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IR Notes 45 – 13 January 2016
www.irshare.eu
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Who we are?
IR Share is
a provider that shares information, documentation and expertise for HR
managers and employee representatives. The IR Share agency operates by
way of online publications, working groups, training devoted to relevant
topics and a network of experts.
The team
This issue was produced by Stepanka Lehman and Frédéric
Turlan. Find out more about the IR Share team
on our website
Subscribe to IR
Notes Via the IR
Share website or by calling us on:
+33 (0)6 81 41 53 95 or
E-mail: frederic.t@irshare.eu
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Diary
21 January Paris Meeting of
the EWC Club, organised by Astrees and IR Share, on the
role of European Works Councils in digitalisation, with
presentations by Olivier Pelras, secretary of the AXA Group EWC,
Philippe Mangion, industrial relations manager at Airbus, and Christian
Bradier, secretary of the Michelin European Works Council. Tel.:
+33 (0)6 81 41 53 95 or frederic.t@irshare.eu
26 January Brussels European
Trade Union Institute monthly forum on the subject of “The
European Court of justice and atypical work: halting labour market
dualization?“, with Caroline de la Porte, (Department of Society
and Globalisation, Roskilde University, Denmark), Pascale Vielle
(University of Louvain) and Philippe Pochet (ETUI).
24 and 25
February Brussels EWPCC
conference “Building
Bridges: combining information, consultation and board-level
employee representation in European multinationals“. One of the
topics will be the possibilities for linking various forms of workers’
participation with employee representation on company boards.
31 March Lisbon Final
seminar in the European project “Managing transnational employee
representation”, organised by the Astrees-IR Share-FNV Formaat/SBI
consortium, with presentations on recommendations concerning the
management of transnational issues, the articulation between national
and European information and consultation processes, and on data
privacy.
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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
Transparency
is necessary before an agreement making membership of a social insurance scheme
compulsory is extended
In France, social partners can enter into industry-level collective agreements to
establish a system of insurance that supplements the cover provided by the basic
social security system, in order to improve workers’ social insurance and health
cover. Until 2013, the signatories, in their agreement, often used to appoint a body
to be responsible for managing this supplementary system. They also asked the
Ministry of Employment to extend the agreement to all employers and all employees in
the industry. Membership of the supplementary system therefore became compulsory and
the employers and workers covered were obliged to subscribe to it. The Court of
Justice was asked to rule on an insufficient degree of transparency, not in the
procedure for appointing the body, but in the procedure for extending the agreement,
in the light of the requirement for transparency in article 56 of the Treaty. The
Court held that a decision to extend an agreement providing for the appointment of a
single body for “compulsory supplementary social insurance” is “conditional upon the
obligation of transparency being complied with” (CJEU
17 December 2015, cases C-25/14 and C‑26/14, UNIS and Beaudout). Although
the extension procedure did not fulfil this requirement for transparency (see
paragraph 45 of the ruling), the government nevertheless succeeded in “maintaining
the effects of the extension decision at issue” in order not to cause damage to the
employers and workers concerned. The effects of the Court’s ruling will concern
extension procedures undertaken after “the date of delivery of the present judgment,
without prejudice to legal proceedings brought before that date”. From 2014, the
social partners have no longer been able to include appointment clauses, only
recommendation clauses in favour of one or two bodies chosen following an invitation
to tender.
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1. European
Union
Social
affairs news
- A two-speed Europe: The
Italian and British ministers of foreign affairs, Paolo Gentiloni and Philip
Hammond, published an article
in the British newspaper The Daily Telegraph on 15 December, in which they
stated that they have a different vision of the European Union, the Italians
wanting greater integration whereas the British prefer to confine the Union to
its role as a common market. However, they agree on the idea of reforming the
Union and accept the idea of a two-speed Europe, one pursuing the project of
integration within the eurozone. This vision has been roundly condemned by the
European Trade Union Confederation (see press
release).
- Integration of refugees:
On the eve of a European Council that once again failed to find a robust common
solution for receiving the refugees who are managing to enter the EU, the
European Trade Union Confederation published a press
release. This follows Luca Visentini, the secretary-general of ETUC, in
reaffirming that “the integration of refugees is the only solution: inclusion in
society, and in work wherever possible. This means investment in additional
public services and increased action to ensure equal pay for equal work”, in
particular via collective bargaining to “reach agreements between employers and
workers for the integration of refugees into work”.
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Case
law
- Compensation for a discriminatory
dismissal: The Court of Justice of the European Union
gave judgment, on 17 December, in a Spanish case concerning a female worker who
had been dismissed for a discriminatory reason. The court dealing with the case
held that she had indeed been a victim of discrimination on grounds of sex, but
it had a doubt concerning the amount of compensation to award. According to the
Court, the loss or damage suffered amounted to 3000 euros. However, the
complainant requested double that figure. The court dealing with the case turned
to the Court of Justice for clarification of the interpretation of article 18 of
Directive 2006/54. This article states that compensation or reparation for
damage suffered as a result of discrimination must be awarded “in a way which is
dissuasive and proportionate to the damage suffered”. Does the law of the
European Union require that the penalty goes beyond the damage itself in order
to be “dissuasive”? For the Court of Justice, although nothing prevents a Member
State from making provision for dissuasive compensation, the law of the European
Union does not require it (CJEU
17 December 2015, case C 407/14, María Auxiliadora Arjona Camacho v.
Securitas Seguridad España SA).
- Endocrine disruptors: On
16 December, the General Court of the European Union found the European
Commission guilty of failing to comply with European Union legislation intended
to protect the population, including a large number of workers, from endocrine
disruptors (see press
release of the Court). In its decision (EGC,
16 December 2015, case T‑521-14, Sweden v. European Commission, only in
French), the Court held that the impact analysis initiated by the Commission
before presenting a legislative proposal was without foundation in law.
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Sectoral
social dialogue
Central government bodies: On
21 December, the European social partners in the central government
sector adopted a framework
agreement intended to ensure that civil servants and employees of these
government bodies benefit from a set of minimum standards on informing and
consulting. The text will be submitted to the European Commission so that the latter
can prepare a Council decision intended to make the text applicable at Union level,
through a European directive. The agreement sets out the definitions that have
become standard in European social legislation (see press release of EPSU, and the press
release of the European Trade Union Confederation).
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Trade
unionism
Company policy: At a meeting of
its executive council on 2 December, the European trade union federation IndustriAll
approved two important texts which renew its policy concerning companies: first, a
resolution entitled “Strengthening
our capacity to anticipate and deal with change in national and multinational
companies in the EU” ; and second, some internal recommendations concerning
“transnational company restructuring” entitled “Towards
strengthened trade union cooperation and greater solidarity“. The aim is to
involve workers in the decision-making process as early as possible. The federation
notes that worker participation in European works councils “is often a pure
formality and has limited impact”, and that “all too often EWCs are still presented
with a ‘fait accompli’” (see press
release in English only).
- European trade union representatives from
the automotive sector go to China: Trade union
representatives from vehicle manufacturers such as Volkswagen, BMW, Daimler,
PSA, Renault, Volvo, AB Volvo, Honda and Toyota, as well as trade union members
from IG Metall (Germany), IF Metall (Sweden), UNIFOR (Canada) and JAW (Japan)
took part in workshops with representatives of Chinese workers, from 24 to 26
November 2015 (see press
release of IndustriAll Global Union).
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Belgium
- Electronic meal voucher:
From 1 January 2016, employees will only be able to use
electronic meal vouchers when they buy items from traders. This makes Belgium
the first European country to change over completely to electronic meal
vouchers.
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Czech
Republic
- Collective agreement for central
government bodies: After several rounds of negotiations
with the trade unions, the Czech government has, for the first
time, made a collective agreement at central government level. This historic
agreement was signed on 22 December and involves over 69,000 civil servants
working in central government bodies. The agreement standardises certain fringe
benefits that apply in central government and provides for annual negotiation of
salary increases. The agreement is valid until 31 December 2016, and can be
extended after that date.
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Greece
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Luxembourg
- Reform of parental leave:
On 16 December, the Council of
Government approved the draft law reforming parental leave. The
fixed-rate payment currently made, which amounts to 1,778.31 euros per month for
full-time leave and 889.15 euros per month for part-time leave, is replaced by a
true replacement income ranging from 1,922.96 euros to approximately 3,200 euros
per month. Workers will be able to request an organisation of parental leave
that makes it more flexible (a 20% reduction in working time, leave split into
four periods of one month spread over 20 months) instead of having only the two
current options: full-time leave or part-time leave.
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3.
Companies
European
Works Councils
Avril Group: The management of
Avril (formerly Sofiprotéol), the French industrial and financial group specialising
in the oils and proteins sectors and employing 8000 workers, signed an agreement
(also available in Polish
and Romanian)
on 14 December establishing an EWC. It comprises 12 members, of whom 6 are French
and 2 are Romanian, other countries having one representative each. The agreement
specifies that the council is competent to deal with matters concerning the whole
group or at least two sites in two different countries, and also with “matters that
have potential social consequences or a potential impact for European workers – at
least 30 jobs affected – or that involve transfers between Member States”. The
agreement is unusual in stating that the composition of the EWC must “promote parity
between men and women”. It will consist of one representative for each country where
there are between 50 and 500 workers (Germany, Belgium, Poland, United Kingdom) and
then of additional representatives depending on the number of workers, thus giving
two seats to Romania and six to France. The text provides for observers to be
appointed for countries outside the European Union where the group employs at least
500 workers, as is the case for Morocco. The council will meet in plenary session
once a year and the Select Committee will hold at least three meetings a year, of
which one will be physical and two will be videoconferences or even, in the case of
extraordinary meetings, teleconferences (see also press release of EFFAT).
- CNH Industrial: At
a meeting in Turin held from 24 to 26 November 2015, a European
works council was established within this Dutch company, which employs 41,000
workers and is the product of a merger between the Italian group Fiat Industrial
and CNH Global, a Dutch company specialising in agricultural machinery (Case and
New Holland).
- Ferrero: The Italian
confectionery group Ferrero revised its European
works council agreement on 7 October 2015. One new feature of the
agreement is the establishment of a “health and safety laboratory”, responsible
for raising awareness and for the exchange of information, experiences and good
practice in these matters. A permanent working group, consisting of one
representative for each country represented on the EWC, will meet at least once
a year, with an expert in attendance, in order to schedule the activities of
collecting and circulating information and good preventive practices, and also
to propose awareness-raising, information and training initiatives to the EWC.
The EWC’s website has a special area for the Laboratory’s activities.
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Trade
unions
- Smurfit Kappa: At a
meeting held by the international trade union federations UNI Global Union and
IndustriAll Global Union in Warsaw on 13 and 14 December, trade union
representatives from the packaging group Smurfit Kappa (43,000 workers), from
ten different countries, set up a worldwide trade union alliance (see press
release from IndustriAll Global Union). A letter
(in English) has been sent to the management expressing disappointment at the
lack of any response from the management to two letters asking for a social
dialogue to be established in the group at global level.
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4. Studies
and reports
- Unemployment continues to
fall: According to the latest Eurostat figures, the
unemployment rate fell by 0.1% between October and November, in both the
European Union (from 9.2% to 9.1%) and the eurozone (from 10.6% to 10.5%). Over
one year, the most marked decreases have been registered in Spain (from 23.7% to
21.4%), Bulgaria (from 10.6% to 8.8%) and Italy (from 13.1% to 11.3%). (see press
release of Eurostat).
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