Industrial Relations in Europe 2012 - European Commission - Europa

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should be amended; c) other non-legislative measures at EU level would merit consideration and d) they would initiate a negotiation under Article 155 TFEU. On the employers' side, virtually all the respondents consider that a review of the SE Directive is not advisable or necessary despite acknowledging that the procedure for employee involvement might be cumbersome. They do not see that there is a lack of legal certainty nor a risk that the SE legal form is used to weaken employees' involvement rights. On the employees' side, the respondents consider that the complexity of the procedure is not a problematic area of the SE Directive, i.e. they do not see any need for simplification. Nevertheless, they see a risk that the SE legal form may be used to weaken employees' involvement rights. European Private Company Statute The Commission adopted on 25 June 2008 a proposal 122 for a European Private Company (SPE) Statute, which has been discussed in the Council without any final outcome. Member States cannot agree notably on allowing SPEs to separate their registered office and headquarters and the regime for employee participation. For this reason, the Commission included in its consultation on the future of European Company Law questions relating to next steps regarding the SPE statute 123 . This consultation was closed on 14 May 2012. Transnational company agreements Transnational company agreements have gained significance over the decade since the first initiatives in 2000. By early 2012, 224 such agreements were recorded in 144 companies, mostly headquartered in Europe, covering over 10 million employees. Following its 2008 Staff Working Document 124 , the Commission set up an expert group on transnational company agreements, the task of which was to monitor developments and exchange information on how to support the process underway. 125 The expert group, bringing together experts from Member States and the EU social partners, academics and researchers, representatives of European institutions and the International Labour Organization as well as company actors, held several meetings between 2009 and 2011. The expert group issued a report in early 2012, which contains a wealth of information on the phenomenon of transnational company agreements including concrete examples, reviews the main open issues and sets out options to address them. 122 http://ec.europa.eu/internal_market/company/epc/index_en.htm 123 http://ec.europa.eu/internal_market/consultations/docs/2012/companylaw/questionnaire_en.pdf 124 On "The role of transnational company agreements in the context of increasing international integration" 125 The documents emanating from the work of the expert group as well as related documents can be accessed under: http://ec.europa.eu/social/main.jsp?catId=707&langId=en&intPageId=214 315
Furthermore, studies were commissioned to clarify the rules of international private law in connection with transnational texts in 2009 and to review the legal effects produced by company agreements in 2011. A searchable online database of agreements was set up in 2011 126 . The Commission will develop further action to disseminate good practice and promote debate with respect to transnational company agreements. 127 8.2.6 Facilitation of transposition and monitoring of implementation in the Member States Facilitation of transposition Temporary agency work Directive 2008/104/EC on temporary agency work 128 was due to be transposed into national law by 5 December 2011. Member States were also under a duty to report by the same date on the results of the review of restrictions and prohibitions on the use of temporary agency work. An expert group composed of representatives of national governments assisted the Member States in their transposition of the Directive. It held several meetings in 2010 and 2011. A report 129 on its work was published in August 2011. The European Commission also published a leaflet 130 to inform stakeholders of the main provisions of the Directive. European Works Councils Directive Another expert group was set up in order to assist Member States in transposing the recast Directive on European Works Councils 2009/38/EC (see above). The group met several times in 2009 and 2010 to exchange information and coordinate implementation in Member States. It published its final report in December 2010. 131 126 Access to database under: http://ec.europa.eu/social/main.jsp?catId=978&langId=en 127 COM(2012)173 "Towards a job-rich recovery" http://ec.europa.eu/social/main.jsp?langId=en&catId=101&newsId=1270&furtherNews=yes 128 OJ L 327, 5.12.2008, p. 9. 129 http://ec.europa.eu/social/main.jsp?catId=706&langId=en&intPageId=207 – see Implementation: Transposition of Directive 2008/104/EC on temporary agency work - Report on the work of the Expert Group (August 2011). 130 http://ec.europa.eu/social/main.jsp?catId=157&langId=en&furtherPubs=yes – see Protecting the rights of temporary agency workers in the European Union. 131 http://ec.europa.eu/social/main.jsp?catId=707&langId=en&intPageId=211 – see Implementation of Recast Directive 2009/38/EC on European Works Councils – Report of the Group of Experts (December 2010). 316
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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
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Commission must consult the social
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social partners' increasing role as
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 and 312: developments, explains the Commissi
Page 313 and 314: The review is based on consultation
Page 315: concluded on 21 May 2012 a European
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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