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Industrial Relations in Europe 2012 - European Commission - Europa

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Chapter 8: Review of <strong>Europe</strong>an labour legislation 2010 – <strong>2012</strong><br />

Dur<strong>in</strong>g the period 2010-<strong>2012</strong>, <strong>Europe</strong>an legislative efforts focused on evaluation and<br />

review of the current labour law <strong>in</strong> l<strong>in</strong>e with the <strong>Europe</strong> 2020 strategy and 'smart'<br />

regulation pr<strong>in</strong>ciples, with new processes such as 'fitness checks' tak<strong>in</strong>g place for the first<br />

time. The <strong>Europe</strong>an health and safety strategy was subject to a comprehensive evaluation<br />

process. 'Soft' <strong>in</strong>struments, such as guidel<strong>in</strong>es or best practices, were also promoted <strong>in</strong> this<br />

area. A number of negotiated social partners' agreements were successfully concluded.<br />

Important legislative <strong>in</strong>itiatives <strong>in</strong>cluded the proposals for an Enforcement Directive<br />

(Post<strong>in</strong>g of workers) and for m<strong>in</strong>imum health and safety requirements as regards exposure<br />

of workers to electromagnetic fields.<br />

8.1 Introduction<br />

In l<strong>in</strong>e with its <strong>Europe</strong> 2020 strategy, the <strong>Commission</strong> set out its priorities <strong>in</strong> the employment<br />

field <strong>in</strong> its "Agenda for new skills and jobs" flagship105: A better-function<strong>in</strong>g labour market;<br />

a more skilled workforce; better job quality and work<strong>in</strong>g conditions; and stronger policies to<br />

promote job creation and demand for labour. Whilst acknowledg<strong>in</strong>g that the work<strong>in</strong>g<br />

environment plays a crucial role <strong>in</strong> enhanc<strong>in</strong>g the potential of the workforce and is a lead<strong>in</strong>g<br />

competitiveness factor, the <strong>Commission</strong> po<strong>in</strong>ted to the mixed results on job quality across the<br />

EU over the past decade. In particular, work<strong>in</strong>g conditions have deteriorated dur<strong>in</strong>g the crisis.<br />

The <strong>Commission</strong> response consisted of a number of <strong>in</strong>terl<strong>in</strong>ked activities. It is review<strong>in</strong>g EU<br />

legislation and promot<strong>in</strong>g 'soft' <strong>in</strong>struments; develop<strong>in</strong>g a smarter EU legal framework for<br />

employment and health and safety at work; and focus<strong>in</strong>g on a strategic approach based on<br />

'soft' <strong>in</strong>struments and on close <strong>in</strong>volvement of the social partners.<br />

With<strong>in</strong> this context, the <strong>Commission</strong> announced that it would review the work<strong>in</strong>g time<br />

Directive and make a legislative proposal aim<strong>in</strong>g at improv<strong>in</strong>g the implementation of the<br />

post<strong>in</strong>g of workers Directive. In the area of health and safety at work, it will undertake the<br />

f<strong>in</strong>al evaluation of the EU Strategy 2007-<strong>2012</strong>, and on this basis propose a follow-up strategy<br />

for the period 2013-2020. In addition, it will review the effectiveness of EU legislation <strong>in</strong> the<br />

area of <strong>in</strong>formation and consultation of workers, as well as the EU Directives on part-time<br />

work and fixed-term contracts.<br />

This chapter provides a comprehensive review of the developments at EU level <strong>in</strong> the fields of<br />

labour law and health and safety at work dur<strong>in</strong>g the past two years. It highlights legislative<br />

105 COM(2010) 682 f<strong>in</strong>al<br />

309

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