IR Notes

At the International Day Against Violence Against Women, on 25 November, which marked the beginning of the Orange The World campaign’s 16 days of action, MEPs called on the six EU Member States which have not yet ratified the Istanbul Convention, concluded within the Council of Europe, to do so without delay. The countries in question are Bulgaria, Czechia, Hungary, Latvia, Lithuania and Slovakia. Poland, for its part, has withdrawn from the Convention. This convention is the first legally binding instrument for combatting violence against women and domestic violence in four key areas: preventing violence, protecting victims, prosecuting perpetrators and developing integrated, comprehensive and coordinated policies. The Convention recognises that gender-based violence and harassment constitute a systemic problem, whose origins lie in the unequal power relations between women and men, both in society and in the world of work. The text also highlights the negative consequences of domestic violence in the areas of employment, productivity, health and safety. This Convention is the most advanced instrument created thus far for combatting gender-based violence, including domestic violence. However, a small number of Member States have still not agreed to sign it, even though the European Commission is preparing a directive for 2022 on combatting violence against women and has set itself the goal of ratifying the Istanbul Convention.
The implementation of this convention by signatory countries is overseen by a specialised independent body called GREVIO, which publishes reports on each country at regular intervals, for the purpose of assessing compliance with the convention and progress still to be made. Partly on the basis of GREVIO’s recommendations, on 25 November, Belgium published its new 2021-2025 national action plan for combatting gender-based violence, which seeks to “raise awareness and provide training for employers, employees and those responsible for defending employees’ rights within the company”. The plan provides for “the option of taking further measures to support victims of violence and harassment in the world of work”. On 24 November, GREVIO also published its General Recommendation No.1 on the “digital dimension of violence against women”: its scope covers gender-based violence “in places of work, including remote working as well as work provided on/through platforms”. This is a high-quality and exhaustive document, which examines all the new forms of violence and harassment, and it should be a source of inspiration for companies when they come to define their own prevention policy. Companies have “a responsibility and a crucial role to play in combating violence happening in the private life”, according to the Commitment Charter of the European Network of Companies against Domestic Violence, which was drawn up within the framework of the European Cease project and has been adopted by a few dozen companies. The charter states that “when employers demonstrate that they are aware of domestic violence and make teams aware of the services that are available, this will help reduce taboo on domestic abuse”. Nevertheless, not enough initiatives have yet been taken at company and European Works Council level, to tackle an issue that is clearly transnational in nature.

Minimum wage : On 25 November, MEPs decided to commence negotiations with the Council, with a view to adopting the proposal for a directive on adequate minimum wages in the EU (see IR Notes 151). They approved the negotiating mandate by a large majority (443 votes in favour, 192 against – mainly from the EPP, but also a few Renew MEPs – and 58 abstentions) (see press release issued by Parliament). The mandate refers to the report prepared by Dennis Radtke (EPP) and Agnes Jongerius (S&D), which was adopted by the Committee on Employment and Social Affairs on 11 November (see IR Notes 174). Negotiations can commence as soon as the Council has adopted its own position, at the Employment and Social Affairs Council meeting due to be held on 6 December. In point of fact, Member States’ representatives reached agreement on the proposal for a directive on 24 November, and invited the Council to adopt it. The Council’s document emphasises that a “broad majority of delegations” supported the work done by the Slovenian Presidency of the EU, and “agreed with [it] that the text it presented reflects the centre of gravity of the Council”. The document states that “many delegations insisted that no further change should be made to the text as it represents a delicate balance with no further margin for adjustment”. This means that the stage is set for a complicated negotiation with Parliament, which made extensive improvements to the Commission’s text. As a result, the text was deemed “mature enough to be forwarded to the Council” meeting scheduled for 6 December. Only Denmark immediately announced that it would be voting against the text of the proposal. Employers’ organisations are fiercely opposed to the text produced by Parliament. Ceemet, the employers’ organisation representing the interests of the metal, engineering and technology-based industries, believes that this directive “will likely result in the end of well-functioning collective bargaining systems. This interference goes against social partner autonomy and will weaken what the Directive sets out to strengthen” (see press release).

• Financial transparency: The European Parliament’s Committee on Legal Affairs has begun its work based on the report prepared by Pascal Durand (Renew), with a view to revising the Non-Financial Reporting Directive. His report advocates expanding the scope of the directive to encompass companies that have fewer than 250 employees and operate in “high-risk” sectors, which include those linked to major environmental issues (ore extraction), and human issues, such as the textile sector, which is exposed to the risks of child labour and forced labour. Parliament is due to vote on this in March. Member States are favourably disposed to the proposal for a directive, which should lead to its rapid adoption under the French Presidency of the EU (in the first half of 2022).

European Semester : On 24 November, the European Commission presented the cycle of the 2022 European Semester for coordinating economic policies. This “Autumn Package” includes the Annual Sustainable Growth Survey, Opinions on euro area Draft Budgetary Plans (DBPs) for 2022, policy recommendations for the euro area and the Commission’s proposal for a Joint Employment Report (see press release) (see also European semester). This report offers an exhaustive survey of the various labour market indicators of Member States, including extensive comparative data that serve as a basis for evaluating Member States’ individual performances. It also updates the social scoreboard’s main indicators by ranking countries based on their performance for each indicator (see page 33) (see also Social scoreboard). The report looks at the issue of developing work via digital platforms and “calls for policy action” in the areas of legal status, improving working conditions and “access to social protection”. The report also emphasises the importance of involving social partners in any reforms.

• Support for dismissed employees: On 19 November, the European Commission decided to support 297 Airbus workers in France, who were dismissed following the Covid-19 pandemic, by offering to provide support worth 3.7 million euros, from the European Globalisation Adjustment Fund (see press release).


• International Labour Conference: The 109th International Labour Conference (ILC), which was interrupted by the Covid 19 pandemic, resumed on line on 25 November and will end on 11 December. Two topics are on the agenda: Inequalities and the world of work (see conference document) and Skills and lifelong learning.(see work report ) A plenary session will be held on 11 December to examine the reports submitted by working groups and committees, and to officially close the session. (see press release).

Classifying stand-by time : The Court of Justice has taken an interest in the fate of a retained firefighter employed by the City of Dublin, who was permitted to work as a taxi driver on his own account, while at the same time being permanently on stand-by (i.e. 24/7). During this period of stand-by time, he is required to participate in 75% of his brigade’s interventions and must be able to arrive at his fire station within a maximum period of 10 minutes if he receives an emergency call (for the facts, see press release). So, should this stand-by time be classified as working time or rest time? The Court of Justice held that such a period of stand-by time “does not constitute ‘working time’ (…) if it follows from an overall assessment of all the facts of the case, in particular from the scope and terms of that ability to carry out another professional activity and from the absence of obligation to participate in the entirety of the interventions effected from that fire station, that the constraints imposed on the said worker during that period are not of such a nature as to constrain objectively and very significantly the ability that he or she has freely to manage, during the said period, the time during which his or her services as a retained firefighter are not required” (CJEU, 11 November 2021, Case C-214/20, MG).

Electricity : On 15 November, the social partners in the electricity sector – i.e. the employers’ organisation Eurelectric and the European trade union federations EPSU and IndustriAll Europe – adopted a joint position on the issue of a just transition, supplementing the statement already adopted in 2017. The signatories commit to “ensuring a comprehensive social dialogue at the European, national, regional, sectoral and company level, including European Works Councils as an integral part of transition strategies” (see IndustriAll Europe press release).

Wage agreement in the metalworking sector : On 19 November, the social partners in the metalworking sector reached a wage agreement covering the sector’s 110,000 employees. The minimum wages stipulated by the collective bargaining agreement will rise by 3.45% on 1 January 2022. In future, the new minimum wage will amount to 2,069 euros. Real wages will rise by 3%, while the sector’s 18,000 apprentices will enjoy a 3.45% increase. They will also receive a “climate ticket” (KlimaTicket) entitling them to use all types of public transport throughout Austria, free of charge. This fixed cost, representing a benefit worth 821 euros, will be paid by businesses (employees who have already purchased it will receive a reimbursement). A company-level agreement may also grant employees the option of converting the 3% increase into an extra monthly rest period of 4.5 hours (see press release issued by the Pro GE trade union).

Child labour, forced labour and modern slavery : lOn 9 November, France launched its national strategy for speeding up efforts to end child labour, forced labour, human trafficking and modern slavery, both in France and worldwide (see press release). This strategy comprises three actions: 1) closer collaboration between the Labour Inspectorate and the Interdepartmental Mission for protecting women against violence and combatting human trafficking; 2) concluding an agreement with social partners for the purpose of feeding back information to companies; 3) strengthening European cooperation in the area of combatting human trafficking, in particular by mobilising the Labour Inspectorate and the European Labour Authority. This initiative meets one of the sustainable development goals (SDG) of the UN Agenda for Sustainable Development adopted in 2015, calling on States to “take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms” (SDG 8.7).

Entitlement to statutory sick leave : Ireland is one of the few countries that does not have a statutory sick leave scheme, funded by the employer. This situation appears to have contributed to the seriousness of the Covid-19 pandemic, since many employees were either unable to work remotely, or could not afford to take time off when they were either sick or having to self-isolate. This situation looks set to change, thanks to the forthcoming “Sick Leave Bill”. If this bill, which was published on 4 November, passes successfully through the Irish Parliament, with effect from January 2022, employees will be granted an annual entitlement to three days of statutory sick leave, consecutive or otherwise, “in respect of a day on which he or she would ordinarily work but is incapable of doing so due to illness or injury”. This sick leave will be paid for by the employer and its length will gradually increase over the course of time, to five days in 2023, seven days in 2024 and ten days in 2025. However, the number of days in question may be changed by the government on the basis of several criteria set out in the bill, such as the state of the economy generally, the business environment and national competitiveness. The amount of money payable is not fixed in the bill. The government website states that the amount payable will initially be set at a level of 70% of the employee’s wage, capped at 110 euros per day. This rate may be amended by a ministerial order. To benefit from this paid sick leave, employees will have to present a medical certificate and demonstrate that they have completed 13 weeks of continuous service with their employer. No sanctions can be applied to an employee who takes their statutory sick leave, and the length of their absence cannot be taken into consideration when calculating their entitlement to other types of leave (annual, parental, maternity, paternity leave, etc.). These provisions will not apply if the employee’s contract of employment provides for more favourable arrangements. This new scheme will primarily benefit employees who are on low wages, because the employer does not normally pay sick leave for such jobs. It represents a major change for employers, who have been preparing for the introduction of the scheme for a number of months now. However, those who cannot really afford to pay statutory sick leave will be entitled to apply to an employment tribunal for exemption from the law, for a period ranging from three months to one year.

• Creation: On 12 October, following a difficult negotiation, the management of the Irish building materials group CRH (77000 employees) and the SIPTU trade unions signed an agreement, in Amsterdam, establishing a European Works Council (see SIPTU press release).


• Anti-Brexit clause: On 13 April, the management of the Air France-KLM group and its EWC signed an amendment modifying the scope of application of the agreement, so that it covers the entire group, “i.e. all of its subsidiaries and sub-subsidiaries in European countries (i.e. countries forming part of the European Union, the European Economic Area, Switzerland and Great Britain)”.

Occupational health and safety : On 17 November, the French group Korian (57,500 employees), which specialises in care for the elderly, signed its first transnational agreement with its EWC, in the form of a protocol covering the issues of health, safety and prevention of accidents at work (see “A question for…” opposite). This protocol is the result of a year of dialogue conducted by a EWC working group dedicated to the issue of occupational health and safety, and is based on “best practices observed in the various countries in which the Group is present”. This is the first agreement of its kind to be concluded by a company in the healthcare sector (see press release). The protocol will be implemented by each country’s General Management, and a European monitoring committee will meet twice a year to assess progress. The content is structured around the six components of the action plan – e.g. No. 2: “Promote long-term solutions with the aim of improving working conditions in the field, particularly by deploying appropriate equipment and through training” – which are then implemented via a series of actions, all of which are linked to a concrete example. For example, deploying appropriate equipment is a reference to the installation of rails, in France, to help move sick people around. The action taken here was that of inviting staff to seek inspiration by studying the best national legislation, in this case using as a role model the health, safety and maintenance committees provided for in Italy. This example shows how EWCs can serve a useful purpose away from their main role, which is that of informing and consulting workers.

Working conditions in Qatar : As the construction of infrastructure for the forthcoming football World Cup draws to an end, the ILO has published a report cataloguing work-related deaths and injuries in Qatar for 2020 (One is too many: The collection and analysis of data on occupational injuries in Qatar). This report highlights the fact that 95% of labourers working in Qatar are migrants, many of whom are employed in the construction sector. Falls from height and road traffic accidents are the main causes of severe injuries, followed by falling objects on building sites. The victims are primarily migrants from Bangladesh, India and Nepal. The report reveals gaps in the way data is compiled and differences in the way it is processed by the many ministries and institutions involved in categorising work-related injuries and deaths. “The majority of these cases do not have sufficient details in the medical (or other) records to definitively determine whether or not they are work-related fatalities” says the report, whose recommendations already appear to have brought about changes, according to the ILO. These gaps are also denounced in a recent Amnesty international report (“In the Prime of Their Lives”).