Comparative overview of industrial relations in Europe in 2003
Published: 4 August 2004
Here we review the main developments in industrial relations in 2003 in the countries covered by the European Industrial Relations Observatory (EIRO) - the 15 EU Member States, Norway, eight of the new Member States due to join the EU in 2004 (Cyprus, Estonia, Hungary, Latvia, Malta, Poland, Slovakia and Slovenia) and two candidate countries (Bulgaria and Romania). We examine the key issues covered by collective bargaining - pay, working time, job security, equal opportunities and diversity issues, and training and skills development - as well as legislative developments, the organisation and role of the social partners, industrial action, employee participation, stress at work, undeclared work, and new forms of work. We start by setting out very briefly the economic and political context for industrial relations in Europe in 2003.
This article provides a comparative overview of industrial relations in 2003 in the current European Union, Norway, and 10 acceding and candidate countries.
Here we review the main developments in industrial relations in 2003 in the countries covered by the European Industrial Relations Observatory (EIRO) - the 15 EU Member States, Norway, eight of the new Member States due to join the EU in 2004 (Cyprus, Estonia, Hungary, Latvia, Malta, Poland, Slovakia and Slovenia) and two candidate countries (Bulgaria and Romania). We examine the key issues covered by collective bargaining - pay, working time, job security, equal opportunities and diversity issues, and training and skills development - as well as legislative developments, the organisation and role of the social partners, industrial action, employee participation, stress at work, undeclared work, and new forms of work. We start by setting out very briefly the economic and political context for industrial relations in Europe in 2003.
Economic developments
Economic growth continued to slow across the EU during 2003. Eurostat figures relating to the third quarter of 2003 show that GDP growth in the in the 12 countries of the 'euro-zone' was 0.3%, compared with the same period in 2002. GDP growth for the EU 15 was slightly higher, at 0.6%. This compares with GDP growth of 0.9% in the euro-zone and 1.1% in the EU 15 during the year to the third quarter of 2002. However, there were, as always, wide variations across the individual EU Member States. The country with the strongest economic growth was Greece, where third quarter 2003 GDP growth was 5.0% over 12 months, followed by Spain, where growth was 2.4%, and the UK, where growth was 2.1%.
Ireland experienced zero growth in the year to the third quarter of 2003, according to Eurostat, after many years of strong economic growth. A number of countries experienced negative growth: the Netherlands (-1.2%); Portugal (-0.9%); Denmark (-0.5%); and Germany and France (both -0.3%).
GDP growth was much stronger in the acceding countries. It averaged 3.7%, based on non-seasonally-adjusted data, in the 12 months to the third quarter of 2003. This is an increase on the 2.7% registered in the year to the third quarter of 2002. Growth rates in individual countries ranged from 8.8% in Lithuania and 7.3% in Latvia, to 1.9% in Malta and 2.2% in Cyprus.
For details of GDP growth in the third quarters of 2002 and 2003, see figure 1 below.
Figure 1. GDP growth in the EU, Norway and the acceding countries, third quarter 2002 and 2003 (% change compared with the same quarter in the previous year)
* 2002 figure not seasonally adjusted, ** 2002 figure provisional.
Source: Eurostat.
Inflation appears to be slowing in the EU. The rate for the EU 15 over the period December 2002 to December 2003 was 1.8% and for the euro-zone 2.0%, according to Eurostat. This compares with 2.2% in both the EU 15 and the euro-zone for the period December 2001 to December 2002. Greece was the Member State with the highest rate of inflation, at 3.1%. Inflation in Ireland was also high, at 2.9%, although this is down significantly on the 4.6% recorded the previous year. Inflation was also relatively high in Spain (2.7%), Portugal (2.3%) and France (2.4%).
The acceding countries present a rather mixed picture, with inflation varying considerably in the year to December 2003. Rates range from 9.5% in Slovakia and 5.6% in Hungary to -1.3% in Lithuania and 1.0% in the Czech Republic.
For details of inflation in the year to December 2002 and December 2003, see figure 2 below.
Figure 2. Inflation in the EU, Norway and the acceding countries, annual % increase, to December 2002 and December 2003
* 2003 figure provisional.
Source: Eurostat (except Norway, Statistics Norway)
Unemployment is continuing to rise in the EU in general, despite the efforts to improve labour market performance taken at EU level and in individual Member States. The overall rate of unemployment for the EU 15 was 8.0% as at December 2003, compared with 7.8% in December 2002, according to Eurostat. The rate of unemployment in the euro-zone was 8.8% in December 2003, compared with 8.5% in December 2002.
As is always the case, the rate of unemployment varied considerably between EU countries, from 11.2% in Spain (although this is a decrease on the 11.5% recorded in December 2002), 9.5% in France and 9.2% in Germany, to 3.9% in Luxembourg (although this is higher than the 2.7% recorded in December 2002) and 4.1% in the Netherlands (November 2003 figure). Spain continued to experience problems in controlling unemployment, although the rate came down over the year. Unemployment in the majority of EU Member States increased during the year to December 2003. The exceptions were Spain, Italy, Finland and the UK.
Much of the increase in unemployment can be attributed to the continuing deterioration in the economic climate experienced during 2003. Member States will have to work hard at their labour market policies during 2004 to try to achieve the targets set at the Lisbon European Council in 2000 (EU0004241F), and the European Commission has acknowledged recently that the EU is in danger of not fulfilling these goals (EU0402204F).
In the acceding countries, the rate of unemployment is at present much higher than in the EU Member States, although it is on a downward trend. Figures for November 2003 show an average rate of unemployment of 14.1% in the 10 acceding countries, down from 14.6% in December 2002. In the individual countries, the average rates varied from 19.1% in Poland in November 2003 (although this is down from 19.7% in December 2002) and 16.6% in Slovakia in December 2003 (down from 18.3% in December 2002) to 4.8% in the Czech Republic and 5.9% in Hungary (both December 2003 figures).
For an overview of unemployment rates, see figure 3 below.
Figure 3. Unemployment in the EU, Norway and the acceding countries, % of workforce in December 2002 and December 2003, seasonally adjusted
* 2003 figure November inclusive, ** 2003 figure October inclusive, *** 2003 figure not applicable
Source: Eurostat (except Norway, Statistics Norway).
Political developments
General elections were held in Belgium, Estonia, Finland, Malta and the Netherlands in 2003. A range of other types of elections also took place during the year. For example, in Austria, elections to regional parliaments were held. Similarly, in Germany, four major regional elections at the level of the federal states were held during the year.
Presidential elections took place in Cyprus on 16 February 2003, resulting in the election of Tassos Papadopoulos. In Latvia, President Vaira Vike Freiberga was elected for a second four-year term.
Local elections took place in a number of countries. In Bulgaria, local government elections took place, electing mayors and municipal councils throughout the country. In Italy, administrative elections were held between the end of May and the beginning of June 2003 to renew a number of local governments: two regional administrations; 12 provincial administrations; and almost 500 municipal administrations. In Malta, local elections were held in 22 localities (a third of the total) in April 2003. In May 2003, local elections were held in the whole of Spain and regional elections were held in all the autonomous regions, except Galicia, Catalonia, Andalucia and the Basque Country. Local council elections were held in England in May 2003 and local government elections took place in Norway in September 2003.
For an overview of political developments in 2003, see table 1 below.
| Country | Political situation |
| Austria | General elections were held on 24 November 2002, resulting in gains for the conservative Austrian People’s Party (Österreichische Volkspartei, ÖVP). The ÖVP increased its vote to 42.3%, whereas its former coalition partner, the populist Freedom Party (Freiheitliche Partei Österreichs, FPÖ), saw its share of the vote collapse. After a three-month period of negotiations with all parties represented in parliament, the ÖVP decided at the end of February 2003 to continue its previous coalition with the FPÖ. Chancellor Wolfgang Schüssel of the ÖVP and Vice-Chancellor Herbert Haupt of the FPÖ presented the new government’s programme for the coming legislative period on 6 March 2003 (AT0303202F). The core issues of the programme were reforms of the state pensions and taxation systems, the reduction of non-wage labour costs and the privatisation of remaining state-owned industries. In 2003, three significant elections to regional (Länder) parliaments were held. At the end of March, elections in Lower Austria brought victory for the ÖVP, which won 53.3% of the vote. The regional elections held in Tyrol in late September 2003 resulted in the ÖVP obtaining an absolute majority. However, the regional elections in Upper Austria, also held in late September, resulted in the Social Democratic Party (Sozialdemokratische Partei Österreichs, SPÖ) increasing its share of the vote to 38.3%. |
| Belgium | Federal elections to the chamber of deputies and senate took place in June 2003, resulting in the election of a new 'purple' coalition, made up of liberals and socialists. This replaced the previous 'rainbow' coalition of liberals, socialists and ecologists. The ecology parties suffered a significant defeat in 2003, depriving the Flemish green party (Agalev) of any representation in the federal parliament. Thus, the following parties are now in government - again led by Prime Minister Guy Verhofstadt of the VLD - for the next four years: the Flemish Liberals and Democrats (Vlaamse Liberalen en Democraten, VLD); the (French-speaking) Reform Party (Movement Réformateur, MR); the (French-speaking) Socialist Party (Parti Socialiste, PS); and the (Flemish-speaking) Progressive Social Alternative (Sociaal Progressief Alternatief, SP.A). The coalition agreement includes a number of important employment and social plans, such as creating 200,000 jobs over four years and cutting employers' social security contributions (BE0308302N). |
| Bulgaria | Local government elections took place in 2003, electing mayors and municipal councils throughout the country. The traditional right-leaning Union of Democratic Forces and Bulgarian Socialist Party retained their positions in local government to a large extent, although new opposition parties are starting to emerge. The party forming the national government, National Movement Simeon the Second, registered very low results, leading to increased internal pressure in this party. |
| Cyprus | Cyprus has been governed since 1993 by the conservative Dimokratikos Synagermos Party, supported by the Liberal Democrat Party (EDIK). Presidential elections took place on 16 February 2003, resulting in the election of Tassos Papadopoulos, with the support of four parties: the Progressive Party of the Working People of Cyprus (AKEL); the Cyprus Democratic Party (DIKO); the United Democratic Union of the Centre (EDEK); and the ecology party. |
| Denmark | The government formed in November 2001 by the Liberal Party (Venstre) and the Conservative Party (Det Konservative Folkeparti), headed by Liberal leader Anders Fogh Rasmussen, continued in office during 2003. The next parliamentary elections will be held in 2005. |
| Estonia | A general election was held in March 2003, resulting in the left-of-centre Estonian Centre Party (Eesti Keskerakond) and the right-of-centre Res Publica (founded in December 2001) gaining around 25% of the votes each. A new government was consequently formed by Res Publica, the right-wing Reform Party (Reformierakond) and the centre Estonian People’s Union (Eestimaa Rahvaliit). The former government consisted of the Estonian Centre Party and the Reform Party. |
| Finland | Parliamentary elections took place on 16 March 2003, resulting in major gains for the then opposition Centre Party (Suomen Keskusta), which is now the largest party in the country and has 55 seats in the 200-seat parliament, with 24.7% of the votes. The Social Democratic Party (Suomen Sosiaalidemokraattinen Puolue) also made gains, and has 53 MPs. A new centre-left coalition government was formed (FI0304202F), headed by Anneli Jäätteenmäki (Finland’s first female Prime Minister), replacing the former 'rainbow' coalition of left- and right-wing parties. It comprised ministers from the Centre Party, the Social Democratic Party and the Swedish People's Party (Svenska Folkpartiet). However, soon after the appointment of the new government, the Prime Minister was accused of having used illegal material in the election campaign and was forced to leave office in June 2003, taking the new government with her. A fresh government was appointed later that month, with an almost identical composition to the previous one. Local elections are scheduled to take place in October 2004. |
| France | No political elections were held in 2003 and the governing centre-right coalition of parties (headed by Prime Minister Jean-Pierre Raffarin) and President Jacques Chirac enjoyed a period without major elections, which will come to an end in the spring of 2004, when regional elections will take place. Polls suggest that overall confidence in the government appears to be diminishing, due to the worsening economic climate, the weakening of social welfare programmes and fears about job losses. |
| Germany | The current 'red-green' coalition government, composed of the Social Democratic Party (Sozialdemokratische Partei Deutschlands, SPD) and Alliance 90/The Greens (Bündnis 90/Die Grünen), headed by Chancellor Gerhard Schröder, continued to govern during 2003. However, four major regional elections in the federal states brought mixed results. In Bremen a coalition government of SPD and the Christian Democratic Party (Christlich Demokratische Union, CDU) defended its majority, as did the conservative Christian Social Union (Christlich Soziale Union, CSU) in Bavaria. In Hesse, the ruling coalition of the CDU and the Free Democratic Party (Freie Demokratische Partei, FDP) was replaced by a CDU government, while the SPD government in Lower Saxony was voted out of office and replaced by a CDU/FDP coalition. As a result of these elections, the federal opposition parties (CDU/CSU and FDP) successfully defended their majority in the second chamber of parliament (Bundesrat). As many legislative initiatives in the industrial relations and employment fields require a majority in both chambers of parliament, the government has been forced to find political compromises with the conservative and liberal opposition parties. |
| Greece | The ruling Pan-Hellenic Socialist Movement (Panelino Socialistiko Kinima, PASOK), which came to power in 2000, remained in office during 2003, headed by Prime Minister Konstantinos Simitis. The next election was scheduled for early May 2004. However, on 7 January 2004, the Prime Minister announced his intention to resign as chair of PASOK after the election, automatically bringing the election forward to 7 March 2004. |
| Hungary | The Hungarian Socialist Party (Magyar Szocialista Párt, MSZP) and the liberal Alliance of Free Democrats (Szabad Demokraták Szövetsége, SZDSZ), elected in April 2002, continued to govern during 2003. However, 2003 proved to be a rather turbulent year in terms of the economy. In March, the Minister of Finance began informal negotiations with trade unions on a mid-term economic policy which would cap further wage increases. However, the unions refused and negotiations broke down in the early summer. The government subsequently issued a unilateral proposal on postponement of tax reductions, among other matters. However, this was severely criticised by opposition parties and trade unions and caused tensions within the coalition itself. |
| Ireland | The coalition of the majority centrist Fianna Fail party and the small right-of-centre Progressive Democrats (PDs), elected in May 2002, continued to govern during 2003. |
| Italy | The centre-right coalition of parties elected in May 2001, the House of Freedoms (Casa delle Libertà), continued to govern during 2003, led by Prime Minister Silvio Berlusconi. The coalition is composed of Forza Italia, the National Alliance (Alleanza Nazionale), the Northern League (Lega Nord) and the Centre Christian Democratic Union (Unione Democratica Cristiana di Centro, UDC). Administrative elections were held between the end of May and the beginning of June 2003 to renew a number of local governments: two regional administrations; 12 provincial administrations; and almost 500 municipal administrations. The centre-left coalition, which forms the parliamentary opposition, performed well in these elections. Important administrative elections will be held in the spring of 2004. |
| Latvia | Elections for the state President were held in 2003, following the expiry of the previous four-year term in June. President Vaira Vike Freiberga was elected for a second term. The government during 2003 was a coalition of the centrist New Era (Jaunais laiks, JL), the centre-right Latvia First Party (Latvijas Pirmā Partija, LPP), the Green and Farmers Union (Zalo un Zemnieku savienība, ZZS) and the conservative Alliance Fatherland and Freedom-LNNK (Apvienība Tēvzemei un Brīvībai/LNNK, TB/LNNK). |
| Luxembourg | The coalition government, made up of the Social Christian Party (Chrëschlech Sozial Vollekspartei, CSV) and the Democratic Party (Demokratesch Partei, DP), which came to power in August 1999, continued in office during 2003. The next legislative elections are scheduled for 2004. |
| Malta | General elections were held on 12 April 2003, resulting in victory for the ruling Nationalist Party (Partit Nazzjonalista), with 51.8% of the vote. These elections took place a month after a referendum on joining the EU, which resulted in a 'yes' vote, supported by the Nationalist Party. Eddie Fenech-Adami was re-elected Prime Minister. Local elections were held in 22 localities (a third of the total) on the same day as the EU referendum. The Malta Labour Party (Partit Laburista) won around 7% more votes than the Nationalist Party. The next local elections will take place on 12 June 2004 in 22 local councils. |
| Netherlands | The parliamentary elections of January 2003 (NL0302101N) resulted in gains for the governing Christian Democratic Appeal (Christen Democratisch Appel, CDA) party and the opposition social democratic Labour Party (Partij van de Arbeid, PvdA). The right-wing populist List Pim Fortuyn (Lijst Pim Fortuyn, LPF), which had been part of the previous government, lost significant ground, retaining only eight of its 26 seats. Subsequent coalition negotiations between the CDA and the PvdA broke down and were followed by negotiations between the CDA and two liberal parties - the liberal Party for Freedom and Democracy (Vereniging voor Vrijheid en Democratie, VVD) (part of the previous coalition) and the social liberal Democraten 66 (D66) - which resulted in an agreement in May 2003 (NL0306101N). The new government outlined a package of cutbacks, mainly in the area of social security, aimed at achieving a balanced state budget by 2007. This caused controversy among trade unions. Nevertheless, the government and the social partners agreed in autumn 2003 on a 'social agreement' for 2004, including, among other points, a temporary wage freeze (see main text). |
| Norway | The centre-right minority coalition government which took office in October 2001, comprising the Conservative Party (Høyre), the Christian Democratic Party (Kristelig Folkeparti, KRF), and the Liberal Party (Venstre), remained in power during 2003 under Prime Minister Kjell Magne Bondevik. Local government elections took place in September 2003, with very poor results for the KRF. The Conservative Party also experienced a drop in support. The Norwegian Labour Party (Det norske Arbeiderparteit, DnA), improved its standing with the electorate, but nevertheless experienced a slight drop in support compared with previous local elections. |
| Poland | The coalition government elected in 2001, made up of the left-wing Democratic Left Alliance (Sojusz Lewicy Demokratycznej, SLD), the Labour Union (Unia Pracy, UP) and the Polish Peasants Party (Polskie Stronnictwo Ludowe, PSL), broke up in March 2003. The SLD and UP subsequently continued in office as a minority coalition government. A number of independent deputies backed the government in numerous important votes. 2003 was marked by several cabinet members losing their jobs, including the deputy Prime Minister and the Minister of Finance. The new deputy Prime Minister put forward a package of reform measures aimed at reducing public expenditure (PL0312107F). |
| Portugal | The coalition of the centre-right Social Democrat Party (Partido Social Democrata, PPD/PSD) and the right-wing People's Party (Partido Popular, CDS/PP), elected in March 2002, continued to govern during 2003. The political debate during the year was dominated by the worsening economic situation. |
| Romania | The present Social Democratic Party (Partidul Social Democrat, PSD) government was elected in November 2000 for a four-year term. The Prime Minister is Adrian Nastase. The next elections are due in the autumn of 2004. The government was reorganised in June 2003, following criticisms that it was too large. Thus, the number of ministers was reduced from 24 to 15. |
| Slovakia | The government elected in September 2002 - a coalition of the Slovak Democratic and Christian Union (Slovenská Demokratická a Krestanská Únia, SDKÚ), the Hungarian Coalition Party (Magyar Koalíció Pártja/Strana Madarskej Koalície, MKP/SMK), the Christian-Democratic Movement (Krestansko Demokratické Hnutie, KDH) and the New Civic Alliance (Aliancia Nového Obcana, ANO) - continued in office during 2003. There were a number of problems regarding internal relations between the coalition parties during 2003, although the government continued to function, implementing reforms in the social and economic fields. |
| Slovenia | The current government is a centre-left coalition, headed by Prime Minister Anton Rop. The coalition parties are Liberal Democracy of Slovenia (Liberalna Demokracija Slovenije, LDS), the United List of Social Democrats (Zdruzena Lista Socialnih Demokratov, ZLSD), the Slovenian People’s Party (Slovenska Ljudska Stranka, SLS-SKD) and the Democratic Party of Pensioners of Slovenia (Demokraticna Stranka Upokojencev Slovenije, DeSUS). The next general election is scheduled to be held in 2004. |
| Spain | The government of the centre-right People’s Party (Partido Popular, PP), elected in March 2000, continued in office with an absolute majority during 2003. In May, local elections were held in the whole of Spain and regional elections were held in all regions, except Galicia, Catalonia, Andalucia and the Basque Country. In the local elections, the Socialist Party (Partido Socialista Obrero Español, PSOE) obtained 200,000 more votes than the PP. After the regional elections, the PP governs Castilla-León, the Canary Islands - with the support of the Canary Islands Coalition (Coalición Canaria) - the Balearic Islands, La Rioja, Murcia, Navarre and Valencia. The PSOE governs Asturias - with the support of the United Left Party (Izquierda Unida, IU) - Cantabria - with the support of the Cantabrian Regionalist Party (Partido Regionalista Cántabro) - Castilla-la Mancha and Extremadura. In Madrid, the regional elections were won by a left-wing alliance of the PSOE and the IU. In Catalonia regional elections were held in November and were won by a left-wing coalition of the Socialist Party of Catalonia (Partit dels Socialistes de Catalunya, PSC), the Initiative for Catalonia/Green Party (Iniciativa per Catalunya-Verds, ICV) and the Republican Left Party (Esquerra Republicana de Catalunya, ERC). The next general elections are scheduled for 14 March 2004. |
| Sweden | The minority Social Democratic Party (Socialdemokratiska Arbetarepartiet, SAP) administration, elected in 2002, continued in office during 2003. It operates with the help of the Left Party (Vänsterpartiet) and the Green Party (Miljöpartiet de Gröna). The next election will take place in 2006. |
| UK | The Labour Party, which was returned to power in June 2001 for a second five-year term, continued in office throughout 2003. Local council elections were held in England in May 2003, resulting in modest gains for the Conservative Party and Liberal Democrat Party at the expense of the Labour Party. Labour lost control of a significant number of councils and the Conservatives now control the largest number. Labour lost seats in the Scottish Parliament. but gained them in the Welsh Assembly, remaining the largest party in each case. |
Source: EIRO.
Collective bargaining developments
General
A range of important collective bargaining developments took place in EU Member States and acceding and candidate countries during 2003. For a summary of events in individual countries, see table 2 below.
A number of new national-level agreements with general pay and employment conditions provisions were concluded during the year. In Ireland, after some weeks of debate, the social partners finally succeeded in concluding a new accord in January 2003 (IE0301209F), which was ratified in March (IE0304201N). In Spain, 2003 was covered by a second successive national intersectoral agreement setting the framework for lower level bargaining (ES0302204F). In Belgium, a new intersectoral agreement was officially signed in January 2003, covering 2003 and 2004 (BE0302302F). In the Netherlands, the social partners reached an agreement with the government late in the year which will freeze pay during 2004 (NL0310103F). In Norway, central agreements revised (though only for low-paid workers) the wage rates set by two-year accords concluded in 2002. In April 2003, the Slovenian government and social partners signed a 'social agreement' for 2003-5, setting the general direction for economic and social development and containing important provisions on issues such as wage policy, employment, training, social dialogue, equal opportunities and taxation. Finland and Greece were covered in 2003 by the provisions of national intersectoral agreements concluded in the previous year. Attempts to conclude national tripartite social pacts failed during 2003 in Poland, Bulgaria and Romania. Intersectoral agreements of various kinds on specific themes were concluded in countries such as Estonia, France, Hungary, Italy and Luxembourg.
As the above indicates, nationally centralised bargaining of some sort over core pay and conditions issues remains strong in those EU countries where it has a relatively long history - Belgium, Finland, Greece and Ireland - while, interestingly, two other Member States have introduced (or returned to) some degree of intersectoral coordination of bargaining in the past couple of years - the Netherlands and Spain.
The sector remains a key level of bargaining in most current Member States and a few acceding and candidate countries (notably Bulgaria and Slovakia). In countries such as Austria, Germany, Greece, Italy, the Netherlands, Portugal, Slovakia and Spain, sectoral bargaining proceeded in the usual way in 2003, though there was very little industry-level bargaining in Denmark and Sweden, as most branches were still covered by previous multi-year agreements. However, the year saw increasing pressure on industry-level bargaining in one of its strongholds, Germany. Here the coverage of sectoral agreements is, while still comparatively high, eroding (though companies not covered by such agreements still often use them as a reference when determining pay and conditions) and there is increasing use of 'opening clauses', allowing company-level deviations from the sectoral rules in certain circumstances. These issues were the topic of a heated political debate in 2003, with employers and many politicians seeking a further decentralisation of bargaining (DE0312202F). In France, the government proposed legislation which would change the hierarchical relationship between the various levels of bargaining by allowing company-level agreements to depart from the provisions contained in sectoral agreements unless this is explicitly forbidden by the latter agreements, except in certain specified areas (FR0311101N). Decentralisation is also on the agenda in Slovenia, though in this case from intersectoral to sectoral level. By contrast, multi-employer bargaining, while still limited, is growing in importance in Poland. Bargaining is already highly decentralised to company or workplace level in many acceding countries - such as Cyprus, Estonia, Hungary, Latvia and Malta - and, in the current EU, in Luxembourg and the UK.
With regard to the scope and coverage of bargaining, the overall picture seems relatively stable in the current EU, though fewer agreements were concluded in 2003 than in the previous year in Greece and Portugal. The situation is in greater flux in the acceding and candidate countries. For example, bargaining coverage is low and falling in Estonia, while in Hungary it dropped sharply from about 45% of the workforce in 2001 to 40% in 2002. Conversely, bargaining coverage seems to be increasing in Bulgaria (sectoral agreements) and Latvia. In Poland, coverage is low and bipartite bargaining does not generally play a significant role in regulating pay and conditions.
There were a number of examples in 2003 of collective bargaining extending to new areas. In November, a first national agreement for the private social and health services sector was concluded in Austria, covering some 35,000 workers (AT0312202F). In Germany, following new legislation on temporary agency work, trade unions concluded several collective agreements with employers' associations to cover the 300,000-plus employees of such agencies (DE0308203F). In Italy, a first sectoral agreement for the rail industry was concluded in April (IT0305203F).
| Country | Trends |
| Austria | Bargaining in 2003 was, as usual, conducted at sectoral level. The Austrian Trade Union Confederation (Österreichischer Gewerkschaftbund, ÖGB), states that there were around 450 separate agreements concluded in 2003. The number of agreements increases each year, due to the tendency to negotiate in narrower branches or for sectors to split into subsectors, and due to the fact that bargaining is gradually being extended to new sectors. For example, in November, the first national agreement for the private social and health services sector was concluded, covering some 35,000 workers (AT0312202F). |
| Belgium | 2003 was governed by the first year of a new two-year intersectoral agreement for the private sector, officially signed in January 2003 (BE0302302F). This accord establishes a 'wage norm' of 5.4% for wage growth in 2003 and 2004. Care was taken not to set the figure too high for 2003, as low economic growth is expected. The social partners are also aiming to ensure that pay growth in Belgium does not exceed that in three neighbouring countries - France, Germany and the Netherlands. The agreement also contains provisions on matters such as promoting employment and training. The intersectoral deal provides the framework for subsequent bargaining at sector and company level. |
| Bulgaria | Amendments to the Labour Code in 2001 require that collective agreements should in principle run for one year, unless the parties agree to a longer term, although this must not exceed two years. After this, negotiations were launched in all sectors. There were 63 sectoral collective agreements covering the period 2002-3, covering an estimated 40% of all employees (BG0312203F). The main bargaining issues included employment, the introduction of higher minimum wage rates, pay for overtime and nightwork and longer paid annual leave. |
| Cyprus | Bargaining in Cyprus occurs at sectoral and enterprise level. However, collective bargaining is decentralised, with most taking place at enterprise level. In 2003, there were 13 sectoral agreements and 450 enterprise agreements in force. In November 2003, the Cyprus Workers' Confederation (SEK) called for the contents of collective agreements to be made legally binding - agreements are currently voluntary in nature (CY0402102N). |
| Denmark | Most sectors were covered in 2003 by the terms of earlier multi-year industry-level agreements (which allow varying leeway for subsequent company bargaining). However, bargaining took place in two private sector areas: banking and finance, and slaughterhouses and meat processing. The banking and finance sector agreements resulted in a 6.2% increase in costs over two years (DK0302102F), while the slaughterhouse and meat processing sector agreements will raise costs by between 4.5% and 5% (DK0305101N). In both cases, the new agreements introduced an innovative system of 'individual options', whereby employees can decide on the use of a certain amount of the overall wage sum - eg choosing between higher pay and more time off - within the collective framework of the agreements. |
| Estonia | Bipartite collective bargaining at sector and company level remained quite limited (EE0309102F). The overall rate of coverage by bargaining stands at 28% of the workforce, sectoral agreements are few (in transport and in healthcare) - though trade unions are seeking to sign more - and company agreements cover only a small proportion of enterprises. November saw the conclusion of two national tripartite agreements: on a new Employment Contracts Act (EE0309101N); and on an increase in minimum non-taxable income, from EEK 1,000 a month to EEK 1,400 a month in 2004 and EEK 2,000 a month by 2006. Two bipartite central agreements between the Confederation of Estonian Trade Unions (Eesti Ametiühingute Keskliit, EAKL) and the Estonian Employers’ Confederation (Eesti Tööandjate Keskliit, ETTK) were also concluded in 2003. In September, they agreed on the principles of the draft Employment Contracts and in November on the increase in the minimum wage for 2004 (EE0311101N). |
| Finland | A new central incomes policy agreement was concluded in November 2002 and came into force on 1 February 2003. The accord increases pay costs by 2.9% from 1 March 2003 and a further 2.2% from 1 March 2004, in addition to covering a range of areas such as working time, training, partial care leave and the status of worker representatives. In February-March 2003, new collective agreements were signed for a number of sectors and employee groups which chose not to be part of the central agreement (FI0303202N). However, these groups are relatively small and it is estimated that the central agreement covers over 90% of employees. |
| France | Intersectoral collective bargaining significantly influenced the course of political events in a number of areas in 2003, such as including pension reform, unemployment benefit and vocational training. Pay and working time continued to be major themes at sector and company level during the 2003 bargaining round. These themes were often bargained jointly, but pay is regaining precedence. Late in the year, the government proposed legislation (FR0401110F) to reform some of the rules for bargaining, notably introducing a 'majority principle' for the conclusion of collective agreements (ie agreements would essentially be valid only if concluded by trade unions supported by a majority of employees concerned, or not opposed by most unions) and allowing company-level agreements to depart from the provisions of sectoral agreements unless this is explicitly forbidden by the latter. |
| Germany | New collective agreements were signed in 2003 affecting 8.9 million employees, or 44% of all those covered by an agreement. Bargaining continued to be conducted primarily at sector level, but a trend towards decentralisation continued, notably through: a decline in the number of employees covered by sectoral agreements and a growth in company agreements; and more flexibility within sectoral agreements through 'opening clauses' allowing companies to diverge from sectoral provisions under certain conditions. Research indicates that in 2002 only 44% of west German and 20% of east German establishments were covered by a sectoral collective agreement. The proportion of employees covered by a sectoral agreement was 63% in west Germany and 43% in east Germany. These trends led to a major political debate on the future of the bargaining system, and in particular on decentralisation (DE0312202F). With regard to the content of agreements, collectively-agreed pay rose by 2.5% in 2003, compared with 2.7% in 2002. The collectively-agreed average working week remained unchanged, at 37.7 hours (39 hours in the east and 37.4 hours in the west). Other issues dealt with in 2003 included: further training (in chemicals - DE0307205F); supplementary benefits for working unsocial hours on Saturdays (in retail - DE0401201N); and integrated pay schemes for blue- and white-collar employees (in metalworking). |
| Greece | A total of 28 national occupational collective agreements, 26 local occupational collective agreements, 52 sectoral agreements and 168 enterprise agreements were concluded in 2003, fewer overall than in the previous year. Pay grew by around 3.9%, based on the provisions of the National General Collective Agreement for 2002-3. |
| Hungary | Collective bargaining coverage has declined in recent years, falling to about 40% in 2002 (HU0401103F). Private sector collective agreements are predominantly concluded at enterprise level and mainly in larger firms, while workplace-level agreements are less common in the public sector, where terms and conditions of employment are regulated by law. The government decided not to increase the minimum wage in 2003 and called for moderate wage growth, offering a tax reduction scheme as compensation. The tripartite National Interest Reconciliation Council (Országos Érdekegyeztető Tanács, OÉT) recommended that real pay growth should not exceed 4.5% in 2003, but did not set a concrete figure on nominal pay increases. Most enterprise-level wage agreements for 2003 were generally in line with this recommendation. On average, collective agreements stipulated an overall 8.1% nominal gross wage increase, while basic wages were raised by 5.7%. |
| Ireland | The main collective bargaining development of 2003 was the securing of a sixth successive national partnership deal. The Sustaining Progress agreement was ratified in March (IE0304201N), covering the unionised public and private sector. It provides for a total pay increase of 7% in instalments over 18 months. In addition public servants were, following a pay 'benchmarking' exercise, awarded increases averaging 8.9%, to be paid in instalments. Sustaining Progress also contains provisions on matters such as new compliance measures for the national pay agreement, improved statutory redundancy pay, an increase in the minimum wage and worker representation. |
| Italy | The two-tier bargaining structure (national sectoral agreements and company/local agreements) remained unchanged. At the end of November 2003, a total of 57 national sectoral collective agreements were in force (out of those examined by an Istat survey), covering some 8.6 million employees. At this time, 19 agreements were awaiting renewal, covering 3.7 million employees. The main agreements signed in 2003 in the public sector included those for: ministry employees in February (IT0303204F); postal workers in July (IT0308103N); and employees of local bodies in October (IT0311103N). In the private sector, agreements were signed for: print workers in April (IT0305101N); the food sector in July (IT0308102N); insurance in July (IT0309102N); tourism in July (IT0309101N); and chemicals in December (IT0401102N). A metalworking agreement was concluded in May 2003 (IT0305204F), although one of the three main sectoral unions, Fiom-Cgil, did not sign the accord and subsequently campaigned for the reopening of negotiations. A first sectoral agreement for the rail sector was concluded in April (IT0305203F). In June 2003, the Confindustria employers' confederation and the three main trade union confederations signed a pact aimed at relaunching development, employment and competitiveness in Italy (IT0307105F). |
| Latvia | A total of 2,368 collective agreements were concluded in 2003, a 150% increase on the number concluded in 1998. Collective bargaining is generally reported to be becoming more widespread and is more typical in larger enterprises, state and local government enterprises and in former state-owned service enterprises and industry. The main themes include pay and training. |
| Luxembourg | Most collective agreements continue to be signed at company level. Pay is the main issue addressed. Since 2001, most agreements have provided for annual pay increases of 1.5% - in addition, Luxembourg has an automatic pay indexation system that caused all wages to rise by 2.5% in August 2003 (LU0309101N). In May, the social partners signed an intersectoral agreement aimed at facilitating access to continuing vocational training, including new schemes for unpaid and individual training leave (LU0305101F). |
| Malta | All collective agreements are negotiated at company level. The Department of Industrial and Employment Relations estimates that 41 collective agreements were concluded in 2003. Trade unions adopted a policy of wage moderation in 2003 and average agreed pay rose by 2.5%. |
| Netherlands | A policy of pay moderation continued in 2003, with agreements (mainly sectoral, with some at company level) concluded early in the year adhering to the ceiling of 2.5%, recommended by the main trade union confederations (NL0303102N). On average, collective agreements concluded in 2003 provided for a pay increase of 2.8%, compared with 3.2% in 2002, suggesting a degree of moderation. The highest increase in 2003 was agreed in the care sector (4%). Other issues in bargaining included variable pay systems, employability, early retirement/flexible pension schemes and the integration/reintegration of employees with disabilities. In late 2003, the government and social partners agreed a freeze in collectively agreed wages during 2004. |
| Norway | Bargaining in the private sector in 2003 was 'intermediate', ie there were centralised negotiations concerned only with revisions to the wage rates in the two-year national sectoral agreements concluded in 2002. The 2002 wage round had generated overall wage growth of 5.7%, which was widely regarded as too high in the light of the present economic situation, and its 'carry-over' effect was also expected to contribute to significant wage growth in 2003. The social partners thus sought to reduce the rate of pay growth, bringing it closer to the level in Norway’s main trading partners. It was therefore agreed to award no central pay increases for 2003 - though company-level negotiations took place as normal - but groups with a low average wage received an hourly increase of between NOK 1.95 and NOK 2.85 (NO0304101N). |
| Poland | Collective bargaining has relatively little overall impact on industrial relations, with many issues regulated either by legislation or by tripartite bodies at national and regional levels. According to the State Labour Inspection (Państwowa Inspekcja Pracy), 230 new single-employer collective agreements were concluded during the first six months of 2003, covering approximately 96,000 employees, while 199 such agreements were suspended partially or entirely. In total, 8,332 single-employer agreements were in force after the first half of the year. Although multi-employer agreements are still relatively rare (especially in the private sector), there has been a steady growth in these agreements in recent years. As at the end of May 2003, the Ministry of Economy, Labour and Social Policy stated that 157 multi-employer agreements and 137 additional protocols to such agreements were in force, covering around 1 million employees, working for more than 4,300 employers. National tripartite dialogue led to an 8.4% increase in the statutory gross minimum wage (PL0312105F), but lengthy negotiations over a proposed wide-ranging social agreement ended in failure (PL0312104F) |
| Portugal | The number of agreements negotiated in 2003 was around 2.1% lower than during 2002, although the proportion of the types of agreements negotiated (sectoral and company) remained constant. Pay and pay-related items remain the most common bargaining topics. Other issues covered included working time, vocational training, annual holiday, supplementary social security schemes, trade union rights and health and safety. |
| Romania | Approximately 11,200 collective agreements were concluded in 2003, almost all at company level - in companies with more than 50 employees, of which there are between 15,000 and 16,000, collective bargaining is compulsory. One national agreement and 20 sectoral agreements were concluded. The average collective-agreed basic pay increase was 41.5% in nominal terms and 25.1% in real terms. There were wide differentials between sectors, ranging from 22.5% in electronics and 25% in the transport and the food industry, to 41.5% in commerce. In October, the government proposed a tripartite 'social stability pact', covering 2004, but the initiative seemed doomed to failure at the end of 2003, mainly because of a government decision to set a minimum wage rate far below that demanded by the unions (RO0401104F). |
| Slovakia | The sector is the key level of bargaining, with around 40% of the workforce covered by agreements concluded at this level. A total of 53 sectoral collective agreements were officially registered - nine fewer than in 2002, although this is because many agreements concluded in 2002 were still valid. Pay was the focus of most bargaining, and the average collectively-agreed increase was between 7% and 8% |
| Slovenia | Bargaining in 2003 took place within the context of a tripartite social agreement for 2003-5, setting out guidelines for the country’s economic and social development (SI0307101F). The bargaining parties were asked to keep pay growth down in order to keep the economy on track. The key level of wage bargaining is the tripartite intersectoral one, and pay increases in 2003 were governed by private and public sector pay policy agreements for 2002-4. However, in general, there is a shift towards decentralisation in bargaining, with commentators expecting that the intersectoral national general agreement for the private sector will become less influential and that sectoral agreements will gain in importance. In 2003, 34 sectoral or subsectoral collective agreements were in place (five in the public sector and 29 in the private sector), but only one new sectoral agreement was concluded - in the post and courier activities sector in May (SI0401103F). |
| Spain | In 2003, for the second year running, bargaining at sector and company level was conducted within the framework of a national intersectoral agreement (ES0302204F). This provided for pay moderation, stating that settlements should take into account the government’s inflation target; increases in productivity and the specific situations of companies and sectors. It also promoted increased employment stability in exchange for more flexible working time, equal treatment and non-discrimination. Overall, it would appear that purchasing power kept pace with inflation in 2003 - the average collectively-agreed pay increase was 3.5% as at October 2003. Inflation over the year was 2.6%. |
| Sweden | 2003 was a quiet year in terms of collective bargaining, as most sectors were covered by three-year accords negotiated in 2001. However, the Swedish Municipal Workers' Union (Svenska Kommunalarbetareförbundet, Kommunal) cancelled its three-year agreement for 420,000 blue-collar workers in the municipal and city council sector one year early in order to renegotiate the pay provisions. After lengthy industrial action, an agreement was reached providing for a rise in the lowest pay rates and average increases, to be distributed in local bargaining, of 3.95% in 2003 and 2.45% in 2004 (SE0306103F). A new agreement for electricians was signed in June (SE0308101N) In the autumn, preparations began for the 2004 bargaining round (SE0401104F). |
| UK | Collective bargaining in the UK continues to be highly decentralised, with most bargaining carried out at company or workplace level and little multi-employer bargaining outside the public sector. In terms of pay, collectively-agreed basic pay rose by an average of 3.2% during 2003, while average earnings increased by 3.6%. Other notable topics of bargaining included flexible working and pensions. |
Source: EIRO.
Pay
As indicated by figure 4 below, the average nominal collectively-agreed pay increase across the current EU plus Norway (as calculated by EIRO - TN0403103U) was 3.5% in 2002 and 3.1% in 2003. However, as always, there were considerable variations between countries, with agreed nominal increases ranging in 2003 between 4.5% in Norway and 2.2% in Austria, Belgium and Italy. The average increase thus fell by 0.4 percentage points from 2002 to 2003. This followed a fall from 3.8% in 2001 to 3.5% in 2002. There thus appears to be a deepening trend towards wage moderation, which began in 2002. An upward trend had previously been seen since 1999.
The downward trend in nominal wage increases was widespread across the current EU plus Norway, with the average rise falling from 2002 to 2003 in around two-thirds of countries, most notably in Greece, Belgium, Ireland, the Netherlands and Portugal. In many cases, those involved in bargaining sought to concentrate on safeguarding and creating employment in a difficult economic climate. A particularly notable example of explicit pay moderation came in the Netherlands, where the government and the social partners agreed in autumn 2003 to freeze collectively agreed pay during 2004 and to allow only minimal increases during 2005, depending on the economic situation (NL0310103F). This agreement was concluded in order to try to help the Dutch economy recover. In some countries, a deliberate and explicit effort was made to keep pay growth down to the average in competitor countries. For example, this was the case in Belgium, where the intersectoral agreement for 2003 and 2004 stipulates a maximum figure of 5.4% for wage increases, in an effort to ensure that pay growth does not exceed that in its three main neighbouring countries (BE0302302F). In January 2003, the Norwegian social partners issued a joint statement emphasising the need to bring the wage growth rate into line with developments among Norway’s main trading partners (NO0302105F). The partners thus aimed to achieve only moderate wage increases in the spring 2003 wage settlements, and to allow the sectors exposed to international competition to establish the framework for wage negotiations in other sectors.
However, a number of countries bucked the trend towards increased nominal wage moderation. The rate of increase rose from 2002 to 2003 in Finland, Spain, Italy and the UK and remained stable in Sweden. In Spain, the social partners signed an intersectoral agreement (ES0302204F) setting out guidelines for lower-level bargaining in 2003 (the second successive accord of the this type), which included provisions on pay moderation. Nevertheless, the average increase for the year to October 2003 was 3.5%, slightly higher than the 2002 increase of 3.02%.
Taking inflation into account, the average collectively agreed real pay increase across the present EU and Norway stood at 1.1% in 2003 (ranging from 2.0% in Norway to -0.3% in Italy), up from 0.9% in 2002. The average real increase thus rose by 0.2 percentage points from 2002 to 2003, compared with a fall of 0.5 points in nominal pay increases - presumably largely as a result of falling inflation.
Turning to the 10 acceding and candidate countries considered, the average nominal collectively agreed pay increase considerably exceeded that in the current EU (plus Norway) in 2003 - at 9.4%, it was 3 times higher than for the present EU (compared with 8.1%, or 2.3 times higher in 2002). However, despite this overall rise in the average wage increase, the rate of increase actually fell in six out of 10 of the countries, most notably in Bulgaria, Estonia, Hungary and Slovenia. In fact, the overall average increase was due mainly to a massive rise (of 25.3 points) recorded in Romania (though this figure refers only to the basic minimum collectively agreed wage, which will not have been reflected in actual pay for most workers). Excluding Bulgaria and Romania and looking only at the eight countries joining the EU in May 2004, the average increase stood at 5.8% in 2003, down from 6.5% in 2002. This was still substantially higher than that in the current EU (plus Norway), but the differential fell between 2002 and 2003. It thus appears that pay trends in the new Member States may be converging downwards towards those in the current EU as their accession approaches.
Adjusting for inflation, among all 10 acceding and candidate countries, the average real pay increase rose from 2.8% in 2002 to 4.7% in 2003. Again this increase was largely due to a massive 25.1% rise in Romania (despite this major rise in collectively agreed basic minimum pay, average earnings in Romania rose by only 9.5% in nominal terms in the first 10 months of 2003 and fell in real terms). Removing Bulgaria and Romania from the equation results in average real increases of 3.3% in 2002 and 2.1% in 2003 - thus moving closer to the level in the current EU (plus Norway). In 2003, workers saw their nominal increases eaten up completely by inflation in Slovakia and Cyprus, resulting in real collectively agreed pay decreases.
On other aspects of pay, notable developments in 2003 included new framework agreements in several bargaining areas of the western German metalworking industry which introduced integrated pay schemes for blue- and white-collar employees and abolished the previous separate pay schemes for these two groups. Similarly, in December 2003, a collective agreement was signed in the Austrian electrical and electronics sector providing for a common pay system for blue- and white-collar workers, which is seen as a milestone in terms of pay harmonisation for the two groups (AT0402202F). Pay flexibility was in the news in some countries. In April, the UK government announced that it intends to introduce measures to increase regional wage flexibility in the public sector, drawing an angry response from trade unions (UK0306110F). In Spain, the increasing use of 'dual pay scales', whereby new recruits receive lower pay than existing employees doing the same jobs, was an issue of legal controversy and dispute between trade unions (ES0304204F)
Figure 4. Average collectively agreed pay increases, 2002 and 2003 (%)
Notes on averages: overall average is of 26 countries in 2002 and 25 in 2002; EU and Norway average is of 16 countries in 2002 and 15 in 2003; EU average is of 15 countries in 2002 and 14 in 2003; Euro-zone average is of 12 countries in 2002 and 11 in 2003; acceding/candidate countries average is of 10 countries in both years; new Member States 2004 average (countries joining EU in May 2004) is of 8 countries in both years; expanded EU average is of 23 countries in 2002 and 22 in 2003.
Source: EIRO.
Working time
As indicated by figure 5 below, average collectively agreed normal weekly working time in the current EU plus Norway stood at 38.0 hours in 2003, compared with was 38.1 hours in 2002. (according to EIRO calculations - TN0403104U). This virtually static picture reflects the fact that significant general working time reductions were almost absent in 2003. The only major change was in Belgium, where the maximum normal week set by the national intersectoral collective agreement (BE0302302F) was cut from 39 hours to 38 from 1 January 2003 (many sectoral agreements already provided for a week of 38 hours or lower).
This virtual standstill continues the trend of recent years. Looking at the five-year period 1999-2003, the average agreed normal weekly working time for the current EU and Norway has fallen from 38.6 to 38.0, and much of this change probably arises from the progressive, legislation-driven introduction of a 35-hour week in France, which was completed at the beginning of 2002. Outside France where average weekly hours have fallen by four hours (or over 10%) over the five years, significant reductions have occurred only in Belgium (by 5%) and in Luxembourg, Sweden and UK (by 2.5%-3%). In Germany, the figure for the west of the country has remained static, while that for the east has fallen slightly (by 0.2 hours, though average weekly hours in the east remain 1.6 hours longer than in the west). Finland and Portugal have probably seen some reduction, but consistent data are lacking. The figures have remained almost unchanged over the five-year period in Austria, Denmark, Greece, Ireland, Italy, the Netherlands, Norway and Spain.
This situation does not mean that working time was not an issue in collective bargaining in 2003. Flexibility, in various forms, now appears to be the main theme in negotiations on working time (sometimes in exchange for small-scale reductions). For example, sectoral agreements introducing or expanding working time flexibility were signed in countries such as France, Germany, Italy and Spain. An interesting example was found in Denmark, where new collective agreements in the finance and slaughterhouses/meat processing sectors introduced an innovative system of 'individual options', whereby employees can decide on the use of a certain amount of the overall wage sum - choosing between higher pay, higher pension contributions or more time off - within the collective framework of the agreements (DK0302102F). Similar agreements have been in place for a number of years in some sectors in Sweden. In the UK, new statutory rules on family-friendly working arrangements and broader union pressure for an improved work-life balance (UK0302103F), prompted agreements on flexible working at a number of manufacturing companies, providing, for example, flexible start and finish times for production workers.
With regard to bargaining on the duration of working time in 2003, perhaps the most important event occurred in Germany. Here, the German Metalworkers' Union (Industriegewerkschaft Metall, IG Metall), which had pioneered the 35-hour week in western Germany, achieving it in metalworking in 1995, sought to extend it to eastern Germany. It succeeded in achieving an agreement to this effect in the eastern steel industry (DE0307201N) but failed in eastern metalworking, despite four weeks of strike action (DE0307204F), and the existing 38-hour week was maintained. This was IG Metall's first defeat in a major dispute since the 1950s and arguably underlines the perception that the era of major collectively agreed general reductions in working time is over (at least for now) in most EU countries - although unions still seek such large-scale cuts in some countries (such as Greece). Significant overall working time cuts can still being achieved in some specific cases - for example, in April 2003, an agreement at Allied Irish Banks (AIB) introduced a 35-hour working week, which is relatively rare in Ireland (IE0305201N). The length of working time remains topical in France, where bargaining to implement the statutory 35-hour week has resulted in an average working week for full-time employees of 35.6 hours in June 2003, a 0.2 percentage point decrease over a year, while 79.9% of full-time workers in companies with 10 or more employees worked fewer than 36 hours a week, compared with 78.2% in 2002. However, workers in smaller companies still tend to work longer hours than those in larger companies. The current conservative government has postponed the application of some aspects of the working time reduction legislation in companies with fewer than 20 employees until the end of 2005. In 2003, a parliamentary enquiry was launched into the effects of the 35-hour week legislation.
Moving to the acceding and candidate countries, the average agreed normal weekly hours across the 10 countries stood at 39.7 in 2003, down from 39.8 in 2002 - 1.7 hours higher than in the current EU and Norway. The only changes from 2002 to 2003 were in Poland, where the figure (based on the relevant legislation), fell from by one hour, and Slovakia, where there was a half-hour fall. In general, the 10 countries still have a 40-hour normal week, with the exceptions of Slovakia and Cyprus, where agreed hours are around the current EU average. Indeed the active role of collective bargaining in setting normal weekly hours is relatively slight in many central and eastern European countries. Thus, in countries such as Estonia, Latvia, Poland and Slovenia, collective agreements do not tend to deviate from the statutory normal hours (usually 40 hours). In general, working time reductions do not appear to be high on the agenda at present, though with some exceptions. In Bulgaria, for example, trade unions launched a demand in September 2003 for a gradual reduction of normal weekly working time from 40 to 35 hours (BG0309102F). The initial response of all employers’ organisations was negative. In Hungary, tripartite negotiations on the reduction of working time were held during 2003, but appeared to reach a deadlock (HU0307101N). In Latvia, trade unions representing healthcare workers asked the government to reduce working time, but this request was rejected.
In terms of working time flexibility, in 2002-3 local bargaining parties in Hungary often made use of flexibility measures made possible by an amendment of the Labour Code in 2001 - eg 32% of employers signing collective agreements introduced annualised hours. Work-life balance measures for parents with young children contributed to working time flexibility arrangements in Slovenia.
Figure 5. Average collectively agreed normal weekly hours, 2003
* 2000 figure, ** Average all countries, *** Average EU and Norway, **** Average all acceding and candidate countries, ***** Average of 8 new Member States joining EU in 2004, ****** Average expanded EU (23 Member States)
Source: EIRO.
Job security
Job security remains a key concern in many countries, as the economic climate stagnates and restructuring and workforce-reduction exercises continue unabated. Major examples of restructuring, often accompanied by job losses during 2003 included: the French airline, Air Lib (FR0307103N); Alstom, the French-based engineering group (FR0310101N); the Arcelor steel group (BE0306303F); the Finnish-based telecommunications company, Elisa (FI0311201N); the US-based motor manufacturer, Ford (BE0311305F); GIAT Industries, the French arms manufacturer (FR0307101N); the Greek airline, Olympic Airways (GR0401104F); Scandinavian Airlines System (SAS) (DK0304102F); Slovak Television (STV) (SK0308101N); Poland's Stalowa Wola iron and steel works (PL0309103N); and Telefónica de España, the Spanish fixed-telephony business of the Telefónica group (ES0307102N).
Job security issues featured in central agreements or negotiations in some countries in 2003. For example:
in Finland, the incomes policy agreement for 2003-4 provides that in the event of redundancies, there should be negotiations between the employer and employee representatives in order to seek possibilities to find people under threat of dismissal a chance of re-employment with the same employer. If that is not possible, common efforts should be made with the labour authorities to help these people find a job elsewhere. All this should be done before the end of the workers' existing employment contract. Employees under threat of dismissal should be given an 'employment programme' to help them find a new job, either directly or via training. Measures could include education organised by the employer or labour authorities, employment possibilities offered by the same employer, supervision of the re-employment process, help with job-search and economic support. The employees concerned must have a chance to participate in all measures concerning them. Furthermore, the Act on Cooperation within Undertakings should be reformed and developed (see below under 'Employee participation');
in France, the question of social measures to accompany corporate restructuring and resulting job losses was at the top of the industrial relations agenda in late 2003. In March, the government launched intersectoral negotiations among the social partners on the compensatory employment-related measures to accompany restructuring (FR0303106F). Several meetings were held during 2003, and the talks were planned to end in early 2004. The debates were marked by the vehement opposition of the trade unions to a draft plan for amending the legislation on restructuring proposed by the Movement of French Enterprises (Mouvement des entreprises de France, MEDEF) employers' confederation (FR0311106F). The plan suggests anticipating the changes affecting companies and 'improving the management of restructuring', and stresses the implementation of a lifelong training policy. To this end, larger firms should be obliged to draw up a forward management plan covering staffing levels and skills, and consult the works council on this issue on an annual basis. MEDEF also advocates a reduction of the time spent on informing and consulting the works council in the event of redundancies, and raising from 10 to 20 the number of redundancies within a company which leads to a legal requirement on the employer to produce a 'social plan', as well as limiting employees’ opportunities to use the courts and shortening collective redundancy procedures; and
in Spain, the national intersectoral agreement providing a framework for lower-level bargaining in 2003 (ES0302204F) stresses the need for greater employment stability in view of the persistently high temporary employment rate. It stresses the need to promote internal and 'qualitative' labour flexibility, rather than the external and quantitative flexibility (ie hiring and firing) which has been the habitual practice of many companies.
Trade unions in many countries have been engaged to a considerable degree in trying to prevent or mitigate the detrimental impact of restructuring and workforce cuts on workers, and/or to ensure a high level of information and consultation over such change. For example, in Finland, where 2003 saw many corporate restructuring announcements, the three trade union confederations organised a joint day of action in protest in December (FI0312203F). In the UK, unions continued to express concern at the level of job losses in manufacturing and other key sectors, including financial services, and to call for more effective consultation requirements on employers.
In companies faced by restructuring, there was, unsurprisingly, much bargaining activity over ways of preventing or cutting job losses, or over accompanying measures to soften the blow of redundancy. To give a few examples: in Italy, 2003 saw negotiations over major restructuring exercises, with accompanying job losses, at the Alitalia airline and Fiat motor manufacturer, while agreements to cut or cushion planned job losses were reached at firms such as Marconi (telecommunications) (IT0304105N) and Nestlé (food) (IT0304104N); measures such as pay freezes and increased working time flexibility were agreed to prevent redundancies at Volkswagen motor manufacturing subsidiaries in Portugal (PT0312101N) and Spain (ES0306202N); and a redundancy programme negotiated at SES Astra, the Luxembourg-based satellite operator, prevented any compulsory redundancies, through the use of internal and external transfers and early retirement (LU0302105F). In the UK, however, a number of high-profile employment security guarantees have been overtaken by closures or restructuring exercises in recent years.
Restructuring is particularly intense in many acceding and candidate countries - especially those in central and eastern Europe - under the pressure of forces such as modernisation, privatisation and liberalisation. This has led to debate on the issue of how to safeguard jobs in some countries, such as Estonia (EE0309101N). Moreover, the issue of restructuring has been a major issue of debate and often confrontation (see below under 'Industrial action') between trade unions, employers and especially the government in many countries, such as Poland and Romania. However, bargaining over the employment implications, particularly at company level, seems generally to be rarer than in the current EU. There are exceptions: in Slovenia, for example, workers enjoy relatively strong participation rights at company level and can therefore exert some pressure on employers undertaking restructuring exercises. In November 2003, the state-owned Malta Drydocks and Malta Shipbuilding were restructured after lengthy negotiations between the government and the General Workers' Union (GWU). A new merged company has been created, known as Malta Shipyards, and there will be no compulsory redundancies among the 2,600-strong workforce (MT0312102N). In summer 2003, the French-based food multinational, Danone, took the decision to close one of its plants in Poland by the end of 2004, with the loss of 460 jobs. The company has agreed a major social package of financial and job-finding measures to accompany the redundancies, a very unusual move in Poland’s private sector (PL0312101N).
Equal opportunities and diversity issues
Equality and diversity issues continue to be a point of focus for the social partners in many countries. Efforts are concentrated on areas such as reducing the gender pay gap and promoting equal opportunities.
Despite the existence of equality and equal pay legislation for the past three decades, the gender pay gap remains a problem in many countries and the social partners are engaged in various actions to try to reduce it. An example of joint social partner research is provided by Denmark, with the Danish Confederation of Trade Unions (Landsforeningen i Danmark, LO) and the Danish Employers’ Confederation (Dansk Arbejdsgiverforening, DA) publishing a joint analysis of the wages of women and men in August 2003 (DK0309103F). It is the most comprehensive study to date of the causes of gender differences in wages in Denmark, quantifying a number of factors which have a decisive impact in this area. The study finds that the average gender wage gap (to women's disadvantage) is 14%-15% among blue-collar workers and 19%-20% among white-collar workers. DA and LO are in agreement about the study's findings, but disagree as to what should be done in future to remedy the situation. Another example is the Finnish insurance sector, where gender wage gaps and equality plans are systematically monitored by the social partners. In May, the Insurance Employers’ Association (Vakuutusalan Työnantajayhdistys) and the Union of Insurance Employees in Finland (Vakuutusväen Liitto, VvL) published their third joint report on gender equality, which found that female clerical employees’ monthly wages were 25% lower on average than those of their male colleagues in the sector (FI0306201N).
In terms of practical actions, the UK, the Trades Union Congress (TUC), undertook a pilot project in 2003 whereby hundreds of workplace equal pay representatives were trained to address the gender pay gap and carry out pay reviews. An evaluation of the project suggested that it had played a significant part in pushing equal pay up the negotiating agenda and in prompting employers to agree to equal pay audits. In Finland, the current national incomes policy agreement includes a special equality allowance, which was to be paid in March 2003. The aim of the allowance is to boost women’s pay, and its level is calculated according to a specific formula. In Austria, the new joint pay scheme in the electrical and electronics sector (see above under 'Pay') provides for a more precise definition of grades in order to prevent unfair classifications of men and women with the same formal qualifications.
With regard to more general measures aimed at improving equality of opportunity and treatment for women and men, there was considerable activity in 2003, notably in some acceding and candidate countries. In Romania, all collective agreements signed in 2003 contained equal opportunities clauses dealing with issues such as vocational training, job security and social protection. Similarly, many collective agreements in Bulgaria now contain a range of equality-related measures, in areas such as paid childcare leave and support for work-life balance. Slovenia's tripartite 'social agreement' for 2003-5 includes a number of equality provisions (SI0307101F). In the current EU, Spanish research published in October 2003 found that provisions on gender equality between men and women are beginning to gain some ground in collective agreements at sector and company level, with the situation described as 'modest but hopeful' (ES0312102F). Examples of innovative agreements signed in 2003 include the new accord for the 280,000 employees of Italian ministries, which contains pioneering provisions on preventing and combating sexual harassment (and bullying) at the workplace (IT0303204F).
Apart from gender equality, there was little new bargaining activity reported in 2003 relating to combating discrimination on other grounds, such as race, age and disability. National negotiations on the general theme of equal opportunities and diversity started in France (where racism in the workplace was subject to much debate during the year) in June 2003, but had not produced any results by the end of the year. Ireland's new national agreement contains a number of general equality and diversity provisions (IE0308202T).
Training and skills development
The development of the skills and competences of the workforce is deemed to be an essential element of the fight against unemployment and the achievement of the EU’s goal of making its economy the most dynamic in the world by 2010. Accordingly, the social partners in many countries turned their attention to, or increased their focus on, the subject of training and skills development in 2003. In Belgium, for example, the specific aim of the social partners, set out in their 2003-4 intersectoral agreement, is to increase the proportion of the wage bill that is devoted to training to 1.9%, to match the average in France, Germany and the Netherlands. New training provisions were agreed in many subsequent sectoral agreements (BE0306301N).
The year saw a number of other interesting agreements at intersectoral level:
the 2003-4 national incomes policy agreement in Finland provides for additional resources for adult training programmes and the development of learning at work;
in September, the French social partners signed a national intersectoral agreement on employees’ lifelong access to training. The accord provides for the creation of a new individual right to continuing vocational training and an increase in the financial contribution paid by employers (FR0311103F); and
in Luxembourg, the Union of Luxembourg Enterprises (Union des Entreprises Luxembourgeoises, UEL) signed an agreement on continuing vocational training with the two main trade union confederations - the Luxembourg Confederation of Independent Trade Unions (Onofhängege Gewerkschafts-Bond Lëtzebuerg, OGB-L) and the Luxembourg Confederation of Christian Trade Unions (Lëtzebuerger Chrëschtleche Gewerkschafts-Bond, LCGB) - aimed at facilitating access to continuing vocational training and thus better meeting the demands of the labour market. The agreement, some of whose provisions require implementation via legislation, includes new schemes for unpaid and individual training leave (LU0305101F).
The issue of training and skills development also featured in many sectoral accords. In Germany, the social partners in the chemicals sector concluded new agreements on further training (DE0307205F), providing a framework for voluntary works agreements on the issue and recommending the systematic planning of a wide range of training activities at company level, including special initiatives for various groups of employees, such as older workers, shiftworkers and workers with children. Increased efforts in this areas were recorded in the Netherlands, where 117 collective agreements signed in 2003 (covering 97% of employees covered by agreements) were found to deal with paid training. Furthermore, 76 collective agreements included training/employability arrangements for specific target groups, such as old, young and low-skilled people. In Italy, new training measures were included in a number of sectoral agreements, such as those for food and beverages sector (which created a new joint body in charge of training - IT0308102N) and metalworking (IT0305204F).
Training was also on the bargaining agenda in acceding and candidate countries. In Bulgaria, the social partners place great emphasis on training as a means of increasing the overall qualification level of the workforce. Thus, around 95% of agreements contain provisions dealing with education, training and development. For example, in the leather, knitwear, cotton and sewing industries, employers have agreed to dedicate 2% of annual working time for training purposes. Slovenia's tripartite 'social agreement' for 2003-5 includes a number of training provisions.
There were a number of other social partner initiatives in 2003 relating to training, or new measures which affect their role in this area. In Estonia, unions and employers sought to persuade the government to eliminate tax on employer training costs - currently, these costs are treated as fringe benefits and taxed in the same way as wages. This issue is set to be discussed further during 2004. In the UK, the Employment Act 2002 came into force in 2003, enabling 'union learning representatives' to take paid time off to promote workplace training and development opportunities (UK0402103F). In August, the Spanish government adopted a reform of the continuing vocational training system, which came into effect at the beginning of 2004. The reform entails a certain loss of influence for the social partners in this field (ES0310110F). Finally, the Greek social partners were involved in discussions over the creation of a new National System for Linking Vocational Education and Training to Employment (ESSEEKA).
Legislative developments
As indicated in table 3 below, a considerable volume of new employment and industrial relations legislation was passed or proposed during the course of 2003.
In the acceding and candidate countries, much of the new legislation passed in 2003 (as in recent years) was specifically aimed at bringing national law into line with EU requirements (the 'acquis communautaire') ahead of joining the Union - on 1 May 2004 in most cases. This took the form of large-scale reform of Labour Codes (as in in Bulgaria, Hungary, Poland, Romania and Slovakia) and/or the adoption or proposal of new or amended legislation, resulting in new legislative provisions in areas such as: working time (as in Cyprus and Slovakia); fixed-term work and/or part-time work (Cyprus, Hungary and Slovenia); collective redundancies (as in Poland); equality/anti-discrimination (as in Bulgaria, Cyprus, Estonia, Hungary, Malta, Poland and Slovakia); health and safety (as in Bulgaria, Estonia and Latvia); and employees' claims in the event of the their employer's insolvency (as in Bulgaria and Latvia).
In the current EU, 2003 also saw some legislation to transpose EU Directives - eg the fixed-term work Directive in Greece and Ireland, anti-discrimination Directives in Denmark, and the working time Directive in Italy. Beyond implementation of EU law, the major legislative developments of the year included: major labour market reforms (often aimed at increasing flexibility, reducing employment and meeting the labour market targets set by the EU) in important countries such as Germany and Italy; and significant (and often controversial) reforms of aspects of social security in Austria, France, Germany, Greece, Italy, Portugal and Spain. Other matters that were high on the employment law agenda during the year included the deregulation of shop opening hours, which featured in Austria , Germany and Greece.
| Subject | New legislation/proposals |
| 'Atypical work' | Legislation implementing the EU fixed-term work Directive was finally introduced in Greece (GR0305101F) in April and in Ireland. The Directives on fixed-term and part-time work were implemented in Malta, in Cyprus and Hungary (HU0308101F). New regulations on part-time, fixed-term and other forms of 'atypical' work came into force in Slovenia in January (SI0308201F). In Poland, the Temporary Agency Work Act was adopted in July, defining such work and setting rules on its use and on the employment conditions of agency workers (PL0308103N). In August, a law was passed in Greece which provides for public sector organisations to recruit unemployed people and other groups in a difficult labour market position on part-time, fixed-term contracts in order to provide certain social services (GR0309103F). |
| Employment, labour market and job creation | In Italy, 2003 saw important reforms to labour market legislation, aiming to improve the efficiency of job placement services and increase labour market participation (IT0307204F). In December 2003, the German parliament passed a major package of labour market reform laws (DE0401205F). The Spanish parliament adopted a new Employment Law in December 2003, which regulates the functioning of public employment services in the context of decentralisation to the regions and the European employment strategy (ES0402102F) In Spain, 2003 also saw the third revision of the law regulating the employment of foreign persons (ES0310107F) |
| Equality | In Cyprus, new items of legislation on parental leave and on equal pay came into force in January. In Malta, the Equality for Men and Women Act was adopted in 2003, aiming to eliminate all forms of discrimination, while a new Employment and Industrial Relations Act, which came into force during the year, includes a number of equality provisions. Changes to the Polish Labour Code included a number of new provisions, in line with EU law, aimed at ensuring equal treatment and preventing discrimination at work (PL0311103N). Anti-discrimination provisions were strengthened in the Slovak Labour Code (SK0312103F). In the UK, a range of new 'family-friendly' employment rights came into force in April (UK0304104F), while regulations protecting workers from discrimination and harassment at work on grounds of sexual orientation and religion or belief came into force in December (UK0312101N). In Estonia, new legislation on parental benefits was promulgated in December. In Finland, several laws related to the reconciliation of work and family life were amended, including provisions on partial childcare leave and more leave for fathers. In Denmark, an amendment to the 1996 Act on prohibition of discrimination in the labour market was proposed in October, implementing EU anti-discrimination Directives (DK0308104T). A proposed Anti-Discrimination Act was submitted to the Hungarian parliament, including measures on equal opportunities and equal treatment in line with EU norms (HU0305101F). In Luxembourg, a law adopted in September guarantees that all employed disabled people will receive pay equivalent to the minimum wage (LU0310103F). In Norway, new legislation was approved in the autumn imposing a 40% quota of female board members in both public and private limited companies (in the latter case only if they fail voluntarily to achieve an acceptable level of female board representation by 2005) (NO0306106F). |
| Health and safety | A new Occupational Safety Act came into force in Finland in January (FI0303203F). The Estonian legislation on work accidents and occupational diseases was amended, as was Bulgaria's Healthy and Safe Working Conditions Act and Latvian legislation in this area. In Greece, three new Presidential Decrees were signed, aimed at combating occupational hazards and improving health and safety conditions at work (GR0303102F), while Law 3144 on social dialogue for the promotion of employment and social protection included a number of health and safety measures (GR0304102F). |
| Industrial relations | In Romania, a new Trade Unions Law was adopted in January (RO0307101F). In Estonia, changes were approved at the beginning of the year to the law on individual labour disputes. In France, a draft law on social dialogue, reforming some aspects of bargaining rules, was near adoption at the end of the year (FR0304103N). In Ireland, the Industrial Relations (Amendment) Bill 2003 was issued, which will amend the 'right to bargain' legislation (IE0309205F). In December, the UK government published its latest Employment Relations Bill, which will amend the statutory trade union recognition procedure and make changes to the law on ballots for industrial action (UK0312104F). |
| Labour Codes/general legislation | 2003 saw revisions to the Labour Codes and similar legislation of many acceding and candidate countries in preparation for EU entry. Labour Codes were thus amended, often in a wide-ranging way, in Bulgaria, Hungary (HU0308101F), Poland (PL0311108F), Romania (RO0308102N) and Slovakia (SK0312103F). Similarly, the Maltese Employment and Industrial Relations Act came into force in 2003, adapting national employment law to EU norms in many areas. In Slovenia, a new Law on Labour Relations came into force in January 2003. In Latvia, a wide range of legislative changes were made during 2003 in preparation for entry into the EU. In August, a Labour Code was approved in Portugal, which replaces most current individual and collective labour legislation by bringing existing provisions together in a single text, and amending then in a variety of areas (PT0305101N). In Greece, Law 3144/2003 on 'social dialogue for the promotion of employment - social protection and other provisions' (GR0304102F) dealt with a variety of issues, such as new social dialogue bodies on social protection and employment policy, annual leave entitlement, health and safety, and the protection of workers' personal data. |
| Social security | Major pensions reform legislation was adopted in Austria in June (AT0306201N) and in France in July (FR0309103F). In February, the Italian parliament approved a proposal for a 'proxy law' reforming the social security system, and notably pensions (IT0303305F).Wide-ranging changes to the German unemployment benefit system were passed in December (DE0401205F). In Greece, 2003 saw draft legislation aimed at reforming and supplementing the existing legislative framework on social security. A new law on 'social employment' came into force in Poland in April, aimed at providing support and employment to people faced with social exclusion (PL0306103F). In Spain, new legislation setting out the social security entitlements of large families was introduced. In Portugal, new unemployment protection and sickness benefit legislation was passed in 2003, and will be implemented in 2004. A new Social Insurance Code was adopted in Bulgaria in August, bringing together and reforming previous separate items of legislation on pensions and other areas of social security (BG0309201N). |
| Termination of contract | In December, the German parliament passed a package of labour market laws, including changes to statutory protection against dismissal (DE0401205F). Changes introduced to the Polish Labour Code in July included new rules applying to many aspects of collective redundancies, including their definition and severance pay entitlements. A July amendment of the Slovakian Labour Code reformed the provisions on reasons for notice and the length of notice periods. |
| Training | In August, the Spanish government adopted a decree reforming the continuing vocational training system (ES0310110F). A law reforming Romania's tripartite National Adult Training Board (Consiliul National pentru Formarea Profesionala a Adultilor, CNFPA) was adopted in June (RO0401107F). In Greece, new legislation creating a national system for linking vocational education and training to employment was submitted to parliament in September 2003. |
| Working time | The Italian cabinet approved in April a decree implementing the 1993 EU Directive on working time (IT0305305F). In Cyprus, new legislation on the organisation of working time came into force in January 2003. In Luxembourg, new legislation introducing a statutory 40-hour week in the hotel and catering sector in three stages came into effect in January (LU0301107F). In the Netherlands, new legislation on Sunday working entered force in 2003, giving employees the right to refuse to work on Sundays (NL0110102F). A July 2003 amendment of the Slovakian Labour Code reformed a number of working time rules (SK0312103F. Norway's legislation regarding the use of overtime work was liberalised in February, while in April the Opening Hours Act, which regulates the opening hours of shops, was abolished (NO0304103F). New (mainly deregulatory) legislation on shop opening hours came into force in Austria (AT0307201N), Germany (DE0303203F) and Greece (GR0312102F). |
| Miscellaneous | In Luxembourg, new legislation on the status of civil servants was adopted in May 2003 (LU0306102F). New laws on funds to guarantee employees’ pay claims in the event of their employer's insolvency came into force in Bulgaria (BG0312102N) and Latvia (LV0309101N). |
Source: EIRO.
The organisation and role of the social partners
A range of changes to the organisation and role of the social partners in Europe took place during 2003, in relation to the representation of both employers and employees.
On the trade union side, the year saw continued merger activity in many countries (notably the Nordic countries), continuing a long-running trend, at least in western Europe - see the box below. This trend is widely regarded as being a response to the changing nature of membership, work and the economy, and as a way of cutting costs in the context of declining membership in many countries. On this latter point, figures published in 2003 highlight the mixed fortunes of trade unions in recent years. For example, Finnish research found that the total number of union members increased by 18,000 over 1994-2001, but the number of potential members rose by 161,000, leading to a fall in union density of 7.3 percentage points (from 78.5% to 71.2%) (FI0302204F). Membership of the unions affiliated to the German Federation of Trade Unions (Deutscher Gewerkschaftsbund, DGB) dropped by 199,000 (2.5%) in 2002 to stand at 7.7 million (DE0302201N). However, while membership has continued to decline for over 10 years, the pace of decline slowed in 2002. Sweden's largest union confederation, the blue-collar Swedish Confederation of Trade Unions (Landsorganisationen, LO), lost 1.4% of its members in 2002, while the white-collar Swedish Confederation of Salaried Professionals (Tjänstemännens Centralorganisation, TCO) grew by 1.2% and the Swedish Confederation of Professional Associations (Svenska Akademikers Centralorganisation, SACO) by 4.5% (SE0304101N). Some trade union centres' financial position has reached a parlous state. In June 2003, the Dutch Trade Union Federation (Federatie Nederlandse Vakbeweging, FNV) decided on major cutbacks and restructuring as a result of its poor financial position (NL0307101N).
| Trade union restructuring and reorganisation in 2003 Specific trade union restructuring and related events in 2003 included the following:
|
In the Netherlands, debate centred in 2003 on the rise of trade union organisations that act independently of the three established federations. The established unions have questioned the respresentativeness of these new organisations and the legitimacy of the agreements they have signed with some individual employers and smaller sectoral associations. Nevertheless, the established unions are still involved in the negotiation of more than 95% of all collective agreements (NL0302103F and NL0307101N). There was also some inter-union discord in Ireland, where a membership transfer dispute broke out between the country’s largest union, the Services Industrial Professional and Technical Union (SIPTU), and the UK-based Graphical, Paper and Media Union (GPMU) (a truce was eventually called - IE0305202N). Demarcation disputes between affiliates of the Austrian Trade Union Federation (Österreichischer Gewerkschaftsbund, ÖGB) were also reported during the year (AT0307203F). In Denmark, in November 2003 all but one of the health workers' trade unions belonging to the Health Cartel (Sundhedskartellet) announced that they are to leave the Association of Local Government Employees' Organisations (Kommunale Tjenestemænd og Overenskomstansatte, KTO), the umbrella body which represents employees in the Danish municipal and county sector in collective bargaining. This will remove nearly 100,000 workers, notably including nurses, from KTO's membership.
In terms of the political direction of trade unions, in Italy, cooperation between the three main confederations was somewhat strained on certain issues during 2003, though there were signs of a wish to re-establish unity late in the year (IT0312103F). In the UK, the election during 2003 of left-wing candidates as the new general secretaries of two influential trade unions was seen as likely to place further strains on government-union relations (UK0306105N).
On the employer side, 2003 was a rather quieter year. Perhaps the most significant event came in September, when Finland's two main employers' confederations - the Confederation of Finnish Industry and Employers (Teollisuuden ja Työnantajain Keskusliitto, TT) and the Employers’ Confederation of Service Industries (Palvelutyönantajat, PT) - announced that were studying the possibility of merging (FI0310201N). The merger was subsequently agreed in February 2004 and will create a new body, Finnish Industries (Elinkeinoelämän keskusliitto, EK), representing at least 15,000 companies that together account for over 70% of Finland’s GNP (FI0403201N). In Sweden, the two main employers' organisations in the municipality and city council sector - the Swedish Association of Local Authorities (Svenska Kommunförbundet) and the Federation of Swedish County Councils (Landstingsförbundet) - decided in May to merge by 2007. In Portugal, 2003 saw the merger of two employers associations in the textiles and clothing sector. The joint collective bargaining association for German public sector employers collapsed in May after more than 40 years. Representatives of the central government and the federal states (Länder) declared that they no longer saw common ground for a bargaining association with the municipal employers. Furthermore, the federal states are no longer willing to accept the leadership of the central government in future public sector bargaining rounds (DE0306202N). The year saw the formation of a new employers' organisation for suppliers in Luxembourg's fast-expanding automotive sector (LU0308102N) and various comings and goings in the membership of the Belgian Federation of Employers (Fédération des Entreprises de Belgique/Verbond van Belgische Ondernemingen, FEB/VBO) and the Estonian Confederation of Industry and Employers (Eesti Tööstuse ja Tööandjate Keskliit, ETTK) (EE0310102F). In Austria, the Chamber of the Economy (Wirtschaftskammer) continued with internal reform, aiming to consolidate its budget in the light of a reduction of membership contributions of 30% by 2005.
2003 was a mixed year regarding the involvement of the social partners in the formulation of social and employment policy. In Austria, the government launched a wide-ranging pension reform in the spring without the involvement of the social partners, resulting in country-wide industrial action (see below under 'Industrial action'). In Germany, the tripartite national forum, the Alliance for Jobs (Bündnis für Arbeit), discontinued its work in February 2003 (DE0302104N) after trade unions withdrew their support following a conflict with employers over pay moderation. In Latvia, the social partners' participation in decision-making process reportedly weakened somewhat - for instance, they were not invited to discuss the proposed state budget project while it was being drawn up (though bipartite cooperation between employers' organisations and trade unions appears to have improved). By contrast, the social partners in France have been experiencing more involvement in the formulation of social and employment policy. Legislation proposed in 2003 will commit the government to prior consultation of the social partners on all social and economic policy proposals.
In many candidate countries, the role of the social partners in the formulation of social and employment policy, and of bipartite social dialogue, is still in its relative infancy, although developing rapidly in some cases. Major developments in 2003 included the creation of bipartite sectoral level social dialogue committees in Hungary, with assistance from the EU's PHARE programme (HU0212106F). PHARE also supported the development of bipartite sectoral social dialogue in Slovakia (SK0307101N). At national tripartite level, December saw the first plenary session of Bulgaria's new Economic and Social Council, an advisory body made up of representatives of employers' organisations, trade unions and non-governmental organisations, which is regarded as completing the social dialogue system in Bulgaria (BG0401202N). In Romania, the organisation and functioning of the tripartite Economic and Social Council (Consiliul Economic şi Social, CES), was strengthened (RO0401107F).
Industrial action
Some countries experienced a relatively high level of industrial action during 2003, while others enjoyed a comparatively quiet year, though no statistical data are yet available on overall trends in action during the year.
In a number of countries, trade unions organised national strikes and protests against government policies. Notably, May 2003 saw Austria's largest strike action in 50 years, as almost half a million workers protested against the conservative-populist government's proposals for public pensions reform (AT0305202F). Similarly, in France, much action was organised in the spring over the government's pensions reform (FR0306104F). On 24 October, Italy’s three main trade union organisations held a one-day general strike to protest against the government's 2004 state budget law and its proposals for reform of the pension system (IT0311102N). This had been preceded by a four-hour general strike organised on 21 February solely by the General Confederation of Italian Workers (Confederazione Generale Italiana del Lavoro, Cgil), in protest against the policies of the government and employers (IT0302103N). There was also similar action in some of the new Member States. On 26 September, the Confederation of Trade Unions of the Slovak Republic (Konfederácia odborových zvazov Slovenskej republiky, KOZ SR) called a one-hour nationwide strike which affected a number of sectors, one of a series of actions organised by unions in protest at government policy (SK0312102N). Autumn saw a series of protests in Bulgaria calling for changes in the government's economic and social policy (covering issues such as incomes, taxation and sick pay) organised by two main union confederations (BG0311201N). There was also 'political' action in some countries on matters not directly related to industrial relations and employment - in both Italy (IT0304102N) and Spain unions (ES0304203N) organised stoppages during the spring in protest against the war in Iraq.
In individual companies and sectors, restructuring and attendant job losses gave rise to a considerable amount of industrial action in many countries (notably in central and eastern Europe). For example, a number of industrial conflicts took place in Belgium, linked to job losses at Ford’s Genk plant (BE0311305F) and in the aeronautical sector (BE0307301N) and plant closure plans at the steel producer Arcelor (BE0302301N). In Greece, proposed legislation on further liberalisation of the electrical power market provoked protest strikes in June and July (GR0307101N). In Bulgaria workers held protests against the planned privatisation of the Bulgarian Telecommunication Company (BTC) (BG0402101N) and the Bulgartabac tobacco holding. In Romania, protests were staged in the automotive industry, tractor manufacturing, steel, chemicals and oil processing against the collective redundancies generated by restructuring and privatisation (RO0311102F and RO0311101N). In Poland too, 2003 was characterised by numerous strikes, protests and demonstrations organised by miners, steelworkers and public sector employees, mostly protesting against redundancies and restructuring (PL0311102N).
In Finland, trade unions organised a national day of protest on 12 December to express concerns about the large-scale redundancies that have been taking place in Finnish companies (FI0312203F)
A notable feature of 2003 was the high level of industrial action on the railways, usually prompted by restructuring (sometimes related to EU liberalisation measures), but also by issues such as safety and bargaining arrangements. Thus, there were rail strikes and protests in countries such as Austria (AT0312103F), Belgium (BE0311301N), France (FR0304106F) Poland, Romania (RO0309101N), Sweden (SE0311102N) and the UK (UK0304103F). Two rail sector conflicts in Slovakia were the countries first genuine strikes since it became independent (SK0306101F). On 14 March, actions were held in many European countries as part of the International Transport Workers’ Federation's fourth annual international railway workers’ action day, entitled 'Safety first'. The aim of the protest was to draw attention to railway workers’ fears that the deregulation of railways around the world is jeopardising the lives of passengers and rail workers (EU0304202N).
Another international trade union campaign that produced national industrial action during the year was against a proposed EU Directive on market access to port services (EU0302201N), which trade unions feared would endanger employment for dock workers and lower health and safety standards. On several occasions during the year, Europe-wide protests against the proposed Directive - organised by the International Transport Workers' Federation (ITF), European Transport Workers' Federation (ETF) and International Dockworkers Council (IDC) - resulted in stoppages and strikes in a number of countries, notably Greece (GR0310101N) and Cyprus (CY0311101N). The Directive was eventually rejected by the European Parliament in November (EU0312203N).
The public sector often experiences comparatively high levels of industrial action and this was the case in a number of countries in 2003. In Greece, there was a wave of strikes in support of demands for pay indexation, the creation of new pay scales for public servants and over the issue of part-time work (GR0309103F and GR0311103F), culminating in November when the Greek Confederation of Public Servants (ADEDY) held a 24-hour strike (GR0312101N). In Estonia, a one-day strike was held by the Estonian Employees’ Unions’ Confederation (Eesti Teenistujate Ametiliitude Keskorganisatsioon, TALO) in support of pay demands for education and culture workers - the first genuine strike since Estonia gained its independence (EE0312103F). In Hungary, 2003 saw hardly any industrial action in the private sector, but some by workers in the public utility companies and other public sector workers, such as those employed in health and education (HU0306102N and HU0310101N). A dispute over a new pay agreement for 420,000 blue-collar workers in the Swedish municipal and city council sector resulted in five weeks of industrial action before a deal could be struck (SE0306103F). In May, workers in many parts of the Italian public sector went on strike to push for the opening of negotiations over the renewal of their collective agreements (which expired at the end of 2001) and support their demands (IT0306102N). Other public sector strikes in 2003 included action by: French education staff (FR0306102F) and refuse collectors (FR0307106F); Irish public health doctors (IE0307201N); Belgian postal workers (BE0308303F); and UK fire service workers (UK0307101N).
Strikes and industrial action and strikes were held within the context of collective bargaining in some countries, though overall it appears that the year's bargaining rounds passed off relatively quietly in most countries. Notably, in Germany, IG Metall's attempts to conclude an agreement on a 35-hour week in the eastern metalworking industry resulted in four weeks of strike action, but ended in failure (see above under 'Working time'). Other examples of conflict over new agreements included action by Swedish electricians (SE0308101N) and Italian transport workers (IT0312204F). More unusually, in Italy the Fiom-Cgil trade union campaigned during the second half of the year for the reopening of negotiations on the metalworking sector's collective agreement, which was signed in May 2003 by employers and the other two main metalworkers' unions, Fim-Cisl and Uilm-Uil. The campaign included an eight-hour strike in November (IT0312102N).
Despite the various high-profile examples of industrial action mentioned above, it should be stressed that some countries saw little in the way of conflict during 2003. Industrial action remained at historically low levels in Ireland, while other countries that experienced a quiet year included Latvia, Malta, Norway, Slovenia and Spain ( where the incidence of industrial action was significantly below that in 2002).
In terms of the regulation of industrial action, 2003 saw the establishment of the National Institute for Reconciliation and Arbitration, Bulgaria's first institution for the out-of-court resolution of collective labour disputes. The new Institute provides mediation and arbitration, and is seen as filling a major gap in the country's industrial relations system (BG0401103F). In September, Italy’s Guarantee Authority (Commissione di garanzia) on strikes in essential public services set out rules to be observed by public sector workers in the event of a general strike called by trade union confederations. The rules cover matters such as the provision of minimum services and were drawn up with trade union input (IT0310101N).
Employee participation
Employee participation and involvement remained a topic of great interest around Europe, not least because of the requirement to implement EU legislation.
At the beginning of 2002, EU Directive 2002/14/EC on national information and consultation rules was adopted (EU0204207F), obliging Member States to ensure that there are arrangements in place for informing and consulting employees on a range of issues. The Directive should be implemented at national level by 23 March 2005, but transitional arrangements for Member States without established statutory systems of employee consultation and representation - effectively Ireland and the UK - mean that these countries may phase in the coverage of the Directive for smaller firms. The implementation of the Directive has unsurprisingly had the highest profile in the two countries where it will have the largest impact: in the UK, the government published a consultative draft of Regulations to implement the Directive in July 2003(UK0307106F); while in August 2003, the Irish government published a consultation paper on national implementation (IE0309204F). Preparatory work on the implementation of the Directive has also begun in many other countries, where less extensive changes are generally regarded as being necessary for compliance. In Sweden, for example, a government committee was set up in October 2003 to investigate whether existing national law will need to be modified, and will report in July 2004. In Belgium, the social partners began discussions on the Directive in December.
The acceding candidate countries have been busy transposing various pieces of EU legislation relating to employee involvement and participation. For example, Hungary transposed the 1994 European Works Councils (EWCs) Directive (94/45/EC) in 2003 by means of Act XXI, which will enter into force on 1 May 2004. Malta also enacted legislation transposing the EWCs Directive, due to come into force on 5 April 2004. It appears that almost all new Member States joining the EU in May 2004 now have their EWCs legislation in place. A possible revision of the EWCs Directive itself remains on the European Commission's agenda and a first-stage consultation of the social partners is envisaged for early 2004, with a follow-up consultation later in the year. In the UK, the government published in July 2003 a discussion paper on the UK experience of EWCs, with the aim of gathering information and views to help it prepare for the forthcoming EU-level discussions on the possibility of revising the Directive (UK0308102N). The Confederation of British Industry (CBI) and the Trades Union Congress (TUC) submitted sharply divergent responses (UK0311101N).
Some countries began to take action over implementation (due by October 2004) of Regulation (EC) No. 2157/2001 on the European Company Statute (ECS) and its accompanying Directive (2001/86/EC) on employee involvement (EU0206202F). For example, in the Netherlands, a bill on employee involvement in the European Company was introduced in 2003. In Slovakia, the government is reported to be working on transposition. In Spain, a decision was taken in 2002 to create sectoral observatories and a national observatory to monitor the situation in the framework of the Statute. Some preliminary discussions are reported to be taking place in chemicals companies. In Sweden, a government commission set up to prepare for the implementation of the ECS reported its findings in June 2003 (SE0308102F), proposing that a new law should be passed to this end. In October, the UK government issued draft Regulations to implement the Directive and to deal with certain company law aspects of the ECS. In Norway, a committee deliberating changes to the country’s working environment legislation also looked at the implementation of the ECS (plus Directive 2002/14/EC) (it reported in February 2004). In Denmark, the government plans to implement the Statute in 2004.
Away from the direct implementation of EU law, developments in 2003 relating to employee involvement included the following:
in Finland, a working group started preparing changes to the Law on Cooperation within Undertakings - the main item of workplace employee involvement legislation (FI0309203T) - and was due to make its final proposal in early 2004. A tripartite committee also began work on the reform, which is the largest labour legislation project of the current government's term of office. The Act has been widely criticised for being administratively complicated and unclear;
in Italy, the 2004 budget law, approved in September 2003, provides for the creation of a special fund to encourage employee participation in companies' financial results and decision-making (IT0310102N). Furthermore, the new collective agreement in the rail sector (see above under 'Collective bargaining') establishes a 'participatory' industrial relations system for the sector, based on joint committees and information and consultation procedures at both national and company level;
in Romania, the new Labour Code which came into force in 2003 explicitly recognised employees' information and consultation rights at company level, as well as their right to take part in establishing and improving working conditions and the work environment. In companies with more than 20 employees in which no trade union is organised, elected employee representatives can now promote employees’ interests. Employees must be periodically informed about the economic and financial situation of the company, and consulted whenever decisions that will substantially influence their interests are to be taken (eg in case of redundancies); and
Slovakia's new Labour Code, which came into force in April 2002, made significant changes to the law on employee participation, which had previously granted consultation, information, inspection and collective bargaining rights only to trade union organisations. The new Code allowed for employee representation through an elected works council or 'works trustee' with negotiation, information and inspection rights, but only in organisations with no trade union presence. However, in July 2003, an amendment to the Code extended works councils and works trustees to organisations where a trade union is present (SK0308102F).
2003 was a quiet year in terms of reported new developments in the field of transnational employee involvement arrangements in multinational companies. One of the few new EWCs reported in major companies during the year was at the German mail and logistics multinational, Deutsche Post AG (DE0309204F).
Stress at work
Stress at work (TN0111109S) is an issue which has been receiving increasing attention at European level. Notably, in 2002 the European Agency for Safety and Health at Work organised a campaign, Working on stress, aimed at raising awareness of the problem of stress throughout the EU and helping all those involved in this issue across Europe to work together (EU0208202N), and stress was the central issue in the October 2002 European Week for Safety and Health at Work. The Agency estimates that stress at work affects around 28% of the EU workforce, amounting to over 40 million employees. Although women report the highest levels of stress, it is perceived to be a problem for both sexes, in all sectors and at all organisational levels. Stress is thought to cause cardiovascular diseases, musculoskeletal disorders and mental health problems, and is estimated to be related to up to 60% of all absence from work. In this context, following a seminar held in February 2003, the European-level cross-industry social partners called on their member organisations to grant them a mandate to begin negotiations with a view to concluding a voluntary agreement on stress at work. Negotiations began in September 2003 and had not concluded at the end of the year.
At national level, the debate is gaining momentum in many countries, with governments and the social partners recognising that stress at work is growing for many employees and, if not controlled, can lead to increases in sickness absence, low morale and poor performance. However, stress is not yet widely debated in all countries and does not appear to be high on the agenda at present in cases such as Cyprus, Greece, Hungary and Malta.
One of the countries which has been most concerned with the issue of stress at work over the past few years is Sweden, which has seen numerous official commissions, conferences, seminars, tripartite talks, research reports, government declarations and legislative measures on ill-health at work, with stress a key theme. Most recently, in December 2003 the government issued a declaration of intent on 'a more healthy working life' (SE0401105F), which among other points calls on the social partners to conclude new collective agreements on the work environment and take ill-health issues into account in future bargaining (see below). The debate is very much linked to attempts to reduce continuing high sickness absence rates in Sweden.
Action on stress involving both the government/public authorities and the social partners is reported from a number of other countries. A prime example is found in Germany, where issues of 'quality' of work in general and of stress and safety in particular are dealt with by the Initiative for the Improvement of the Quality of Work (Initiative Neue Qualität der Arbeit, INQA) - a broad platform (founded in 2001) which brings together the federal government, federal state (Länder) governments, the social security administration, the social partners and a number of companies in order to contribute to debate on the future of work. Through INQA, the parties seek to develop and disseminate examples of best practice and thus to contribute to the modernisation of work. In Norway, the Labour Inspectorate, in cooperation with social partners, has developed a guide to stress and a checklist to be used by employers in identifying and dealing with the problem. In Bulgaria, a first national conference on stress was held in September 2003, focusing on the reasons for stress, its consequences and its prevention. In Romania, there have been discussions involving the social partners about a modification of the labour inspection legislation, including the recognition of stress as an occupational disease.
Bipartite joint trade union-employer action on stress does not yet appear to be common in most countries, however there are some recent examples:
in 1999, Belgium's bipartite National Labour Council (Conseil National du Travail/National Arbeidsraad, CNT/NAR), bringing together representatives of trade unions and employers' organisations, approved an intersectoral collective agreement on combating stress at work (BE9904269F). The agreement provides a definition of stress and sets out the obligations on private sector employers with regard to the prevention and the reduction of work-related stress. No information is available on the subsequent follow-up to this agreement;
in the Netherlands, unions and employers both recognise the problem and a number of collective agreements contain provisions on conducting research into stress at work, while the matter is addressed in health and safety agreements and the social partners are currently trying to stimulate the development of instruments to combat stress;
in Spain, several company agreements signed in 2003 (eg at Telefónica and several banks) provided for the creation of committees to examine the issue;
in Slovenia, the sectoral agreement for postal and courier activities, concluded in 2003, imposes a duty on employers to adapt work to the individual worker by eliminating monotonous work and imposed work rhythms etc;
in Sweden, the government is encouraging the social partners to negotiate on the work environment, including stress. Interestingly, in 2003, negotiations over a new collective agreement for electricians were complicated by demands from the Swedish Electricians' Union (Elektrikerförbundet) for improved working conditions, with the union claiming that its members working in the building sector were suffering excessive stress. The employers would not concede on this point and the union started industrial action. However, the LO union confederation intervened, stating that the stress issue should be taken up at a higher and more general level, and thus excluded for the time being from the electrician's bargaining agenda. This enabled a new agreement to be concluded (SE0308101N). Against this background, in January 2004, the LO board decided that all its affiliated (blue-collar) trade unions should make a uniform set of work environment demands to their respective employers' associations in the 2004 bargaining round (SE0402101N); and
legislative amendments in 2003 seem likely to promote bargaining on stress issues in Denmark (where the topic already features highly in the work of joint workplace cooperation committees). Changes to the law leave a number of 'psycho-social' aspects of the work environment, including stress, to be jointly regulated by collective agreements between the social partners.
Unilateral trade union activities and demands on stress seem to be becoming more common. In the UK, a recent TUC survey of union safety representatives identified stress as the country’s 'number one workplace health hazard', and in April 2003, the TUC reported that unions had launched 2,500 new stress claims against employers in the previous year. The TUC has launched and promotes a 'stress MOT' auditing tool to assess the causes of stress and employer responses. The Austrian Chamber of Labour conducts annual surveys on the issue, and representatives of organised labour are calling for better (precautionary) health services to be offered at company level. In Germany, the IG Metall metalworkers' union decided in spring 2003 to launch a campaign called 'good work' (Gute Arbeit) which particularly aims at reducing stress at work, not least in order to improve the health and employment prospects of older workers and thus adjust the workplace to the process of the ageing of the workforce. IG Metall also hopes that a new framework collective agreement for the metalworking industry, signed in June 2003, will give it more power to reduce stress at work. The Luxembourg Confederation of Independent Trade Unions (Onofhängege Gewerkschafts-Bond Lëtzebuerg, OGB-L) and the Luxembourg Mental Health League (Ligue luxembourgeoise d’hygiène mentale) concluded a partnership agreement in September 2002 on setting up a national scheme to assist workers who suffer from stress-related illnesses, a move which received a favourable response from the government. This 'work-related stress information unit' currently operates a telephone helpline, provides individualised counselling, and organises relaxation activities. In Romania, the Cartel Alfa confederation is conducting a study of the topic and some unions have organised special seminars. The Spanish union confederations' health and safety institutes are calling for workplace health and safety committees to address the problem and apply pressure for it to be dealt with in collective bargaining. The health and safety institute of the Trade Union Confederation of Workers’ Commissions (Comisiones Obreras, CC.OO) is developing a methodology to evaluate psycho-social risks.
Action on stress by the government and public authorities responsible for health and safety at work has featured recently in some countries, notably in central and eastern Europe. Estonia's occupational health development plan for the period until 2007 highlights the issue and states that measures to tackle stress and 'psycho-emotional' stress factors at work will be developed in 2004. Poland's Central Institute for Labour Protection (Centralny Instytut Ochrony Pracy, CIOP) is conducting research on stress at work. In 2003, Slovakia's Research and Education Institute on Health and Safety at Work (Výskumný a vzdelávací ústav bezpecnosti práce, VVUBP) issued a publication on training on stress at work, including basic information, a description of stress factors and options for their elimination, while the theme features in National Labour Inspectorate (Národný inspektorát práce, NIP) activities. A resolution (previously discussed with the social partners) on the National Programme on Safety and Health at Work adopted by the Slovenian government in September 2003 contained a section on stress and provides for work in this area. In the current EU, during 2003 the UK Health and Safety Executive (HSE) piloted draft management standards of good practice for tackling work-related stress, and launched a new report identifying a good practice model for tackling stress, based on the experience of 18 organisations seen as 'beacons of excellence' in stress prevention The HSE produced a draft code of practice on stress in 1999, but it remains unadopted.
In terms of relevant new legislation in 2003, the main example was the Finland's Occupational Safety Act, which includes several measures aimed at decreasing stress at work - for instance, a risk analysis on stress and other mental factors causing health problems must be conducted at all workplaces. It is notable that the experience of Finland in this area is in contrast to that of most other countries - here, stress at work appears to be decreasing. According to a survey carried out by the Finnish Institute for Occupational Health and Safety, work-related stress has decreased, especially among men. The proportion of men stating that they feel stress at work sometimes or very often has declined from 49% in 1997 to 43% in 2000 and 38% in 2003, though women tend to suffer stress more often than men.
Undeclared work
The phenomenon of undeclared work - defined as 'any paid activities that are lawful as regards their nature but not declared to the public authorities'- is an issue which has been preoccupying the EU institutions for a number of years. Studies estimate the size of the informal economy on average at between 7% and 16% of the EU's GDP. The current EU employment guidelines call on the Member States to transform undeclared work into regular employment, by developing and implementing broad actions and measures to eliminate such work, which combine simplification of the business environment, removing disincentives and providing appropriate incentives in the tax and benefits system, improved law enforcement and the application of sanctions. In October 2003, the Council of the European Union adopted a Resolution on undeclared work (EU0311206F), calling on Member States to address this issue and to work together to improve the situation. Suggested actions include preventative measures and sanctions aimed at eliminating undeclared work. The Resolution also invites the social partners at European level to address this issue within the context of their current multiannual work programme (EU0212206F) - indeed, the partners plan a seminar on the issue in 2005, with the aim of reaching a joint opinion - and to deal with it in the context of the sectoral social dialogue committees. The Council calls on the social partners at national level to promote the declaration of economic activity, to engage in awareness-raising and to promote the simplification of the business environment, particularly in relation to small and medium-sized enterprises..
Data, and especially reliable data, are hard to find on the extent of undeclared work, but the information available is give in table 4 below. In the current EU, the phenomenon appears to be particularly prevalent in Greece and Italy, significant in Austria, France and Spain, and less common in Finland, Luxembourg, Sweden and the UK. Most of the acceding and candidate countries in central and eastern Europe seem to have a relatively major problem with undeclared work. Construction, hotels/restaurants/catering, agriculture, domestic/personal services and retail seem to be the sectors most affected across Europe. In some countries, it is thought that a relatively high proportion of undeclared work is carried out by (often illegal) immigrants from outside the current EU.
Looking at the current situation around Europe, we find that the degree of attention to undeclared work varies considerably. In some countries (such as Ireland and Luxembourg), it is not apparently perceived to be a particularly significant problem, whereas in others it is a major focus of debate. The issue seems high on the agenda at present in countries such as Austria, Belgium, Denmark, Germany, Greece and Italy, as well as in many of the acceding and candidate countries in central and eastern Europe. For example, in Austria, recent scandals involving illegal employment practices in road haulage (AT0203201N) and in the construction industry (AT0302202F) have triggered a continuing debate on measures to combat illicit work. In particular, cases of large-scale, organised social security and tax fraud committed by a growing number of companies have led trade unions and the parliamentary opposition to call for legislation combating these practices. In most countries concerned, there appears to be a general acceptance by the government and the social partners that undeclared work cuts social security and tax receipts, destroys regular jobs, enables unfair competition and deprives workers of proper protection.
In terms of government action to combat undeclared work, there has been considerable activity of late in acceding and candidate countries such as Bulgaria, Latvia, Slovakia and Slovenia. For example, in 2003, the Bulgarian government, supported by the social partners, introduced new measures to address two major labour market problems related to undeclared work (BG0307101F): employment without a signed contract; and the practice of employers paying social insurance contributions on the basis of the national minimum wage, rather than on employees' actual pay. Thus, registration of employment contracts with the National Social Security Institute has been made mandatory, while minimum social insurance thresholds have been introduced, which are higher than the national minimum wage and set at different levels for specific sectors and occupations. In Slovakia, the Employment Act was amended in 2003 in an attempt to clamp down on undeclared work. In Malta, a committee made up of representatives of the Employment and Training Corporation (ETC), the Ministry of Social Policy, the Ministry of Finance and Economic Services and the Ministry of Education was set up in August 2003 in order to draw up and plan a national campaign against undeclared work.
As in Bulgaria, the issue of proper employment contracts is prominent in some other acceding and candidate countries. In late 2003, the Estonian Ministry of Social Affairs launched an advertising campaign, aimed at employers, to promote 'official' written employment contracts. In Hungary, the law was amended in 2003 in an attempt to reduce the large number of people performing work on the basis of 'sham' civil law contracts - ie contracts not governed by labour law, with a lower tax and social security burden (HU0310102F).
In the current EU, the German government regards the present extent of undeclared work as alarming (pointing in particular to the loss of tax income for the state) and has therefore recently prepared a draft bill to introduce tighter controls and more severe sanctions. In Italy, the poor results of previous attempts to control undeclared work have induced the Ministry of Labour and Social Policies to propose the establishment of an extraordinary commission endowed with broad powers, including coordination of the police forces, in order to combat the problem.
Recent government action in this area has in some cases been prompted by the focus on undeclared work in the European employment strategy, and included in National Action Plans (NAPs) for employment - examples include Greece, Malta, Slovenia and the UK. In a number of present EU Member States, such as Denmark, the introduction of transitional measures for the free movement of workers from the new EU Member States has included attempts to prevent undeclared work by migrants from these countries.
In some countries, efforts are being made to address the undeclared work problem through building partnerships between public authorities and employers and trade unions in the sectors and areas most affected. This has been the case, for example, in construction and cleaning in Belgium. The Danish government has made the fight against undeclared work a priority and in summer 2003 decided to strengthen measures in this area. Regional networks have been developed, involving the local branches of trade unions playing a major role in detecting illegal workers and employers’ organisations helping to identify those firms employing workers illegally (DK0308101N). In France, there is an increasing number of partnerships and collective agreements specific to particular sectors and regions aimed at combating the problem. The issue of 'substandard' employment and business practices was prominent in Norway in 2003, particularly in the building and construction sector. In recognition of the detrimental effects of such practices, the social partners in the industry, along with relevant regulatory and enforcement bodies, have joined forces to establish a working group to examine and recommend measures to deal with the problem, which published its first report in November 2003 (NO0312103F). There has also been joint work at national level in some countries. For example, in November 2003, representatives of Estonian trade unions and employers’ organisations, together with the Labour Inspectorate and the Tax Board, held a round-table meeting to discuss the widespread problem of undeclared wages, on which social security contributions and income tax are not levied. The participants called for stronger control of the implementation of relevant laws and regulations (EE0312101N). The UK government has set up an Illegal Working Steering Group, which includes representatives of the CBI and TUC.
The causes of undeclared work, and how to address it, are not always an issue of unanimous agreement among the social partners. In a number of acceding and candidate countries, such as Hungary and Romania, the social partners seem agreed that it is the high level of taxation and social contributions levied on wages that drives both employers and employees to use undeclared work. In Romania, both trade unions and employers’ organisations claim that lowering the tax burden is the most important means of transforming undeclared work into regular employment. The tax and social security burden is also highlighted by employers in a number of other countries, such as Austria, Belgium, Germany and Malta, with consequent demands to lighten this burden. Other causes cited by employers include overly rigid labour market regulations (as in the case of Germany), and other solutions offered include simplifying the relevant administrative rules. By contrast, trade unions in many cases (eg Austria, Belgium, Germany and Italy) see tightening up legislation and controls, and making sanctions more substantial, as the best way of tackling undeclared work. More information for workers about the consequences for them of performing undeclared work is also demanded by unions in countries such as Slovenia. Italy's Cgil trade union confederation has submitted a proposal which envisages: the creation of a national fund to support local 'emergence' plans for undeclared workers; the expansion of inspection services; more stringent rules for contract procurement, subcontracting and the agricultural sector; and an inclusive strategy for immigration.
| Austria | The growing informal economy is estimated to represent about 10% of GDP. According to a 2001 study, most illicit employment relationships are found in the construction industry (38% of the total), followed by hotels and restaurants (17%) and industrial production (16%). |
| Denmark | A September 2002 survey conducted by the trade union cartel in the building and construction sector (Bygge-, Anlægs- og Trækartellet, BAT-kartellet) found that around 6,500 people were working illegally in building and construction, agriculture, forestry and gardening (87% of the illegal workers came from Poland, Lithuania and Latvia). Undeclared work is also thought to be relatively common in cleaning, restaurants and hotels. |
| Estonia | According to the Estonian Institute of Economic Research (Eesti Konjunktuuriinstituut, EKI), in 2002 some 13% of employees received wages which were paid totally or partly without taxes. |
| Finland | Undeclared work is estimated to account for around 4.5% of GDP, and is mainly concentrated in the hotel and restaurant business, construction and private households. According to a 2002 study, the level of undeclared work in equals on average the annual work of 17,000-23,000 people (9%-16 % of sectoral production) in the construction sector, and of 18,000 people (21% of sectoral output) in restaurants. |
| France | Undeclared work is thought to account for 10%-20% of GDP. A 2003 official report on the subject found that it is a growing phenomenon and that is assuming increasingly subtle and varied forms (eg employment of undeclared workers, non-payment of contributions, incomplete declarations and disguised outsourcing). |
| Greece | Illegal employment and undeclared economic activity is thought to account for around 35% of GDP. The Social Insurance Foundation (IKA) states that around one worker in four is uninsured for social security. A significant part of the hidden economy is thought to involve undeclared work by migrants from eastern Europe and Asia. |
| Italy | A series of recent surveys, the most important of them conducted by the Istat official statistical body, have found that Italy’s 'hidden' or 'irregular' economy continues to grow (IT0312306F). According to the most recent figures, 3.5 million workers out of a total labour force of 23,452,000 are irregular. This is a figure equivalent to 15%, and the level rises to 18% among employees. The growth of undeclared or work is matched by that of the hidden economy, which oscillates between 15.2% and 16.9% of GDP. The sectors most affected by irregular work are domestic or personal care services, building, agriculture, catering, tourism and retail. The phenomenon is especially widespread in southern Italy, where one in every five workers is irregular. |
| Latvia | Undeclared work is thought to be at relatively high levels, often taking the form of undeclared cash payments for part of an employee's work. The existence of such work in agriculture, industry, construction, trade and hotels/ restaurants is indicated by the relatively low level of declared pay in the private sector (compared with the public sector) in these sectors |
| Poland | The number of people involved in undeclared work is estimated at 800,000 (total employment is around 13.8 million). |
| Romania | The underground economy’s share of GDP was 18% in July 2003, down from 20% in 2002 (according to OECD figures) and 30%-45% in 2001 (according to the United States Agency for International Development). Moreover, government officials estimated that in 2003 approximately 45% of the unemployed were working illegally. The Alliance for the Economic Development of Romania (ADER) estimated that in 2003 some 10%-17% of employers used undeclared work, accounting for 1.8 million-2 million people (total employment is around 8 million). |
| Slovakia | The number of people performing undeclared work has been estimated at between 70,000 and 140,000 (total employment is around 2.1 million). Such work is most common in construction, retail and travelling services. |
| Slovenia | The 'grey economy' is estimated at between 17% and 25% of GDP. Undeclared work is thought to be most common in crafts and related activities, catering and services. |
| Spain | The most recent detailed national study was in 1986, when between 15% and 20% of the active population was found to be in the underground economy. A 2000 EU study found that the underground economy in Spain represented 22% of the total. Undeclared work often involves: jobs in areas such as domestic service; undeclared overtime; and work by unregistered immigrants (especially in agriculture, construction and hotels/catering). |
| Sweden | A 2003 Danish study estimated that undelcared work amounted to 2.3% of GNP in Sweden. Students are the group of workers most involved, and the main sectors are restaurants, cleaning and construction. |
| UK | According to national statistics, undeclared income amounted to about GBP 14 billion in 1999, approximately 1.5% of GDP. There are no reliable estimates of the number of workers involved. |
Source: EIRO.
New forms of work
'Non-standard' forms of work, such as temporary work through agencies, fixed-term contracts, part-time work and flexible forms of working, retained their place at the forefront of debate around Europe during 2003. Developments included new legislation, particularly in the acceding candidate countries, as they implement EU Directives before accession to the EU (see above under 'Legislative developments'), and new agreements at national, sectoral and company level.
Overall, according to Eurostat, the incidence of part-time working in the current EU increased between 2001 and 2002, from an average of 18.0% of all employment in 2001 to 18.2% in 2002 - see figure 6 below. The average in the 12 'euro-zone' countries also increased, from 16.2% in 2001 to 16.5% in 2002. The Netherlands stands out as the country with the highest level of part-time working - 43.8% in 2002. Other countries with a relatively high incidence of part-time working include Norway (26.3%), the UK (25.0%) and Sweden (21.4%). The incidence of part-time working was lowest in Greece, at 4.5%, followed by Portugal, at 11.3%. Part-time working appears to be a growing phenomenon in the majority of countries - its incidence rose between 2001 and 2002 except in Spain, Italy, Ireland, France and Denmark.
In the acceding and candidate countries, the incidence of part-time working is generally considerably lower than in the current EU, standing at 7.8% overall in 2002, down from 9.8% in 2001, though the level varies considerably between countries. The level of part-time work fell slightly from 2001 to 2002 in Bulgaria, Cyprus, the Czech Republic, Estonia, Latvia and Slovakia, though the major drop in Romania is largely due to a change in definitions. The country with the highest incidence of part-time working in 2002 was Romania, with 11.4%, followed by Poland (10.7%) and Lithuania (9.8%). The countries with the lowest incidence of part-time work were Slovakia (1.9%), Bulgaria (3.1%) and Hungary (3.6%).
There were relatively few legislative of bargaining developments related to part-time work in 2003. In Malta, the Part-Time Employees Regulations (2002) came into force in 2003, protecting part-time employees against discrimination on the basis of their employment contract. Slovenia's new Law on Labour Relations, which came in force in January 2003, set out new regulations on part-time work (as well as fixed-term employment, temporary agency work, home work etc) - these do not differ substantially in their content from the previous rules, but are now set out in a more clear and precise way (SI0308201F). Romania's new Labour Code sets a legal framework for all 'atypical' forms of work for the first time. In Norway, a committee was set up in November to look into the causes of part-time work, how its use affects participation and flexibility in the labour market and to examine the extent of involuntary part-time work and what can be done to reduce this. The committee will report in October 2004.
Figure 6. Part-time work in the EU Member States, Norway and candidate countries, 2001 and 2002 (% of the workforce)
* 2001 figure - population between 15 and 74; ** 2001 figure is for 2000; *** comparability with 2001 lacking due to changes in definitions of employment and unemployment.
Source: Eurostat labour force survey.
Turning to fixed-term work (work on a 'contract of limited duration'), the overall incidence declined slightly in the current EU between 2001 and 2002, according to Eurostat figures - see figure 7 below. The 2002 average for the EU 15 was 13.1% of all employment in 2002, compared with the 2001 average of 13.4%. The figure for the 12 euro-zone countries was 14.7% in 2002, compared with 15.0% in 2001. The level of fixed-term working varies considerably between Member States - the country with the highest incidence of fixed-term working is still (by some distance) Spain, with an average of 31.2% in 2002, although this is down from 31.6% in 2001. Other countries with a relatively high incidence of fixed-term working include Portugal (21.8% in 2002), Finland (17.3%) and Sweden (15.7%). Luxembourg, Ireland and the UK have the lowest incidences of fixed-term work, at 4.3%, 5.3% and 6.1%, respectively.
In the acceding and candidate countries, the average level of fixed-term work was 8.0% in 2001, rising to 11.1% in 2002, according to Eurostat. Fixed-term work is thus, on average, somewhat less common than in the current EU. The range in 2002 was from 15.5% in Poland and 14.7% in Slovenia to 0.9% in Romania and 2.2% in Estonia.
New legislation on fixed-term work, mainly implementing the 1999 EU Directive (1999/70/EC) on the subject, was adopted or came into force in 2003 in countries such as Cyprus, Greece, Hungary, Ireland, Malta and Slovenia. The Greek legislation proved controversial, and the year saw a number of court cases challenging the fact that many workers, mainly in the public sector, are excluded from some of its provisions (GR0306102N). In Norway, the government proposed a liberalisation of the rules governing temporary (fixed-term) work, which was strongly opposed by trade unions (NO0210103F). However, the government had to withdraw its controversial proposal in order to reach political agreement on the state budget in the autumn (NO0312101N). In France, new forms of fixed-term employment contract linked to the completion of a specific task were widely discussed in 2003, and seem likely to be the subject of legislation in 2004.
Figure 7. Fixed-term work in the EU Member States, Norway and candidate countries, 2001 and 2002 (% of the workforce)
* 2001 figure for population between 15 and 74; ** 2001 figure for population over 15; *** comparability with 2001 lacking due to changes in definitions of employment and unemployment.
Source: Eurostat.
On the specific issue of temporary agency work, there was a fair amount of legal and bargaining activity at national level in 2003, although the European Commission's proposal for an EU Directive to ensure the principle of non-discrimination for temporary (agency) workers failed to achieve adoption during the year (EU0306206F). In Germany, new legislation on temporary agency work came into effect at the beginning of the year, with the aim of promoting an expansion of this form of employment. In Poland too, new legislation was adopted on agency work, which has been growing in recent years. The new law defines temporary agency work and lays down rules on its use and on the employment conditions of agency workers (PL0308103N). New statutory rules in this area also came into force in Slovenia, seeking both to increase the flexibility of the labour market and provide adequate protection for agency workers (SI0207101F).
Germany's new legislation led in May 2003 to the conclusion by trade unions affiliated to the DGB confederation of separate packages of collective agreements with two major employers' associations in the temporary work sector. The agreements - the first multi-employer agreements in the agency work sector - cover pay, working time, paid leave and bonus payments (DE0308203F). Sectoral bargaining was already established for temporary agency work in a number of countries, and 2003 saw new agreements in countries such as:
Austria - providing a minimum pay increase of 2.1%;
Belgium - covering issues such as training, health and safety, bonuses and combating discrimination against agency workers when applying for bank loans;
the Netherlands - increasing the maximum length of contracts and ensuring payment for agency workers on the basis of the user company's collective agreements (after 26 weeks' work); and
Sweden ( blue-collar workers) - increasing the guaranteed minimum monthly wage and improving the position of newly recruited workers, as well as dealing with matters such as the geographical area within which workers can be expected to work and the use of fixed-term contracts (SE0303102F).
Temporary agency work continues to spread rapidly in many countries, including Denmark, Finland and Italy. This often raises the profile of this form of work among the social partners, and also raises new legal questions about the position of agency workers. For example, in Denmark trade unions formerly paid little specific attention to the question, but the increase in the use of agency work and the draft EU Directive on the issue have led them to formulate a policy on the issue, especially with regard to when agency workers should have the same rights as user company employees on open-ended contracts. This point was put to the test in 2003 in an arbitration case involving the Union of Danish Electricians (Dansk El-Forbund) and Tekniq, the employers' organisation for heating and plumbing engineering and electrical installation. In a landmark award, the arbitrator ruled in September that temporary agency workers should receive the same terms - including pay - as employees doing the same work in the user company to which they have been assigned (DK0309101N). Another significant ruling was issued in Italy. Here, the use of agency workers by firms is in many cases thought by trade unions to be in breach of the legislation on the issue, which permits such workers to be used only on specific grounds. In August 2003, a labour tribunal ordered the TIM mobile telephone company to reinstate a temporary agency worker on an open-ended contract at one of its call centres. The tribunal found that the company had failed to provide the justification required by law for the use of an agency worker. This was the first such judicial decision and may mark a turning point in preventing the unlawful use of this type of labour (IT0310308F).
Turning to telework, there was some activity among the national social partners on implementation of the European-level intersectoral social partners' July 2002 agreement on telework (EU0207204F). In August 2003, the UK government published guidance on telework agreed by the CBI, TUC and CEEP UK (UK0309102N) in response to the European agreement. The UK guidance is intended by the signatory parties to provide a useful checklist of issues to consider when implementing teleworking and explain how the text of the European agreement might best operate in the context of the UK labour market. Management and employee representatives can use this guide to draw up company-specific policies on teleworking. However, its precise status is the subject of differing interpretations - in their introductions to the document, the leaders of both the TUC and CEEP UK referred to it as an agreement, whereas the CBI's director general used the description voluntary, non-binding guidance. Similarly, in June 2003, the Swedish social partners agreed a set of joint guidelines on the national implementation of the European telework agreement (SE0309102N). In Spain, the national intersectoral framework agreement providing guidelines for bargaining in 2003 contains a section committing the social partners to implementing the EU telework agreement.
Otherwise, there was not very much change in the regulation of telework in 2003. New legislation on the employment conditions and status of civil servants in Luxembourg provides that they may now receive permission from their head of administration to do some of their work at home by teleworking and making use of information technology (LU0306102F). There was also a proposal to introduce experiments in part-time teleworking in the Belgian federal public administration. In Slovakia, labour legislation regulated work at home for the first time.
The 'new' forms of work examined above are not the whole picture, and other types of atypical work feature in many countries. To take the example of Italy, 'semi-subordinate work' (between dependent employment and self-employment) and 'employer-coordinated freelance work' are becoming increasingly widespread and have played a key role in employment growth in recent years. The most important of the non-dependent atypical forms of work is employer-coordinated freelance work, which is growing at an average rate of 12% per year, and now involves almost 2.4 million workers. This increase has been matched by a substantial growth, in both quantitative and qualitative terms, of collective bargaining covering such workers, which has led to important agreements being reached not only at the company and territorial level but also at the sectoral and national levels (IT0308304F). New rules on employer-coordinated freelance work featured in 2003's major labour market reform legislation (IT0307204F), which also introduced or regulated various new forms of employment contract, with the aim of increasing labour market participation - such as 'staff leasing' contracts, on-call work contracts, job-sharing and 'supplementary work'.
Outlook
2004 looks set to be a challenging year in terms of industrial relations, collective bargaining and pay. One of the most significant events of the year will be the enlargement of the EU from 15 to 25 Member States from 1 May 2004, the largest single expansion exercise in the history of the EU. This will entail significant adjustments on the part of the governments and social partners in the acceding countries.
In political terms, the Presidency of the EU Council is held by the Irish government during the first half of 2004 and by the Dutch government during the second half of the year. Elections to the European Parliament will be held in 2004 and a new European Commission will take office when the mandate of the current Commission finishes at the end of October. In individual Member States, general elections are to be held in Spain, Slovenia, Greece, Romania and Luxembourg. Regional elections will be held in France and major local elections in Finland, Malta, Romania and Portugal.
The labour market will remain one of the largest challenges for many countries during 2004. In existing Member States, the year will see borders open to workers from the new Member States, although transitional arrangements are in place in the majority of current Member States. Many countries, such as Germany and Italy, have undergone significant labour market reform in recent years. In Germany, 2004 will be a year in which the success of the reforms, particularly in the area of social security, will be monitored. In Italy, 2004 will see the implementation in companies of the legislative reforms passed in 2003. Employment creation will remain a major preoccupation of the Belgian government, while further labour market reform will be on the agenda in Greece.
Pension reform is another major focus for many countries, as governments and social partners grapple with the problem of an ageing population and falling birth-rate. Thus, Austria is likely to see further reforms to its pension system in 2004. In Italy, pension reform is set to dominate the industrial relations and social policy debate, with the government likely to press on with reform, in the face of trade union opposition. The reform of the pension and health system will also be a topic of debate in Malta in 2004. In Norway, discussions are likely on pensions issues such as the fate of the country’s early retirement scheme and occupational schemes. Pension and healthcare reforms have been partially implemented in Slovakia and their completion will be a subject of debate in 2004. Other aspects of social security are a topic of debate in some countries. For example, 2004 will see the continuation of discussions on sickness absence and sick pay in Sweden, on unemployment benefit in Austria, on social security financing in Finland, on unemployment benefit and sickness insurance in France, and on healthcare in Latvia
In terms of collective bargaining, there is likely to be considerable activity at national, intersectoral level in many countries. Current national agreements expire during the year, or shortly afterwards, in countries such as Belgium, Finland, Greece and Spain and 2004 is will see bargaining over potential new accords. The social partners in Ireland will be preoccupied with trying to negotiate follow-on national pay provisions to those set out in their 2003 national agreement, in the context of a relatively conflictual industrial relations climate. In Slovenia, there will be negotiations over a new tripartite agreement on pay policy, with the deindexation of pay the most controversial issue. Furthermore, practically all national agreements in the private sector (the intersectoral general agreement and individual sectoral accords) expire during the year and should thus be renegotiated.
In Denmark and Sweden, 2004 will see the renegotiation of the main sectoral collective agreements - with the pace set by the industry sector - as multi-year agreements signed in 2000 and 2001 expire. Norway too, will witness a major bargaining round, after 2003's intermediate settlement, and the negotiations are expected to be a test of the continuing viability of the cooperative incomes policy approach that has characterised wage formation for over a decade. Important sectoral agreements are also due for negotiation in Germany - notably the influential metalworking industry settlement, where working time flexibility is likely to be a major theme - Italy (where pay will probably be a central issue) and Slovenia. In Cyprus, a key question in the bargaining round at sector an company level will be whether unions will demand pay increases above and beyond the increase in competitiveness, aimed at gradually achieving real convergence with pay in the EU as a whole - an issue also expected to feature in Greece. The Maltese government is due to try to establish a 'social pact' with the social partners
New or proposed legislation on the rules for collective bargaining is likely to be a focus of debate in France, Slovenia (where new legislation should introduce 'free' collective bargaining proper) and Hungary (where a revision of the Labour Code is expected, making it easier to conclude sectoral agreements). Some unions in Cyprus will continue to call for collective agreements to be made legally binding. Important legislation is expected in 2004 on issues such as: strikes in essential services in Cyprus; gender equality in Estonia; 'mobilisation for employment' (including new forms of task-related employment contracts) in France; and public administration employment contracts in Portugal
The EU Directive on employee involvement in the European Company Statute must be implemented by October 2004, and the years should thus see considerable activity in this area. Similarly, the national information and consultation Directive must be transposed by March 2005, suggesting that new or amended legislation is in prospect in this area in many countries - this is particularly the case in the UK and Ireland, where significant changes to existing rules will be required. The new Member States will have to complete their transposition of the acquis communautaire in the industrial relations field by May. (Andrea Broughton, IRS)
Eurofound recommends citing this publication in the following way.
Eurofound (2004), Comparative overview of industrial relations in Europe in 2003, article.
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