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EU Level developments

• 21 Dec 2007
  EU Level: European partnership for anticipating change in automotive industry

  In early November 2007, a new ‘European partnership for the anticipation of change in the automotive industry’ was formed by the European Commission, the European Automobile Manufacturers’ Association, the European Association of Automotive Suppliers and the European Metalworkers’ Federation. The aims of the partnership are to monitor developments in the industry and to exchange know-how on managing restructuring in a socially responsible way.

• 03 Dec 2007
  EU Level: Social partners make breakthrough on flexicurity guidelines

  On 18 October 2007, the European social partners, at the request of the European Commission, made a major breakthrough in drawing up a set of guidelines for defining ‘flexicurity’. The recommendations agreed on at this tripartite summit are designed to help inform the social partners, predominantly at national level, when negotiating changes in labour market regulations.

• 19 Nov 2007
  EU Level: Landmark international framework agreement signed in media sector

  In July 2007, the International Federation of Journalists and Europe’s leading newspaper publisher, the Westdeutsche Allgemeine Zeitung (WAZ) Media Group, signed the first-ever international framework agreement in the media sector. The agreement aims to protect the freedom of the press, as well as to promote quality standards in journalism and to secure fair working conditions for employees in the media.

• 19 Nov 2007
  EU Level: ETUC adopts Charter on gender mainstreaming in trade unions

  At its congress in Seville on 21–24 May 2007, the European Trade Union Confederation (ETUC) adopted a Charter on ‘Gender mainstreaming in trade unions’. The charter is based on the findings of a survey on ‘Women in trade unions: bridging the gap’, which was published in the autumn of 2006 and presented at a conference held in Berlin in March 2007. The charter aims to enhance ETUC’s commitment to gender equality.

• 19 Nov 2007
  EU Level: European Court rules that parental leave can be deferred due to pregnancy

  In the case of Ms Kiiski versus the City of Tampere, the European Court of Justice (ECJ) has ruled that a woman has the right to defer a period of parental leave already granted, in circumstances where she is again pregnant and entitled to maternity leave under Council Directive 92/85/EEC. The ECJ makes it clear that workers on parental leave remain in an employment relationship and that pregnant women do not need to be exposed to an occupational risk to gain entitlement to maternity leave.

• 09 Oct 2007
  EU Level: Suez group signs three international framework agreements

  Since August 2006, intensive negotiations have been taking place at the energy and environment company Suez between central management and employee representatives in relation to the company’s international human resources policy. Although the parties have not yet reached an agreement on all points, three international framework agreements were signed by 3 July 2007.

• 09 Oct 2007
  EU Level: French company first to adopt European company status

  On 14 May 2007, management and employee representatives of the reinsurance SCOR Group concluded an agreement on the constitution of a Common European Companies’ Committee and the participation of employee representatives on the board of directors. SCOR is the first listed French company to sign a European company (Societas Europea/SE) agreement. Management believes that the move will strengthen its multinational identity and facilitate financial flexibility.

• 09 Oct 2007
  EU Level: Commission issues Communication on tackling gender pay gap

  In July 2007, the European Commission published a Communication on the pay gap between women and men in the EU. The Communication showed that a wage gap of 15% persists in the EU, and that considerable differences emerge among the 27 Member States. It also identifies four areas for future action to improve the situation and to approach the objectives set out in the Roadmap to Gender Equality 2006–2010, including possible new legislation.

• 24 Sep 2007
  EU Level: European Globalisation Fund to assist redundant workers

  Since January 2007, employees affected by restructuring resulting from increased international competition can seek financial support from the European Globalisation Adjustment Fund (EGF) to help them regain employment. In June 2007, the European Commission announced that the first EGF applications – those made by the French government on behalf of two car suppliers – had been forwarded to the European Parliament and the European Council for ratification.

• 24 Sep 2007
  EU Level: Schneider Electric and European Metalworkers’ Federation sign agreement on anticipating change

  The agreement reached in July 2007 between Schneider Electric and the European Metalworkers’ Federation on ‘Anticipating change’ represents another key development in the emergence of a European industrial relations system. This European framework agreement is designed to ensure that change involves the social partners, and is not detrimental to Schneider’s employees. In particular, the agreement commits the company to promoting lifelong learning.

• 17 Sep 2007
  EU Level: ETUC presents trade union demands to Portuguese Presidency

  In late June 2007, a delegation from the European Trade Union Confederation (ETUC) met with the Portuguese Prime Minister to present its trade union memorandum of demands for the next six months. In the document, ETUC raises a number of outstanding questions left unanswered by the EU summit and presents demands that are focused on issues relating to the Intergovernmental Conference, the Lisbon Strategy and the European social model.

• 17 Sep 2007
  EU Level: Commission consults social partners on cross-border transfers of undertakings

  In June 2007, the European Commission initiated consultation proceedings with the social partners on the issue of cross-border transfers of undertakings, businesses or parts of undertakings or businesses. The negotiations mark the first phase of the consultation process provided for under Article 138(2) of the EC Treaty. As it stands, EU legislation does not explicitly address cross-border transfers; thus, the Commission decided to consult with the social partners on the issue.

• 20 Aug 2007
  EU Level: Commission lays down guidelines on flexicurity

  In June 2007, the European Commission published its Communication on flexicurity, which reflects the outcome of its consultation with relevant stakeholders. Flexicurity policies aim to create a more flexible workforce, while ensuring employment security for workers. The trade union confederation ETUC has expressed concern that flexicurity will place undue emphasis on workers’ flexibility ,while employer organisation BusinessEurope views it as an opportunity to modernise labour markets.

• 13 Aug 2007
  EU Level: European Court ruling on employers’ duty regarding health and safety

  In June 2007, the European Court of Justice made its ruling in the case of the Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland in relation to health and safety at work. The case deals with the obligations of Member States to provide an appropriate legislative instrument that will secure employer compliance with the duty to ensure the health and safety of workers at their place of work.

• 13 Aug 2007
  EU Level: Commission assesses implementation of posted workers directive in Member States

  The European Commission has assessed national measures to implement the EU directive on posted workerss, within the context of rights to provide services in the internal market. In the view of the Commission, urgent action needs to be taken to improve administrative cooperation. The portability of pension rights is also topical, in the context of the free movement of services and a directive in this regard is under preparation.

• 23 Jul 2007
  EU Level: European Court gives preliminary ruling on union cases over conflicting rights

  The social partners await the final ruling of the European Court of Justice (ECJ) on two trade union cases put before the ECJ by the respective national labour courts. In May 2007, two Advocates General to the ECJ gave preliminary judgements on the two cases in question, namely the Viking and Laval cases. These judgements have provoked much interest among the social partners and highlight questions relating to the provisions of EU law on how to deal with conflicting rights.

• 16 Jul 2007
  EU Level: Unions organise European day of action at General Motors Europe

  In early May 2007, the European Metalworkers’ Federation and the European Employee Forum of General Motors Europe called on workers to take part in protest actions that were organised at the manufacturer’s plants throughout Europe. This European ‘day of action’ was organised in protest against the group’s plans concerning the distribution of production volumes which would negatively affect employment levels at the Antwerp plant in northern Belgium.

• 16 Jul 2007
  EU Level: Commission issues proposals to tackle problem of illegal migrants

  In mid May 2007, the European Commission published its proposals on migration policy, which include sanctions on employers of third-country nationals who are illegally resident in an EU Member State. These sanctions represent a new direction for the EU, in both facilitating short-term legal migration and in restricting unauthorised migration.

• 09 Jul 2007
  EU Level: Safeguarding employee rights in cross-border transfers of undertakings

  In May 2007, the European Commission published a study on the application of the acquired rights directive (ARD) to cross-border transfers of undertakings. Arising from this report, which was prepared by a group of law firms, the ARD is likely to be amended to make it clear that it does apply to international business transfers within the EU. Currently, Member States have varying levels of protection for workers.

• 09 Jul 2007
  EU Level: Commission aims to promote solidarity between the generations

  The Commission’s Communication on ‘Promoting solidarity between the generations’ aims to support Member States in meeting the demographic challenges of a declining birth rate, in particular the need to ensure that European workers achieve a better work-life balance, so that families can combine work with their childcare commitments. The communication highlights the importance of promoting flexible working time.

• 02 Jul 2007
  EU Level: Social partner sign agreement to combat harassment and violence at work

  In late April 2007, the social partners signed a new framework agreement to combat harassment and violence at work. The agreement represents the sixth framework agreement signed by the social partners since the beginning of European social dialogue 20 years ago. It sets out the measures the social partners have agreed to in their joint aim to eliminate harassment and violence in the workplace.

• 26 Jun 2007
  EU Level: European Court upholds trade union right to veto members

  A recent ruling of the European Court of Human Rights in the case of Aslef v UK, Case C-1002/05, represents an important development in the determination of trade union autonomy. The court ruling holds that in the same way as individuals have the right to join or not to join trade unions, so too do unions have the right to accept or reject membership applications. The relevance of Article 11 of the European Convention on Human Rights in relation to the court’s decision is also examined.

• 26 Jun 2007
  EU Level: Economic and Social Committee concerned at slow progress on employment targets

  In late April 2007, the European Economic and Social Committee (EESC) published its opinion on the proposal for a Council decision on guidelines for the employment policies of Member States. At the same time, the EESC also issued recommendations on the maintenance of the employment guidelines in 2007 and beyond. The EESC is concerned with the slow progress on key employment issues and emphasises the need for maximum participation of stakeholders in the process.

• 23 Apr 2007
  EU Level: Social agenda of German EU presidency

  ‘Shaping Europe’s social future’ is one of the topics outlined in the government’s programme for the German EU presidency, focusing on issues such as ‘flexicurity’ and equal opportunities in the labour market. While trade unions and social non-governmental organisations have called into question Germany’s plans to promote ‘good work’ for all, the first informal meeting in January and a conference on the European social model in February aimed to facilitate a more precise understanding of what Germany hopes to achieve with regard to social and employment policy.

• 10 Apr 2007
  EU Level: Trade unions more involved in European workplaces

  The ‘2006 Industrial relations in Europe’ report highlights that the decentralisation of collective bargaining, together with a decline in trade union density levels, is forcing trade unions to become more actively involved in the European workplace. The report suggests, however, that the growth of decentralisation does not mean an abandonment of sector and branch level collective negotiations.

• 02 Apr 2007
  EU Level: EU Council endorses Commission’s decent work agenda

  On 1 December 2006, the European Council endorsed the European Commission’s proposals to strengthen EU policies, actions and programmes aimed at promoting ‘decent work’ both within and outside of the European Union. It is thought that the spread of and compliance with certain standards of decent work will not only foster the main principles of the European social model, but will also help EU Member States to confront the challenges of global competition.

• 13 Mar 2007
  EU Level: Commission presents Green Paper on modernising labour law

  The European Commission’s Green Paper on modernising labour law analyses current trends in new work organisation patterns and contractual regulations, and identifies key challenges for a reform initiative. Among the issues highlighted are a ‘flexicurity’ agenda, the role of social dialogue in the reform process, the increasing use of non-standard contracts and compliance with employment rights. At the presentation of the Green Paper, the Commission also launched a public consultation on the issue. So far, the social partners have given a mixed response to the Green Paper.

• 13 Mar 2007
  EU Level: Court of Justice gives ruling on framework agreement on fixed-term work

  The European Court of Justice (ECJ) ruled that the framework agreement on fixed-term work is intended to provide a framework to prevent potential abuse arising from the use of successive fixed-term employment contracts and to reinforce the protection of workers across Europe. In its ruling, the ECJ defined the concepts of ‘successive contracts’ and of ‘objective reasons’ which could justify the renewal of fixed-term contracts.

• 12 Mar 2007
  EU Level: First steps towards creation of global super union

  In a move to address the problem of social dumping at international level, two of Europe’s largest trade unions, Amicus in the UK and the German Metalworkers’ Union, along with the US trade union organisations, the United Steelworkers and the International Association of Machinists, have signed an agreement which could lay the foundations for a global super union within the next 10 years. With this initial agreement designed to encourage closer working relations between the four trade unions, the planned global super union could eventually represent around 7.6 million members.

• 27 Feb 2007
  EU Level: European social partners consulted on measures to improve work–life balance

  The European Commission has been consulting with the European social partners on measures aimed at reconciling professional, private and family life. While the employer organisations regard EU legislation in this field as adequate and sufficient, the trade unions have requested more comprehensive actions to improve the reconciliation of professional, private and family life.

• 26 Feb 2007
  EU Level: European Court ruling on collective redundancies threshold

  Employers are obliged to inform and consult workers when proposing collective dismissals for redundancy. In a ruling delivered on 18 January 2007, the European Court of Justice (ECJ) held it contrary to EU law for a state to exclude certain workers from the calculation of collective redundancy thresholds, even in cases where the objective is to encourage the employment of younger workers or if the exclusion is only temporary. The ECJ ruling concerned a 2005 amendment introduced into French legislation, which was challenged by trade unions in France.

• 19 Feb 2007
  EU Level: Role of collective bargaining in the public services sector

  At its social dialogue and collective bargaining conference at the end of November 2006, the European Federation of Public Service Unions (EPSU) discussed key issues in relation to collective bargaining at both European and national levels. The conference continues to play a role in EPSU’s ongoing efforts to build its collective bargaining network and to coordinate policy on a number of key areas, such as young workers, migrant workers and older workers.

• 19 Feb 2007
  EU Level: European Parliament adopts services directive

  The European Parliament adopted the services directive at second reading in November 2006. The vote put an end to a longstanding controversy, particularly with regard to the industrial relations impact of the directive. The key contentious issue – the ‘country of origin principle’ – was replaced and EU labour law is not affected by the directive. Furthermore, services of general interest and other sensitive services are excluded from the application of the directive.

• 12 Feb 2007
  EU Level: Deadlock in progress on revision of working time directive

  An extraordinary meeting of the Employment, Social Policy, Health and Consumer Affairs Council once again failed in its attempt to reach agreement on the controversial revision of the working time directive. The key issue behind the current deadlock is the so-called opt-out clause in relation to the maximum 48-hour week.

• 05 Feb 2007
  EU Level: European framework agreement on equal opportunities signed at Areva

  In November 2006, the European Metalworkers’ Federation announced that it had concluded a European framework agreement on equal opportunities with the management of the Areva Group. The agreement expresses the commitment of the signatories to improve standards of equal opportunities for men and women, and to the professional integration of disabled people within all the structures of the Areva Group in Europe.

• 22 Jan 2007
  EU Level: New EU programme to target social inclusion and equality

  On 5 December 2006, the European Commission launched a new integrated programme for employment and social solidarity. The programme will provide the necessary and much-improved tools for better anticipating and responding to the collective challenges facing the EU. This article sets out the programme’s main objectives, demonstrating the role of employer and worker organisations in meeting key targets of social inclusion and equality.

• 11 Jan 2007
  EU Level: European Court ruling on case of dismissal on grounds of sickness

  On 11 July 2006, the European Court of Justice (ECJ) re-defined its interpretation of the concept of ‘disability’ in a case brought against a catering company by a Spanish worker. The court ruling makes it clear that the protection of employees against discrimination on the grounds of disability, guaranteed under the Framework Directive, also applies in the case of dismissals. However, the court also made an important distinction between the concept of disability and sickness, stipulating that they should not be treated as the same thing. Accordingly, dismissal for reasons related to sickness does not automatically amount to a dismissal on the grounds of disability.

• 09 Jan 2007
  EU Level: Diversity in implementation of telework agreement across the EU

  For the first time, the European social partners have presented a joint report on the implementation of an autonomous agreement on telework. The report provides an overview of the procedures, instruments and progress of the agreement’s implementation, and highlights the variety of implementation results and differences in reporting. The implementation procedure was not completed in all European countries.

• 09 Jan 2007
  EU Level: European Court upholds pay system based on length of service in equal treatment case

  In October 2006, the European Court of Justice (ECJ) gave its ruling on the case of Cadman versus the Health and Safety Executive regarding the interpretation of service-related pay, in the context of its potentially discriminatory impact. The case illustrates the circumstances under which the criterion of length of service is appropriate to attain a legitimate objective of rewarding experience. It demonstrates that employers do not have to establish specifically that service to the company is an appropriate criterion to attain that objective, unless the worker provides evidence raising serious doubts. The ECJ additionally held that, in the context of a job evaluation scheme, there is no need to show that the individual worker has acquired experience, in order for the worker to meet the criterion of length of service.

• 04 Jan 2007
  EU Level: Trade unions urged to embrace gender mainstreaming

  A recent report on gender mainstreaming by the European Trade Union Institute recommends ways in which trade unions can tackle gender inequalities within their own institutions. Starting with a conceptual definition of gender mainstreaming, the report gives practical guidelines for promoting the interests of women and highlights good practice examples drawn from trade unions.