www.tuc.org.uk

Future of Social Europe & Workers’ Voice

Hannah ReedSenior Employment Rights

Officer

www.tuc.org.uk

Evolution of EU Social Policy

• Support for the single market depends on an effective social dimension

• Social policy primarily the responsibility of national governments

• National industrial relations systems respected

• EU provided floor of employment rights aimed at preventing ‘social dumping’

• Role for social partners• Source of important employment rights for

UK workers

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EU source of employment rights

• Promoting equality– Equal value; LGBT rights; age discrimination

• Protecting atypical workers– Rights for part-time; fixed term & agency

workers; health and safety

• Rights during restructuring – TUPE rights; insolvency protections; collective

redundancies

• Worker representation– Information and consultation rights

• Health and safety standards

www.tuc.org.uk

Turning tide

• Limited social policy programme– Better regulation & small firm exemptions

• ECJ Judgements– Limiting right to strike and collective

bargaining and use of national law and procurement

• Austerity measures– Minimum wage rates; public sector pay &

collective bargaining

www.tuc.org.uk

Way forward

• ETUC Campaign & Social Compact

• Making the case:– Deregulation of employment

standards not right response to the crisis

– Need for quality and sustainable jobs

www.tuc.org.uk

Principles shaping the future of social Europe• Respecting human rights

• Rights for all

• Promoting equal treatment

• Providing worker voice and participation

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EU Social Policy

Current Issues

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Respecting human rights

• Need for reforms: – Restoring fundamental social rights, including

the right to strike– Restoring the ability of unions to negotiate to

improve conditions for posted workers– Respecting national industrial relations

systems

= Social Progress Clause

• Commission proposals for a “Monti II” Regulation & Posted Workers Enforcement Directive

www.tuc.org.uk

Monti II shown the ‘Yellow Card’

• ETUC/TUC concerns: – not protect the right to strike; – not tackle problems created by ECJ; – not consistent with ILO standards

• One third of Member States objected to ‘Monti II’:– Interfered in domestic industrial relations

systems– EU should not regulate right to strike– Failed to address issues raised by ECJ cases

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Improved rights for posted workers

• Posted Workers Enforcement Directive– Better monitoring of movement of PWs – Better access to information about pay

and conditions paid to posted workers– Regulation of supply chains

• PWs should be entitled to all national employment rights

• Trade unions should be able to organise and bargain on behalf of PWs

www.tuc.org.uk

Public Procurement Directive: ETUC key goals

• Public authorities should be able to take social considerations into account when awarding contracts

• Contractors should be required to comply with collective agreements and employment law which apply where work is done / services supplied

• Contractors should be excluded if they have violated collective agreements or employment rights

• Joint and several liability between contractors

www.tuc.org.uk

Worker Voice

• EU ‘Fitness Checks’– Collective redundancies – TUPE– National Information and Consultation

• UK proposals:– Reducing redundancy consultation periods

where 100+ employees at risk from 90 days to 45 or 30 days

– Guidance on what is an ‘establishment’ – Reforming TUPE?

www.tuc.org.uk

Worker voice

• Strengthened EU information and consultation rights

• Strengthened rights during restructuring

• Worker participation: – worker representatives on

remuneration committees

www.tuc.org.uk

Any questions?