CHINA-EU FORUM workshop 38a Beijing, 9-10 July 2010 Multi-dimensional protection of labour rights 6/2/20151

The main issues of labour law in Europe and the role of the unions Working time The representation of workers Collective dismissals European works councils Wages 6/2/20152

European Directive on working time 1993/2003 Contains regulations concerning hours of work designed to protect the health and the safety of workers Level of protection : minimal requirements (art 23 : the directive may not constitute valid grounds for reducing the general level of protection afforded to workers) 6/2/20153

European Directive on working time 1993/2003 Key features : – Limit of the maximum length of a working week – Minimum of the daily rest period – Minimum number of paid leave days per year 6/2/20154

European Directive on working time 1993/2003 – Rule 1 : the maximum length of a working week must be limited to 48 hours (including overtime) in all Europe (with exception granted to the UK) Problem : the period of reference – Directive : should not be longer than 4 months (with exceptions : specific characteristics of the activity concerned (managing executives, family workers, activities requiring permanent presence, …) – But longer than that indeed : yearly basis or more (ex : plus/minus conto in the car industry in Belgium – negotiated by the unions) 6/2/20155

European Directive on working time 1993/2003 Main definitions : – Working time : any period during which the worker is working, at the employer’s disposal and carrying out his activities and duties – Night work : any period of not less than 7 hours (to be defined at the national level but must include the period between midnight and 5 a.m.) Other definitions : night worker, shift work, mobile worker, etc. 6/2/20156

European Directive on working time 1993/2003 Rule 2 : the minimum daily rest period Definition : Rest period : period which is not working time. – The rest period must be adequate : i.e. regular, expressed in units of time and sufficiently long and continuous to avoid fatigue, harm, … duration : 11 hours in each 24 hours 6/2/20157

European Directive on working time 1993/2003 Very important case law of the European Court of Justice – Interpretation of the directive in several cases affecting hospitals and particularly for people who have to be present but are authorized to sleep if their services are not required Problems for young doctors working ‘on call’; now obligation to introduce other systems (shifts) 6/2/20158

European Directive on working time 1993/2003 Rule 3 : minimum number of paid leave days per year and granting : four weeks – Due even if not taken (ex illness and dismissal) – Ex : Belgium pays 100 % of dayly pay as a compensation for the absence from work + 92 % extra 6/2/20159

European Directive on working time 1993/2003 Mode of enforcement : the member states must enact its provisions in national legislation by law or by collective agreement Applies to all countries but some have special situations : – Great Britain has a special status : possibility to opt-out and work longer hours (only for working time and not for the other two) – Other countries have better achievements 6/2/201510

Directive on collective dismissals Directive 98/59/EC Imposes to inform and consult workers’ representatives and to follow a procedure – consultations : when contemplating redundancies, the employer must try to reach an agreement through examining the ways and means of avoiding collective redundancies or reducing the number of workers affected mitigating the consequences by recourse to accompanying social measures aimed at redeploying or retraining the workers made redundant 6/2/201511

Directive on collective dismissals – Information : the member states may make provision for workers’ representatives to call on the services of experts in accordance with measures in force on the national level and the employer is to provide the representatives with all relevant information (in writing) on : the reasons of the measure, the period, the number and category of the workers concerned, the number to be made redundant, the criteria used to select those to be made redundant and the method used to calculate compensation (where applicable) 6/2/201512

Directive on collective dismissals Procedure for collective redundancies – notification of the competent public authorities with the above mentioned information (except for compensation) – Copy to the workers’ representatives who may send comments – Collective redundancies will start 30 days after : period used to find alternate solutions 6/2/201513

Directive on collective dismissals Role of trade unions – Right to make constructive proposals at any stage of the procedure and to elaborate social plans Nb : in some countries (France) : judicial control by the national labour courts of the contents of those plans Judicial control of the respect of the whole procedure (including information and consultation) and exceptionally tt(Belgium) sentence by the criminal court (Renault case). 6/2/201514