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

At the end of February 1997 the education and employment minister, James
Paice, was warning that "people ignore at their peril the value of investing
in learning", arguing that too many employers still do not realise the value
of investing in their employees. He went on to say that action should be
taken immediately to drive up skill levels and standards to keep up with
growing international competition. Employers were said to be a crucial part
of this process but, it is "not how much you invest in training, its how you
invest it". The Government thus backs the Investors in People (IIP) standard,
as it shows that spending money on people is an investment and not a cost.

At the beginning of 1997, the total privatisation of Telefónica, the largest
Spanish telecommunications firm, was completed. The trade unions in the
company, led by CCOO and UGT, have applied for a judicial review of this
measure, demanding its suspension until the new regulatory framework for the
sector is defined, and a public, universal and quality service is guaranteed
in the area of telecommunications. The Supreme Court has agreed to consider
the appeal but has not suspended the privatisation.

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.

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.

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.

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.

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