages, and hence, achieving more inclusive growth, shared prosperity and fair globalization”. (see press release issued by the Social G7).

Fate of leave granted beyond four weeks annual leave : On 4 June, the Advocate-General delivered his conclusions regarding two Finnish cases that may have significant practical consequences for the application of EU Court of Justice case law regarding the possibility of carrying over any annual leave days not taken for reasons of sickness during an employee’s four weeks of paid annual leave (CJEU, concl., 4 June 2019, case C 609/17 and C 610/17, TSN and AKT). The Court of Justice usually follows these conclusions when it delivers its ruling (which will be in several months’ time). The distinctive feature of these cases is that the overlap between paid annual leave days and sick leave days concerns a period extending beyond the minimum term of four weeks of paid annual leave, as provided for in Article 7, paragraph 1, of Directive 2003/88. Does the carrying over rule established by the Court of Justice also apply to paid leave exceeding the minimum term of four weeks? The Advocate-General believes that this article and Article 31, paragraph 2, of the Charter of Fundamental Social Rights “must be interpreted as meaning that they do not preclude national legislation or collective agreements, such as those at issue in the main proceedings, from which it follows that days of paid annual leave beyond a period of four weeks cannot be carried over when they overlap with days of sick leave.”

Air quality within work premises : a Royal Decree dated 2 May 2019 has amended the Well-Being at Work Code [Code du bien-être au travail] as regards indoor air quality within work premises. To combat sources of pollution, the employer is now required to conduct a risk analysis of indoor air quality (see press release).

• Parental leave: a Royal Decree dated 5 May 2019 introduces greater flexibility into the taking of certain types of leave, but the employer’s consent will still be required:  1° taking parental leave on the basis of one half-day per week or one full day every two weeks; 2° splitting full-time parental leave into separate weeks; 3° splitting half-time parental leave into separate months. Moreover, leave granted for the purpose of receiving full-time medical assistance can be taken as a period of one, two or three weeks (see press release).

Maternity leave: : pursuant to a decree of 27 May 2019, self-employed women are now entitled to receive 112 days of paid maternity leave, compared to the previous figure of 74 days. Self-employed women are now eligible for the same amount of paid maternity leave as employees.

• Posting of workers: a decree dated 4 June 2019 establishing various provisions relating to posting of workers and to boosting efforts to combat illegal employment practices, specifies how the posting of workers in France will operate and provides for a number of adjustments intended to control and punish illegal employment practices. This text is accompanied by a ruling dated 4 June establishing a list of activities for which an employer established outside France is not required to issue a prior declaration of posting or to appoint a company representative in France.

IVF treatment : order no. 26/2019 has introduced a new type of leave for female employees who are undergoing IVF treatment. They will benefit from an additional three days’ paid annual leave for rest and recuperation, granted as follows: one day at the time of ovarian puncture and two days following the date of embryo transfer.

Restructuring : On 3 June, the members of the European Works Council of the Air Liquide group met in Frankfurt and issued a declaration concerning the company’s proposed restructuring of its financial activities linked to its European industries. The plan would involve creating a shared services centre based in Lisbon to host the company’s financial activities. The restructuring will affect 500 employees and involve 85 job losses in 11 countries. The European Works Council has secured management’s agreement to set up a monitoring committee to oversee the implementation of the project (see CGT press releases and, below the press release, the declaration issued by the European Works Council, in French and English).

• New council established: the American group DentsplySirona (8,000 employees in Europe), which manufactures dental implants and prostheses, has established a European Works Council. The first meeting, held in early June at Hanau (Germany), discussed a proposed restructuring that would cut the company’s global workforce by between 6 and 8% (see IG Metall press release).


• Brexit: On 12 April, the European Works Council of the aerospace group Safran issued a declaration on behalf of its 4,000 employees in the United Kingdom, calling for the British delegation to remain a member of the Council “in the event of a Hard Brexit”. The Council is concerned that management will “continue to turn a deaf ear to this request”, in a way that is “completely at odds with the decision taken by most other major industrial groups in the aerospace industry”.

Renegotiation : On 28 May, the management of the aerospace group Safran and the negotiating body comprised of the European trade-union federation IndustriAll Europe, held an initial meeting to renegotiate the European agreement on developing skills and career paths signed in 2015.