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what's cooking
Directive on fixed term contract and temporary employees
Talks started in March between the Etuc and Unice, the employers federation. It is expected to be concluded before the end of the year. The Etuc want the talks to cover maximum lengths of time for contracts, limits for their extension and equal conditions with permanent employees. Talks are estimated to last five months.
European works council directive
The UK government's consultation process will start this year. It has to be on the statute books by December 1999. Between 100-200 UK-based firms are already covered by the directive (according to DTI and TUC figures) because it applies to companies that operate across state boundaries, and the other states in question have legislated for Ewc's. It is expected that the number of companies affected will double when the directive applies to Britain. Companies that will be affected by the directive for the first time (not those already operating works councils in the UK) have the option of establishing agreements on transnational information and consultation before the measure is implemented and they will then not need to comply with the detailed provisions of the directive.
The first stage of bringing this directive to the UK was completed in March. There is no date as yet for its implementation in the UK, but governments usually have two years to transpose EU legislation into national law. The law in England has to be changed so that the burden of proof in sex discrimination cases falls on the employer rather than the employee.
The Working Time Directive
Workers in this sector were excluded from the working time directive. Now talks between shipping employers and unions have resulted in an accord signed in December 1997. Approximately 128,000 workers from the EU are employed in this sector with a further 26,000 non-EU workers. The agreement covers maximum working hours and rest periods. No date has been given for its implementation but the European Review will keep you posted.
The posting directive
Years of campaigning and lobbying by construction industry unions led to this directive which guarantees equal treatment for workers and compliance with national collective agreements and labour laws. This ensure that building gangs in Europe will not have worse terms and conditions as guest workers than local workers. The directive has to be on the UK's statute books by 16 December 1999.
Part-time work
The first stage of bringing this directive to the UK was completed in March. Two years is the usual time allowed for incorporation into national law.
European Company Statute
Still a twinkle in the Commission's eye, but the DTI is favourable to legislation to establish a new corporate entity which could be adopted by businesses throughout the EU. As the UK holds the European presidency, this could speed up progress. The idea for an ECS dates from 1970; after 1989, the consultation of employees element was siphoned off and made the subject of its own directive; a fresh consultation was launched in 1990, then the Commission set up a task force to look at it in detail (headed by Etienne Davignon); in June '97 the council of ministers couldn't agree on a text; and it is now expected to go back to the ministers later this year.
Directive on consultation
The employers federation are having none of it. See page 2.
Vreding directive
This is dead. It has effectively been overtaken by the works council directive.
Parental leave and leave for family reasons
The Commission have withdrawn this proposal too because it has effectively been replaced by the parental leave directive, coming to this country soon. How many other mouldy old proposals do they have at the back of the cupboard?
Employment relations and competition
Proposed by the Commission in 1990, it was withdrawn along with the two above in February this year. Part of a series of proposals on 'a-typical' workers, its provisions concerning part-timers are in the framework agreement on part-time work adopted last year, while those concerning fixed-term workers are currently under discussion (see top of page).
Burden of proof in equal pay & equal treatment
This is the last one, and it was replaced by the burden of proof directive (see above).
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