Publications

On 19 March 1997, Parliament passed a reform of the Arbeitszeitgesetz(AZG,
Working Time Act) - see Record AT9702102F [1]. This necessitated minor
changes to the Arbeitsruhegesetz(ARG, Leisure Time Act) which were also
passed on 19 March. However, the parliamentary Labour and Social Affairs
Committee, at the behest of the social partners, had introduced wording
allowing more flexibility than hitherto in regard to Sunday work, causing a
major public debate in its wake. In future it will be possible for the social
partners to conclude collective agreements permitting exceptions from the
general ban on Sunday work. They can only do so, the law states, if it is
necessary in order to avoid economic disadvantage or to safeguard employment.
As far as this is feasible, the collective agreement has to specify the
activities to be permissible on Sundays and the time allowed for them. Until
now it was not possible to grant specific exemptions from the ban on Sunday
work except if the technology required continuous production. The Minister of
Labour and Social Affairs could, however, permit a whole industry to work on
Sundays.

[1] www.eurofound.europa.eu/ef/observatories/eurwork/articles/undefined-law-and-regulation/moves-towards-greater-working-time-flexibility

Legislative changes have been introduced affecting "atypical" work under the
Contracts of Employment Act, the Study Leave Act and the Occupational Safety
Act. The changes came into force at the beginning of February and they aim to
bring the legal status of persons in such work closer to the status of
persons under a regular employment contract.

Until recent years, largely due to the voluntary system of industrial
relations in the UK, a universal national minimum wage has never been more
than a passing thought. Instead, because of the growing awareness of poor
working conditions and low wages, trade boards were established in 1909 in
certain "sweated trades" to set minimum wages and standards. The areas and
industries under the boards' coverage began to widen, so that by the time
they became known as Wages Councils (WCs) in 1945 they covered some 4.5
million workers. But from the 1960s, the WCs came under increasing criticism
for three main reasons:

The 1994 labour market reform led to a spectacular increase in part-time
employment contracts, which had hardly been used in Spain before that time.
This feature describes this development and points out the main
characteristics of the workers employed under these contracts, who are mainly
women.

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.

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.

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 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