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16 July 2020
EU: social priorities of the German EU Council Presidency
On 16 July, the German Federal Minister of Labour and Social Affairs presented the members of the European Parliament’s Employment Committee with the political priorities of his country’s presidency for its six-month tenure of the rotating EU Council Presidency role that commenced on 01 July....
2 July 2020
EU: the EU Commission takes a (timid) first step towards the recognition of the right to collective bargaining for self-employed workers
Thus the trap in which the self-employed find themselves ensnared. In order to redistribute the balance of power vis-à-vis contractor clients, the self-employed have to organise and negotiate tariffs collectively. However, some legislations understand this practice by the self-employed to amount to cartel arrangements in terms of competition law. To break the deadlock, on 30 June the...
1 July 2020
EU: European Commission presents a series of measures to support youth employment and skills acquisition
On 01 July and as a new crisis looms in the wake of the Covid-19 pandemic, the European Commission presented a package to support youth employment along with a New European Skills Agenda. Two documents set out the European Commission’s vision of addressing skills to enable all citizens access the labor market. In two other separate documents (both proposals for EU Council Recommendations), the European Commission suggests ways to reinforce the Youth Guarantee (which it renames ‘A Bridge to Jobs –...
29 June 2020
EU: a worker reinstated following unlawful dismissal must be granted paid leave entitlement for period between their dismissal and reinstatement (CJEU)
In a decision passed on 25 June, the Court of Justice of the European Union (CJEU) grants the right to a worker reinstated after their unfair dismissal has been overturned, to paid leave for the entire period from their dismissal to their reinstatement. The ruling, passed in relation to two cases, one regarding Italian law and the other regarding Bulgarian law, comes in light of...
25 June 2020
EU: coronavirus pandemic driving momentum for initiatives on the right to disconnect from work
Already in the European Parliament pipeline since the end of 2019, the right to disconnect (from work) has received an additional fillip amid the coronavirus pandemic. On 22 June, the social partners adopted a framework agreement on digitalization, which refers in broad terms to ‘arrangements for connection and disconnection’ (c.f. article No. 12016). However for the trade unions, the EU needs to go further and adopt new rules. The European Parliament is expected to adopt a non-legislative resolution on the...
Remote work regulations
18 June 2020
EU: a review of EU trade policy to make it an instrument for promoting social and environmental standards
Often more royal than a monarch, the EU has long been unconcerned about the reality of the competition conditions being practised by its trading partners, in the name of a well-established free trade rhetoric that rejects anything resembling protectionism. However, in recent years it has changed direction, and one which it has undertaken to further by placing greater emphasis on ‘the contribution of trade policy to major global challenges such as climate change, sustainable development and the digital...
12 June 2020
EU: the reference period for classifying collective redundancies must be as wide as possible (Opinion of the Advocate General in a case involving Spanish law)
Must the reference period (30 or 90 days) for collective redundancies, as laid down by relevant 1998 EU Directive 98/59, and which is used to classify a redundancy as collective or not based on the number of employment contract terminations occurring during that period, precede, succeed or overlap the ending of an employment contract for an employee seeking to benefit from the more...
4 June 2020
EU: CJEU rules against trade unions in their dispute with the DIA and Twins Alimentación group over arrangements for specific personal leave periods
The case decided by the CJEU on 04 June (ruling for Case C-588/18) arises from a dispute between the CCOO Services Federations plus the Fetico & FESMC-UGT unions (commerce) and the retail chains DIA plus Twins Alimentación over the conditions for personal leave applications in cases of births, deaths, marriages, and residential moving as provided for in the collective agreement for...
3 June 2020
EU: EU Commission’s plan to ensure fair minimum wages for all takes another step forward
On 03 June, the European Commission launched the second-stage consultation of the European social partners- a pre-requisite for a European Commission social initiative – on the minimum wage. As one of EU Commission President, Ms. von der Leyen’s priorities, the need for this initiative is all the more blatant today for the European Executive in so far as recent events have further cemented demand for EU efforts to reduce rising wage inequalities and in-work poverty as well as the fact that any European...
27 May 2020
EU: the European Commission presents a €750 billion recovery plan
On 26 May, European Commission President, Ursula von der Leyen presented its €750 billion recovery instrument called NextGeneration EU. The aim is to support the EU Members States as they try to manage the crisis and to promote investments in line with European priorities of climate neutrality, faster digitalization of economies, and social cohesion, by relying in large part on the inter-EU Member State transfer mechanisms that are central to the European model. Finance is to come from European debt issuance...
Managing the fallout of Covid-19