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IR Notes 48 – 24 February 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 Alain Lefebvre 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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Interview
Elena Crasta, senior policy officer at the Trades Union Congress
(TUC)
What
is the position of the British Trades Union Congress in
relation to the “Brexit”? We have not
adopted an official position yet. We await the decisions that will
be taken by our members following current negotiations at the
Council. As things stand, certain trade unions are in favour of
remaining in the EU, but others – at present the railway workers’
and train drivers’ unions – have already announced that they will
campaign to leave the EU. When the referendum date is announced and
the campaign begins, we will ensure the workers’ voice is heard.
Indeed, taking account of the opinion polls, the result will be very
close, so every worker’s vote will count.
Have
you considered the consequences of a decision to leave the
EU? We have studied the potential
effects of this option on investments, trade and social rights. Our
conclusion is that the consequences would be disastrous. 40% of the
UK’s external trade is done with the European Union, and between 3
and 4 million jobs are directly linked to trade with EU countries.
Even if all these jobs are not lost, some of them will be, and the
quality of new jobs will be limited. Indeed, most of the social
rights that protect British workers stem from European legislation.
Leaving the EU risks resulting in these social rights being
destroyed. We have the feeling that meeting workers’ needs is not
the prime aim of the Prime Minister’s initiative in negotiating a
revised treaty. It is about preserving the interests of the City of
London, avoiding too much convergence with other countries’
economies and saving money on the health service by excluding
migrants from some benefits.
Are
the British people in favour of benefits being withdrawn
from migrants ? This is not really
something that employees are concerned about. They understand that
the source of their difficulties lies particularly in low salaries
and the exploitation of workers by unscrupulous employers. At
present, the government’s plans are aimed at excluding 84,000 EU
nationals from social benefits paid for by the United Kingdom
government, which would represent a saving of 530 million pounds per
year – an amount equivalent to the shortfall in the state budget
caused by the fiscal optimisation practices of the Google group in
the UK. Attacking European citizens who are exercising their
mobility is therefore not necessarily the priority… At any rate, one
thing is clear: the workers will be more inclined to vote to remain
in the EU if they are convinced that the EU will protect them and
grant them more rights.
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Diary
7 March Berlin Official
opening of an exhibition on works councils and worker participation in
supervisory boards since 1945 (“Vom
Wert der Mitbestimmung, Betriebsräte und Aufsichträte in Deutschland
seit 1945“), with addresses by Reiner Hoffmann, president of the
DGB, and Yasmin Fahimi, state secretary in the federal ministry of
labour and social affairs.
7-10
March Brussels Plenary
session of the European Parliament.
10
March Paris Conference at
the Collège de France by the Association française de droit du travail
entitled “Réformer le droit du travail ? Une approche
franco-britannique” (Reforming labour law? A Franco-British approach),
with Professor Mark Freedland of Oxford University and an introduction
by Professor Alain Supiot, holder of the chair for “état social et
mondialisation : analyse juridique des solidarités” (welfare state and
globalisation: legal analysis of solidarity).
11
March Paris Seminar on
employment policies entitled “les
conditions du licenciement sont-elles un obstacle à une bonne
conciliation de la nécessaire protection du salarié avec les besoins
de l’efficacité économique?“, (Are the conditions for redundancy
an obstacle to striking the right balance between the necessary
protection of the employee and the needs of economic efficiency?)
organised by the French economy, finance and labour ministries.
17 March Brussels Monthly
Forum of the European Trade Union Institute on “The
social reality of Europe after the crisis“, with Lord (Roger)
Liddle, chair of Policy Network, member of the House of Lords and member
of the FEPS Scientific Council; Montserrat Mir, ETUC Confederal
Secretary; and Ernst Stetter, FEPS Secretary General.
18
March Brussels Conference
organised by the European Commission on the
European professional card.
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
confidentiality.
8
April Paris Panthéon-Assas
(Paris II) University is holding a colloquium on “the articulation of
standards in labour law” which will shed light on the reforms currently
under way in France. For information and to register:
tel.+ 33 (0)1 53 63 53 31 or email lebret@u-paris2.fr
28
April Brussels Conference
organised by the European Commission devoted to reforming
the regulation of professions, as well as national action plans
to address outdated or disproportionate regulation.
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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
Civil
society takes up Schengen defence
The free movement of people, one of the founding principles of the European Union, is
under attack from all sides. The United Kingdom, in its negotiations with the other
governments aimed at averting a “Brexit”, intends to reduce access to social
benefits paid to European citizens exercising their right to mobility. The result
will be to hamper and complicate the movement of people seeking to move to that
country in search of work. In other respects, the migrant crisis and the reaction of
France following the 13 November attacks has led a number of countries to suspend
one of the pillars of the Schengen Area by re-introducing border checks. On 17
February, the European Economic and Social Committee (EESC), which represents
European civil society, adopted a resolution
by 216 votes to 1, with 4 abstentions. The members of the EESC are “increasingly
concerned about the pressure being put on the Schengen Agreement” and call on
“Europe’s governments not to bow to populist pressure and fear but instead to defend
the rights we have striven for”. This agreement is “aimed to promote the union of
the peoples and solidarity between the peoples. Undermining it, therefore, in
addition to having alarming economic consequences, would amount to a potentially
fatal blow to solidarity and to the Union itself,” the Committee insists. As for the
economic consequences of abandoning Schengen, France Stratégie, a French think-tank
attached to the government, estimated that this would cause a reduction in GDP by
0.8 points, equivalent to more than 100 billion euros, for the countries in the
Schengen area (“The
Economic Cost of Rolling Back Schengen“, analytical note No. 39, February
2016). In its analysis, France Stratégie in particular measured the impact on
cross-border workers, tourism and freight transport. For France, “the short-term
direct costs related to these impacts” are assessed “to be between one and two
billion euros per year. This evaluation does not take into account the necessary
budget for implementing the controls”. “In the long run, the loss for France is
estimated at around 0.5% of GDP, amounting to more than 10 billion euros, with
regard only to the decrease in bilateral trade between countries belonging to the
Schengen Area”. This cost would be catastrophic at a time when the OECD growth
forecast has been revised downwards. Furthermore, as underlined by the Brussels
correspondent of the French daily newspaper Libération in his blog
(in French), “Schengen is primarily about the establishment of European police and
judicial cooperation (…), which would disappear if it came to an end”. Restoring
internal borders would undermine an acquis which should in fact be strengthened.
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1. European
Union
Legislation
- Personal protective equipment
(PPE): The Council on 12 February definitively adopted
the new regulation
on personal protective equipment, which supersedes directive
89/686/EEC of 21 December 1989. The new rules apply to all PPE intended
to be placed on the market and/or to enter service for the first time on the EU
market. They set out the health and safety requirements and establish the
conformity assessment procedures which have to be followed by manufacturers,
which will then be able to place the “CE marking” on their products (see
European Council press
release).
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Social
update
Update on the concessions obtained by the
United Kingdom pertaining to employment and social affairs:
The agreement
on the guarantees granted to the United Kingdom arrived at on 19 February by the
member states of the European Union does not permit the United Kingdom to opt out of
European legislation relating to employment and labour law, although the EU can be
instructed to review its laws from the perspective of subsidiarity and to check that
current legislation does not represent an excessive burden in terms of red tape,
particularly for SMEs (see p. 32 of the document). This approach could eventually
legitimise a certain probing of existing legislation, concerning health and safety
at the workplace for instance. In connection with free movement, the United Kingdom
obtains an option right – which will also be open to the other member states – to
index the level of family allowances paid for a resident’s children who have
remained in their country of origin (see p. 33 of the document). In exceptional
circumstances, the United Kingdom will be permitted to withhold payment of certain
social benefits of a non-contributory nature (that is to say financed from taxation
and not from social security contributions) to EU citizens intending to settle on
its soil, for a period of four years (see p. 23 of the document). Over this period,
provision is made for gradually increasing the access to benefits as the worker who
has exercised his right to mobility becomes more and more integrated in the British
labour market.
- Aid for employees made redundant by Volvo
Trucks in Sweden: The European Commission on 16 February
proposed an aid payment of 1.8 million euros from the European Globalisation
Adjustment Fund to Sweden to help 500 of the 647 employees dismissed by Volvo
Trucks and four of its suppliers as a result of the slump in the market for
commercial goods vehicles in the road transport sector (see Commission press
release).
- Mobilisation in support of the steel
industry: The industry alliance AEGIS Europe, the
employers’ organisation of European steel producers, Eurofer, and the sector’s
trade union organisations led by the IndustriAll European trade union federation
on 15 February mobilised several thousand people in Brussels in a protest
against the importation of Chinese products in the EU at prices posing a threat
to the European industry (see press releases of Eurofer,
AEGIS and IndustriAll).
The European Commission on 12 February launched new anti-dumping investigations
with a view to establishing whether three steel products have been dumped on the
EU market (see press
release). Numerous professional and trade union organisations have
adopted a European
manifesto for free and fair trade“.
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Social
dialogue
- European negotiation on active
ageing: As provided for in the 2015-2017 work programme,
the European social partners will on 18 March launch inter-professional
negotiations with a view to concluding an autonomous framework agreement aimed
at “fostering active ageing and an inter-generational approach”. A preparatory
seminar was held on 9 February in Brussels. National presentations are available
on the website of the European trade union federation EPSU.
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2. Member
states
Belgium
Strike reform negotiation
fails: On 18 February the social partners at federal level
failed to reach agreement on revising the right to strike. “We could not accept the
risks of sanctions against activists who were not involved in the illegal acts,”
explains Marc
Goblet, general secretary of the FGTB. “Furthermore, we did not want all
trade union action to be banned, e.g. blockades of industrial areas, roads and
roundabouts.” The CEO of the Federation of Belgian Enterprises (FEB), Pieter
Timmermans, appears to favour further social consultation (see FEB
position statement).
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Finland
- Planned relaxation of rules governing
employment contracts: The government has opened for
public consultation a report that aims to make certain labour law rules more
flexible. The report contains three main proposals: 1. To allow fixed-term
employment without any specified reason (whereas at present fixed-term contracts
are permitted only if there is a valid reason), and for a maximum of three times
during a year. 2. To extend the trial period for new employees from four to six
months, allowing employers to terminate the contract without stating any reason.
3. To shorten the obligation to re-employ a worker dismissed for economic
reasons should new work arise in the company, from nine to four months. (See
article in the trade union bulletin Trade
Union News from Finland.)
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France
Towards a new reform of labour law:
Draft
legislation “aimed at establishing new freedoms and new protections for
businesses and employees” was sent for opinion to the Council of State on 17
February. The text precedes the rewriting of the Labour Code, a draft of which is
expected to be presented in two years’ time, but already modifies certain sections
on working hours, redundancies and collective bargaining. All the measures presented
are in line with the reforms undertaken in other member states aimed at increasing
the flexibility of working hours and decentralising collective bargaining by
strengthening the role of company-level agreements. The text also aims to reduce the
cost of redundancies and, for employers, to provide certainty around dismissals for
economic reasons by specifying in the law the grounds judged to be admissible; this
reduces the scope for judicial interpretation should the reasons for redundancy be
challenged. The bill will be presented to the French cabinet on 9 March before being
considered by parliament by May. It could be adopted before the summer. While the
trade unions oppose many aspects of the bill, the employers’ organisations generally
believe that it is going in the right direction.
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Portugal
- Reduction in employers’ contributions:
The government on 18 February
decided to keep the reduction in the social security contributions for
employees paid at the minimum wage at 0.75 percentage points, thus setting
the level of employers’ contributions at 23%. The minimum wage rate of 530
euros that has applied since 1st January must rise to 600 euros by 2019
according to a bill proposed by the new government, which brings together
the socialist party and the radical left. At present, 500,000 employees
receive the minimum wage.
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3.
Companies
European
works councils
- Owens-Illinois (O-I): The
American glass packaging specialist Owens-Illinois
(27,000 salariés) on 15 October 2015 signed a new European
works council agreement to take into account the content of directive
2009/38. Unlike the preceding agreement, which was concluded under the law of
France – the member state where the group has the most employees (around 2,000)
– the new agreement is governed by Italian law.
- Praxair: The American
supplier of industrial gases Praxair (27,000 employees), which had created a
European works council in 2012 (see agreement),
is about to enter negotiations to revise its agreement.
> Also see: new European
works Councils set up by McBridge.
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4. Studies
and reports
Work-life balance: The French
research institute IRES has published a review
dedicated to current developments and the status of two instruments serving the
work-life balance, that is to say leave granted to parents (e.g. parental leave and
paternity leave) and childcare structures, in several OECD countries. This issue
contains the “state of play of work-life balance mechanisms and examines the extent
to which the crisis has exacerbated tensions and difficulties that already existed”.
The articles from different countries seem to indicate that the work-life balance
schemes have to some extent been “spared” by the crisis.
- The effects of digitisation: The European Trade Union Institute
has published a working paper on “Digitalisation
of the economy and its impact on labour markets” which has highlighted
four main impacts: job creation, job change, job destruction and job shift.
According to its author, Christophe Degryse, “There seems to be an emerging
consensus concerning an increased polarisation of the society of tomorrow, with
a shrinking middle class, a strong increase in low-income workers and
households, and the explosion of a tiny minority of ‘superstars’ whose wealth
levels are literally exploding”.
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