Major new EU employment law Directives have been thin on the ground in recent years, but the signs are that 2008 will see the proposal and adoption of several significant measures.

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European Employment Review
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  THE EDITOR'S MESSAGE Issue 408  
  BUSY YEAR AHEAD FOR EU EMPLOYMENT LEGISLATION

Major new EU employment law Directives have been thin on the ground in recent years, but the signs are that 2008 will see the proposal and adoption of several significant measures.

As reported in this issue of European Employment Review, council discussions have reopened on the draft Directives on temporary agency work and revision of the Working Time Directive (including changes to the 48-hour week "opt-out"), both of which are highly controversial and had long been deadlocked. There now seems to be a consensus on pushing these through the council, despite the opposition of a minority of member states, including the UK.

Progress has also been made on the draft Directive on the portability of supplementary pension rights, and adoption during 2008 seems highly likely.

As well as potentially clearing the decks of these long-standing draft Directives, 2008 will feature progress on a set of drafts on labour migration from outside the EU, and the proposal of a range of new Directives - notably revising the existing Directives on European Works Councils, pregnant workers and transfers of undertakings.

As ever, European Employment Review will keep readers up to date with all the most important developments in EU employment legislation over the coming year.

XpertHR Mark Carley,
Editor,
European Employment Review

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  NEWS

EU Council: Social council debates key draft Directives

A meeting of the Employment, Social Policy, Health and Consumer Affairs Council was held, under the Portuguese presidency, on 5 December 2007. Ministers debated the draft Directives on temporary agency workers, working time and supplementary pensions, and approved EU-wide common principles on "flexicurity".

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European Court of Justice: ECJ rules in key industrial action case

On 11 December 2007, the European Court of Justice issued its keenly awaited ruling in the Viking case. It found that industrial action taken by a trade union with the aim of inducing a foreign company to sign a collective agreement is a restriction on that company's freedom of establishment within the EU. However, such a restriction can be justified on the grounds that it protects workers, provided that the action is appropriate for achieving the legitimate objective pursued and does not go beyond what is necessary to attain that objective.

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France: Sarkozy aims to free employers from 'yoke' of 35-hour week

In December 2007, president Nicolas Sarkozy announced a number of measures aimed at "freeing companies that so wish from the yoke" of the statutory 35-hour normal working week and giving more choice in working time matters to employees and company-level negotiators.

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Germany: Parliament agrees minimum wage for postal sector

On 14 December 2007, after a lengthy controversy, the lower house of the German federal parliament (Bundestag) voted by a substantial majority to introduce a minimum wage for sorting and delivery staff in the postal sector. These employees will now be brought within the scope of the Posted Workers Law, the legal instrument currently used to set binding minimum wages in designated industries.

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Poland: Figures reveal positive labour market trends

Data issued by the Central Statistical Office (GUS) in November 2007 indicate that 1.75 million new jobs have been created in Poland since 2004. Over the same period, the unemployment rate has fallen from more than 19% to 9%. However, long-term unemployment remains a problem, especially among older people, while skills shortages are emerging.

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Spain: Employers and unions sign bargaining framework for 2008

On 18 December 2007, Spain's central trade union and employers' confederations renewed for 2008 their national agreement providing a framework for lower-level collective bargaining. The accord focuses on pay moderation, gender equality and health and safety.

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RELATED ARTICLES ON XPERTHR

EU: Revision of Working Time Directive deadlocked

EU: Commission issues revised pensions draft

EU: Integrated guidelines for growth and jobs 2005-08

EU Commission: Consultation launched on "active inclusion"

European Court of Justice: Advocates General issue opinions in industrial action cases

Sweden/EU: ECJ case challenges Swedish industrial relations system

France: Government seeks to cut taxation of overtime pay

Germany: Minimum wage agreed in postal sector

Germany: Dispute continues over postal services sector minimum wage

Spain: Employers and unions agree on pay moderation for 2008

Spain: Social partners agree bargaining framework for 2007

Spain: Health and safety strategy drawn up

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  FEATURES

EU: Social policy state of play

The second half of 2007, under the Portuguese EU presidency, saw the revival of council discussions on the draft Directives on temporary agency work and on revising the Working Time Directive. However, no decision had been reached by the end of the year. Progress was also made on the draft Directive on supplementary pension rights. The European Commission proposed two Directives on labour migration from outside the EU, and launched consultations on cross-border transfers of undertakings. We review the main developments.

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France: Focus on equality and anti-discrimination measures

In late 2007 and early 2008, equality and non-discrimination at work have been prominent issues in France. The government has proposed legislation to implement fully a number of EU Directives in this field, strengthening national provisions in areas such as the definitions of direct and indirect discrimination, and of sexual harassment. It has also organised a tripartite conference on gender equality, announcing initiatives on such issues as eliminating pay inequality. Meanwhile, notable collective agreements on equality have been signed at companies such as PSA Peugeot Citroën.

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Germany: Audi adapts workplaces for older employees

Official policy in Germany aims to promote a higher labour market participation rate for older workers. This is creating new challenges for employers, workers and their representatives, especially in manufacturing, given the wear and tear of assembly-line work. We look at a current initiative at car manufacturer Audi and examine the wider debate about the employability of older workers in Germany.

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RELATED ARTICLES ON XPERTHR

EU: Social policy state of play

EU: Commission sets out employment legislation agenda for 2008

EU: Revision of Working Time Directive deadlocked

EU: Commission issues temporary work proposal

EU Commission: Many member states are "failing to implement" race Directive

EU: Commission issues revised pensions draft

EU Employment Framework Directive: An EOR guide

EU: Lisbon strategy relaunched

EU: Barcelona Council adds to Lisbon and Stockholm goals

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