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IR Notes 125 – 11 September 2019
www.irshare.eu
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A question for…
Pierre Koelsch, Social Relations Manager, Crédit Agricole SA group
What were the main concrete
undertakings given by the Crédit agricole group in the global
framework agreement signed with Uni Global Union (see section 3.
Companies)? The agreement includes a number of key
principles that everyone must abide by and, in the words of one
employee from the negotiating team, establishes “real rights for
real people”. This applies to two major undertakings: firstly
granting 16 weeks’ maternity leave to all employees and secondly
setting up, in each group company, an action plan with specific
objectives to promote the integration of persons with disabilities.
To achieve these results, we first held discussions with the select
committee of the European Works Council, followed by meetings to
establish the process of the negotiation that took place during the
last quarter of 2018. Formal negotiations began in February 2019
with a delegation comprised of three Uni Global Union
representatives, and representatives of the alliance of group trade
unions affiliated to Uni Global Union, including the Secretary of
the European Works Council. We concluded the negotiation after seven
meetings.
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Lead
story
The global
climate strike poses difficult dilemmas
The appeal launched by FridaysForFuture, the organisation
set up the young Swedish activist Greta Thunberg, calling for a week of action
starting on 20 September, with a first-ever global “general strike” to save the
planet scheduled for 27 September, is aimed this time not only at schoolchildren and
students, but workers, too. The movement, which plans to enrol trade unions, speaks
of a ”week dedicated to the future and to social justice” and is consistent with the
support expressed by the trade unions for a ”just ecological transition”. The
movement has announced that on 27 September this month, there should be “No work. No
school. No banks.” The appeal has been taken up by the International Trade Union
Confederation (ITUC), which is calling on all governments attending the United
Nations Climate Summit scheduled for 23 September, “to establish a dialogue with
workers, so that they can incorporate a number of concrete ‘just transition’
measures into their climate action programmes.” The ITUC is asking them to sign the
commitments
to just transition put forward by the governments of Spain and Peru, with
the support of the ILO. At European level, the European Trade Union Confederation
(CES) has contributed its full support. It has written to its 90 national affiliated
bodies, calling on them to take further action to stop the climate crisis in their
own countries (see press
release). However, for national trade unions, this appeal for global
mobilisation to tackle climate change, remains a difficult issue. As yet, the TUED
initiative lists few actions actually taken by trade unions (see press
release). There are several reasons for this: 1° From a legal point of view,
workers may find it difficult to strike for climate action. In Germany, the right to
strike can be exercised only at the time collective agreements are renegotiated,
which is why the President of the Ver.di trade union has issued an appeal for its
affiliates to collectively apply for a day’s leave. In the United Kingdom, the trade
union UNISON points out that “anti-trade union laws” do not allow its branches to
take strike action, but it suggests a number of other ways to take part in the
movement (see press
release). 2° It is easier for service industries, such as those represented
by Ver.di in Germany (see press
release), than for sectors hit hard by the ecological transition, such as
energy, the car industry, etc., to act on the appeal to speed up the pace of change,
in order to meet the goals set by the Paris Agreement. This explains the
difficulties encountered by sector-specific trade-union federations in taking a
position on this issue, in countries such as Germany and Sweden (see 2. Member
States). 3° Lastly, there is no tradition in the trade union movement of mobilising
to defend a higher interest extending beyond that of employees alone, and the
pursuit of which may even be prejudicial to employees in the absence of social
justice measures. Having said that, this issue represents an opportunity to be
grasped by the trade union movement, which is ageing and in decline almost
everywhere. It would enable the movement to re-engage with the concerns of young
people and to reinvent itself. European Works Councils too, which are noticeably
silent on this subject, could enhance their legitimacy and demonstrate that they
serve a useful purpose in multinational companies, by tackling this theme.
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1. European
Union
Legislation
Transparent and predictable working conditions :
publication of Directive
(EU) 2019/1152 of 20 June 2019 on transparent and predictable working conditions
in the European Union. This text, which creates ten days’ paternity leave,
establishes ”minimum rights” that apply to every worker in the Union “who has an
employment contract or employment relationship as defined by the law, collective
agreements or practice in force in each Member State with consideration to the
case-law of the Court of Justice” (see IR Notes 112). The
directive is due to be adopted into domestic law by 1 August 2022.
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Case law
Compensation for loss of earnings resulting from
a delayed airline flight : the Court of Justice has
delivered a ruling concerning the amount of compensation payable to airline
passengers who suffer a delay (CJEU
29 July 2019, case C-354/18, Rusu (no translation in English available). Two
Romanian employees who were travelling to London in connection with their work were
denied boarding by an airline, because it had chartered a plane that did not have
enough seats to accommodate all of the passengers who were booked to fly on it.
After they were transferred to a flight that left five days later, their employer
deducted money from their wages. In addition to the fixed amount of compensation
(400 euros) provided for by Article 7, paragraph 1, sub-paragraph b), of Regulation
no. 261/2004, the two employees claimed additional compensation to cover their loss
of earnings. The airline argued that its obligation was to pay only the fixed amount
of compensation. The Court emphasises that this fixed sum of compensation is
intended “to provide standardised and immediate compensation for losses arising from
the inconvenience caused, in particular […] by being denied boarding […]”, but not
for ”personal losses (…), for which the compensation payable necessarily requires an
assessment to be made, on a case-by-case basis, of the scale of the prejudice
caused. Consequently, this can only be done after the event and on an individualised
basis”. This is the case where a passenger suffers loss of earnings, which “must be
regarded as a personal loss, inherent in the particular situation of the passengers
concerned”.
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2. Member
States
Italy
The government is introducing protective
measures for platform delivery workers : a
decree-law
governing the terms of employment of platform workers came into force on
4 September. It introduces a presumption of “hetero-organised work”, i.e. a
quasi-subordinate type of employment, designed for delivery workers employed through
digital platforms that organise the delivery of goods, set their price and determine
how the work is to be performed. Their pay can also, though not predominantly, be
based on piece-work, provided that appropriate remuneration schemes tailored to the
various ways in which the work is organised, can be introduced via collective
agreements. The new provisions ensure that delivery platform workers have guaranteed
insurance cover for accidents at work and facilitate access to social security
benefits for quasi-subordinate workers whose work patterns are discontinuous. The
new rules have not met the expectations of trade unions, which were calling for
stronger protective measures and a recognition of the role played by collective
bargaining. > To find out more about
political and trade-union initiatives concerning platform work, follow the Don’t Gig
Up project: www.dontgigup.eu
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Sweden
Will there be a “Greta strike”? :
The Swedish environmental activist, Greta Thunberg, who is 16
years old, has urged the Swedish trade unions to join forces with “FridaysForFuture” at a
demonstration demanding climate action, to be held on 27 September (see Lead story).
“It’s now up to adults to continue what we, the children, have started”, says Greta.
However, Sweden’s three main trade union confederations, LO, TCO and Saco, are
sceptical about using the strike weapon for this purpose. These confederations
emphasise that political strikes are very rare in Sweden, that they do not form part
of the Swedish industrial relations system and that trade unions employ other
channels to influence the political system. Instead, these confederations say they
are prepared to organise joint meetings with FridaysForFuture. Nevertheless, the SAC
trade union has expressed interest in the demonstration, and the electricians’ trade
union affiliated to LO has announced that it would like to take part on 27 September
in some way, though without striking.
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3.
Companies
European
works councils
New agreement following a merger :
On 25 April, the management of the TechnipFMC group (14,436
employees), which came into being following the merger between Technip and FMC
Technologies in 2017, signed an agreement
to create a European Works Council. The agreement provides for consultation
of the European Works Council in the event of a project that “impacts significantly”
on workers’ interests and affects “at least 50 workers within a Member State with
fewer than 100 workers or at least 15% of workers within a Member State with more
than 100 workers, with an absolute minimum of 50”. It states that “the impact of
each project undertaken by the group or by a group company must be looked at in
isolation”. This means that the impact of several small projects executed for
different reasons, whose impact when considered in isolation lies below the
abovementioned threshold, will not be treated cumulatively”. Moreover, “the closure
of companies in more than one Member State will always be deemed to have a
significant impact”.
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New agreement following a disposal :
On 20 March, the management of the travel company American Express Global Business
Travel (16,000 employees), created through the sale of the
travel division of American Express, signed a revised
European Works Council Agreement, governed by English law. A surprising
clause in this agreement stipulates that no European Works Council member shall
spend more than 10% of their working time on the activities of local and European
Works Councils. The European Works Council has annual budgets of 10,000 euros
earmarked for training and 15,000 euros to be spent on expert advice.
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Dispute relating to the right to be informed and
consulted : In a judgment,
the UK’s Employment Appeal Tribunal confirmed the position taken by the
Central Arbitration Committee (CAC) – which, in the United Kingdom is responsible
for dealing with disputes relating to European Works Councils – in a case brought by
the Oracle European Works
Council against the group’s management concerning a failure to inform and consult
the Council. In the absence of an agreement establishing Oracle’s European Works
Council, the Court relied on the British texts transposing the 1994 and 2009
directives. Like the CAC, it believes that the employer should not have to wait for
the European Works Council to pronounce its opinion on a project involving
exceptional circumstances, before reaching and implementing its decision.
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Transnational agreements
Digitalisation and protection of personal data :
On 31 July, the French bank Crédit agricole (75,000
employees) signed a global
framework agreement with the Uni Global Union federation. This agreement
relates to human rights, fundamental employment rights and the development of social
dialogue (see
press release). According to Uni Global Union, this is the first framework
agreement in this sector to devote a chapter to digitalisation (see press
release). The group “is committed to using the possibilities offered by new
technologies to improve working conditions, in particular by eliminating repetitive
tasks and/or those with low added value and by striving to strike a better balance
between work and personal life”. In association with its workforce representatives,
the group “is also committed to mitigating the potential negative impacts of these
new technologies”. With effect from 1 January 2021, the group is also introducing
sixteen weeks’ paid maternity leave. The introduction of measures such as adoption
leave or paternity leave is encouraged.
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Workplace gender equality and combatting
domestic violence : On 17 July, the management of the
telecoms operator Orange
(149,000 employees) and the Uni Global Union federation signed a global
agreement on workplace gender equality, concerning pay in particular. The
agreement follows on from two other worldwide agreements on fundamental
rights, dating from 2006, and on health
and safety, dating from 2014. The agreement is based on ”an inclusive
approach involving all stakeholders”, which allows “local reviews” to be drawn up
and “action plans to be defined” as part of a ”structured social dialogue”. It
covers the themes of gender equality in the workplace, combatting discrimination and
violence, and work-life balance. The application of the agreement involves setting
up ad hoc committees in each subsidiary company, with equal representation
of management and unions. These committees will meet at least once a year. The
agreement offers a practical application of the recent ILO Violence and Harassment
Convention: ”Regarding domestic violence, Orange agrees to offer both male and
female employees who are victims of domestic violence, and who request it, support
adapted to their situation”, such as relocation, special work time arrangements or
emergency accommodation assistance (see press
release issued by Uni Global Union and Orange).
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4. Studies
and reports
A new survey on European Works
Councils: At the International Labour and Employment
Relations Association (ILERA) conference held in Düsseldorf from 5 to 7 September,
Stan de Spiegelaere, a researcher at the European Trade Union Institute (ETUI)
presented the initial results of a new study of European Works Councils. An initial
version of the results is due to be published in November. One of the aims of the
study is to reach a better understanding of European Works Council members and how
they exercise their mandate. The study is based on responses submitted by 1635
council members, representing a total of 365 European Works Councils. It appears
that 81.5% of these council members are men. The average age of members is 51 and
84% of them are affiliated to a trade union. Compared to the initial study in 2008,
the proportion of European Works Councils that meet twice yearly has risen from 32%
to 42%, making it possible to measure one of the few impacts of the revised 2009
directive. 21% of members say that the European Works Council is consulted before a
decision is taken. 43% of members say their council is consulted before measures are
implemented, while 22% believe that it is consulted during the implementation
process and 10% afterwards. 22.5% of members believe that they can influence
decisions taken by the employer.
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