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EU Level developments

• 17 Dec 2009
  EU Level: ArcelorMittal and EMF sign European framework agreement

  In early November 2009, the management of ArcelorMittal and the European Metalworkers’ Federation signed a European framework agreement on the management and anticipation of change at ArcelorMittal. The agreement places social dialogue as a lever for the anticipation of change and contains commitments to maintain facilities and safeguard employment levels.

• 17 Dec 2009
  EU Level: Tripartite Social Summit discusses responses to economic crisis

  At their autumn Tripartite Social Summit, the social partners focused their attention on the key issues related to the economic and social situation in Europe. The main concerns raised were about the nature of economic recovery, the continued risk to jobs, the posted workers directive and the need for regulation of the financial services sector. According to Commission President Barroso, employment and social protection measures will play a key role in the EU 2020 strategy.

• 20 Nov 2009
  EU Level: General Motors ditches plan to sell Opel and Vauxhall to Magna

  After months of negotiations, on 3 November 2009 General Motors abandoned the plan to sell its European subsidiaries to the consortium composed of the Canadian-based automotive supplier Magna International and Russia’s Sberbank. At this point, the European Metalworkers’ Federation insists that General Motors should enter into talks with the European Works Council and the European trade unions without delay.

• 10 Nov 2009
  EU Level: Court grants right to compensatory holiday leave in cases of sickness

  Workers who fall ill while on annual leave or whose sickness prevents them from taking annual leave have the right to compensatory holiday leave, according to a ruling of the European Court of Justice (ECJ). The ECJ has concluded that neither national laws nor collective agreements can deny an entitlement to deferred annual leave where a worker requests it. The case raises important issues regarding interpretation of the working time directive and also builds on a previous ECJ ruling.

• 05 Oct 2009
  EU Level: European framework agreement on professional development signed at Thales

  In June 2009, the Thales Group and European Metalworkers’ Federation signed an agreement seeking to improve the professional development of the group’s European employees. The European framework agreement is expected to strengthen the employability of employees within the Thales Group through the implementation of an annual anticipation process linked to future employment prospects. Employee representatives are expected to be closely involved in the anticipation process.

• 25 Sep 2009
  EU Level: BusinessEurope raises concern over REACH obligations for companies

  To coincide with the Helsinki Chemicals Forum, the employer organisation BusinessEurope presented the first results of its analysis on the REACH obligations for the safe use of chemicals. The organisation listed seven priority actions for optimising the implementation of REACH. In particular, BusinessEurope argues in favour of reducing the financial burden. However, the European Trade Union Confederation supports the continued obligations under REACH.

• 16 Sep 2009
  EU Level: A groundbreaking European company agreement at Warema?

  The recent agreement to transform the German sunshade manufacturer Warema into a European company (Societas Europaea, SE) has been hailed as a major stepping stone in the development of European employee participation and as an important precedent for future SEs to follow. For example, its newly founded European Works Council will have access to all of the company’s sites and be able to speak on behalf of employees without any other form of representation.

• 16 Sep 2009
  EU Level: Agreement on preventing sharp instrument injuries at work in healthcare sector

  The social partners in the healthcare sector have signed an agreement that aims to set minimum standards for preventing needle stick and other sharp instrument injuries at work. The new agreement covers all hospital and healthcare workers in the public and private sectors. It promotes the safest possible working environment by introducing risk assessment, prevention, training and awareness raising initiatives. The agreement is the outcome of consultations that began in 2006.

• 28 Jul 2009
  EU Level: Social partner revision to parental leave directive

  On 18 June 2009, the European social partners achieved a historic advance in adopting an agreement revising their 1995 Framework agreement on parental leave. In particular, the agreement provides for an increased period of leave and encourages fathers to take some leave, by making part of the leave non-transferable. In addition, parents will have the right to request flexible working when returning from parental leave. Overall, the social partners welcome the new provisions.

• 28 Jul 2009
  EU Level: ETUC critical of EU Presidency Conclusions on Lisbon Treaty

  At the June European Council meeting, the European Union offered a number of legal guarantees to integrate Irish voters’ concerns into the Treaty of Lisbon. Although the European Trade Union Confederation firmly supports the main principles of the Lisbon Treaty, it viewed the recent Presidency Conclusions a missed opportunity, in particular the failure to consider a revision of the Posted Workers Directive and the issue of a social progress protocol.

• 27 Jul 2009
  EU Level: Europe’s trade unions respond to crisis

  The economic crisis has forced trade unions, primarily at EU level, to consider its impact and measures to avoid a depression. Thus, they have promoted a number of initiatives in major European cities. The European Trade Union Confederation has called for a ‘new social deal’ and launched a campaign ‘Fight the crisis: put people first’. The latter mobilised trade unionists for the European Days of Action held in May 2009 in Madrid, Brussels, Berlin and Prague, which was followed by the adoption of the Paris Declaration.

• 21 Jul 2009
  EU Level: European public service unions’ response to financial and economic crisis

  After having presented in April 2009 an analysis of the economic crisis in the European public services sector, on 9 June 2009, the delegates attending the 8th Congress of the European Federation of Public Service Unions adopted a resolution on the financial and economic crisis and its consequences for the public sector and the economy at large. The federation declared that it will seek to prevent that the current crisis is used to diminish the role of government and public services.

• 21 Jul 2009
  EU Level: BusinessEurope calls on EU to rethink its anti-discrimination legislation strategy

  In light of the current economic crisis, European employers are raising questions about the value of pursuing anti-discrimination legislation. According to BusinessEurope, further regulations will undermine European companies’ ability to remain competitive. Thus, the employers call on the EU to withdraw the proposal for an anti-discrimination directive. However, the European Trade Union Confederation has welcomed further developments in the anti-discrimination legislation.

• 06 Jul 2009
  EU Level: Impasse on changes to working time directive

  In April 2009, the European Parliament and Council failed to reach agreement on the revision of the Working Time Directive through the Conciliation Committee process. This is the first time that agreement has not been reached at the conciliation stage. Both BusinessEurope and the European Trade Union Confederation favour revisions to the directive. The employers are keen to establish a new definition of on call hours, while trade unions want to end the opt-out clause.

• 15 Jun 2009
  EU Level: European Parliament adopts resolution on social responsibility in subcontracting chains

  In March 2009, the European Parliament adopted a resolution calling on the European Commission to take action at EU level to draft a legal instrument introducing joint and several liability to deal with the cross-border dimensions of subcontracting. In particular, the Parliament calls for a legal instrument extending social responsibility to general or main undertakings in production chains to ensure workers’ social and employment rights in the subcontracting chain.

• 01 Jun 2009
  EU Level: ECJ rulings on retirement age and discrimination law

  Two recent cases at the European Court of Justice (ECJ) raised the issue of retirement in relation to age and gender discrimination. In the first case, the ECJ ruled that there can be justifiable reasons for dismissing workers on account of their age and that this would not necessarily infringe EU law. In the second case, the court ruled that different pension ages based on gender and length of service violates the principle of equal treatment.

• 21 May 2009
  EU Level: European Parliament amends proposal on private company statute

  In March 2009, the European Parliament adopted the report on the Statute for a European Private Company. The objective of the proposed European Private Company (EPC) is to encourage cross-border activities of small and medium-sized enterprises. Like the European company statute, it is expected to contain provisions to protect employee involvement. Amendments proposed by the Parliament aim to avoid that companies use the EPC statute to circumvent rules on workers’ rights.

• 11 May 2009
  EU Level: Risk assessment central to healthy workplaces campaign

  In March 2009, employers, trade unions and safety experts met to discuss the first year of the Healthy Workplaces Campaign. The campaign represents a major initiative by the European Agency for Safety and Health at Work to reduce the 167,000 work-related deaths that occur each year in the European Union. A key objective of the campaign has been to promote the importance of risk assessment to prevent the incidence of work-related illnesses and accidents.

• 02 Apr 2009
  EU Level: German-based Tesa converted into a European company

  In mid July 2008, the annual shareholders’ meeting of German-based Tesa AG approved a plan to convert the company into a European company (Societas Europaea). In December 2008, after about six months of negotiations, the agreement between the special negotiating body and the company management was concluded. The agreement provides for rights going beyond the legal provisions.

• 24 Mar 2009
  EU Level: European social partners discuss economic recovery plan for EU

  In the debate about the measures needed to face the current financial and economic crisis, the European social partners have expressed their views. While BusinessEurope, representing the employer side, calls for a renewal of the European social market economy, the European Trade Union Confederation proposes a ‘new green deal’ seeking ‘to end “casino capitalism” and base growth and jobs on sustainable investment, fair wages and distributive justice’.

• 24 Mar 2009
  EU Level: Europe-wide protests against Hewlett-Packard job cuts

  Following the takeover by the leading computer manufacturer Hewlett-Packard (HP) of the information technology service provider Electronic Data Systems, HP announced that it will be cutting more than 24,000 jobs. About 9,300 of these job cuts may be in Europe. In protest against the management’s plans to cut jobs and freeze wages and benefits, a European-wide action day was held in November 2008, followed by two further protest action days in January 2009.

• 24 Mar 2009
  EU Level: Use of European Globalisation Adjustment Fund extended

  On 16 December 2008, the European Commission announced changes to the European Globalisation Adjustment Fund (EGF). These will reduce the eligibility threshold for applications and extend the period of support for the fund. The changes were felt necessary to encourage greater use of the fund and to include a broader base. In recent years, the EGF has contributed to projects in Finland, France, Germany, Italy, Lithuania, Malta, Portugal and Spain.

• 16 Mar 2009
  EU Level: UK-based multinational signs first international framework agreement

  In December 2008, the world’s largest security solutions group G4S signed an international framework agreement with UNI Property Services. The provisions laid down in the agreement apply to all 570,000 G4S employees, spread across more than 110 countries. This international framework agreement states that G4S will follow international and national labour law in its relations with workers and is the first one signed between a global union federation and a UK corporation.

• 16 Mar 2009
  EU Level: EU issues Communication on ‘new skills for new jobs’

  The European Commission has published a Communication on ‘New skills for new jobs: Anticipating and matching labour market and skills needs’. The measures form part of a package, contained in the European Economic Recovery Plan presented on 26 November 2008, to address the economic crisis as it affects Europe’s economies. Overall, the social partners have welcomed the plan, although both sides argue that further measures are needed.

• 02 Mar 2009
  EU Level: Sick workers get annual leave pay entitlement

  In the landmark cases of Gerhard Schultz-Hoff versus Deutsche Rentenversicherung Bund and of Stringer and others versus Her Majesty’s Revenue and Customs (Cases No. C-350/06 and C-520/06), the European Court of Justice ruled that workers do not lose their right to take paid annual leave just because they have been on long-term sickness absence. The ruling has major implications for workers on long-term sick leave and for the management of these relationships.

• 23 Feb 2009
  EU Level: European Parliament and Council adopt recast works council directive

  With its adoption by the European Parliament and Council of Ministers in December 2008, the recast directive on European Works Councils may become effective in 2009. The adopted text is based on an informal agreement reached on 4 December. In addition to changes proposed by the social partners, the Parliament agreed on amendments to the definition of ‘transnational’ and the obligation of Member States to define ‘adequate, proportionate and dissuasive’ sanctions.

• 13 Feb 2009
  EU Level: Landmark ECJ ruling on discriminatory recruitment policies

  The European Court of Justice (ECJ) gave its judgement on the case of the Belgian Centre for Equal Opportunities and Opposition to Racism versus the company Feryn on 10 July 2008. The court ruled that an employer could violate discrimination law even where there was no identifiable victim. The case is significant as it establishes that public pronouncements which might deter individuals from applying for jobs can be challenged where they demonstrate a desire not to appoint someone on discriminatory grounds.

• 27 Jan 2009
  EU Level: Commission to aid workers hit by the negative consequences of globalisation

  The European Commission announced at the end of 2008 that it intends to improve the European Globalisation Adjustment Fund. The move follows in the wake of the financial crisis that has hit the global economy. It also comes after the Commission launched its European Economic Recovery Plan, noting that the European Globalisation Adjustment Fund should attempt to help workers threatened by the current economic and financial crisis.

• 19 Jan 2009
  EU Level: European Parliament rejects compromise on working time directive

  In a second reading of the proposed revision of the working time directive on 17 December 2008, the European Parliament refused to approve the common position on the said directive, which the Member States had reached in June 2008 after several years of deadlock. The critical issues are the ‘opt-out clause’ and the question of whether on-call time should always count as working time, issues over which the European Commission and European Parliament remain diametrically opposed.

• 19 Jan 2009
  EU Level: Commission defers revision of directive on employee involvement in European companies

  The European Commission issued a communication on the review of Council Directive 2001/86/EC on the involvement of employees in European companies in September 2008. According to the communication, the revision of the directive, which had been planned for 2008, will be postponed to 2009 when the Council Regulation establishing a Statute for a European company will be revised. The Commission attributes the delay to the lack of practical experience in applying the directive.

• 07 Jan 2009
  EU Level: Temporary agency work directive approved

  On 22 October 2008, the European Parliament approved the proposal for a directive on temporary agency work. Plans for a directive had been in discussion for some time but previous attempts were rejected. The fact that the Parliament has been able to reach a settlement on the issue is therefore an important step for the more than six million temporary agency workers who will see their employment rights strengthened as a result.

• 07 Jan 2009
  EU Level: EU initiatives for employment of third-country nationals

  The migration of workers, particularly third-country nationals, poses challenges for the EU in terms of balancing requirements for labour with potential challenges to social cohesion. This article discusses important initiatives in this area, such as the proposed European Blue Card for skilled third-country migrants and the European Pact on Immigration and Asylum. It also refers to the forthcoming EU directive on sanctions against employers of illegal third-country nationals.