Council agrees on temp workers' rights and working hours

by Colman
Tue Jun 10th, 2008 at 05:43:31 AM EST

EUOBSERVER / BRUSSELS - After four years of failed talks and compromise proposals, Europe's 27 member states have made a breakthrough deal on two controversial bills - one setting health and safety limits on working time, and another determining pay and social rights for agency workers.[...]

Concerning temporary or "temp" workers - estimated at around 8 million people in the EU - the ministerial meeting agreed to give them the same pay and social rights as permanent employees from the first day they start work.

But the adopted text also makes it possible for member states to agree exemptions, such as a 12-week period that the UK government had set with trade unions, after which the conditions for temp workers must become the same as for permanent staff.[...]

Six countries remained opposed to the final package until the very end of negotiations due to details on the working time bill. In the end, the Slovenian moderator was forced to initiate a vote rather than the more usual consensus-type decision.

The dispute involved the very same issue which previously blocked progress on the dossier - whether the EU should allow exemptions from its average working limit of 48 hours per week, as applied by the UK and some states in central and eastern Europe.

Under the agreed proposal, employees across Europe will be allowed to work more than the health and safety threshold, depending on agreements with "social partners" such as trade unions. Belgium, Portugal, Spain, Cyprus, Hungary and Greece demanded stricter safeguards.

However, this is going to be exciting when it's referred back to the Parliament:
In their vote in May 2005, MEPs overwhelmingly agreed to phase-out the exemptions by 2012. They also agreed that the time workers spend "on call" while not working should be regarded as proper "working time" in terms of rest period calculation.


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EU deal protects UK working week opt-out

Britain has won backing for its hard-fought exemption from European Union maximum working-time rules after member states struck a compromise deal.

Late on Monday night in Luxembourg, countries reached an agreement that guaranteed the UK's waiver from the 48-hour week cap, although they voted for a review of the British opt-out within eight years.

The long-awaited pact, reached by a qualified majority, marks a breakthrough because member states have been trying to settle the union's working time dispute since 2004.

The debate over the EU social law highlights splits between those countries insistent on flexible labour market standards and other nations that pursue a more "social" approach.

Spain, the leading opponent of the UK's stance, Hungary and three other countries issued a formal declaration highlighting their dissatisfaction with the deal because it failed to scrap the opt-out.

Under the agreement, those signing the opt-out face an overall limit of 60 hours work per week. However, countries can secure a collective agreement between business and trade unions to override this.



In the long run, we're all dead. John Maynard Keynes
by Jerome a Paris (etg@eurotrib.com) on Tue Jun 10th, 2008 at 06:04:48 AM EST
From the TUC:

EU agreement - good news for agency workers and progress on working time, says TUC

Commenting on the outcome of the EU's Social Affairs Council, which reached agreement on an Agency Working Directive and changes to the Working Time Directive, TUC General Secretary Brendan Barber said,

"This adds up to good news for people at work in the UK. The agreement on agency work is a major step forward in delivering a fair deal at work for UK agency workers and a real breakthrough on an issue that has been stalled at EU level for many years.

"While we are disappointed that the UK opt-out on the 48 hour working week remains, there has been real progress on other working time issues.

"Employers will no longer be able to put pressure on staff to sign away their working time protection for four weeks, there will be an absolute limit of a 60 hour average week for most of the workforce - affecting more than 400,000 workers - and a universal right to request flexible working. All these measures have been opposed by employer lobby groups.

"Nor has the UK government won a permanent opt-out, despite its energetic campaign. The opt-out will be reviewed again in the future.

"While there will need to be detailed negotiations, and attention to the small print, the EU has once again proved an important route to better working conditions and employment rights."



Ad astra per aspera
by In Wales (inwales aaat eurotrib.com) on Wed Jun 11th, 2008 at 05:46:15 AM EST
Business Feed Article | Business |
The deal will help end a four-year dispute between British- and French-led camps on EU labour market rules which pitched London's liberal economic views against calls for minimum social standards from Paris.
The agreement may have happened because the French elected a "reformer". Clearly not everyone is happy even if the UK's TUC is:
Catelene Passchier, a senior official at the European Trade Union Confederation, described as a positive development the agreement to give temporary workers equal treatment in terms of pay, holiday and maternity leave from day one. But she criticised the compromise on working time rules, saying: "Concerning working time, we are much less positive ... We hope that the European Parliament will correct that." The EU legislature has co-decision powers with member states on the legislation. Spain, Belgium, Cyprus, Greece and Hungary said they would seek changes there as they did not fully support the compromise.


When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 05:57:41 AM EST
[ Parent ]
When will this be tabled at the EP? We should mark the date.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Wed Jun 11th, 2008 at 07:21:29 AM EST
[ Parent ]
Still looking for it, but I am less than happy with the Lib Dems' position on this

Liberal democrat Members of the European Parliament - NewsGovernment must now reign in labour MEPs on working time and temporary agencies

Years of wrangling amoung EU Member States over draft EU rules on Working Time and Temporary Agency Workers came to an end early this morning after Employment Ministers met in Luxembourg to hammer out an agreement.

Liberal Democrat European Employment and Social Affairs spokesperson Liz Lynne MEP has welcomed the retention of the UKs opt out of the Working Time Directive, but warned today that both directives could face a rough ride when they return to the European Parliament.

...

"The retention of the UK's opt out with more stringent conditions on its use is vital, anyone whose work does not have a direct consequence on life and death decisions should have a free choice as to what hours they work, so long as this is truly voluntary.

We met Liz Lynne in Brussels in November and I was rather unimpressed with her grasp of the unequal bargaining power (and information) of employers and employees regarding "truly voluntary" opt outs. I came out with the impression that she's squarely on the right wing of the party, and that therefore having her as "employment and social affairs spokesperson" is not a very good thing.

Oh, and it's rein in, not reign in.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 07:30:27 AM EST
[ Parent ]
I'm trying to find an article I read yesterday that discussed (from the business perspective) how the UK's view on flexible working is going to be complicated by the WTD as it currently stands. Ah here it is

Flexible working law could be thrown into disarray if the Working Time Directive goes through the European Council in its current state on Monday, according to an expert.

The right to request flexible working could be extended to every employee under a new provision in the EU directive concerning the reconciliation of working family life.

Just last month, the UK government extended the right to request to parents of children aged 16 and under, following a review commissioned by the government.

But David Yeandle, deputy director of employment research at manufacturers' body the EEF, warned that the EU directive in its current state could supersede this.

He told Personnel Today: "There is a new provision coming into the EU Working Time Directive, which was hardly there before, to do with the reconciliation of working family life. Effectively, it could be read as extending the right to request to everybody, and making it more difficult for employers to be able to reject the request purely on the basis of business reasons."

I also do not agree with the UK having the opt out, for reasons you put forward, that so many employees do not realise that they have the right to stick with the limit on the hours they work. Bullying bosses, witholding information are not going to allow employees their rights. The quote above shows how business thinks that business interestes should come above those of the workforce or individuals.  

TUC press release

People working over 48 hours a week increases to 3.3 million

An extra 180,000 people across the UK are working more than 48 hours a week in 2008, according to a TUC analysis of official statistics released today (Friday 9th June).

The analysis, included in the new TUC report - The Return of the Long Hours Culture - has found that the number of people working long hours has increased at a faster rate over the last year than the decline in excessive working between 1998 and 2006.

In the first quarter of 2008, the total number of people working long hours increased by 0.5 percentage points (180,000 people) to 3.3 million. The sharpest increases in long hours working occurred in the East of England (up 2.1 percentage points) and London (up 2 percentage points). Between 1998 and 2006, the number of people working more than 48 hours was reduced by 3.7 percentage points (707,000) from 3.8 million to 3.1 million.

The TUC report argues that the recent increase in the number of people working long hours is due to the challenging economic climate, which has made employers more reluctant to recruit new staff and instead work existing employees harder.

The analysis also finds that 85 per cent of new long hours workers are male. The TUC believes that this trend, in which senior jobs are increasingly reliant on long hours, could hamper efforts to close the pay gap, as women with childcare responsibilities are likely to be excluded from these roles.

In order to reverse the growth of long hours working, the TUC is calling for a stronger the Working Time Directive (WTD) to protect employers. Since its implementation in 1998, the WTD has helped to reduce excessive long hours, although the UK's opt-out has meant that this progress, in the TUC's view, has been too slow.

Yet if everyone had the same level of rights to flexible working and not to work more than 48 hours, then employers would adapt and it would be easier to root out the unscrupulous ones who break the law and cause losses for the law abiding businesses.

Ad astra per aspera

by In Wales (inwales aaat eurotrib.com) on Wed Jun 11th, 2008 at 08:04:02 AM EST
[ Parent ]
Didn't techno have a soundbite along the lines of "regulation is what makes honest business profitable"?

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 08:31:28 AM EST
[ Parent ]
Don't know, but it's a good one.

Ad astra per aspera
by In Wales (inwales aaat eurotrib.com) on Wed Jun 11th, 2008 at 08:33:40 AM EST
[ Parent ]
Maybe you can find something in the EP's Employment and social affairs news section, or in the Employment and Social Affairs Committee pages.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 07:41:44 AM EST
[ Parent ]
Bah, full of declinists and reformists...

Employment and social affairs (News - Headlines)

MEPs call for new voluntary ethos
Article - Vocational training - 15-05-2008 - 14:10

Berlin, 99-year-old Elli Heinrich voluntarily sorts books at an Oxfam shop
More than 100 million Europeans are currently engaged in voluntary activities. Even if volunteering is done for free, it is a surprisingly significant economic factor in our society - the voluntary sector accounts for between 3-5% of GDP. MEPs want the EU to benefit more from this sector and boost its potential. On 22 April parliament approved a report designed to recognise and support volunteers in all relevant EU programmes and polices. Read more
...
As Europe ages - how can we tackle its demographic decline?
Focus - Social policy - 06-02-2008 - 12:09


*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Wed Jun 11th, 2008 at 08:17:31 AM EST
[ Parent ]
I'm all for voluntary activity by choice but there's a danger in older people being made redundant and not being able to find decent employment again, especially if there is an attitude of "well they can do some volunteering then, so what?".  

Volunteering may be a great way of keeping active and supporting the county's GDP but it won't do anything for an individual's struggle to stay out of poverty.

But that is an aside really - the TUC has long been calling for a Community Day bank holiday to encourage people to become volunteers and to recognise and celebrate the contribution of those who already volunteer.  Since the trade union sector arguably comprises the largest proportion of all volunteers in the UK (in the way of workplace reps etc), it would be great to have better recognition of the importance of volunteering.

Ad astra per aspera

by In Wales (inwales aaat eurotrib.com) on Wed Jun 11th, 2008 at 08:30:19 AM EST
[ Parent ]
I guess DoDo's point is that this 3-5% of GDP coming from volunteering involves no labour costs. If minimum wage were paid for that work, what would be the contribution to GDP?

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 08:34:06 AM EST
[ Parent ]
Ah, I missed that!

Ad astra per aspera
by In Wales (inwales aaat eurotrib.com) on Wed Jun 11th, 2008 at 08:36:35 AM EST
[ Parent ]
This is sooo full of code words...

MEPs call for new voluntary ethos

The report, prepared by Irish Liberal Marian Harkin, is called "The role of volunteering in contributing to economic and social cohesion" and suggests the following:
 
EU members, regional and local authorities and voluntary organisations should be encouraged to develop plans to recognise, value, support, facilitate and encourage volunteering, and to work in partnership to do so. It also urges help to voluntary bodies to access sufficient and sustainable funding, without excessive red tape or bureaucracy, while maintaining controls on public expenditure.
 
Private sector can play a role
 
The report seeks to encourage companies and other private-sector operators, as part of their corporate social responsibility strategy, to financially support initiatives promoting and enhancing volunteering. Finally it recommends that 2011 be declared the European Year of Volunteering.
 
Speaking about her report, Marian Harkin said that "we need to ensure European policies recognise and support volunteers in their valuable work. Furthermore for every €1 organisations spent on supporting volunteers they received an average return worth between €3 and €8". Stressing the wider benefits she said that "there is a strong link between volunteering and active citizenship...involvement in voluntary activities is a tangible expression of participatory democracy".


*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Wed Jun 11th, 2008 at 09:36:12 AM EST
[ Parent ]
involvement in voluntary activities is a tangible expression of participatory democracy".

If you count pointing out the spots where the state has failed to do its job properly, then sure.

- Jake

"Terraforming your own planet to make it uninhabitable hardly counts as epic win." - ThatBritGuy

by JakeS (JangoSierra 'at' gmail 'dot' com) on Thu Jun 12th, 2008 at 05:35:15 AM EST
[ Parent ]
European Tribune - Comments - Council agrees on temp workers' rights and working hours
Belgium, Portugal, Spain, Cyprus, Hungary and Greece demanded stricter safeguards.

Hah! I'm surprised positively.

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.

by DoDo on Wed Jun 11th, 2008 at 07:18:38 AM EST
Especially by Belgium and Greece. Other countries with nominally "left" governments such as Austria, Slovakia, Bulgaria or Lithuania are conspicuously absent, no to speak of the British Labour party leading the "liberal reformist" camp.

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 07:21:43 AM EST
[ Parent ]
And France, presumptive leader of the minimum social standards-championing camp, is also absent this time...

*Traitor*, n.
A benighted individual who perceives an illusory distinction between serving his nation and abetting the criminals who govern it.
by DoDo on Wed Jun 11th, 2008 at 08:27:54 AM EST
[ Parent ]
Presumably it's Sarkozy that made the agreement possible by qualified majority voting, then?

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes
by Migeru (migeru at eurotrib dot com) on Wed Jun 11th, 2008 at 08:30:06 AM EST
[ Parent ]


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