© S. Henneron, 2005 M.Sc. in European Business and International Business Law Sandrine HENNERON European Labour Law Presentation

© S. Henneron, 2005 The method of the course n Objectives: o To give an overview of social rules that companies have to respect when they develop their businesses across Member States o Individual aspects as well as collective aspects will be considered n Preparatory work n Assessment o Active and competent participation in class (40%) o Written examination (60%)

© S. Henneron, 2005 Case study method n Read the case carefully n Understand the procedure: o Identify parties involved o What do parties want? o Content of previous decisions? o Answer of the Court? n Identify the legal issue of the decision: what question(s) does the Court’s ruling suggest? o Grounds of the decision? o Criticisms of the decision? o Interests of the decision in a managerial point of view?

© S. Henneron, 2005 Introduction to European Labour Law n What is European Labour Law? o European Convention for the Protection of Human Rights and Fundamental Freedoms (November 4, 1950) = European Convention of Human Rights o Comparative Law among European Countries o Community Law

© S. Henneron, founding members (6) (B) Belgium (F) France (D) Germany (I) Italy (L) Luxembourg (NL) the Netherlands The EU in 1957

© S. Henneron, B) Belgium (F) France (D) Germany (I) Italy (L) Luxembourg (NL) the Netherlands 1973 ( DK) Denmark, (IRL) Ireland the (GB) United Kingdom 1981 (GR) Greece 1986 (P) Portugal (E) Spain 1990 East Germany 1995 (A) Austria (SF) Finland (S) Sweden The EU in 2004

© S. Henneron, 2005 EU in 2004 EU membership 2004 Cyprus Czech Republic Estonia Hungary Lativa Lithuania Malta Poland Slovakia Slovenia EU accession planned for 2007 (B) Bulgaria (R) Romania Candidate Country (T) Turkey EEA Enlargement of the EU

© S. Henneron, 2005 Institutions of the EU Commission Proposal Council Begins deliberating Parliament Opinion European Court of Justice (ECJ)

© S. Henneron, 2005 The basis of social policy n The origin of European Labour Law o The EU: the choice of an economic perspective o The single market o Labour issues as a consequence of economic policies

© S. Henneron, 2005 The EU Labour Market in Numbers: the population n 63,7% employed of years old n 56,1% female employment rate

© S. Henneron, 2005 The EU Labour Market in Numbers: the employment conditions n Gender gap n 17.7% part time employment

© S. Henneron, 2005 The EU Labour Market in Numbers: working / non-working situations n 8.9% unemployment rate (2004) n 37,7 hours worked per week n 34 paid holidays a year (September 2003)

© S. Henneron, 2005 The EU labour market in Numbers: the mobility n 2% of cross-boarders workers

© S. Henneron, 2005 Free movement for workers

© S. Henneron, 2005 Free movement for workers n The EC Treaty n A fundamental right for workers n The meaning

© S. Henneron, 2005 Article 39 of the Treaty establishing the European Community (Treaty of Rome) 1. Freedom of movement for workers shall be secured within the Community 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. 3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: 1. To accept offers of employment actually made; 2. To move freely within the territory of Member States for this purpose; 3. To stay in a Member State for the purpose of employment […]; 4. To remain in the territory of a Member State after having been employed in that State […]. 4. The provisions of this Article shall not apply to employment in the public service.

© S. Henneron, 2005 Free movement for workers n The scope o Workers o Family members o Exceptions n The content o Right to leave o Access and residence o Equal treatment

© S. Henneron, 2005 The scope of free movement for workers: workers n A community meaning n A person who performs services for and under the direction of another person in return for which he/she receives remuneration o Performance of services o In subordination for o Remuneration

© S. Henneron, 2005 The scope of free movement for workers: workers n The performance of an economic activity o A gainful employment o A remunerated service

© S. Henneron, 2005 Application to the area of sport n Sport professionals encounter certain barriers to freedom of movement n Cases study: »The Bosman Case (December 15,1995) »The Kolpak Case (May 8, 2003) »The Simutenkov case (April 12, 2005)

© S. Henneron, 2005 The scope of free movement for workers: workers n In subordination for o To perform services for and under the direction and supervision of another person n Determination of the services to be performed n Determination of working hours n Instructions to be observed n Remuneration

© S. Henneron, 2005 Free movement for workers: family members n Status of a dependant member of the worker’s family n The notion of spouse

© S. Henneron, 2005 The scope of free movement for workers: the exceptions n Employment in the Public Sector o Restrictive interpretation o Access to employment only o Examples n Public Policy, Security and Public Health o Public Policy and Security o restrictive interpretation /area of discretion for the competent national authorities, within the limits imposed by the EC Treaty o Based only on personal conduct of the individual concerned o Public Health o List of diseases and disabilities in the annex of the directive

© S. Henneron, 2005 Article 39 of the Treaty establishing the European Community (Treaty of Rome) 1. Freedom of movement for workers shall be secured within the Community 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. 3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health: 1. To accept offers of employment actually made; 2. To move freely within the territory of Member States for this purpose; 3. To stay in a Member State for the purpose of employment […]; 4. To remain in the territory of a Member State after having been employed in that State […]. 4. The provisions of this Article shall not apply to employment in the public service.

© S. Henneron, 2005 The content of free movement for workers -1 n The right to leave o Obligation to abolish restrictions on the movement and the residence of nationals of Member States and of the members of their family o The precondition for the right to move and residence: a concrete offer of employment

© S. Henneron, 2005 The content of free movement for workers -2 n Access and Residence o Access n no entry visa or equivalent document required o Residence n In the case of employment o Residence Permit for a National of a Member State of the EC n In the case of ceased occupational activity o A worker who retires in the host Member State and who has been employed in that State for at least the last 12 months and has resided there continuously for more than 3 years o A worker who, having resided continuously in the territory of that State for more than 2 years, ceases to work there as an employed person as a result of permanent incapacity to work o A worker who, after 3 years’ continuous employment and residence in the territory of that State, works as an employed person in the territory of another Member State, while retaining his residence in the territory of the first State, to which he returns, as a rule each day or at least once a week

© S. Henneron, 2005 The content of free movement for workers -3 n Equal treatment o Article 39 of the EC Treaty (2) n Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.