Agreement was reached on a “recast” version of the EU Directive on European Works Councils (EWCs) in December 2008 but there was also deadlock on the draft legislation revising the Directive on working time.

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European Employment Review
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  THE EDITOR'S MESSAGE Issue 420  
  MIXED FORTUNES FOR EMPLOYMENT DIRECTIVES

Agreement was reached on a “recast” version of the EU Directive on European Works Councils (EWCs) in December 2008 but there was also deadlock on the draft legislation revising the Directive on working time.

The European parliament and Council of the EU reached a deal on repealing and replacing the 1994 EWCs Directive, taking into account amendments jointly proposed by EU-level trade union and employers’ organisations. The recast Directive should be formally adopted in early 2009.

Key changes include:

  • the introduction of a definition of information and a stronger definition of consultation;
  • new rules on the composition of the special negotiating bodies (SNBs) that negotiate agreements establishing EWCs;
  • an explicit role for EU-level trade union organisations in SNB negotiations; and
  • a right to training for EWC and SNB members.

In contrast, the parliament and council were unable to agree on the Directive amending the 1993 working time Directive. After four years of debate, the two institutions could not reach a compromise on several key points. Crucially, the council wants to maintain the “opt-out", albeit in a more restricted form, while the European parliament wants to abolish it. The "opt-out" is the option for member states not to apply the Directive’s maximum average weekly working time of 48 hours if a worker agrees to this individually.

The proposal is now expected to be referred to a joint conciliation committee, which is the last chance of breaking the impasse. We will continue to follow developments in 2009.

XpertHR Mark Carley,
Editor,
European Employment Review

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  NEWS

EU Council: Agreement reached on EWCs and maritime labour Directive

The Employment, Social Policy, Health and Consumer Affairs Council has reached agreement on the revised EU Directive on European Works Councils and on a Directive on maritime employment standards.

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European parliament: Amendments proposed to draft Directive on working time

The European parliament voted on 17 December 2008 to amend the draft Directive revising the 1993 Directive on working time, rejecting a compromise text agreed by the Council of the EU.

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France: Short-time working benefit scheme to be revised

The French government announced plans in November 2008 to reform short-time working benefit, with the aim of making it a more effective means of avoiding redundancies during the present economic downturn.

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Germany: Trade union institute highlights danger of German export bias

Germany’s success in holding down labour-cost growth in recent years has boosted export competitiveness, but raised the risks of an increased exposure to fluctuations in world trade, according to a November 2008 analysis of labour costs by a trade union-linked research institute.

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Ireland: Construction employers reject national pay deal

The Construction Industry Federation rejected the national pay agreement endorsed by Ireland’s main social partner organisations and called for a 10% pay cut in the building sector in late November 2008.

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Spain: Minimum wage increases by 3.5%

The Spanish government has increased the national minimum wage by 3.5% from January 2009, to €621 per month.

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RELATED ARTICLES ON XPERTHR

EU: Commission proposes revised European Works Councils Directive

European parliament: Vote leads to adoption of "recast" EWCs Directive

EU Commission: Directive proposed to implement maritime labour agreement

EU: Social policy state of play, July 2008

Ireland: National pay agreement ratified

Ireland: Draft national pay deal reached

Ireland: Towards 2016 accord agreed

Spain: Minimum wage increases by 5.15%

Spain: Government proposes economic and social agreement

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  FEATURES

EU: Social policy state of play, January 2009

Under the French EU presidency, the second half of 2008 saw the adoption of Directives on temporary agency work and European Works Councils, but an impasse on the revision of the Directive on working time. The European Commission proposed new Directives on maternity rights and on equal treatment between self-employed men and women, while progress was made on three draft Directives on labour migration from outside the EU. We review the main developments.

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International: National minimum wage update

National minimum wages in the EU in July 2008 ranged from €1,610 per month in Luxembourg to €112 in Bulgaria. We look at minimum rates in 21 countries, based on the latest figures from Eurostat.

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France: Deal is reached on forward-looking management of jobs and skills

France’s main trade union confederations and employers’ organisations reached a draft national cross-industry agreement in November 2008 promoting the “forward-looking management of employment and competences” in companies’ HR policies.

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RELATED ARTICLES ON XPERTHR

EU: Social policy state of play, July 2008

EU: Directive gives temporary agency workers new rights

EU: Commission proposes new maternity leave rules

International: European minimum wage survey

International: Minimum wage update 2007

France: Labour market modernisation agreement signed

France: Talks open on forward-looking management of jobs and skills

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