Publications

On 22 April 1997 the European Court of Justice (ECJ) issued a judgment
stating that some provisions of the German Civil Law (Bürgerliches
Gesetzbuch,BGB) as well as the German Labour Court Law
(Arbeitsgerichtsgesetz, ArbGG) offend against the "Council Directive on the
implementation of the principle of equal treatment for men and women as
regards access to employment, vocational training and promotion and working
conditions" (76/207/EEC). The Directive which was adopted by the Council of
Ministers on 9 February 1976 proclaimed that the Member States shall put into
effect the "principle of equal treatment" (§ 1) which means "that there
shall be no discrimination whatsoever on grounds of sex either directly or
indirectly" (§ 2).

The debate on reforming the law to permit trade unions in the PSP - in
relation specifically to policemen and women - broke out again in Portugal at
the end of 1996, and has been continuing ever since. The debate, fully
covered in the media and commented on by the main political parties,
culminated on 21 April 1997 with a meeting of PSP members, many of whom wore
their uniforms. The meeting turned into a public demonstration at the
Ministry of the Interior- the Ministry in charge of that particular police
force - with harsh words being shouted at the Minister.

Tourism is one of Austria's major industries, contributing an estimated 10%
of the GDP. There are about 70,000 businesses with a turnover that has
recently stabilised at about ATS 180,000 million. Employment is about 142,000
on annual average, or roughly 5% of the national total. In the peak season,
in mid-summer, the industry employs about 160,000 people. Neither employment
figure includes the employers themselves, who are an important part of the
workforce in the industry. The median gross income for a complete full-time
working month of 30 days in 1995 was ATS 15,980, as against ATS 22,600 for
all industries together. The low incomes correlate with a large share of
female employees. In 1995, the number of people employed for at least one day
stood at 221,127. Of these, 134,614 were women, of whom 119,865 were employed
on a waged basis and only 14,749 on salaries. Such a small share of salaried
employees, both among men and women is unusual. At the same time, the
profitability of large parts of the industry is repeatedly cast in doubt by
commentators.

In what legal experts in Ireland have highlighted as a landmark case on the
issue of indirect sex discrimination, Ireland's Supreme Court has asserted
the primacy of EU law over domestic law. Mary Honan, a legal expert with the
Employment Equality Agency said that the decision also established the
correct legal framework for establishing unlawful indirect discrimination.

Meeting on 17 April 1997, the Labour and Social Affairs Council of Ministers
took stock of initiatives by the European Commission and the Council
Presidency aimed at improving information, consultation and participation
mechanisms for employees. Padraig Flynn, the commissioner responsible for
employment, industrial relations and social affairs, highlighted the
importance of such initiatives in the light of the Renault crisis (EU9703108F
[1]). He also reported on the current status of the work by the high-level
expert working group on worker involvement.

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

The ECJ's ruling on 11 March 1997 in the case of /Süzen v Zehnacher
Gebäudereinigung GmbH Krankenhausservice and another/ (Case C-13/95) made a
potential "U-turn" in the interpretation of the EU Directive on transfers of
undertakings, that has left a question mark over the way that the employment
rights of the employees of contractors are decided. The ruling stems from a
court case in Germany in which a school cleaner, Ayse Süzen, lost her job
when her employer failed to keep the cleaning contract at the school where
she worked. Ms Süzen challenged the decision of the new contractor not to
re-employ the cleaning workers dismissed by their original employer.

The Vlaams Blok, a xenophobic and extreme right-wing Flemish nationalist
party, is currently seeking legitimacy as the defender of "ordinary people".
With its populist stand against immigrants and French-speakers, the party has
won a large number of votes in some towns in Flanders, particularly amongst
those sections of the population most badly hit by unemployment and worsening
living conditions.

Under the terms of a new bill, announced in April 1997, employees in the
Netherlands will be entitled to benefits if they interrupt their careers for
care or study leave, on condition that the employer hires an unemployed
person for the same period

On 25 April 1997, the Saxon metalworking employers' association
(Arbeitgeberverband der Sächsischen Metall- und Elektroindustrie, VSME) and
the metalworkers' trade union, IG Metall, signed new collective agreements
for the 87,000 employees in the Saxon metal industry. The agreements include
a new agreement on wages and salaries, new framework agreements for white-
and blue-collar workers, and a new agreement to secure employment
(Beschäftigungssicherungstarifvertrag). The agreements mainly follow the
pattern of the agreements which have already been agreed in other regions of
eastern Germany, and conclude the 1997 collective bargaining round in east
German metalworking.

An agreement for Italy's first regional occupational pensions fund was signed
in March 1997 by the Veneto local organisations of Confindustria, the main
employers' organisation, and of the CISL trade union confederation. The
initiative has met with hostility from CGIL and uncertainty from UIL, the
other two main union confederations.