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IR Notes 68 – 1 February 2017
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
Frédéric Turlan. Find out more about the IR Share
team on our website
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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
Jean-François Bourrée, Head of industrial relations, BNP Paribas
Why is stress an issue for social
dialogue at European level? Against the backdrop of a banking industry
that is undergoing a radical transformation, acting to prevent
work-related stress is a key issue for the BNP Paribas group and
contributes to greater efficiency and the improved occupational
health and safety of our staff. Complementing existing agreements
and practices, we felt it important, in cooperation with the
European works council, to define certain principles and a shared
foundation that might serve as a reference for HR departments in
each country and each entity affected, as well as for management and
staff. The desire for an agreement on a European scale derives from
the strong European presence of the BNP Paribas group, with more
than 131,000 employees in the 23 countries within the scope of the
European works council, representing nearly 66% of the group’s
workforce worldwide.
During the negotiations, did you
get the impression that this subject is understood in the same
way in all the countries represented on the European works
council? Each
country represented within the European works council has its own
practices in terms of stress prevention, linked in particular to the
cultural and legislative context and also depending on staff numbers
at the entity concerned and the challenges it faces. Nevertheless we
had the desire, together with the European works council, to
establish a shared foundation, with shared definitions and a common
methodology guided by the same broad principles.
What are the key stages in
implementing this agreement? First of all, it is planned to communicate
the agreement very widely, and it will be placed online on the
intranet of each site concerned in Europe and in the language of
each country in which it applies. Afterwards, major priority will be
given to rolling out the agreement and putting its main provisions
in place with the support of the managerial teams and HR departments
in the countries concerned. An initial review of the agreement’s
implementation is due to be carried out with the social partners
during the plenary session in November 2017. Finally, the
application of the agreement will be monitored every two years as
envisaged by the terms of the agreement itself.
You have just completed a round of
negotiations on a kind of European social charter based on three
European agreements. What is the next
stage? This
document forms the third pillar of BNP Paribas’ European social
charter, following on from the agreements signed in July 2012 and
September 2014 on employment management and workplace equality
respectively. In 2017 and 2018, the priority will be to support all
the affected entities in the group as they proceed to roll out the
three agreements constituting the European social charter.
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Diary
7-8 February
Brussels In
cooperation with the Institute for Economic and Social Research (WSI) of
the Hans Böckler Foundation, the European Trade Union Institute (ETUI)
is organising an expert workshop on “Living
wages in Europe“.
24 February
Paris
Conference of the AFDT (French association for labour and
social security law) on discrimination at work, chaired by
Jean-Christophe Sciberras.
3
March Luxembourg
Meeting of the Employment, Social Policy, Health and Consumer
Affairs Council
9-10 March
Brussels
European Council meeting.
3-4 April
Valletta
Informal meeting of Employment and Social Affairs Council.
28 April
Paris
Conference of the AFDT
(French association for labour and social security law) on measuring the
representativeness of trade unions and employers’ organisations.
29 April
Bordeaux
Comptrasec (Centre for Comparative Labour and Social Security Law) (UMR
5114 – CNRS, a joint research unit operated by Bordeaux University and
the National Scientific Research Centre) is holding an international
and interdisciplinary conference on innovation and protection of
health in the workplace, with Professor Robert Karasek, father
of the job demand/control model for assessing work-related stress.
4 May Paris High-level
conference organised by the OECD and the Foundation for the Improvement
of Living and Working Conditions on social
mobility and equal opportunities.
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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
The European
Commission safeguards employee participation rights
The Commission made an unexpected U-turn before the Court of Justice of the European
Union on 24 January during an oral hearing relating to a pending case concerning the
compatibility of German legislation on co-determination with EU law (case
C-566/15, Erzberger/TUI). Under German law, companies having more than 2,000
employees on German soil are obliged to make half of the seats on their supervisory
boards available to employee representatives. As a consequence of this law,
employees who are not based in Germany are permitted neither to vote nor to stand as
a candidate for the position of employee representative on the supervisory board
(see IR
Notes 47 for further details). In the case at issue, a shareholder in the
TUI travel company who is opposed on principle to co-determination takes the view
that the law is discriminatory and infringes, in particular, the free movement of
workers protected by article 45 of the Treaty
on the Functioning of the European Union. In a memorandum dated 9 February
2016 submitted to the Court of Justice, the Commission took a similar line,
suggesting to the Court that it should find that an infringement of the free
movement of workers had occurred, which would result in the German system of
co-determination being called into question. Following intense campaigning by the
trade unions, which were outraged by the Commission’s position, the latter has now
backtracked. On the day of the hearing, the Commission explained, according to its
press
releas, that “Employee participation is an important public policy objective
and any possible restriction on the free movement of workers resulting from such
rules can be justified by the need to safeguard systems of employee participation
and their social objective. As a result, the Commission considers that the German
rules as they stand can be considered compatible with EU law.” When asked, the
Commission wished not to comment on “a pending case” and declined to state whether
this was a one-off case or a genuine expression of faith in national employee
participation arrangements. In fact it is the first time in a number of years that
the Commission has given a social objective priority over an economic freedom of the
EU. A Commission spokesperson stated that “it is completely normal for the
Commission position to evolve as a case proceeds or to be modified once different
arguments have been taken into account”. It now remains to be seen which position
will be adopted by the Advocate General of the Court, whose conclusions are very
often followed by the Court of Justice when it issues its ruling. > On the
same subject, also see Mitbestimmungs-Portal
and Press
release of the Hans Böckler Stiftung.
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1. European
Union
Legislation
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Social
update
Conference on the European Pillar of Social
Rights: The European Commission on 23 January held a
conference in Brussels to examine the outcome of the public consultation on the
European Pillar of Social Rights. It is expected to present its proposal in March.
However, Commissioner Marianne Thyssen already indicated certain aspects in her speech,
such as the need to ensure decent working conditions for all workers – regardless of
their employment relationship, allowing in particular the acquisition of portable
social security rights. The Commission President, Jean-Claude Juncker, highlighted
the establishment of a minimum wage in all the countries applying the Pillar, i.e.
those in the euro area, but also the other countries choosing to follow the
initiative (see Commission press release
and video).
- European Parliament calls for an ambitious
Pillar of Social Rights: The European Parliament on
19 January, by a large majority, adopted a resolution
on a European Pillar of Social Right that demands specific measures to
ensure that the Treaties’ social objectives are upheld and that poverty is
reduced. The MEPs call for a “proposal for a framework directive on decent
working conditions in all forms of employment, extending existing minimum
standards to new kinds of employment relationships”.
> On the
same subject, also see the opinion of the European
Economic and Social Committee (see press
release).
- Worker protection against carcinogenic
agents: Nine European employers’ organisations on 4
January sent a letter
to the members of the European Parliament’s Employment and Social Affairs
Committee asking them not to lower the occupational exposure limit values for
carcinogens proposed by the Commission. The MEPS are scheduled to adopt a report
on 28 February on the proposed revision of directive 2004/37 concerning worker
protection against carcinogenic agents. According to the organisations, if the
values are too low, they will be difficult for employers to enforce.
Furthermore, the letter warns that if the Parliament were to adopt an
over-protective position, this would have the opposite effect because it would
make it difficult to reach an agreement with the Council and Commission, thus
delaying the introduction of measures to improve worker protection (see press
release). “This is a cynical letter,” comments Laurent Vogel, of the
European Trade Union Institute, in response. “For example, the OEL value for
hexavalent chromium proposed by the Commission and defended by the signatories
is the equivalent of one case of lung cancer per ten workers exposed, while
there are a million workers exposed to chromium VI in Europe! It is 25 times
higher than the legal limit value in France or the Netherlands”.
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2. Member
states
Belgium
- Interprofessional agreement adopted:
The social partners on 11 January concluded their
negotiation of an interprofessional agreement which was approved by the three
trade union confederations (CSC, FGTB and CSLB) on 31 January. In particular,
the text provides for wage negotiations in the sectors and at company level to
envisage salary increases of up to 1.1% in the 2017-2018 period. The agreement
revises the early retirement system and sets out an agenda for negotiations on a
number of topics, including burn-out, work organisation, digitalisation and the
collaborative economy (see news
from RTBF, in French).
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Portugal
- OECD pushes for new labour market
reforms: In a report
(in English) published on 19 January, the OECD calls on Portugal to undertake
further labour market reforms (see press
release). The report finds that decentralising collective bargaining has
had “mixed success” and recommends “further increases in the minimum wage” to
address the problem of in-work poverty, while reducing employers’ social
security contributions for minimum-wage workers in order to minimise any
potential job losses. The report contains an annex giving a detailed overview of
the reforms undertaken in the 2011-2015 period.
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United
Kingdom
Self-employed couriers to be reclassified as
workers: The Central London Employment Tribunal on
6 January found that a female courier employed by CitySprint should be regarded as a
worker and not as an independent contractor. A ‘worker’ is a particular
type of employee status in the UK. In fact, a ‘worker’ is neither an employee nor an
independent contractor. Worker status is an intermediate category that gives access
to certain rights, the most important being payment of the minimum wage, the right
to paid annual leave, and a working week that does not exceed 48 hours. The
judgement concerns a woman employed for more than two years as a self-employed
contractor who did not receive a guaranteed wage, holiday pay or sick pay. The
tribunal took the view that she should have been officially classed as a ‘worker”
(see article in The
Guardian newspaper).
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3.
Companies
European
works councils
Fnac: The management of the
French retail chain Fnac, specialising in the sale of cultural and electronic
products (27,000 employees), and a special negotiating body assisted by a consultant
from Syndex appointed by the European trade union federation UNI Europa, on 6
December 2016 signed an agreement
to set up a European works council. On transnational issues, the agreement
uses the definition contained in the directive and states that the EWC is also
competent “regardless of the number of states concerned” to deal with any issue that
“potentially has a major impact on the European workforce or involves the transfer
of activities between states”. As regards coordination between the EWC and the
national employee representative bodies, the agreement provides for them to act
concurrently “to carry out procedures”, while allowing the management and EWC to
agree on an “alternative coordination arrangement” in certain cases. The EWC can set
up working parties to examine cross-disciplinary or cross-sectoral issues. The EWC
has 18 members, including 9 for France (73% of the workforce), 3 for Spain (which is
about to break through the 10% barrier) and 2 for each of the other countries
(Belgium, Netherlands and Portugal). The agreement provides for a member with
observer status to be appointed for Monaco and Switzerland. A European trade union
representative can be invited to meetings. The EWC executive committee can be
mandated “for a defined time period and for a specific mission” to exercise certain
of the EWC’s prerogatives. The EWC has an annual budget for consulting experts of
€ 20,000, excluding the commissioning of a specific expert report in the event of
restructuring, as well as a budget to cover running costs of € 8,000, awarded in
particular to cover internal EWC translations.
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Transnational agreements
Suez: The management of the
Suez group on 1 September 2016 signed a European
agreement on job and skills management with representatives of the European
works council and the European Federation of Public Service Unions. This third
agreement at European level follows on from those on occupational
health and safety and professional
equality. The agreement sets up a “European observatory of occupations
within the group”, whose task is to monitor regulatory, technological and commercial
developments in order to assess their implications for employment and
qualifications. The agreement also provides for a mapping exercise in order to
identify occupations “likely to expand significantly”, strategic occupations,
occupations facing recruitment difficulties, vulnerable occupations facing a
“significant risk of job losses” and occupations whose conditions are unconducive to
life-long careers (non-standard working hours, physically demanding jobs).
- OSM: The management of OSM
Aviation (2,700 employees), the subsidiary of the low-cost airline Norwegian
specialising in the recruitment and deployment of personnel in the civil
aviation sector, on 6 January signed a memorandum of understanding with the
International Transport Workers’ Federation that guarantees the exercise of
trade union rights (see press releases of OSM
Aviation and the ITF).
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Trade
unions
- Aviapartner: The European
Transport Workers’ Federation (ETF) and its affiliates in Belgium, Germany and
Italy on 7 January leafleted workers of Aviapartner (6,000 employees),
a Belgian company specialising in airport ground handling services, to denounce
the poor quality of social dialogue and the fact that the company is not meeting
its legal obligation to inform workers through the European works council (see
ETF press
release).
- Prosegur: The
international trade union federation UNI Global Union has, in Spain, filed a
complaint with the OECD against the private Spanish security company Prosegur.
The federation cites multiple breaches of the OECD Guidelines for Multinationals
in Latin America and India (see press
release).
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4. Studies
and reports
The world of work and the digital
revolution: The European Trade Union Institute held a
conference bringing together a large number of experts in Brussels to discuss social
issues related to the digitalisation of the economy. This subject is the growing
focus of social dialogue, including at transnational level among several European
works councils. The players involved in social dialogue will be able to peruse this
issue of the Foresight
Brief, which is dedicated to the conclusions reached at the
conference. The conference
report is available in English.
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