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IR Notes 150 – 21 October 2020
www.irshare.eu
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A question for…
Adrien Thomas, researcher at the Luxembourg Institute of Socio-Economic
Research (LISER),
In your study published in the
European Journal of Industrial
Relations (*), you show that European
trade unions have varying attitudes towards climate issues.
Where do the main fault lines lie? Do they correspond to
different countries? Or to different sectors of activity? Can a
shared narrative be reached on this
issue? It’s
true that the European Trade Union Confederation and a number of
national trade-union confederations are adopting positions
supporting a rapid decarbonisation of the economy. However, at
sectoral and company level, trade unions’ strategies are more
diverse. In our study, we identified three main categories of
trade-union strategy for tackling decarbonisation: firstly a small
minority that opposes policies designed to cut emissions; secondly,
“hedging” strategies that are in essence ambiguous, and appear to
pursue conflicting goals; and lastly, proactive support for
ambitious decarbonisation policies. For the moment, the hedging
strategy seems to be the commonest one: trade unions recognise the
merits of climate policies, but they advocate taking gradual steps
and are playing jobs off against the environment, often in
conjunction with the employers. The European steel industry trade
unions used this type of strategy at the time of the last reform of
the EU’s emission trading system, as did the car industry unions
when new CO2 vehicle emission standards were discussed. Sectoral
interests and a desire to preserve union members’ jobs play a
dominant role. Nevertheless, trade unions’ own ideological
identities also play an important role here. Thus we find that trade
unions which are in the habit of working with NGOs and whose notion
of trade-union action isn’t limited solely to employment and pay-
related issues, are more inclined to take the climate emergency into
account when drawing up their strategies.
(*) Trade
union strategies on climate change mitigation: Between opposition,
hedging and support
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European Industrial Relations Dictionary
In case reading IR Notes inspires you to explore this subject further, we
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Lead
story
A call for
social dialogue procedures to be followed when companies undertake
restructurings
At the Employment and Social Affairs Council meeting on 12 October, EU Ministers of
Labour declared that it was “very important to ensure workers’ involvement in
company decision-making, notably in cases such as company reorganizations, closures,
mergers and acquisitions, downsizing, outsourcing, and relocations”, (see Council press
release). Under pressure from the European trade union movement (see press
release issued by the European Trade Union Confederation – ETUC), the
European Commissioner for Jobs and Social Rights, Nicolas Schmit, secured a debate
on worker participation and support for workers in restructuring (see Restructuring). The press
release states that ministers “insisted that the pandemic should not serve as an
excuse to cut workers’ rights on information and consultation”. They stressed “that
it was crucial for the economic recovery and successful restructurings to ensure
inclusive social dialogue at all levels.” During the debate, the participants
highlighted the important role of EU funds, such as the European Globalisation
Adjustment Fund, in addressing the adverse effects of the social impact of
restructuring. At the press
conference, Nicolas Schmit confirmed that “major restructuring” were
necessary, with a view to tackling not only the Covid-19 crisis, but also the
transitions to a green economy and to digitalisation. Nicolas Schmit’s opinion is
that the answer lies mainly in training, which will enable workers to acquire new
skills and change careers. He also acknowledged that the 2002 Information and
Consultation Directive “was not always being complied with”, insofar as employees
were not “being informed in advance” of restructuring announcements made. “This
practice is in breach of EU law”. He “called on companies” to adhere to social
dialogue procedures, which are “vital” for “tackling these issues together”. While
these declarations of principle are welcome, no concrete measures emerged, either in
terms of revising the existing legislation, or of plans to promote anticipation of
company restructurings. To keep up the pressure, the ETUC has launched a petition
calling for more democracy at work (see press
release).
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1. European
Union
Summary of
the meeting of the Council of European Ministers of Labour, held on 12 October
Gender equality in the labour market:
A debate was held on this topic but it did not result in any concrete
measures being taken (see Equality between women and men
; Gender equality). Several
ministers expressed their support for the directive announced in the area of pay
transparency. The European Commissioner for Equality, Helena Dalli, plans to resume
discussions on the proposal for a directive to increase the level of women’s
participation on company boards. “Unless binding provisions are introduced, things
won’t change”, she emphasised. “Quotas work”, she added, stressing that the
proportion of women on company boards had risen by 27% in Member States that had
legislated in this area, compared to a rise of 2.9% in those that had not. Franziska
Giffey, the German Minister for Family Affairs, Senior Citizens, Women and Youth,
acknowledged that governments, including her own, were divided on this issue, and
that it would probably continue to be dealt with at national level. The European
Commissioner also emphasised the importance of rapid implementation of the Work-Life
Balance Directive and the adoption of a rule imposing total pay transparency across
all companies.
- Protecting seasonal workers:
The Ministers of Labour adopted conclusions
“for improving the protection of seasonal workers in the EU” who are
often exposed to “adverse working and living conditions and the risk of
exploitation” (see Seasonal worker). They
must be provided with sufficient information regarding their rights and
obligations, in a language they can understand. The Council invites the
European Commission to conduct a study on intra-EU seasonal work and identify
the main challenges faced, including, where possible, during the COVID-19
pandemic, to assess the areas where the protection of seasonal workers should be
enhanced (see Council press
release). Hubertus Heil, the German Minister of Labour, expressed his
“shame” regarding workers employed in abattoirs and butchers’ premises, where
they have to put up with “appalling working conditions”. “We cannot allow
ourselves to have second-class workers”, he added, calling on the European
Labour Authority to boost cooperation between Member States.
- Guaranteeing a minimum
wage: TThe ministers adopted unanimous conclusions on
“Strengthening
Minimum Income Protection to Combat Poverty and Social Exclusion in the
COVID-19 Pandemic and Beyond” (see Basic income). The text
acknowledges the “stabilising effect for the economy as a whole” of minimum
incomes. These schemes help “peoples’ inclusion in employment and society”.
Member States and the Commission must collaborate in order to apply the
principle of the European Pillar of Social Rights, whereby everyone lacking
sufficient resources has the right to adequate minimum income benefits ensuring
dignity at all stages of life (see Council
press release). Hubertus Heil called on Nicolas Schmit to put forward “a
plan to combat poverty” which, he said, “I hope will contain concrete
proposals”.
- Guarantee for youth:
Ministers reached unanimous agreement on the renewal of the guarantee for youth
(see Youth Guarantee), and
raised the age limit for beneficiaries from 24 to 29 years.
- Other matters: Speaking on
behalf of the German Presidency of the EU, Hubertus Heil stated that he had “a
huge amount of work to get through”. He announced that work would continue on a
European framework for the minimum wage, with the support of the Portuguese
Presidency that will take over from Germany on 1 January 2021. Ministers will
also seek a solution at EU level, concerning the responsibility of European
companies across the entire supply chain to commit to respecting human rights.
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Social
update
A recommendation for free movement :
On 13 October, the Council adopted a recommendation
on a coordinated approach to the restrictions of free movement in response
to the COVID-19 pandemic. This recommendation aims to avoid fragmentation and
disruption, and to increase transparency and predictability for citizens and
businesses (see press
release. The Commission welcomed this adoption and pointed out that it had
published the Re-open-EU website to keep Europe’s
citizens informed about conditions governing entry into the Union’s various
countries. “Any measures restricting free movement to protect public health must be
proportionate and non-discriminatory, and must be lifted as soon as the
epidemiological situation allows.”
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Musculoskeletal disorders : On
12 October, at Bilbao, the European Agency for Safety and Health at Work (EU-OSHA)
launched its 2020-2022 campaign “Healthy Workplaces Campaign: Lighten the Load”,
which is focused on work-related musculoskeletal disorders (MSDs) (see press
release).
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Case law
A limit on the number of successive temporary
work assignments : For the first time, the Court of Justice
has interpreted Article 5, paragraph 5 of Directive
2008/104 on temporary agency work (see Temporary agency work) , which
requires Member States to take measures “with a view to preventing misuse” of
temporary work assignments “and, in particular, to preventing successive assignments
designed to circumvent the provisions of this Directive.” The case concerns an
Italian agency worker who was assigned to a user undertaking between 3 March 2014
and 30 November 2016, under several successive temporary work contracts (eight in
total) and various extensions thereof (seventeen in total). He took his case to
court to apply for this employment relationship to be reclassified as a permanent
contract. The court in question considered whether Italian law, which allows
successive contracts of employment to be signed for temporary work,
was compatible with the Directive. The Court of Justice held that a Member State is
1/ neither obliged to limit “the number of successive assignments that the same
temporary agency worker may carry out at the same user undertaking” ; 2/ nor is it
obliged to “make the lawfulness of the use of temporary agency work subject to the
prerequisite that it must be justified by technical, production, organisation or
replacement-related reasons”. On the other hand, a Member State must take measures
“to preserve the temporary nature of temporary agency work” in order “to prevent
successive assignments of the same temporary agency worker to the same user
undertaking in order to circumvent the provisions of Directive 2008/104 as a whole”.
In its ruling, it sets out a number of criteria for identifying intent to circumvent
the Directive. Member States are asked to check whether their legislation prevents
circumvention of the provisions of the Directive (CJEU,
14 October 2020, case C-681/18, J.H).
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2. Member
States
Spain
Agreement on the right to disconnect: :
On 1 October, the trade-union federations CC.OO, FINE and UGT,
in conjunction with the employers’ organisation CECA, signed the national collective
agreement for savings banks (60,000 employees), which oversees teleworking and
includes a right to disconnect (see Right to switch off). This is
the first time that a national sector-wide agreement has included the right to
disconnect at the end of an employee’s fixed working day. A period of disconnection
is compulsory between 19.00 and 8.00. Moreover, any meetings held outside the normal
working day must finish by 19.00. As far as teleworking is concerned, employees who
spend more than 30% of their working hours engaged in this, will be entitled to a
computer, a mobile phone and an ergonomic chair provided by their company. They will
also receive an office equipment bonus of up to 130 euros, plus 55 euros per month
to cover other overheads, pro rata to their working hours. Those who
telework for less than 30% of the time will receive a computer and a mobile phone,
and will be able to telework from a location of their choice (see press release
issued by CC.OO and UNI
Global Union). > Note: the text also includes
paid leave for gender-based
violence for up to three months.
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Germany
- Integration of disabled workers :
The Federal Association of Chemical Industry Employers
(BAVC) and the IG BCE trade union have signed the first branch-level agreement
in Germany on inclusion of disabled workers at company level (see IG BCE
press release).
>
Further national information is available in
the (July-August
and September
2020) editions of the Collective Bargaining newsletter published by the
European Trade Union Institute, and in the June,
July
and August
2020 editions of Flash reports on Labour Law, published by the
European Commission.
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3.
Companies
European
Works Councils
Resources boosted : On 16 July,
the agreement on the EWC of the Mobivia Driver
Services group was revised, by means of unanimous agreement
among members of the special negotiating body. The group has 21,300 employees in
Europe, who are primarily employed at the A.T.U., Norauto and Midas car care
centres. At its first meeting, on 7 October, the council appointed the five members
of its executive committee, which will meet “as often as necessary and in any case,
at least once every three months”. The agreement boosts the resources granted to the
European Works Council. “We’re moving from one annual plenary meeting to four a
year”, emphasises its deputy secretary, Alain Monpeurt (CFE-CGC). The council is
consulted upstream of any projects that are transnational in scope, before these
matters are referred to representation bodies at national level. The agreement
states that “When the local works council is consulted, it shall be informed about
the outcome of the European Works Council consultation”. The agreement does not
provide for a budget but the company will refund various types of expenditure. It
includes a clause of a type rarely encountered, which stipulates that “management
will pay any necessary costs linked to legal advice sought by members of the EWC
executive committee within the framework of their EWC duties, after management has
approved an estimate of the cost of this advice”. The EWC is entitled to commission
an annual analysis report on the company’s accounts and, from time to time, it may
also seek assistance linked to specific procedures or particular topics.
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Ethical charter :
The management of Air France-KLM and its group
European Works Council have redefined “the values and fundamental rights which
underpin the identity of the companies within the Group, and guide their social and
ethics policy”. They have adopted a document entitled “Air
France – KLM Principles”, which replaces the Social
Rights and Ethics Charter published in July 2013. In terms of ethics, the
text provides a checklist of five “hypothetical questions” designed to guide each
employee’s decision-making process, e.g. “Would I be comfortable explaining this
action to my family, friends, and coworkers?”. If the employee replies “No” to any
of these questions, they are asked to seek guidance from their colleagues and
manager. The text also offers a mechanism for reporting possible breaches of these
principles, through to a whistleblowing procedure. The principle of “zero tolerance
for any form of harassment, whether of a sexual, verbal, physical, or psychological
nature” is added to the text of the 2013 charter. In terms of digitalisation, it
encourages employees to “exchange ideas on topics including integrating diversity in
the design process and considering the environmental impact of our information
systems”.
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Grouping together IT services: :
The select committee of the Generali EWC held an
extraordinary meeting on 2 October to discuss the GOSPEL project, whose objective is
to create a new company designed to harmonise IT infrastructures and speed up the
digital transformation. Following the meeting, the council published a press
release for all group employees, to explain the project to them. This is an
example of good practice, as set out in Article 10 para. 2 of Directive
2009/38/EC, which invites the members of a European Works Council to inform
the representatives of the employees at local level or the workforce as a whole “of
the content and outcome of the information and consultation procedure”. The
procedure is ongoing.
> See
also: – Press
release distributed by the Verizon EWC, informing the
group’s employees of the tribunal’s ruling against Verizon management for breaching
the legal requirement to consult the EWC; – Statement
issued by the Veolia European
group council, following its extraordinary meeting on 30 September 2020, held to
discuss the purchase of Engie’s shares in the Suez group, with a view to
taking control of the company.
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European
company
Ruling out compulsory redundancies :
After ten meetings of the Airbus SE works council (the
SE-WC), the latter issued an opinion
on 5 October, on the “Odyssey” project (see IR Notes 149). This
plan, which provides for almost 15,000 job losses, was drawn up to address the
consequences of the Covid-19 pandemic. On the basis of two specially commissioned
reports, the council calls on the company to “freeze industrial transfers, and even
re-insource some skills and industrial activities currently located outside Europe”.
If this is not done, “the SE-WC fears that some industrial facilities and the
related competences the Group possesses in Europe could disappear.” Putting forward
a series of measures intended to protect jobs, the SE-WC explains that the “shared
goal that has been clearly identified is to now reach negotiated collective
solutions with a view to ruling out any risk of compulsory redundancies.” In France,
where 4,248 jobs were due to be lost, two agreements were signed on 12 October: one
on the new “long duration partial unemployment” (APLD) scheme, which would save 1500
jobs, and the other on social measures designed to avoid compulsory redundancies and
to provide support for employees who take voluntary redundancy. > See also: Press releases issued
by FO and
the CFE-CGE.
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Trade
unionism
Monitoring of employees :
Pressure is mounting on Amazon in Europe. On
30 September, 33 trade-union leaders sent a letter,
to European Commissioners Nicolas Schmit and Thierry Breton. It follows the
revelations on the Vice website that Amazon
is looking to hire intelligence analysts to track “labor organizing threats”
within the company (thus placing trade unions in the same monitoring
category as hate groups and terrorists…) and the way in which Amazon monitored
its delivery drivers by accessing their closed Facebook groups. On 6
October, the Recode website revealed the company’s use of new
software to track attempts at unionisation. On 7 October, 37 MEPs sent a letter
to the CEO of Amazon, Jeff Bezos. Expressing their concern at the ways in which work
is organised within warehouses that allow the company to avoid “any form of workers’
collective organization”, the MEPs state that “recruiting employees to spy on
potential opponents, should they be internal or external, is intolerable”.
Furthermore, several
sites in Germany are on strike, while in Spain, the labour inspectorate
found that 4,000 Amazon delivery drivers have been wrongly classified as freelance
workers. It has ruled that Amazon owes 6 million euros in unpaid social security
contributions (see UNI Europa press
release and article
in El País).
> See
also: report
on the meeting of the union network of the HeidelbergCement group,
organised by IndustriALL Global Union and the Building and Woodworkers International
(BWI), with the support of Germany’s Friedrich Ebert Foundation.
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