Lead story
Two irreconcilable visions for the future Quality Jobs Act
On 28 September, the European social partners submitted their responses to the European Commission in the scope of the second-stage consultation opened on 20 July on the future Quality Jobs Act. A text that the Commission will present ‘by the end of the year’, its President, Ursula von der Leyen, confirmed on 16 September in her State of the Union address.
On the trade union side, the European Trade Union Confederation (ETUC) continues to call for binding legislation in the five areas identified by the Commission – algorithmic management and AI at work; safety and health at work; protection of workers’ rights in subcontracting chains and labour intermediation; a just transition; the enforcement of labour law and the role of social partners – to which it adds telework and the right to disconnect. Whilst it was fairly positive towards the first consultation document, the ETUC is now more critical of the Commission, deeming its proposals ‘not sufficient’. It states that all initiatives should take the form of directives, rejecting the idea of regulations that would enforce maximum harmonisation. The ETUC also speaks out against the Commission’s simplification ambitions, which it equates with a vehicle for deregulation. Notably, it rejects measures whereby the existence of a collective agreement would allow employers to be exempt from liability, to water down risk assessments or to reduce inspections. Finally, it takes a more aggressive stance on the impacts of climate change, calling for a dedicated instrument addressing exposure to heat or cold, as well as the right to refuse unsafe work.
In its response, BusinessEurope sticks to its guns, all whilst being less critical of the Commission – a sign, no doubt, that its lobbying between the two consultation stages has been effective. The employers’ organisation contents itself with expressing reservations about ‘certain parts’ of the document and accepts only one single legislative initiative: merging and simplifying the Workplace and Display Screen Equipment Directives. It is precisely this legislative initiative that the ETUC rejects, it wants to keep both directives and strengthen them. On all the other issues, BusinessEurope calls for any action, if necessary, to be through non-binding instruments.
Questioned by the Commission about their willingness to negotiate on these issues, the European social partners can barely conceal the clinical death of European cross-industry social dialogue. The ETUC has closed the door, saying it ‘does not consider that the necessary conditions currently exist’ to negotiate a binding agreement with BusinessEurope that could subsequently be enshrined in a directive. Adopting a more tactical approach, BusinessEurope says it is open to discussion, pointing out that it has proposed two topics for negotiation in the scope of the discussions on the European social partners’ 2027–2028 work programme: 1. simplifying the Pay Transparency Directive, in the form of a presumption of compliance for companies adhering to collective agreements; 2. revising and merging the Workplace and Display Screen Equipment Directives, which would also cover psycho-social risks ‘in order to avoid stand-alone legislation’. Not surprisingly, the ETUC has rejected these proposals. At this stage, this programme would not involve any negotiations on an agreement, which would be a first. The social partners are said to have agreed on the lowest common denominator: revising their agreement on active ageing, which has had no notable effect.
The Commission certainly has its work cut out for it to produce a text that can achieve a consensus, but it cannot shirk its responsibility: to improve working conditions for an ageing workforce, which is set to work for longer, and to make work attractive in the EU.
Legislation
Adoption of the Regulation on the coordination of social security systems: on 28 September, the Council definitively adopted the Regulation amending Regulations No. 883/2004 and No. 987/2009 on the coordination of national social security systems at EU level (see IR Notes 278) (see press release). The Regulation enters into force on the first day of the month following its publication in the Official Journal of the European Union. Member States will have 24 months to prepare, for instance for the new rules on prior notification for postings (requesting Form A1 before departure). The regulation has been welcomed by the European Federation of Wood and Building Workers (EFBWW) as it recognises the specific needs of the construction sector. This sector is actually excluded from the exemption provided for short-term assignments (a maximum of three consecutive working days within a 30-day period): any posting in this sector must be reported in advance, regardless of its duration. A position shared by the employers’ organisations FIEC and EBC, leading the EFBWW to describe it as ‘a true victory for social dialogue’.
Social update
Preparing for implementation of the Forced Labour Regulation: the European Commission is organising a series of webinars to help businesses prepare for Regulation 2024/3015, which, as of 14 December 2027, will prohibit any products made with forced labour from being sold in or exported from the EU market. The first two webinars presented the regulation and preparation tools; they are available on the Commission’s Forced Labour Single Portal. They will be followed by six sector-specific webinars, running from 13 October (solar sector) to 24 November (fisheries sector).
Social update
European campaign on health and safety at work - ‘Healthy Workplaces Campaign 2026–2028’: Ahead of the launch of the European Agency for Safety and Health at Work (EU-OSHA)’s campaign ‘Together for Mental Health at Work’ on 13 October in Brussels, the campaign website is now live in all EU languages. It serves as a central platform for resources (reports, practical guides and tools) to help prevent psycho-social risks at work and promote mentally healthy workplaces.
Sectoral social dialogue
Combatting labour shortages: on 29 September, European social partners in the contract catering sector adopted a joint declaration on labour and skills shortages, agreeing on solutions to be implemented at European and national levels, based on four key areas. The first involves revising public procurement rules, in particular by no longer awarding contracts solely on the basis of the lowest price and instead applying quality-based criteria. Another is strengthening social dialogue and collective bargaining in order to offer attractive wages and working conditions, with sectoral collective bargaining seen as essential for maintaining the rights enshrined in collective agreements despite frequent changes of employer (see EFFAT press release).
Across Europe
Germany
Improving working conditions for cleaning staff: on 17 September, the Ministry of Labour and sectoral social partners signed a charter designed to improve working conditions in the cleaning sector, a physically demanding sector employing some 700,000 people in Germany (see press release). The charter calls on purchasers to take quality-based criteria into account when awarding contracts, which are often awarded to the lowest bidder at the expense of working conditions (see press release). It also encourages cleaning to be done during the day, rather than at night, early in the morning or late in the evening to better reconcile work and family life.
Austria
Measure to encourage active retirement: on 23 September, the lower house of Parliament (National Council) adopted a legislative package aimed at encouraging people who have reached the statutory retirement age to continue working (‘Aktivpension’) (see press release). From 2027, those with 40 years’ insurance contributions (34 for women, as a transitional measure until 2033) will benefit from a tax exemption on their earned income of up to 1,250 euros per month (15,000 euros per year) and will also be exempt from the employee’s pension insurance contribution. Currently, around 150,000 Austrians keep working past retirement age (see press release).
Austria
Pay increases in the metalworking sector: the second phase of the two-year collective agreement for the metalworking sector, concluded in 2025, will enter into force from 1 November for the sector’s approximately 190,000 employees (see press release). Collectively agreed minimum pay will rise by 2.1 per cent and real pay by 1.9 per cent, with the collectively agreed minimum pay / salary rising to €2,622.74 gross per month. The bonus for night-work will increase by 7.01 per cent to €3.75 per hour. Concluded in the throes of the sector’s crisis, the agreement remains below the reference inflation rate (3.3 per cent between September 2025 and August 2026).
Spain
UGT refers CaixaBank’s use of AI to the Labour Inspectorate: The UGT trade union has criticised CaixaBank for a lack of transparency on the deployment of two AI tools. After it failed to receive a response to its requests for information, the UGT referred the issue to the Labour Inspectorate at the end of September to find out what data these tools collect, what happens to the voice recordings, who has access to them, and whether this data can be used to monitor, compare or evaluate employees’ work. It also enquires about their impact on workload and business targets. CaixaBank has responded that these tools are in the testing phase, that they are aimed at facilitating business management and streamlining certain administrative tasks, and that they are not mechanisms for supervising or evaluating employees. The bank also states that it initiated a dialogue with the trade union prior to their implementation. For the UGT, the trial phase does not justify a lack of transparency: AI has to be ‘an aid, not an invisible supervisor’.
Company updates
European Works Councils
Vinci gives its employees the right to halt a dangerous operation: on 17 September, Vinci’s top management and the Group’s European Works Council signed new ‘Guidelines on Occupational Health and Safety’, replacing the joint declaration made in June 2017. The text ‘builds on’ its predecessor but adopts a more proactive tone. “We refuse to accept fatalism,” write the signatories, who are convinced that “it is possible to achieve zero accidents”. Health and safety are now seen as the “cornerstones of operational excellence”. ‘Every manager must guarantee the health and safety of the employees for whom she or he is responsible, within a clearly defined framework,’ states the text. Managers must also lead by example, which means ‘maintaining a consistently visible presence on site’. The ‘zero accidents’ target is clarified: it is focussed ‘initially’ on eliminating serious and fatal accidents. Temporary and external staff must enjoy the ‘same’ safety conditions as Vinci employees, rather than ‘comparable’ conditions, as was stated in the 2017 version. The main innovation, the ‘STOP reflex’, gives every employee the power to stop work. Any imminent danger must be reported ‘immediately and openly’. An employee ‘must stop’ any operation they believe poses a risk to them personally; they ‘may suspend’ any operation that poses a risk to other people or to property. Employees must not be reprimanded for taking these initiatives in good faith. The inclusion of mental health is also new. The declaration calls for working arrangements “that limit occupational strain and protect mental and physical health”. Finally, the Select Committee of the European Works Council now receives quarterly reports which also cover fatal accidents and health and safety indicators.
The required substantial effects of a transnational project: on 17 September, the European Works Council of the airline EasyJet suffered a setback before the UK body responsible for disputes relating to European Works Councils, the Central Arbitration Committee (CAC). The European Works Council criticised management for failing to inform or consult it prior to its decision to open an operational base in Marrakesh. The airline has deployed three aircraft to this base that were previously based in the EU, operated by pilots working on a self-employed basis and by cabin crew supplied by a temporary employment agency. In its decision, the CAC does not rule out the possibility that this may constitute a transnational matter, even though it concerns a site outside the EU. However, it draws on the new Directive 2025/2450 – which does not, however, apply to the United Kingdom – to hold that a matter is transnational only if it has ‘substantial and not merely trivial’ effects. However, the CAC notes that the proposal involved the secondment of no more than around 100 employees from EasyJet bases located in the EEA, the UK or Switzerland, to operate flights whilst locally recruited crews underwent four to five weeks’ training – representing less than 1 per cent of EasyJet’s total workforce. ‘This was not, given its size and anticipated duration, a significant relocation of employees,’ concludes the CAC, which held that the establishment of the base did not constitute a transnational matter: ‘There was therefore no obligation on EasyJet to inform and consult the European Works Council about it’.
Company-level agreements
Retelit-X shifts to a 36-hour working week with no reduction in pay: on 22 September, Italian telecommunications operator Retelit-X (fewer than 1,000 employees) signed a company-level agreement with four trade union federations and employee representatives (RSA/RSU). The agreement, which will apply until 31 December 2027, lowers weekly working hours from 40 to 36 with no reduction in pay, with Fridays now down to half a day. This reduction is funded equally: employees contribute two hours – deducted from their existing paid leave entitlements – with the company covering the remaining two hours. The agreement also sets a teleworking quota of 144 days for 2027, the equivalent of approximately three days per week, subject to a new individual agreement.
Airbus backs down on plans to cut back on teleworking following three months of strikes in Spain: Airbus management had wanted to cut teleworking back to one day per week. This plan triggered protests at several of the group’s sites, particularly in Spain, leading to a major industrial dispute, also fuelled by wage demands. In early September, thanks to mediation by the Ministry of Industry, management and the ATP, CCOO and SIPA trade unions reached a proposal that fully upholds the current agreement on teleworking. This allows up to 40 per cent of working time to be spent working remotely, so two days a week. Existing individual agreements will be complied with, and the scheme will also apply to new staff. On the matter of pay, the agreement sets forth an annual increase equal to actual inflation plus two percentage points until 2029, as well as a one-time bonus of EUR 2,000.
Data and Reports
A study on the adverse effects of atypical working hours on workers’ health
A study published in early September by the French Agency for Food, Environmental and Occupational Health & Safety (ANSES) highlights the adverse effects of atypical working hours on the health, social and family life of workers. It builds on a report published in 2016 on night work. The study first highlights the risks associated with each type of atypical working pattern – long hours, shift work or weekend work – which are thought to apply to between 55 per cent and 75 per cent of workers in France. For instance, working long hours adversely effects cardiovascular health, anxiety and sleep quality. Shift work impacts social and family life (especially evening work), mental and cardiovascular health, as well as the length and quality of sleep (morning shifts in particular). Working weekends makes it more difficult to balance work and family life. ANSES recommends limiting the regular use of atypical working hours and, where necessary, regulating it better. The agency advocates prioritising non-financial compensation that promotes health: reduced working hours with no reduction in pay, time off in lieu, help with transport or childcare, etc.
Key statistic
3 367
In 2024, the EU recorded 3,367 fatal occupational accidents, an increase of 45 deaths compared to 2023.
According to the latest figures published by Eurostat, nearly a quarter (23 per cent) of these accidents happened in the construction sector. France tops the table with 830 deaths at work (equivalent to 3.61 deaths per 100,000 workers), ahead of Italy (482 deaths; 2.01), Spain (402; 1.89) and Germany (361; 1.02). However, differing national practices mean these rankings should be treated with caution, as highlighted by a Eurogip study published in March 2026. For instance, medical emergencies at work (heart attacks, strokes) accounted for 57 per cent of fatal accidents in France and 43.6 per cent in Spain in 2023, as they are classified as occupational accidents in these countries, regardless of whether there is a causal link to the performance of work – which is not the case in Germany.
Fatal accidents at work, 2024
Breaking news
Psycho-social risks: the European Parliament calls for a directive
On 6 October, by a large majority the European Parliament adopted the resolution tabled by Estelle Ceulemans (S&D) calling on the European Commission to draft a law on psycho-social risks, stress and mental health at work. This result was made possible by compromises reached on the text voted on by the Committee on Employment and Social Affairs. Before presenting such a text, the Commission is invited to conduct an impact assessment complemented by a ‘competitiveness test’ and an ‘SME test’, which is likely to delay any initiative. Based on Article 153 of the TFEU, the future directive will need to close the gaps in existing legislation without creating overlapping instruments. The Parliament is calling for it to be recognised that these risks ‘give rise to occupational diseases’ but is rejecting any presumption that injury or damage is work-related and it being up to the employer to prove otherwise. Member States will remain free to ease the burden-of-proof requirements. The annex outlines the content of the directive. Any significant reorganisation, including a change in teleworking arrangements or the introduction of automated decision-making and monitoring systems, would be subject to a prior risk assessment, carried out in consultation with workers and their representatives. Decisions taken or supported by algorithmic management would remain subject to ‘continuous, meaningful and effective’ human oversight. Add to this the right to disconnect, an individual return-to-work plan and protection against reprisals. Usefully for negotiators, the text also defines ‘moral distress’, which arises when workers are ‘constrained from acting in accordance with professional, ethical or clinical standards’, for instance because of understaffing or insufficient resources.
IR Dictionary
Proceedings for failure to fulfil an obligation
With many Member States behind schedule in transposing the Pay Transparency Directive, which was supposed to be transposed by no later than 7 June, a recap of the term ‘proceedings for failure to fulfil an obligation’ makes sense! Proceedings for failure to fulfil an obligation are legal proceedings brought before the Court of Justice of the European Union. These proceedings may be initiated by the European Commission or by a Member State against a Member State which has not complied with European Union law. They are based on Articles 258 to 260 of the TFEU. The proceedings may be brought against a Member State which has adopted a text contrary to European law or refuses to repeal a national measure that is contrary to European law. They may also target delays in transposing a directive or a failure to notify the European Commission of the measures taken to transpose it. Before proceedings are brought before the European Court of Justice, the European Commission first sends a letter of formal notice to the Member State, followed, if necessary, by a ‘reasoned opinion’. If the European Commission is not satisfied by the Member State’s response, it can then bring the matter before the Court of Justice. Once the Court has delivered its judgment, if the country fails to comply, the European Commission may initiate new proceedings, which may this time lead the Court to impose a lump sum or penalty payment on the recalcitrant Member State. Where the failure concerns a failure to notify the European Commission of the measures taken to transpose a directive, the European Commission may, however, request these financial penalties already be imposed in the first stage of the proceedings (Article 260(3) TFEU).
Upcoming events
15 October
Paris
Social Europe is back
‘Social Europe’ event organised by the association Réalité du dialogue social (RDS), featuring Isabelle Schömann, Deputy General Secretary of the European Trade Union Confederation.
5 November
Online
Just Transition
Meeting of the European Works Council Club on the role of European Works Councils in a just transition (contact: contact@irshare.eu).
19 November
Paris
Industrial relations in Spain
As part of its European tour on industrial relations, the Dialogues association is organising a morning session on Spain with Valérie Parra Balayé, confederal secretary for international policy and European relations officer at the UGT (see Contact).
The team
This edition has been prepared by Inès Bollet, Victoria Fonseca, Ambre Grenier-Boley, Frédéric Turlan . You can read about everyone in the IR Share team on our website.
To find out more about the IR Share team, please consult our website, LinkedIn or IR Notes.
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European social update