Future of Social Europe & Workers’ Voice Hannah Reed Senior Employment Rights Officer

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

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

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

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

Principles shaping the future of social Europe Respecting human rights Rights for all Promoting equal treatment Providing worker voice and participation

EU Social Policy Current Issues

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

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

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

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

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?

Worker voice Strengthened EU information and consultation rights Strengthened rights during restructuring Worker participation: –worker representatives on remuneration committees

Any questions?