Industrial Relations in Europe 2012 - European Commission - Europa

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An updated leaflet on the recast Directive was published in 2011 132 . Monitoring the implementation of Directives EU labour law Directives often provide for their review some years after their transposition. Furthermore, in line with 'smart' regulation principles, the Commission assesses their operation and effects with a view to evaluating whether they are ‘fit for purpose’ or whether they need to be updated or clarified. In the labour law area, a first 'fitness check' is currently being carried out in the area of information and consultation of workers at work. Review of the application of Directives The following reviews of the application of Directives have been carried out over the past two years: Review of the Directive on involvement of employees in European Cooperative Societies (ECS). In accordance with Article 17 of Council Directive 2003/72/EC 133 , the Commission adopted in 2010 a report on the application of this Directive 134 . It found that its evaluation was considerably hampered by the very low number of European Cooperative Societies having been set up in accordance to Regulation 1435/2003 on the Statute of ECS. It considered further that the complementary nature of the Directive, which is coupled with the aforementioned Regulation, needed to be taken into account before launching any future revision process. On 23 February 2012 the Commission issued a report on the application of Regulation 1435/2003 135 . Subsequently, the Commission consulted stakeholders in 2012 on whether and how to simplify this regulation. Report of 27 October 2010 on the application of Directive 94/33/EC on the protection of young people at work 136 . Report of 21 December 2010 on the implementation by Member States of Directive 2003/88/EC on the organisation of working time 137 . Report of 22 July 2011 on the implementation by Member States of Council Directive 91/383/EC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship 138 . 132 See http://ec.europa.eu/social/main.jsp?catId=157&langId=en&pubId=624&type=2&furtherPubs=yes 133 Directive 2003/72/EC, supplementing Council Regulation (EC) No 1435/2003 on the Statute for a European Cooperative Society, with regard to the involvement of employees. 134 COM(2010)481 final of 16.9.2010. 135 COM(2012)72 final of 23.02.2012. 136 Staff working document, SEC(2010) 1339. 137 COM(2010) 802 final of 21.12.2010 and accompanying document SEC(2010) 1611 final of 21.12.2010 138 Staff working document, SEC(2011) 982. 317
Report of 26 October 2012 on the implementation of Directive 2005/47/EC on working conditions of mobile workers engaged in interoperable in cross-border railway services 139 . Communication on review of the operation of the provisions with regard to workers on board seagoing fishing vessels contained in Directive 2003/88/EC 140 . Table (2011) on the implementation of Article 4 of Directive 2008/94/EC on insolvency 141 . General Table (2012) on national implementing measures of Directive 2009/38/EC on European Works Councils 142 Fitness check –Evaluations of Directives In line with its 2010 work programme, the Commission is currently reviewing EU legislation in selected policy fields through ‘fitness checks’. The goal is to identify excessive burdens, overlaps, gaps, inconsistencies and/or obsolete measures which may have appeared over time. The purpose of the fitness check is not deregulation or less regulation, but rather better / smart regulation and making EU legislation more responsive to current and future challenges. In the labour law area, it was decided to submit to the fitness check exercise a family of three Directives on information and consultation of workers (ICW) at national level 143 : ● Directive 98/59/EC on collective redundancies. ● Directive 2001/23/EC on transfers of undertakings, focusing on Article 7. ● Directive 2002/14/EC establishing a general framework relating to information and consultation of workers in the EC. The fitness check relies on an evidence-based approach and integrates legal, economic and social effects of the existing legislation. There is already an extensive set of studies in this area, including those undertaken by Eurofound. A study was commissioned to an external contractor to review and complement the existing research. The Commission closely associated relevant stakeholders in this process, notably by setting up a working group on ICW (hereafter WG), bringing together representatives from EU/EEA governments and the European social partners. The results of the fitness check will be presented together with the key conclusions and future steps in due course. In line with its smart regulation policy, the Commission launched an evaluative study of Directives 1997/81/EC and 1999/70/EC on part-time work and on fixed-term employment, respectively. The purpose is to evaluate ex-post the relevance, effectiveness and efficiency, as well as the lasting nature (sustainability) of the impact of these Directives. 139 COM(2012)627 final of 26.10.2012. 140 COM(2011) 306 final of 31.05.2011. 141 Limitations to the liability of the guarantee institutions (Implementation of Article 4 of directive 2008/94/EC) (2011) 142 General table March 2012 143 See, in this regard: http://ec.europa.eu/social/main.jsp?catId=707&langId=en 318
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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
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The agreement is a significant achi
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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 and 316: concluded on 21 May 2012 a European
Page 317: Furthermore, studies were commissio
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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