Publications

In the Netherlands, there has been a long struggle over how responsibilities
for administering social security should be divided between social partners
and the government. The Dutch social security administration has been
reorganised - most recently from March 1997 - under pressure of criticism
about organisations in which the social partners play a dominant role.
Financing the social security system has become a structural problem in the
relations between the Government and the social partners. This has become
especially manifest in conflicts concerning the level at which social
security contributions should be set.

A Presidential Decree on the establishment of European Works Councils (EWCs)
in Greece was signed on 20 March 1997. Its purpose is to transpose into Greek
law EC Directive 94/45/EC on the provision of information and consultation to
employees in Community-scale undertakings and Community-scale groups of
undertakings, which, under the terms of the Directive, should have been
transposed by 22 September 1996. The Presidential Decree takes up the option
provided in the Directive of not applying its provisions to maritime workers.

Under a novel provision in the Finance Bill, 1997 which gives effect to this
year's Budget, employees are now entitled to tax relief on individual
lump-sum payments paid in the context of company restructuring. The payments
can be made by companies to their employees for agreeing to pay
restructuring, which must involve overall pay reductions of at last 10% of an
employee's average salary for the previous two years and must remain in force
for at least five years. While it is possible that basic pay could be hit by
the measure, the sort of payroll reductions envisaged are more likely to
effect non-basic pay items such as overtime, bonus payments and shift
allowances.

In France, regulation of the working week is based on a piece of legislation
passed in 1936, which laid down a work schedule spread over five days.
Decrees on the application of this law made special provision, in each
sector, for the way in which these hours would be organised. The one
concerning banking dates from 1937.

According to the report /Reported industrial injuries in the building and
construction sector, 1993-1995/, from the Labour Inspectorate, the sector
experienced a 22% increase in industrial accidents over the course of
1993-1995. The general increase in industrial accidents in the period was
11%. Whereas approximately 5% of the workforce are employed in the building
and construction sector, this sector reported 8% of all industrial accidents.
Every month one fatal and 50 serious accidents occur in the sector, and 84
fatal accidents took place at all Danish workplaces in 1995. The increased
number of accidents in the building and construction sector, according to the
Labour Inspectorate, can largely be explained by the sector's 9% job-growth
and the improved reporting of industrial accidents.

The incidence of collective bargaining across a variety of sectors in
Portugal has tended slightly to decrease in the first quarter of 1997.
However, at the same time, the number of strikes has been increasing - often
to enforce reductions in working time

In the wake of Renault's announcement of the closure of its plant at
Vilvoorde (EU9703108F [1]) European trade unions, the European Commission and
the European Parliament have called for tougher measures to protect the
interests of employees in the event of large-scale redundancies, business
transfers and relocation. In an address to the European Parliament (EP) in
March, Padraig Flynn, the commissioner responsible for industrial relations,
employment and social affairs, reminded member state governments that they
had rejected such tougher measures in 1992. While he argued that existing
legislation covered the situation at Renault, there had to be a serious
question mark over the deterrent effect of the level of sanctions currently
available. He told MEP s that he would "propose to the Commission that we
proceed in the coming weeks with the first stage of consultations with the
social partners at European level on this issue and I sincerely hope that we
are able, through this action, the strengthen the protection of workers"
(reported in RAPID, 11 March). He also pronounced himself in favour of the
institution of general rules to complement existing measures, aimed at making
information and consultation compulsory at member state level.

[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined-working-conditions/the-renault-case-and-the-future-of-social-europe

The /Seymour-Smith/ case has raised the issue of the legality of the two-year
qualifying period of employment before employees may bring a claim for unfair
dismissal. The /Observer/ in April reported that many employees are having
their employment contracts terminated only days before completing the
two-year period which is necessary to gain employment protection. At present,
full-time employees must have accumulated two years' continuous service,
while for employees who work between eight and 16 hours per week, the
qualifying period is five years.

The Belgian Defence Minister, Jean-Pol Poncelet, has announced measures that
will prompt far-reaching changes in the personnel structure of the Belgian
armed forces, covering the army, navy and airforce. The policy directly or
indirectly affects about 40,000 military personnel. Mr Poncelet's plans are
innovative and rather unusual for the armed forces, which are not normally
known for their swift changes in organisational structure and personnel
management. The Minister feels, however, that the armed forces should not be
exempt from moves towards greater flexibility, currently a prominent theme in
labour negotiations in Belgium. Moreover, changes in the armed forces can
serve as an example for other sectors of the Belgian economy.

A separate agreement for white-collar employees in the Luxembourg iron and
steel was concluded in March 1997, despite efforts in negotiations to create
a single agreement for both white- and blue-collar staff.