Industrial Relations in Europe 2012 - European Commission - Europa

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8.3.9 Extractive industries A study is underway since January 2012 to update the information contained in the Commission Report on the practical implementation of Health and safety Directives 92/91EEC (mineral extraction through drilling) and 92/104/EEC (surface and underground mineral extraction) 197 . Final results are expected by February 2013. The study intends to review the provisions and the application of Directive 92/91/EEC, in particular the provisions on offshore oil and gas activities. It is related to the Commission proposal for a Regulation of the European Parliament and of the Council on safety of offshore oil and gas prospection, exploration and production activities 198 . The study aims to indicate whether changes to the Directive are required, particularly as regards extraction by drilling in the offshore industry. 8.3.10 Hairdressing sector On 26 April 2012, representatives of the European Union's employers and trade unions in the hairdressing sector signed an agreement on health and safety of workers in this sector which builds on existing national best practices in the Member States that are effective in reducing occupational health risks. It addresses, in particular, specific risks such as the use of materials, products and tools to protect the skin and respiratory tract and the need for sufficient space and ventilation in salons where chemical substances are transferred or mixed. For more details on this agreement and on developments in European social dialogue, see Chapter 7 of this report. 8.3.11 Statistics On 11 April 2011, the Commission adopted Regulation (EU) No 349/2011 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on Community statistics on public health and health and safety at work, as regards statistics on accidents at work 199 . The Regulation specifies that Member States must transmit to the Commission data on persons who had an accident in the course of work during the reference period. This legal act replaces the collection of data on accidents at work from administrative sources carried out so far on the basis of gentlemen's agreement. It is accompanied by Commission Decision 2011/231/EU granting derogations to certain Member States with respect to the transmission 197 COM (2009) 449 final. 198 COM (2011) 0688 final. 199 OJ L 97, 12.4.2011, p. 3. 329
of data due to the need for major adaptations to national administrative and statistical systems in order to comply in full with Regulation (EC) No 1338/2008 200 . As regards the survey data collection on health and safety at work, on 16 March 2010 the Commission adopted Regulation (EC) No 220/2010 defining the programme of the Labour Force Survey ad hoc modules for 2013 to 2015 201 . For the reference year 2013, the programme includes a module on accidents at work and other work-related health problems. Box 8.2: Significant judgements regarding EU legislation in the field of health and safety at work in 2010 - 2012 Nussbaumer 202 : in a ruling on national legislation which provided for a derogation from the requirement to appoint a coordinator for private construction works not subject to planning permission, the European Court of Justice (ECJ), interpreting Article 3(1) of the Construction Sites Directive 92/57/EEC, confirmed that a coordinator for safety and health matters must always be appointed for a construction site on which more than one contractor is to be present, irrespective of whether the works are subject to planning permission. Such a coordinator is to be appointed at the project preparation stage or, in any event, before the works commence. In addition, while national legislation as regards private construction works not subject to planning permission required the coordinator to draw up a safety and health plan only for such sites where more than one contractor is engaged, the ECJ held that, pursuant to Article 3(2) of the Directive, prior to the setting up of a construction site, a safety and health plan must be drawn up for any construction site on which the works involve particular risks, such as those as listed in the Directive, the number of contractors present on the site being irrelevant in that connection. Barcenilla Fernández 203 : In a case concerning workers working on a stone-cutting machine with a noise level exceeding 85 dB(A), the ECJ declared that, pursuant to the Noise Directive 2003/10/EC, it is not sufficient for an employer merely to provide the workers with individual hearing protectors reducing the noise level to below 80 dB(A). The Directive instead requires employers to implement a programme to reduce noise exposure if the noise level exceeds 85 dB(A), measured without taking account of any individual hearing protection. Only if such a programme does not reduce the noise levels is there an additional obligation for the employer to provide individual hearing protection to workers. 200 OJ L 97, 12.4.2011, p. 47. 201 OJ L 67, 17.3.2010, p. 1. 202 Judgement of 7 October 2010 in case C-224/09, European Court reports 2010, page I-09295. 203 Judgement of 19 May 2011 in cases C-256/10 and C-261/10, not yet reported. 330
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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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the Commission not to present it to
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In late July 2012 the cross-industr
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Through the AGS the Commission has
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workplaces in local and regional go
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Moreover, the social partners are c
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Change Summit in Cancun in December
Page 279 and 280: linked to the Europe 2020 strategy
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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 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: 8.3.5 Exposure to asbestos Practica
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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