Future of Social Europe & Workers’ Voice

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

2. 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

3. 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

4. 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

5. 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

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

7. EU Social Policy Current Issues

8. 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

9. 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

10. 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

11. 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

12. 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?

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

14. Any questions?