European labour law
Encyclopedia
European labour law is the developing field of laws relating to rights of employment and partnership at work within the European Union
and countries adhering to the European Convention on Human Rights
.
) lists in article 153(1) the European Union's competence in the field of labour law
. What is conspicuously not included is unjust dismissal of workers, and according to article 153(5) "pay, the right of association, the right to strike or the right to impose lock-outs". As it says, "the Union shall support and complement the activities of the Member States in the following fields:"
The objectives draw, according to TFEU article 151, inspiration from a number of other treaties and sources, which in turn draw inspiration from the International Labour Organisation and the Versailles Treaty
There is also an old Directive concerning posted workers which has recently become highly contentious given decisions by the ECJ in The Rosalla and Laval.
This is reflected in a number of TFEU provisions.
Since the global financial crisis beginning in 2007, the EU acted to create a network of transnational financial regulators in an attempt to prevent the undercutting of standards by countries competing on low regulation. One of these is the European Insurance and Occupational Pensions Authority, which replaced a committee known as the "Committee of European Insurance and Occupational Pensions Supervisors".
There are two general Directives which allow for ongoing workplace participation.
Furthermore, in the European Company, the "Societas Europea", allows for employee participation on the board of directors.
However, a series of decisions recently determined by the European Court of Justice suggest that where member state law allowing trade union action results in a restriction of one of the fundamental freedoms protected by the European Union Treaties, the ECJ will (controversially) intervene.
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and countries adhering to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
Treaties
The Treaty on the Functioning of the European Union (deriving from the Treaty of RomeTreaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
) lists in article 153(1) the European Union's competence in the field of labour law
Labour law
Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...
. What is conspicuously not included is unjust dismissal of workers, and according to article 153(5) "pay, the right of association, the right to strike or the right to impose lock-outs". As it says, "the Union shall support and complement the activities of the Member States in the following fields:"
The objectives draw, according to TFEU article 151, inspiration from a number of other treaties and sources, which in turn draw inspiration from the International Labour Organisation and the Versailles Treaty
- European Social CharterEuropean Social CharterThe European Social Charter is a Council of Europe treaty which was adopted in 1961 and revised in 1996. The Revised Charter came into force in 1999 and is gradually replacing the initial 1961 treaty...
1961 - Community Charter of the Fundamental Social Rights of Workers 1989
Employment contracts
- Lawrie-Blum v Land Baden Wurttemberg (1986) C-66/85, [17] 'the essential feature of an employment relationship … is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration.'
- Pfeiffer v Deutsches Rotes KreuzPfeiffer v Deutsches Rotes KreuzPfeiffer v Deutsches Kreuz, Kreisverband Waldshut eV is a European labour law and UK labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998.-Facts:...
(2005) C-397/01, "the worker must be regarded as the weaker party to the employment contract and it is therefore necessary to prevent the employer being in a position to disregard the intentions of the other party to the contract or to impose on that party a restriction of his rights without him having expressly given his consent in that regard."
Free movement
Articles 45-48 state that workers have the right to move freely and work anywhere in the EU, without discrimination on grounds of nationality, subject to exceptions to preserve public policy, security and health.- Citizens Rights Directive 2004/38/EC
There is also an old Directive concerning posted workers which has recently become highly contentious given decisions by the ECJ in The Rosalla and Laval.
- Posted Workers DirectivePosted Workers DirectiveThe EU Posted Workers Directive is an EU directive concerned with the free movement of workers within the European Union. It makes an exception to the Convention on the Law Applicable to Contractual Obligations 1980, which ordinarily requires that workers are protected by the law of the member...
96/71/EC
Equality
The principle of equality regardless of status is a fundamental value in all European member states, and constitutes a core principle that pervades the objectives of every institution.- Kücükdeveci v Swedex GmbH & Co KG (2010) C-555/07
This is reflected in a number of TFEU provisions.
- Article 8 (ex Article 3(2) TEC) "In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women."
- Article 10, "In defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation."
- Part-time Workers Directive 97/81/EC
- Fixed-term Work Directive 99/70/EC
- Temporary and Agency Work Directive 2008/104/EC
- Equality Framework Directive 2000/78/EC
- Race Equality Directive 2000/48/EC
- Equal Treatment Directive 2006/54/EC
Child care and working time
- Pregnant Workers Directive 92/85/EEC
- Parental Leave Directive 96/34/EC and 97/75/EC
- Working Time DirectiveWorking Time DirectiveThe Working Time Directive is a European Union Directive, which creates the right for EU workers to a minimum number of holidays each year, paid breaks, and rest of at least 11 hours in any 24 hours; restricts excessive night work; and makes a default right to work no more than 48 hours per week....
2003/88/EC
Health and safety
- Health and Safety of Atypical Workers Directive 91/83/EEC
- Health and Safety Framework Directive 89/391/EC
- Minimum Workplace Safety Directive 89/654/EC
Pensions
A number of Directives deal with minimum standards for protecting the pension promise of employers in the event of business trouble, and require minimum standards of funding.- Occupational Pension Funds Directive 2003/41/EC
- Insolvency Protection Directive 2008/94/EC article 8
- Robins v Secretary of State for Work and PensionsRobins v Secretary of State for Work and PensionsRobins v Secretary of State for Work and Pensions is a UK insolvency law and labour law case, concerning the protection of employees' salaries on their employer's insolvency.-Facts:...
(2007) C-278/05, the member state pension guarantee institution must reimburse at much more than 20% of pension
Since the global financial crisis beginning in 2007, the EU acted to create a network of transnational financial regulators in an attempt to prevent the undercutting of standards by countries competing on low regulation. One of these is the European Insurance and Occupational Pensions Authority, which replaced a committee known as the "Committee of European Insurance and Occupational Pensions Supervisors".
- European Insurance and Occupational Pensions Authority Regulation 1094/2010
Social security
- Equal Treatment in Occupational Social Security Directive 86/378
- Equal Treatment in Social Security Directive 97/7/EC
- Social Security Regulation 1408/71/EC and 883/2004/EC
- Directive 2005/36/EC
Business restructuring
- Business Transfers Directive 2001/23/EC
- Insolvency Protection Directive 2008/94/EC, updating 80/987/EEC
- Collective Redundancies DirectiveCollective Redundancies DirectiveThe Collective Redundancies Directive is an EU Directive concerning the procedures and warnings that any employer is under a duty to its workforce to follow if it finds it necessary to make more than 20 employees over 90 days .-External links:*...
98/59/EC
Unemployment
The European Union undertakes ad-hoc initiatives to combat unemployment, but only indirectly through better regulation. It does not have any specific fiscal stimulus programme, outside funds used for general regional development. It does, however, have a high level of employment as a key objective of the union, and its agencies monitor employment across the continent.- TFEU Article 9, "In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health."
- Articles 145-150, on coordinated strategies to promote employment
- European Union Labour Force Survey
- EurostatEurostatEurostat is a Directorate-General of the European Commission located in Luxembourg. Its main responsibilities are to provide the European Union with statistical information at European level and to promote the integration of statistical methods across the Member States of the European Union,...
Workplace participation
In the context of business restructuring, the requirement to inform and consult the workforce is most pressing, and the obligation is found in two Directives.- Business Transfers Directive 2001/23/EC art 7
- Collective Redundancies DirectiveCollective Redundancies DirectiveThe Collective Redundancies Directive is an EU Directive concerning the procedures and warnings that any employer is under a duty to its workforce to follow if it finds it necessary to make more than 20 employees over 90 days .-External links:*...
98/59/EC art 2
There are two general Directives which allow for ongoing workplace participation.
- Transnational Works Council DirectiveTransnational Works Council DirectiveThe Transnational Works Council Directive is a European Union Directive on the establishment of works councils, for the purpose of information and consultation, in companies that operate transnationally within the EU.-Background:The present 2009 Directive updated the Works Council Directive...
2009/38/EC art 6(3) - Information and Consultation Directive 2002/14/EC art 4(2)
Furthermore, in the European Company, the "Societas Europea", allows for employee participation on the board of directors.
- Employee Board Participation Directive 2001/86/EC
Collective bargaining
Theoretically, only the European Court of Human Rights should have competence to decide issues related to collective bargaining and industrial action, as the European Union treaties do not confer competence on the EU to legislate on such issues. The ECHR's scope extends to collective bargaining given the right to freedom of association under article 11.- Article 11 ECHRArticle 11 ECHRArticle 11 of the European Convention on Human Rights protects the right to freedom of assembly and association, including the right to form trade unions, subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society".-Case law:*Plattform "Ärzte für das...
- Wilson and Palmer v United KingdomWilson and Palmer v United KingdomWilson v United Kingdom [2002] is a UK labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions...
- Demir and Baykara v TurkeyDemir and Baykara v TurkeyDemir and Baykara v Turkey [2008] is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining...
[2008] ECHR 1345
However, a series of decisions recently determined by the European Court of Justice suggest that where member state law allowing trade union action results in a restriction of one of the fundamental freedoms protected by the European Union Treaties, the ECJ will (controversially) intervene.
- The Rosella [2008] IRLR 143 (C-438/05), on freedom of establishment
- Laval Un Partneri Ltd v Svenska ByggnadsarbetareforbundetLaval Un Partneri Ltd v Svenska ByggnadsarbetareforbundetLaval Un Partneri Ltd v Svenska Byggnadsarbetareförbundet [2008] IRLR 160 is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike...
[2008] IRLR 160 (C-319/05, see also (C-319/06), on free movement of services
See also
- UK labour law
- German labour lawGerman labour lawGerman labour law refers to the regulation of the employment relationship and industrial partnership in Germany.-Contract of employment:*Burgerliches Gesetzbuch §§ 611–630...
- US labour law