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IR Notes 42 – 18 November 2015
www.irshare.eu
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Interview
Philippe Pochet, general director of the European Trade Union
Institute
Two
weeks before the COP21 climate change conference in Paris,
you argue in your paper (*) that the trade unions should
actively pursue the issue of ecological transition. Is this
really their role? This subject will be
on the global political and economic agenda for decades. The focus
of current discussions – achieving a 20% reduction in greenhouse gas
emissions – is the easiest part. However, forthcoming objectives
will be much more important and will have a radical impact on
methods of production and consumption. The concern is not whether we
will have to drive electric cars, but about how to drive them using
green electricity and how to manufacture them with green
electricity. And this is why this is a key question for trade
unions. They have to tackle this issue and, the more they do, the
more their voice will be heard as actors in the energy transition
process which, I repeat, is going to be tough.
Why
is the union voice currently so muted when it comes to these
environmental questions? There is an
economic reason linked to the business and financial crisis. They
have faced a series of radical changes that have jeopardised
collective bargaining, the autonomy of the social partners and
labour law. The climate is clearly not propitious for medium and
long-term policies. From a more structural point of view, the trade
unions must now tackle their major, historical demands, such as the
reorganisation of working hours – a question assuming central
importance in connection with the ecological transition – and
reducing inequalities – particularly by recourse to collective
bargaining; achieving a reduction in inequality is essential if the
transition is to be accomplished successfully.
How,
as you contend, will social justice save us from ecological
disaster? The ecological transition
cannot be accomplished successfully in an unequal world. It will be
impossible to gain the support of the majority for a plan that would
preserve a rich minority. The question of how to shift towards a
society with different values of environmental justice and social
justice is at the heart of the transition. It is not a marginal
issue. It requires the ability to move on from alarmist attitudes or
purely scientific objectives and develop a positive narrative that
draws support from all sides. We have a tool for this in the shape
of social security – which has lifted millions of people out of
poverty by sharing the risks. This instrument, often promoted by the
trade union movement, must develop an aspect of social and
environmental protection and be capable of meeting the challenges,
allowing the workers inevitably affected by the ecological
transition to be redeployed over a long period.
For
their part, what can employee representatives in companies,
particularly multinationals,
do? Alongside their social reporting,
more and more companies are publishing environmental reports which
are often more detailed and comprehensive than the social coverage.
The employee representatives must get involved and receive training
to understand the documents. These reports provide important
information about investment or divestment strategies, or on the
search for greater efficiency in the use of resources, which impact
on production. The employee representatives must get to grips with
these subjects. This can be achieved by appointing representatives
in charge of environmental issues, for instance, as they do in the
United Kingdom, or challenging management plans with due regard to
their ecological impact and energy mix.
(*) Eloi. L ; Pochet, P. « Pour
une transition sociale-écologique – quelle solidarité face aux défis
environnementaux ? », Les petits matins/Institut Vebien, Paris,
novembre 2015, 80 pages, 10 euros.
(*) Eloi. L ; Pochet, P. “Towards
a social-ecological transition – solidarity in the age of
environmental challenge“, Etui, November 2015, 36 pages, free
download from www.etui.org
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Diary
19 November Brussels Conference
organised by the Dublin Foundation (Eurofound), Cedefop and the EESC on
“Work
organisation and workplace learning: Creating a win-win
environment“.
23-24
November Luxembourg
Presentation of the First
findings from Eurofound’s 6th European Working Conditions Survey
organised by the Foundation for the Improvement of Living and Working
Conditions (Eurofound).
25
November
Brussels Conference organised by
Confrontations Europe entitled “Energy
and digial mutations: the impact on employment and the role of
economic and social actors in Europe“.
26-27 November
The Hague
European Labour Law Network seminar on “Digitalisation
and labour law“; speakers include Muriel Guin, Jean-Emmanuel
Ray, Bernd Waas and Edoardo Ales. Contact: waas@jur.uni-frankfurt.de
4 December
Paris The
“Great debate” organised by the Droit social
periodical entitled “Droit
du travail, croissance et emploi : que faire? (Labour law, growth
and jobs: what can be done?)”. An item on experience outside
France is followed by a discussion of EU policy.
10-11
December Poitiers,
France Colloquium organised
by the Direccte Poitou-Charentes regional directorate for companies,
competition, consumption, work and employment, and the University of
Poitiers entitled “The
works council’s role in the evolution of worker representation“,
with a session on works councils in European and global companies.
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IR Notes is a fortnightly
newsletter produced by IR
Share and its network of experts, and is available in
several European languages. It offers Europe-wide monitoring of employment law,
labour relations and employment policy. It is available by subscription for 15
euros per month (excluding tax), via the IR Share website. IR Share
is a privately- owned, independent, apolitical company whose aim is to inform
and assist all players involved in social dialogue within and outside Europe. It
has been the correspondent organisation for France and Luxembourg of the Dublin
Foundation since 2009 and for Bulgaria since 2014.
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Lead
story
Effective
lobbying by the European social partners to save civil aviation
The European Parliament on 11 November adopted a resolution
following the consultation launched on 19 March by the Directorate-General for
Mobility and Transport of the European Commission concerning a future raft of
measures for the aviation sector. The so-called “aviation package” is due to be
passed by the Commission by the end of the year. In this resolution, which was
adopted with a large majority, the MEPs showed they were listening to the European
social partners. The resolution calls on the Commission to “prevent unfair
competition more effectively, ensure reciprocity and eliminate unfair practices,
including subsidies and state aid awarded to airlines from certain third countries
“. To eliminate certain social dumping practices, the resolution recommends 1/
“pinning down the concept of ‘principal place of business’ so that the operating
licence is granted by a state if the volume of air transport therein is
substantial”; and 2/ “in the context of the coordination of social security systems,
alignment of the definition of ‘Home Base’ as per Regulation (EU) No. 83/2014 and
Regulation (EU) No. 465/2012.” In addition, it is necessary to “clarify the
situation of aircrew that have multiple home bases”. In other respects, the
resolution highlights the difficulties of implementing directive 2008/104 concerning
temporary agency work in the sector, requesting that the Commission find a remedy.
Finally, the MEPs are “concerned about the increase in socially problematic business
practices such as ‘flags of convenience’ and the use of atypical forms of employment
such as bogus self-employment, pay-to-fly schemes and zero-hours contracts, which
may have potential safety implications”. This remark refers particularly to the report
commissioned by the European social partners of the civil aviation sector that had
underscored the potential risk linked to increased use of these forms of atypical
employment, which certain companies were placing at the heart of their business
model. In a press
release, the organisation representing the main European airlines (the
Association of European Airlines – AEA) described the resolution as a “step in the
right direction”.
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1. European
Union
Social
update
- Transatlantic partnership:
The European Commission on 6 November published its proposal for a chapter
on trade and sustainable development, in particular with regard to
labour and environmental protection, as part of the ongoing trade negotiations
between the European Union and the United States on the Transatlantic Trade and
Investment Partnership (TTIP) (see press
release). The aim, according to the Commission, is to ensure that high
standards for labour and environment are upheld both in the EU and the US. The
chapter refers in particular to the ILO core labour standards, which include
freedom of association and the right to collective bargaining.
- Steel: The Competitiveness
Council has taken stock of the serious challenges currently faced by the
European steel industry (see press
release). A special high-level conference bringing together the
stakeholders and involving the social partners will be scheduled in the near
future to follow up the preliminary measures announced.
- Evaluation of the directive on European
works councils: The European Commission on 16 November
convened a meeting of the members of the group of experts on the implementation
of directive 2009/38 on European works councils, as well as the eight
representatives of the European social partners. The meeting was organised in
connection with the directive evaluation process, at whose conclusion the
Commission will, in 2016, publish a report indicating whether or not the
directive needs to be recast. The consulting firm ICF presented the preliminary
results of a study requested by the Commission covering several points,
including the coherence of the directive with other European instruments; the
effects of the directive on the creation and functioning of European works
councils; the effectiveness of information and consultation rights, as well as
the inevitable evaluation of costs and benefits generated by the directive. The
report states that 58 EWCs have been created under the new directive, primarily
in groups having their head office in France (19%), Sweden (12%) and the United
States (9%). Eurofound also published its
analysis of the articulation of information and consultation procedures at
national and European levels.
> Recently added documents: First
phase consultation of social partners on possible action addressing the
challenges of work-life balance faced by working parents and
caregivers.
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Case law
- Clarifications on the scope of the
directive on collective dismissals: The Court of Justice
of the European Union has delivered a judgement (CJEU,
11 November 2015, case C-422/14, Christian Pujante Rivera) in a case
where it was asked to clarify which instances of terminated employment contracts
should be taken into account when calculating the employee thresholds warranting
compliance with the protections afforded by directive 98/59 on collective
redundancies, in particular the right to an information and consultation
procedure for the employees concerned. Under the legislation of some countries,
a minimum number of redundancies must be announced within a 90-day period in
order to trigger such a procedure. Apart from the redundancies, the Court was
also asked whether the case of an employee who left the company on the basis of
an agreement made with the employer following her refusal to accept a major
change to her employment contract (a 25% cut in pay) should also be taken into
account. On this point, the Court examined whether such a termination
constituted a redundancy stricto sensu or whether it was merely
“assimilated” to a redundancy. This distinction has an important practical
significance since it is the “concept of ‘redundancy’ in the first sub-paragraph
of Article 1(1)(a) of directive 98/59” that “directly determines the scope of
the protection and the rights conferred on workers under that directive”. The
Court noted that “the remuneration of the worker in question was reduced
unilaterally by the employer for economic and production reasons and, as the
person concerned did not accept the reduction, that resulted in the termination
of the employment contract and the payment of damages calculated on the same
basis as damages awarded in the case of unfair dismissal”. The Court therefore
found that “any national legislative provision or any interpretation of that
concept to the effect that (…) the termination of an employment contract is
not a ‘redundancy’ for the purpose of directive 98/59 would alter the scope of
the directive and thus deprive it of its full effect”. Consequently, as
indicated by the Advocate General, “the same protection for workers is to be
conferred as that conferred on a redundancy which the employer effects
expressly”. This judgement will have consequences in countries whose legislation
allows employment contracts to be terminated by mutual agreement between the
employer and the employee.
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2. Member
states
Finland
- New government initiative to reduce the
cost of labour: For the second time in the space of a
few months, the government has overturned its plans, deciding not to go ahead
with the planned reduction in remuneration for working on Sundays and overtime
hours. It intends to replace these measures by a 30% reduction in the holiday
bonus of 50 per cent paid in conjunction with annual leave (for paid leave of
six weeks, workers receive nine weeks’ salary). However, as this bonus is set by
collective agreement, the government will first have to adopt a legislative
measure to turn the collectively-agreed bonus into a statutory enhancement –
which will oblige certain companies not offering a holiday bonus to provide one
– before the 30% reduction can be applied. The aim is to lower labour costs by
5%. Realising that it could not act against the autonomy of the social partners
to set wages, the government has suggested that the social partners negotiate
their own package of measures to arrive at the same result. If they succeed, it
will withdraw its plans (see letter
from the Finnish trade unions, in English).
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France
- Towards a reform of the labour market:
On 4 November the government presented the outline of its
bill to reform the French labour code. The government plans to begin a
consultation with the social partners and to assign the “mission” of drawing up
the “fundamental principles of labour law” to a group of “wise men” (judges and
academics). The bill will be presented as early as January 2016, with a view to
adoption by parliament before the summer. The code is likely to comprise three
levels: 1/ “Public social order” provisions, to which no exemption can be
agreed; 2/ Topics open to negotiation in industry or company-level collective
agreements; 3/ Provisions applicable in the absence of an industry or
company-level agreement. The aim is to enhance the scope for collective
bargaining, without however undermining the hierarchy of norms. Once the law has
been passed, a commission will be asked to rewrite the code with a view to its
taking effect in the first half of 2018. In the meantime, the section of the
code devoted to working hours, rest time and leave arrangements will already be
rewritten in the course of drafting the bill (see press
release and press kit).
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Ireland
- Reform of workplace relations structures
takes effect: The reform of employment rights structures
brought about by the Workplace
Relations Act entered force at the beginning of October. It replaces
five different bodies by the Workplace Relations Commission in the first
instance, and the Labour Court as the single appeals body. The role of the Workplace Relations
Commission also includes the promotion of good industrial relations and
giving guidance on compliance with codes of practice. Employees can refer
disputes to the Commission via its website by filling in a workplace
relations complaint form.
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United
Kingdom
- Trade union analysis reveals top pay
gender gap : Analysis by the Trades Union Congress has
found that the gender gap for high earners in the UK has reached some 55%,
compared with 19% for the workforce as a whole and 9% for full-time employees.
Some progress has been made recently on a voluntary basis on raising female
representation women on company boards: this now stands at some 20% for firms in
the FT-250 listing, with a new objective of 33% by 2020. However, salary
disparities for senior professionals and managers remain very wide, according to
the TUC. While the top 2% of male earners bring in £117,352 a year, the top 2%
of women earn an average of £75,745.
- Gender pay gap : the UK
government has been consulting on further steps to close the gender pay gap,
which is especially marked in sectors such as finance and some professions. The
government proposes that employers with at least 250 employees must publish
information about the pay of their male and female employees with consultation
on the precise metrics to be used and sanctions for non-compliance. Regulations
are expected during the first half of 2016.
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3.
Companies
European
works council
- Sanofi: The European works
council of the pharmaceuticals group Sanofi met on 9-10 November to discuss
plans unveiled on 6 November by the group’s management concerning the animal
health activities concentrated within its Merial subsidiary and the production,
distribution and commercialisation of generic medicines. For these two
activities, the management has launched a review focusing on four options: sale,
creation of a joint venture, IPO, or to remain within the group. The EWC
secretary, Stéphane Galiné (CFDT), contacted the expert usually consulted by the
group works council in France and the EWC, the consultancy firm Syndex, to
evaluate the merits of initiating an expert report procedure. “An examination of
our generics activities was judged to take priority,” Stéphane Galiné explains,
“insofar as, apart from two sites entirely dedicated to generics manufacture,
the rest of production is spread across a large number of sites, and no-one is
able to identify exactly the volumes of generic medicines being produced at each
location, or the impact in terms of activity and employment in the event of a
sale. Furthermore, the generics portfolio needs to be defined in detail”. At the
meeting on 10 November, which was also attended by management, the EWC voted
unanimously in favour of an expert report on this matter. Responsibility for
this will lie with management, in line with the terms of the EWC installation
agreement.
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Transnational agreement
- H&M: The management of
the fashion retailer H&M (132,000 employees), the IndustriAll Global Union
international trade union federation and the Swedish trade union federation IF
Metall on 3 November signed an innovative global
framework agreement that “marks a new level of commitment to fundamental
rights of workers across H&M’s supply chain”. Indeed, according to
IndustriAll, the agreement covers “1.6 million garment workers” employed by
H&M’s subcontractors and suppliers. The accord is far removed from the old
style of global framework agreements, in which companies committed themselves
only to a small number of ILO conventions. In fact, it covers more than 30 ILO
conventions, from those on the freedom of association and the right to
collective bargaining to those on working hours and health and safety (see IndustriAll
and H&M
press releases).
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Trade
unions
- Metro: The UNI Global
Union international trade union federation convened a meeting of the Global
Union Alliance of the German Metro group on 3-4 November in Berlin. The trade
unionists reported a deterioration in social dialogue in several countries, with
local management failing to respect the global framework agreement concluded in
2013 between Metro and IndustriAll (see press
release).
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4. Studies
and reports
Collective bargaining systems in the
EU: The Foundation for the Improvement of Living and Working
Conditions (Eurofound) has published an extremely comprehensive report on the
evolution of collective bargaining systems from the end of the 1990s. It goes on to
highlight the main related trends, such as the decentralisation of collective
bargaining (see the
report “Collective bargaining in Europe in the 21st century” and its executive
summary, in English).
- Changes occurring in 2014 in the member
states: The Foundation for the Improvement of Living and
Working Conditions (Eurofound) has also delivered its annual review of changes
that have taken place in the member states in eight chapters (employment
relations, collective actions, wage-setting, health and safety etc.). This
summary (“Developments
in working life in Europe: EurWORK annual review 2014“).
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