This equipment was donated by Thompsons solicitors European Employment Law at a Crossroads Thursday 10 th January 2008

European labour law agenda: the Green Paper and beyond Judith Kirton-Darling European Officer Unite Institute of Employment Rights European Employment Law 10 th January 2008

Green Paper on Labour Law From worker protection to flexicurity –Early 2000s – how to fill the gaps in European labour law? –2001 failed social dialogue on TAW → failed Council negotiations –2003 study on economically dependent workers/Dutch Presidency 2004 Green Paper on labour law –Originally due in May 2006 but delayed to November Employers protest at suggestion of new worker protection measures Expanded in scope (TAW/WTD/posting) –Change in tone of the analysis: flexibility without security Institute of Employment Rights European Employment Law 10 th January 2008

Green Paper focus FlexibilitySecurity External numerical: i.e. lay-offs, greater use of fixed-term and agency work Job: i.e. employment protection legislation, dismissal protection Internal numerical: i.e. adjustment within a firm – through working time arrangements Employment: i.e. ensuring employment opportunities – through training/education Functional: i.e. training, multi- tasking, job rotation Income: i.e. adequate and stable levels of income Financial: i.e. (firm or worker) performance related pay Combination: i.e. ability of worker to combine job and other commitments

Modernise = Casualise? Basic assumption of Commission’s analysis: –role of labour law is not worker protection but enhancing job creation and competitiveness Analysis: 1.Protect the worker not the job: globalised market needs more ‘adaptable’ and ‘flexible’ individual workers. Focus on ‘transitions’ and training 2.Insiders vs. outsiders: A reduction in employment protection legislation and the introduction of different ‘flexible’ contracts and working conditions is necessary to attain employment growth and labour market inclusion of excluded groups Totally ignored: –reality on the ground: all workers are increasingly flexible –the role of collective labour law –mass of empirical evidence (e.g. World Bank/OECD) Institute of Employment Rights European Employment Law 10 th January 2008

Results of the Green Paper October 2007: 5 priority areas for consideration/cooperation: –The prevention and combating of undeclared work, especially in cross-border situations; –the promotion, development and implementation of training and life-long learning to ensure greater employment security over the life cycle; –the interaction between labour law and social protection rules in support of effective employment transitions and sustainable social protection systems; –the clarification of the nature of the employment relationship to promote greater understanding and facilitate cooperation across the EU, and; –the clarification of the rights and obligations of the parties involved in sub-contracting chains, to avoid depriving workers of their ability to make effective use of their rights. No new labour legislation – implementation nationally through flexicurity policy Institute of Employment Rights European Employment Law 10 th January 2008

Flexicurity: plus ça change… June 2007 Flexicurity Communication was marginally more balanced than GP, but: –No ‘one size fits all’ approach allowed all to claim ownership (e.g. UK) –Embarrassment of blocked directives showed no guarantees on security dimension Nov/Dec 2007: Council and EP prepare more balanced positions –Stress on negotiated solutions and trust December 2007: Employment guidelines ignore ‘flexicurity’ principles –National action plans due in forthcoming months Institute of Employment Rights European Employment Law 10 th January 2008