Industrial Relations in Europe 2012 - European Commission - Europa

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contractor has undertaken due diligence. Member States can, however, provide for more stringent rules and extend them to other sectors. The Monti II Regulation addressed the concern often voiced by trade unions that, as a result of the 2007 Viking Line and Laval rulings, economic freedoms established in the Treaty were given primacy over fundamental social rights such as the right to strike. The proposed Regulation confirmed that there is no primacy of the freedom to provide services or of establishment over the right to strike, while recognising that situations may arise where these freedoms and rights may have to be reconciled in accordance with the principle of proportionality. It introduced an alert mechanism in order to provide other Member States and the Commission with timely and transparent information on serious acts or circumstances affecting the effective exercise of the freedom of establishment or the freedom to provide services. A similar mechanism (Monti I) was established in 1998 in the field of free movement of goods 109 , under which Member States should provide for existing alternative dispute resolution mechanisms to cover cross-border situations. Both proposals were transmitted to the other EU institutions as well as to the national Parliaments of the Member States. The Council started discussions on them. The European Parliament organised a hearing on 18 September 2012. However, 12 national Parliaments adopted reasoned opinions 110 expressing concerns related, among others, to the added value of the draft Monti II Regulation, the choice of its legal basis and the EU competence to regulate this matter. Although the Commission was of the view that the principle of subsidiarity had not been breached, it nevertheless recognised that its proposal for Regulation was unlikely to gather the necessary political support within the European Parliament and Council to enable its adoption. Consequently, it withdrew this proposal on 26 September 2012 hoping that this would facilitate a rapid negotiation of the other part of the package, namely the proposal for an Enforcement Directive. 8.2.2 Working time Directive Work continued during 2011–2012 on the review of the working time Directive (2003/88/EC). The aim of this review is to ensure that EU working time rules can meet the needs of employers and workers in the 21 st century, while securing effective protection of workers' health and safety. 109 Council Regulation of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among Member states, OJ L337/8, 12.12.98. 110 On the basis of Protocol N° 2 to the EU Treaties on the application of the principles of subsidiarity and proportionality. 311
The review is based on consultation of the social partners at EU level under Article 154 TFEU and on impact assessment work by the Commission. In December 2010, the Commission had launched its second-stage consultation of the social partners 111 on the review of the Directive. This second-stage consultation paper 112 brought together the main results of the first-stage consultation of European social partners (launched in March 2010), and presented the main trends and patterns on the evolution of working time in the EU and the results of the latest impact assessment studies. It also set out a number of questions regarding the possible scope of a review, and possible options for change, on which social partners were asked to comment. At the same time, the Commission published a report on the implementation of the working time Directive 113 and its preliminary studies on the economic and social impact of the Directive 114 . Following this second-stage consultation, the main cross-sectoral social partners at EU level (BusinessEurope, CEEP, UEAPME and ETUC) jointly informed the Commission, in November 2011, that they wished to enter into negotiations on the review, with a view to concluding an agreement which could be implemented by a Council Directive under Article 155 TFEU. The negotiations began in early December 2011, and were extended to 31 December 2012, based on a joint request by the social partners in July 2012, which indicated that their talks were making progress. 115 The Commission has indicated that, respectful of the social partners' autonomy, it will not put forward its own legislative proposal during the period foreseen under the Treaty for their negotiations. However, the negotiations ended without agreement in December 2012. 8.2.3 Maritime transport, inland waterways and fisheries Working time in inland waterways transport Social partners in the inland waterways sector signed on 16 February 2012 an agreement laying down specific rules for working time on passenger or cargo transport ships in inland waterways across the EU (see chapter 7). Currently the Working Time Directive (2003/88/EC) lays down common minimum rules at EU level for workers in inland waterways transport. However, it allows for more specific rules suited to particular activities. Similar specific EU working time rules have already been agreed 111 The first stage of consultation (COM (2010) 106, of 24 March 2010) is reviewed in the 2010 IRR. 112 COM(2010) 801 final of 21.12.2010 and accompanying document SEC(2010) 1610 final of 21.12.2010 113 COM(2010) 802 final of 21.12.2010 and accompanying document SEC(2010) 1611 final of 21.12.2010 114 In particular, the preliminary impact study regarding further action at EU level regarding Directive 2003/88/EC (December 2010). All studies are published at: http://ec.europa.eu/social/main.jsp?catId=157&langId=en&newsId=964&moreDocuments=yes&tableName=ne ws. 115 http://europa.eu/rapid/press-release_IP-12-903_en.htm?locale=en 312
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Industrial Relations in Europe 2012
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Neither the European Commission nor
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Table of contents Executive summary
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employers. The second covers countr
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as has trade union fragmentation, d
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collective bargaining, in other cou
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fragmentation and pay dispersion ha
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Generating new jobs and transformin
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een negligible. Second- and third-t
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Nevertheless, the study indicated m
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Chapter 1: Overview of European, na
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2010, collective bargaining coverag
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short period of eight years. In Est
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Chart 1.6: Bargaining centralisatio
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A core aim of the CAWIE project has
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purposes of the present analysis. T
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have been substituted by contractin
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Table 1.1 shows that in 11 countrie
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SI SK UK Central level agreements.
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IT LV LT LU MT NL PL PT RO SE SI SK
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Across the EU the magnitude of the
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IE IT LV LT LU MT NL PL PT RO SE Jo
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argaining in the same way so that d
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Table 1.6: Major unions in the publ
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LU LV MT NL General Confederation o
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As shown by Visser (2010) for the n
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1.5 Employers’ associations In co
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SI SK Governmental bargaining group
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State-centred, including Greece, Sp
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Chart 1.12: Comparison between nati
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this would imply that industrial re
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Doellgast, V. and Greer, I. (2007),
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Chapter 2: Industrial relations dev
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the only available source of compar
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Chart 2.4: Annual net earnings in t
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Table 2.1 GINI coefficients for the
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producers’ Finally, the governmen
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A weakening membership base indicat
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less eager to join an employers’
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The lower degree of bargaining coor
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Existence of tripartite council con
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including trade unions in policymak
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Legal extension of collective agree
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Descriptive statistical evidence (s
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of sector-level collective agreemen
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* Italics indicate pacts addressing
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the liberal CEECs (LT, LV, EE, RO a
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2.3.7 Interim conclusions Unionisat
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Chart 2.16: Multi-national companie
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Box 2.3 Coping with the economic cr
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motivation for employers was findin
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EE HU rapid increase before the cri
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SK 2011: cuts/freeze planned SI 200
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cooperation within the EU, where be
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cabinet resignation, Romania renege
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important for building additional r
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References Avdagic, S. (2005), ‘S
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egulationin Eastern Europe’, in D
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and not an exact measurement of the
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Of the remaining countries, four -
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In some cases this is linked to emp
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and social security activities have
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Table 3.4 Part-time employment, 201
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Table 3.6 Number employed in tempor
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3.4 Employment status and the right
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employees (Angestellte and Arbeiter
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Table 3.8 Trade union density in th
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distinguish between ‘technical’
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with adequate services as well as t
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Wales) about pay increases, based o
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majority public ownership) than in
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3.7 Centralisation, decentralisatio
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government over the entire bargaini
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3.8 Industrial conflict and settlem
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all of public employees. Career civ
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is also paid to equal pay and low-p
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Casale G. (2008), Public service la
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Pedersini R. (2009), “La riforma
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Appendix 3.1 Number employed in pub
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Chapter 4: The consequences of the
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had a lengthy engagement with NPM r
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Moreover, after an initial increase
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GDP), Denmark (3.2%), Cyprus (0.9%)
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in 2009 - a target that was missed
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public sector and its workforce in
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Pay Cut Pay Freeze Other measures H
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Nevertheless, it should be remember
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able to progress to higher salary p
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the sharing of information technolo
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and moves towards fiscal consolidat
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the importance of inward investment
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In countries less affected by auste
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Spain -18,000 in 2010 in public adm
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4.5.2 Responses of social partners
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Country Protest & Strikes Finland F
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Country Protest & Strikes Spain Ext
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It has been suggested that although
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Acknowledgements We thank Berndt Ke
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Ibsen, C., Larsen, T., Madsen, J. a
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Chapter 5: Greening the social dial
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(Ueapme 2010 55 ). Fostering the ad
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5.3 Cooperative approaches in manag
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Chemical industry institutes) is th
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5.4 Representation within an emergi
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In other countries, the emergence o
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Skills developments Career and empl
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(WiRES 83 ) looked into the aspect
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Career and employment security Heal
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solar energy production, has launch
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will hire unemployed workers, with
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Overall, industrial relations in gr
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References Arbeiterkammer Wien, Ins
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Chapter 6: Social partner involveme
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the same country in different areas
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6.3 Unemployment benefit systems Th
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established tripartite cooperation.
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would appear that the funds were a
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Further, according to the most rece
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An example of social concertation i
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government will facilitate the acco
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funds. The schemes were based on pe
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of industrial actions in the summer
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managing these insurance funds is t
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6.6.2 Social partner influence on p
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etirement income gap by private fun
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Acknowledgements The author would l
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Natali D (2009), Public/private mix
Page 261 and 262: Commission must consult the social
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Page 265 and 266: The agreement is a significant achi
Page 267 and 268: the Commission not to present it to
Page 269 and 270: In late July 2012 the cross-industr
Page 271 and 272: Through the AGS the Commission has
Page 273 and 274: workplaces in local and regional go
Page 275 and 276: Moreover, the social partners are c
Page 277 and 278: Change Summit in Cancun in December
Page 279 and 280: linked to the Europe 2020 strategy
Page 281 and 282: EU's flagship policy towards the se
Page 283 and 284: to be included in the national LLL
Page 285 and 286: industry and sectoral social dialog
Page 287 and 288: In the construction sector, the Eur
Page 289 and 290: In the sugar sector, the implementa
Page 291 and 292: Directive on 30 May 2012. In this,
Page 293 and 294: well represented at the higher leve
Page 295 and 296: to establish and/or improve nationa
Page 297 and 298: Federation of Textiles, Clothing an
Page 299 and 300: Chart 7.1 Number and type of texts
Page 301 and 302: commitment to the aim of full imple
Page 303 and 304: Table 7.1: European sectoral social
Page 305 and 306: Table 7.2: European social partner
Page 307 and 308: Recovering and strengthening compet
Page 309 and 310: Joint position regarding the Europe
Page 311: developments, explains the Commissi
Page 315 and 316: concluded on 21 May 2012 a European
Page 317 and 318: Furthermore, studies were commissio
Page 319 and 320: Report of 26 October 2012 on the im
Page 321 and 322: Six judgments were delivered relati
Page 323 and 324: In Case C-3/10 162 , the ECJ ruled
Page 325 and 326: In Case C 282/10 179 , the ECJ deci
Page 327 and 328: 8.3 Health and safety of workers 8.
Page 329 and 330: 8.3.5 Exposure to asbestos Practica
Page 331 and 332: of data due to the need for major a
Page 333 and 334: and effects of the EU Directives on
Page 335 and 336: 2. FREE MOVEMENT OF WORKERS DIRECTI
Page 337 and 338: HOW TO OBTAIN EU PUBLICATIONS Free
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