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IR Notes 76 – 24 May 2017
www.irshare.eu
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Who we are?
IR
Share is a provider that shares information,
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network of experts.
The
team This issue was produced by
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Notes Via the IR
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Editorial
Solidarity with Manchester
Finishing off an issue of IR Notes as a terrorist attack has just cut
down lives in an EU member state is becoming a regular occurrence. Yet
it still provokes the same sense of outrage, the same sadness, and makes
us increasingly wish to cry out for the need to live “united in
diversity”, as evoked by the motto of the EU. As the European Commission
explains, this motto signifies, across the EU, “how Europeans have come
together […] to work for peace and prosperity, while at the same time
being enriched by the continent’s many different cultures, traditions
and languages”. In condemning the perpetual cowardliness of these
attacks, the IR Notes editorial team expresses its deepest sympathy to
the people affected by the Manchester bombing and to its British
readers.
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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
Commission
lays out the basis for beneficial globalisation
Following on from its white
paper on the future of Europe, presented on 1 March, and the reflection
paper on social Europe, published on 26 April, the European Commission on 10
May made public its reflection
paper on harnessing globalisation. The text “aims to launch a debate on how
the EU and its member states can shape globalisation in a way that anticipates the
future and improves the lives of Europeans”. After asserting the benefits of
globalisation both in the EU and the world, the Commission goes on to outline a
certain number of challenges: unfair trade practices by third countries which have
hurt industries such as steelmaking and shipbuilding; a failure to reciprocate when
it comes to granting access to their domestic economy; a reduction in the number of
jobs for those with a lower level of qualifications, resulting in redundant workers
struggling to get a new job, especially when this means acquiring new skills, and
even fiscal optimisation, which allows companies to pay their taxes in low-tax
jurisdictions rather than in the countries where they produce. This practice
deprives “EU governments of tax revenues” and contributes “to unfairness and the
perception that global integration only benefits the bigger companies and well-off
citizen”. Having listed the challenges, the Commission warns that this globalisation
will be radically changed by the digitalisation of the economy. In response, it
rejects the temptation of isolationism – “If we close our borders, others will do
the same. We would all be losers” – and puts forward two courses of action: 1/ To
develop economic cooperation, economic diplomacy and “instruments to ensure a level
playing field”. 2/ Building resilience through better sharing of benefits and
promotion of long-term competitiveness. Social policy forms an integral part of
this, and success is attainable, the Commission appears to be saying, citing
countries that are going in the right direction. It is therefore necessary to
develop “high-quality education and training, such as in Estonia or Finland” which
give citizens the skills and resilience they need to effectively adapt. “Active
labour market policies and effective redistribution policies ensure social cohesion
and help tackle social exclusion — as they do in Denmark, Sweden and elsewhere”. The
Commission thus concludes that “harnessing globalisation therefore starts at home”.
“Europe must act to more fairly share the benefits of globalisation in line with our
principles of solidarity and sustainability”. On reading this document, the European
Trade Union Confederation welcomed the efforts of the Commission which, it said, had
“taken a long time” to acknowledge that “globalisation has to be fairer” (see press
release). “The answer to globalisation,” explains ETUC Confederal Secretary
Liina Carr, “is not to close borders […] but to apply rules that prevent a downward
race to lower wages, bad employment conditions, social dumping and exploitation, and
multinational companies dodging tax and avoiding labour law”. When the document was
presented before the European Parliament, the MEPs “called for better protection for
EU industry and workers and urged the EU to take the driving seat in promoting fair
global trade” (see press
release). A number of MEPs called for an action plan “to avoid a social race
to the bottom” and argued for better redistribution of globalisation’s benefits by
member states to their citizens.
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1. European
Union
Legislation
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Sectoral
social dialogue
- The European social partners in the
fishing sector stand up against forced labour: The
European social partners in the sea-fisheries sector (ETF, Cogeca and Europêche)
on 10 May signed a resolution
calling on the EU to take up its responsibilities and end the forced labour
practices suffered by workers from third countries in EU waters. The inspections
of the International Transport Workers’ Federation (ITF) highlighted
infringements including intimidation and threats, retention of identify
documents, withholding of wages and debt bondage “These breaches […] that are
harming fishermen and put them in inhuman conditions happen under the watchful
eye of the European Union and its member states,” criticises Flemming Smidt,
spokesperson of the workers’ representative. “This is completely unacceptable
and unworthy for a Union that is condemning in the strongest terms such immoral
practices outside EU waters!” (See press
release.)
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2. Member
states
Belgium
- Code on well-being at work:
The code for well-being at
work, which was promulgated on 28 April, brings together all the relevant
regulatory provisions relating to workers’ well-being (see press
release).
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Denmark
- New collective agreement in the financial
sector: The social partners in the financial sector have
concluded a new, 3-year collective agreement that provides for a general wage
rise of 6% over three years, an increased contribution to the fund for
developing the skills of the sector’s employees, greater flexibility in working
time arrangements for companies within the framework of a company-level
agreement, and the establishment of five working groups to deal with particular
issues such as the evaluation of the time-bank system, on-call work/duty, and
the health and safety of insurance agents (see UNI Europa press
release).
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Italy
New reform of the labour
market: The Senate on 10 May definitively adopted a law
modifying certain forms of employment. The law has two components: the first, which
is being presented as the “Jobs Act” for the self-employed, modifies the status of
non-salaried workers when they are not acting as self-employed entrepreneurs. These
workers are to benefit from more protection (e.g. compensation in the event of
serious illness, right to parental leave, payment of an allowance during maternity
leave), especially if they work for a single principal. Elsewhere, the definition of
economically-dependent (quasi-subordinate) workers is modified and their duties must
now be defined by agreement. The second component introduces “smart working” as a
method of work performance free from specific restrictions concerning the schedule
or place of work and characterised by the use of technological tools. The practical
arrangements are to be defined by agreement between the employer and the employee.
Workers in this category will benefit in particular from a right to disconnect as
well as coverage for accidents at work and when travelling to and from work.
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Ireland
Towards greater transparency surrounding wage
inequality: The new
programme for government, adopted on 11 May, puts forward new measures to
reduce the gender pay gap, in particular by requiring companies with 50 and more
employees to complete a wage survey to reveal the differences in pay between women
and men. A similar system was set up in the United Kingdom at the beginning of the
year for companies of 250 or more employees. The aim is to force companies to be
transparent so that they will be prompted to eradicate differences in treatment. In
other respects, the government wishes to achieve female representation on state
boards of 40%.
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Luxembourg
- New legislation to reduce wage
inequalities: During a press
conference, the government presented the labour law component of the law of
15 December 2016 which allows employers to be fined from €251 to €25,000
when a difference in wages cannot be justified for objective reasons and is
based on gender considerations. Companies are invited to use the Logib-Lux
software to help identify possible causes of wage inequality.
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3.
Companies
European
works councils
Air France KLM: The European
works council of the Air France KLM Group on 5 April issued a
negative opinion on the planned closure of the Transavia base in Munich
(Germany). The base, which opened in March 2016, was the subject of a closure
decision by Transavia’s board of management on 10 February, which is “less than a
year after the start of operations”, insists the EWC. The latter “deeply regrets”
this decision and that “that its opinion is requested on a decision already taken”
and that, in any case, any recommendations that the EWC might make “cannot be taken
into account”. The EWC asked the management “to provide social monitoring of the 108
employees who will lose their jobs at the end of October 2017”, while at the same
time expressing the view that their employer, Transavia NL, “has not done everything
to support the employees who are losing their jobs”.
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European
Companies (SE)
HelloFresh: The German company
HelloFresh, which was formed in 2011 and delivers boxes to customers’ doors
containing all the ingredients needed to prepare culinary recipes at home, has been
converted to a European Company (SE) after concluding an agreement
on the involvement of employees in the SE on 7 November 2016. The SE works
council has three members, from Germany, the Netherlands and United Kingdom
respectively. An additional member is to be appointed if the headcount exceeds 3,000
in a country. The SE works council meets once a year. In case of exceptional
circumstances, it can be convened physically but also in the form of a
teleconference, by email or other appropriate means of communication. The agreement
rules out for the future any participation of workers in the supervisory board, as
co-determination did not exist in the group at the time of conversion to an SE.
- UBS: The management of the
Swiss bank UBS and a special negotiating body comprising representatives of
employees of European branches on 11 August 2016 signed an agreement
on the involvement of employees in the European Company (UBS Europe SE).
The SE works council (SEWC) has at least one representative for each country
having at least 30 employees. The SE works council has 15 members and elects
from its members an executive committee comprising five people, including the
chairman of the SE works council. The number of members of the executive
committee will be increased if the number of members on the SEWC also rises (to
7 members if the SEWC consists of between 16 and 20 members). The SEWC, which
meets at least twice a year, is competent for transnational matters, but not
those affecting only one country, which seems to contradict the requirements of
the directive on the involvement of workers in European Companies. Nevertheless,
an extraordinary meeting of the SEWC can be called where a plan affects only one
country but has implications for a number of employees equivalent to at least 1%
of the headcount of the group. In other respects, the agreement allows members
of the SEWC from at least four countries to approach management concerning
matters which, according to them, require an extraordinary SEWC meeting to be
called.
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Transnational negotiations
Schneider Electric: The
management of Schneider Electric (110,000 employees) and the European trade union
federation IndustriAll Europe on 18 May signed a European
agreement on the anticipation and development of competencies and
employment, which replaces a previous
agreement on the subject signed in 2007. The new agreement establishes a
“European skills and employment observatory” with a view to providing “an overview
on how jobs are changing, in terms of volume and skills involved, over several years
via a social diagnosis” based on various social indicators. To ensure employability
is preserved and skills are developed, the agreement envisages in particular: a
right for all employees to have an annual career development discussion. The aim is
to establish a profile of the employee’s career history and if applicable define a
career plan, and to identify mechanisms to allow employees to progress in their
current or future position. The discussion may lead to job training or mobility
being proposed. In other respects, the group “guarantees access to job training for
all”, providing each employee with at least seven hours of training per year. The
group also undertakes to attain a level of external recruitment of 42% of women and
50% of young people. The agreement contains a section on the management of
reorganisations having consequences for employment, indicating a series of measures
to be observed across all entities. Finally, to promote social dialogue at national
level, the signatory parties “have decided that in each member country of the
agreement which does not already have an employee representative body to set one up”
(see joint
press release of Schneider Electric and IndustriAll Europe).
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Trade
unions
Orpea: As part of an initiative
aimed at organising the employees of multinationals in the social care sector (see
press
release), the European trade union federation EPSU on 4 and 5 May in
Brussels brought together employee representatives of the French group Orpea (43,000 employees), the
European leader in high dependency care, with a view to establishing trade union
coordination (see press
release).
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4. Studies
and reports
Publication of the county-specific
recommendations: the European Commission on 22 May presented
its country-specific recommendations for 2017, in which it sets out its economic
policy guidance for the individual member states over the next 12 to 18 months (see
press release).
The recommendations
are available online, in English and in the relevant language version of the country
concerned. This important document sets the tone for European policy as regards
economic and social governance. The European Trade Union Confederation highlights
some positive changes compared to previous years, although it directs some
criticisms towards the Commission (see press
release). A press release has not been issued by BusinessEurope.
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