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European Employment Law at a CrossroadsThursday 10th January 2008

European labour law agenda: the Green Paper and beyond

Judith Kirton-Darling

European Officer

Unite

Institute of Employment Rights European Employment Law 10th January 2008

Green Paper on Labour Law

• From worker protection to flexicurity– Early 2000s – how to fill the gaps in European labour law? – 2001 failed social dialogue on TAW → failed Council

negotiations– 2003 study on economically dependent workers/Dutch

Presidency 2004

• Green Paper on labour law– Originally due in May 2006 but delayed to November

• Employers protest at suggestion of new worker protection measures• Expanded in scope (TAW/WTD/posting)

– Change in tone of the analysis: flexibility without security

Institute of Employment Rights European Employment Law 10th January 2008

Green Paper focus

Flexibility SecurityExternal numerical: i.e. lay-offs, greater use of fixed-term and agency work

Job: i.e. employment protection legislation, dismissal protection

Internal numerical: i.e. adjustment within a firm – through working time arrangements

Employment: i.e. ensuring employment opportunities – through training/education

Functional: i.e. training, multi-tasking, job rotation

Income: i.e. adequate and stable levels of income

Financial: i.e. (firm or worker) performance related pay

Combination: i.e. ability of worker to combine job and other commitments

Modernise = Casualise?• Basic assumption of Commission’s analysis:

– role of labour law is not worker protection but enhancing job creation and competitiveness

• Analysis: 1. Protect the worker not the job: globalised market needs more

‘adaptable’ and ‘flexible’ individual workers. Focus on ‘transitions’ and training

2. Insiders vs. outsiders: A reduction in employment protection legislation and the introduction of different ‘flexible’ contracts and working conditions is necessary to attain employment growth and labour market inclusion of excluded groups

• Totally ignored:– reality on the ground: all workers are increasingly flexible– the role of collective labour law– mass of empirical evidence (e.g. World Bank/OECD)

Institute of Employment Rights European Employment Law 10th January 2008

Results of the Green Paper• October 2007: 5 priority areas for

consideration/cooperation: – The prevention and combating of undeclared work, especially in

cross-border situations; – the promotion, development and implementation of training and

life-long learning to ensure greater employment security over the life cycle;

– the interaction between labour law and social protection rules in support of effective employment transitions and sustainable social protection systems;

– the clarification of the nature of the employment relationship to promote greater understanding and facilitate cooperation across the EU, and;

– the clarification of the rights and obligations of the parties involved in sub-contracting chains, to avoid depriving workers of their ability to make effective use of their rights. 

• No new labour legislation – implementation nationally through flexicurity policy

Institute of Employment Rights European Employment Law 10th January 2008

Flexicurity: plus ça change…

• June 2007 Flexicurity Communication was marginally more balanced than GP, but:– No ‘one size fits all’ approach allowed all to claim

ownership (e.g. UK)– Embarrassment of blocked directives showed no

guarantees on security dimension • Nov/Dec 2007: Council and EP prepare more

balanced positions– Stress on negotiated solutions and trust

• December 2007: Employment guidelines ignore ‘flexicurity’ principles– National action plans due in forthcoming months

Institute of Employment Rights European Employment Law 10th January 2008