Publications

On 5 March 1997 the European Commission issued a Memorandum on the
interpretation of the 1977 Directive on business transfers (77/187/EEC) which
aims to clarify certain aspects of the Directive. It also seeks to address
the criticisms levied against the draft Directive to replace the 1977 text,
launched by the Commission in 1994. The proposed draft sought to take into
account the changed business environment following the implementation of the
single market project.

After a legal battle lasting more than three years between the management of
La Samaritaine (one of the five large Paris department stores), and its works
council and CGT union branch, two rulings by the highest court in the French
legal system on 13 February 1997, imposed the reinstatement of staff made
redundant, as part of the cancellation of a corporate "downsizing" procedure
(plan social). These rulings reveal the growing role of judges in the
supervision of redundancies.

The Ministry of Labour has chosen 20 municipalities in different parts of
Finland to participate in new forms of working time organisation on an
experimental basis. Results so far have been favourable.

The typical trade union member of the future could well be a 30-year-old
female VDU operator, balancing both work and family responsibilities,
according to the TUC. A new report launched at the TUC's women's conference
held in Scarborough on 12-14 March, argues that if unions can rise to the
challenge, the number of women members could increase by as many as 400,000
by the turn of the century. According to the report (/Women and the new
unionism/), women now make up half of the workforce, but only a third are
members of a union. Young women are thought to be particularly difficult to
organise. Only 6% of women employees under the age of 20 years are presently
union members, compared with 24% aged between 20 and 29 years old.

The major labour market reform legislation of 1994 made important changes to
the framework for collective bargaining in Spain. This feature examines
bargaining trends since 1994, and analyses the positions of the parties
involved and the results of the reform.

In its response to the Commission's September 1996 Communication on the
development of the social dialogue (see Record EU9702102F [1]), UNICE (the
Union of Industrial and Employers' Confederations of Europe) welcomes the
opportunity for debate and calls for a reinforcement of consultation with the
social partners. However, it argues that the treatment of fundamentally
different processes in one Communication adds a source of confusion to the
debate. These varied processes include: the consultation and negotiation
within the meaning of Article 118B of the EC Treaty and Article 3.1 of the
Agreement on social policy; Advisory Committees; the Standing Committee on
Employment; the joint sectoral committees and informal working groups;
tripartite bodies; joint operational initiatives; European Works Councils,
and the social dialogue in trans-boundary region. UNICE feels that the
Communication should have:

[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined-industrial-relations/the-future-of-the-social-dialogue-at-community-level

According to a recent analysis by the Institute for Economics and Social
Science (Wirtschafts- und Sozialwissenschaftliches Institut, WSI) basic wages
and salaries in western Germany grew on average by about 2.3% in 1996. Thus,
pay increased by about 0.8 percentage points above the inflation rate, which
stood at 1.5% in 1996. Altogether, about 15.1 million employees were covered
by collective agreements signed in 1996. The highest pay increases, at 2.8%,
were in the energy and water industry and in the iron and steel industry. The
lowest increases were in banking (1.5%), post and telecommunications (1.4%)
and public services (1.3%).

The immediate catalyst for the current prominence of working time in UK
industrial relations is the failure in November 1996 of the Government's
attempt to have the EU Directive on certain aspects of the organisation of
working time (Council Directive 93/104/EC of 23 November 1993) annulled by
the European Court of Justice (ECJ). Steps are being taken to implement the
Directive, though the present Conservative Government hopes to get the
Directive "disapplied" if it wins the forthcoming general election. Also
important, however, is the growing debate about the implications for the
well-being of individuals and their families of the fact that UK's hours of
work are long in comparison with other EU member states.

On 19 February, the Government presented a bill to Parliament, proposing
modifications in the legislation concerning the granting of workers' claims
in case of their employer's insolvency. There is no doubt that it will be
passed by Parliament. This will then be the second time the legislation has
been modified in order to comply with EU Council Directive 80/987/EEC on this
subject.

The end of 1996 and the first two months of 1997 were marked by a wave of
strikes that began last November and December, upsetting the relative
industrial calm that had existed over recent years. The strikes peaked during
January but continued throughout February, for at least certain groups of
employees, though by then they had begun to peter out. The strikes represent
basically a head-on clash with the Government's policy of austerity, and
focus primarily on discontent with the tax system and a recently-passed tax
law. This clash also acquired a political character, since the demands of
workers across various sectors converged and merged within the wider context
of discontent.