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IR Notes 34 – 17 June 2015
www.irshare.eu
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Interview
Dr. Adrien Thomas, collective bargaining research team at the Luxembourg
Institute of Socio-Economic Research (LISER)
By
around 78%, the people of Luxembourg have rejected the
extension of the right to vote to non-nationals, although
the trade unions were in favour. How do you explain this
outcome? The refusal to extend the
right to vote to foreigners has drawn the most comment, but there
were two other questions included in the referendum – a lowering of
the voting age to 16, and the introduction of ten-year limits for
ministerial mandates. In all three cases, there was a significant
majority against. This suggests that the results express a more
general dissatisfaction with the government and with the manner in
which the referendum campaign was conducted. Furthermore, the “yes”
side was unable to convince voters with a strong and well-structured
narrative in favour of allowing foreigners to vote, which could be
perceived by voters as a lack of involvement by the “yes”
supporters.
But
was the trade union voice not
heard? While it is true that both the
OGBL and LCGB trade union confederations backed the “yes” vote,
another important confederation, the CGFP, which represents civil
servants and therefore mainly nationals, campaigned on the “no”
side. Although the CGFP is smaller in terms of numbers than the OGBL
and LCGB, it carries significant weight in the electoral body. Many
OGBL and LCGB members are foreign residents or cross-border workers
who therefore do not vote. In other respects, while the two
confederations were in favour of a “yes” vote, they did not campaign
for it on a massive scale. The trade union leaders were no doubt
conscious that a section of their membership was not convinced about
extending the voting right to foreigners.
Have
the trade unions lost some of their
influence? Indeed, as I stress in my
book (*), Luxembourg’s trade unions are enjoying success with their
ability to integrate foreign workers, but they have strongly relied
on “service-oriented trade unionism” when it comes to recruiting new
members. This has caused the unions to lose part of their social
movement role, their ability to mobilise and shape worker
opinion.
(*) “Les
frontières de la solidarité. Les syndicats et les immigrés au cœur
de l’Europe”, Adrien Thomas, Presses universitaires de Rennes,
Collection Res Publica, 138 pages, 12 euros
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Lead
story
Immediate
impact of the jurisprudence of the Court of Justice of the EU
Last month the European Court of Justice delivered a judgement
(the Rabal Cañas case) in which it found that Spanish legislation, which grants
protection against collective redundancies when a certain number of jobs is under
threat in an “undertaking” (see press
release), is contrary to EU law, whereas, according to the Court, directive
98/59 relating to collective redundancies requires account to be taken of the
“establishment” at which the redundancies have occurred and not the “undertaking”
(see IR
Notes 32). In Spain, the Superior Court of Justice of the Basque Country has
just applied this jurisprudence. The case concerns a company with more than 3,000
employees which decided to make 12 of the 77 employees at one establishment
redundant. Under Spanish law, this does not constitute a collective redundancy
because, given the workforce size, the minimum number of people affected by
redundancy would have had to be 30. However, in accordance with the Rabal Cañas
judgement, the Court concerned itself only with the establishment level and found
this to be a collective redundancy coming under the area covered by the directive.
It ruled that the procedure for worker consultation had not been followed and
declared the redundancies invalid. The company is required to reinstate those made
redundant and pay the salaries due from the date of redundancy to the date of
reinstatement. “This is, to my knowledge, the first judicial decision in Spain to
apply the Rabal Cañas jurisprudence,” comments Francisco Gomez Abelleira, professor
of law at Carlos III University of Madrid . “Very probably, other decisions in the
same tenor will follow.”
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1. European
Union
Social
update
- European social policy: On
9 June, the European Commission held an orientation debate in order to discuss
how EU policy “can best address social and employment challenges in Europe” (see
Commission press
release).
- Equality between men and
women: The European Parliament on 9 June adopted a resolution
on the EU strategy for equality between women and men post 2015, which
is intended to follow on from the strategy for equality between women and men
2010-2015 (see press
release). The Parliament notes that “there has been a slowdown in
political action and reform for gender equality during the last decade at EU
level”. The resolution rules out direct legislative intervention, favouring a
persuasive approach and the exchange of good practices.
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Estonia
- Fixed-term contracts
:The
Commission has referred Estonia to the European Court of Justice for the abusive
use of fixed-term contracts in the academic sector. Legislation limits the term
of these successive contracts to five years, but if a period of two months is
observed between each contract (the duration of the summer university recess),
the limit does not apply. People can therefore remain on a temporary contract
for their entire career (see press
release).
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France
- French “Small Business
Act”: The government is putting forward a series of
measures to encourage employment in small, medium-sized and micro enterprises
(see press
release). It proposes 1/ To allow fixed-term contracts to be renewed
twice, instead of once as at present, within an 18- month period; 2/ To control
the amount of compensation for unjustified dismissal set by the labour courts;
3/ To pay a grant to companies employing staff for the first time of 4,000 euros
over two years; 4/ To neutralise the threshold effects which trigger the payment
of additional social security or fiscal costs when the workforce rises above 11,
20 or 50 employees.
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Italy
Facebook user dismissed: The
Court of Cassation, in a judgement
of 27 May (in Italian), confirmed the dismissal of an employee who had used
Facebook during his working hours. The personnel manager had created a false profile
to converse with the employee during his working hours, while using geolocation to
check that it really was that employee. The Court considered that this check was
justified because the employer’s aim was to make sure that the company was operating
smoothly and that safety rules were being observed. In fact, the employee was
working on a press, which he was leaving to reply. The Court considered that the
creation of a false profile and the conversation request to the employee did not
breach the principle of good faith. The same applies to the geolocation, since the
employee agreed to its use when he subscribed to Facebook.
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Ireland
- Reform of the state’s workplace relations
structures: A major reform of the workplace relations
structures (Workplace
Relations Act 2015) will be fully implemented on 1 October of this year
(see explanatory
note). The law amalgamates five bodies or workplace relations structures
which deal with labour disputes in two new instances: the Workplace Relations
Commission (first instance) and the labour court (court of appeal). An online
system has been set up for filing compliants (e-Complaint Facility)
based on a single website which
incorporates a database of the decisions handed down.
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Poland
- Right of association: The
constitutional court has returned a decision
concerning the right of association following an action brought by the OPZZ
trade union confederation. It has judged that the law on trade unions violates
the Constitution by limiting the right to create and to belong to trade unions
to employees holding an employment contract. The decision may have major
repercussions, such as a revision of the legislation in order to allow
self-employed workers or those hired on the basis of a civil law contract to
benefit fully from the right of association.
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United
Kingdom
- Relative stability of trade union
membership: According to an official
report on trade union membership, the number of trade union members fell
slightly in 2014 (down 0.6%), with 6.4 million employees being members of a
trade union. The membership rate declined from 25.6% to 25% between 2013 and
2014 as a result of the growth in the number of people in employment. This is
the lowest rate since 1995.
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3.
Companies
European
works councils
Veolia: The French Veolia group (179,000
employees) has signed two agreements with the members of its European group council
(EGC). The first provides for the representatives of employees in the transport
division to be invited to EGC meetings until this sector has definitively left the
consolidated group. The second
revises the agreement on the EGC (in French) whose last version
dates from October 2010. The EGC secretary, Hervé Deroubaix (CFDT), expressed
satisfaction that “the threshold for having a representative has been lowered from
500 to 300 employees, which allows almost all the countries in which the group is
established to be covered”. The agreement: 1/ establishes a link between the EGC and
the national level by bolstering the “forums for social dialogue”, which bring
together company management, the members of the EGC representing the country and
other employee representatives in all countries where there is no equivalent body;
2/ authorises the EGC to “negotiate certain agreements in principle, commitment
charters or joint resolutions”; 3/ provides for variable information and
consultation processes according to the number of employees affected by the
management’s plans.
- Reno de Medici: A European
works council agreement was signed on 26 March between the management of the
Italian paper and cartonboard manufacturer Reno de Medici (RDM)
and a special negotiating body. The EWC is made up of 13 members and a trade
union coordinator designated by the IndustriAll European trade union
federation.
> Also of interest: The website of the European Trade Union
Institute (Etui) has published the agreement of the Irish food and dairy group
Kerry (28,000 employees),
which was revised on 10 December 2014. The text contains a very comprehensive
clause on the impact of a change in the scope of consolidation as a result of
acquisition. UNI Europa has announced the signing of a European
works council agreement at Teleperformance, a
specialist provider of outsourced customer services.
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European
Company (SE)
- ProSiebenSat.1 Media SE:
The German audiovisual group ProSieben (4,118 employees) has
concluded an agreement
on the involvement of employees on the occasion of its conversion to a
European Company (SE). The agreement does not provide for employee participation
on the supervisory board, but does set up an SE works council which will meet
twice a year or in the event of exceptional circumstances, if a proposal affects
at least 5% of the group’s workforce situated in at least two member states.
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Transnational negotiations
Société générale: The French
bank Société
générale (148,000 employees) and UNI Global Union on 3 June signed a global
agreement on human rights and the freedom of association (see press releases of Société
générale and UNI
Finance) which will have a significant impact in Central and North Africa,
where the bank is growing rapidly.
> Also of interest: The European
agreement on diversity and the integration of older workers of the
institutional food service group Sodexo
(419,000 employees), which encourages entities with more than 300 employees to adopt
a plan of action in support of retaining older workers.
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4. Studies
and reports
Restructuring: The French
association Astrees has published the results of two European projects funded by the
European Commission. The first deals with the impact of restructuring on groups of
vulnerable employees, in particular young people and migrants (synthesis report
in English
and in Frençh).
The second assesses the legal and regulatory framework as regards the management and
anticipation of restructuring in 11 European countries (national reports in
English) Belgium
; Bulgaria
; France
; Germany
; Netherlands
; Portugal
; Spain
; Slovenia
; Sweden
; Czech
Republic ; United
Kingdom.
- Slow feminisation of the trade
unions: A survey
by the European Trade Union Confederation puts the rate of female trade union
membership at 43.8% in 2014, with wide disparities between countries. The
proportion of women in decision-making positions within trade unions is only
14.5%.
- Forced labour in the EU:
The European agency responsible for overseeing the correct application of
the Charter of Fundamental Rights of the EU has issued a report which analyses the
different forms of severe labour exploitation of workers from EU member and
non-member countries. The perpetrators run little risk of prosecution or of
having to compensate their victims.
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