THE FUTURE OF LABOUR LAW IN EUROPE The European Social Model roger.blanpain@cer-leuven.be.

THE FUTURE OF LABOUR LAW IN EUROPE

The European Social Model

roger.blanpain@cer-leuven.be

EU

• ENLARGED EUROPE: 27 STATES = = 500,000,000 people:

• 7% of the world population.

• 1/3 of world GDP• Multi-cultural• Greying of the

population

SUBJECT OF LABOUR LAW

• Relations between employee(s) and employer(s)– Individual labour relations

• Search and selection

• Contracts of employment

• Categories of workers

• Working conditions– Wages– Working time, holidays, annual vacation…– Sickness

• Job security– Individual – Collective

• Non competition

SUBJECT OF LABOUR LAW

– Collective labour relations• Trade Union Freedom• Workers participation

– Shop stewards – Committees of Health and Hygiene– Works Councils– Board of companies

• Collective bargaining• Industrial conflict: strike and lock-outs.

FRAMEWORK=GLOBALISATION

• Supercapitalism: share holders value• Multinationals

– Central decision making– Research and Transfer of NT

• Global market– Freedom of investment, of capital, and goods

• Crisis– Financial– Recession – collective redundancies

LABOUR LAW = NATIONAL

• Employee relations remain national• Diversity is the rule and there to stay

– Culture– Unionisation – trade union structure– Employers’ organisations– Collective bargaining – incomes policies– Words and gestures

• Convergence of costs vs. divergence of content

EU: SOCIAL OBJECTIVES

• OBJECTIVES– A HIGH LEVEL OF EMPLOYMENT– A HIGH LEVEL OF SOCIAL PROTECTION– EQUAL TREATMENT– IMPROVED LIVING CONDITIONS– IMPROVED WORKING CONDITIONS– PROPER SOCIAL PROTECTION– SOCIAL DIALOGUE– UPWARDS HARMONISATION– COMBATTING OF SOCIAL EXCLUSION

EUROPEAN COMPETENCE

• Fundamental social rights• Majority voting: 2/3 of States; 62% population

– working conditions– information - consultation– health and safety

• Unanimity: – job security - social security - taxes– workers participation– collective bargaining

• Excluded: – remuneration-– trade union freedom– strikes and lock-outs

•

GLOBAL CHALLENGE

• “Core social” competences are national (unanimity)

• There is competition between the Member States EU regarding taxes, wage cost, labour market policies….: race to the bottom?

• Power relations between business and labour have dramatically changed

• There is no European Social Model• Wage cost and labour market policies are national affairs in

the EU• Local answers: Each Member State is on his own !!!!!

SOURCES OF LABOUR LAW

• Legislation (regulations & directives)• Collective agreements (power relations)• Case Law (ECJ) = strong• Soft law: Guidelines

ACQUIS COMMUNAUTAIRE• Free movement of workers (art. 39)• Individual employment contracts (1991)• Protection of young people at work (1994)• Equal treatment (art. 141 and directives)• Motherhood (1992)• Working time (1993)• Safety and health (Art. 137 and directives)• Collective redundancies (1975-1992-1998)• Transfer of undertakings (1977-1998-2001)• Insolvency of the employer (1980)• European Works Councils (1994-2009)

ACQUIS COMMUNAUTAIRE• Parental leave (1996)• Posting of workers (1996)• Part-time (1997)• Reversal of proof in case of discrimination (1997)• Agreement on fixed term contracts (1999)• Equal treatment (racial-ethnic origin) (2000)• Equal treatment (general framework) (2000)• European Company Statute (2001)• Information and consultation (2002)• Voluntary agreement on telework (2002)• Voluntary agreement on related work stress (2004)• Equal opportunities & men & women (2006)• Voluntary Agreement on violence and harassment at work

(2007)• Temporay Agency work (2008)

EU EMPLOYMENT GUIDELINES

• Open Method of coordination

• Guidelines

• National plans – evaluation

• Guidelines– Employability = flexsecurity– Entrepeneurship– Adaptability– Equal opportunities

SOCIAL DIALOGUE

• A lot of contact – almost no contract• Agreements + directive

– Parental leave (1996)– Part time (1997)– Fixed term contracts (1999)– Some sectoral agreements

• Voluntary agreements– Telework (2002)– Stress related work (2004)– Violence and harassment at Work (2007)

GOAL OF LABOUR LAW = FLEXICURITY

Match supply and demand on the labour market: create more and better jobs

Balance

* As much flexibility as possible

* As much security as necessary

From job security to employment security

Role of governments, of the private employment agencies and social partners

Transsecurity (Sweden)

CONCLUSIONS

• Companies need to be flexible. • Workers need security• Power relationship has been

dramatically changed in favour of capital

• The economy is global, the social answer local.

• Without strong European social policies, flexicurity may be one way street, unless shortage of labour, due to the greying of the population, pushes companies to provide for more employability and security.

FUTURE OF LABOUR LAW

• International&European: soft law• EU: voluntary agreements & open

method of coordination– Hard law: hard to agree, even in case of

qualified majority– Case law: European Court of Justice

will be main initiator of future labour law• Equal treatment (gender, age….)

• Acquired rights: transfer of enterprises

– Main developments: national, as indicated, fore-ever

– It is not forbidden to dream !!!!!!!!!!!!!!!!!!