Staffing levels, Strike, Europe

The ETUCLEX newsletter, produced by the ETUC’s legal team, provides a regular update on key legal developments across Europe and in the latest issue includes reports on the right to strike. In a long-running case involving the right to strike of civil servants in Germany, the European Court of Human Rights recently ruled that disciplinary action taken against teachers who took industrial action in 2009 and 2010 did not involve a breach of their human right to freedom of association. The Court found that the particular circumstances of civil servants in Germany in relation to their pay and

The Eurofound research agency has published a policy brief which underlines the need to tackle poor job quality among a range of essential occupations, including in the health and care, food systems, cleaning and refuse, transport and protective services sectors, along with manual workers in general. The report argues that these workers’ health and well-being were at risk during the COVID-19 pandemic and continue to be post-pandemic contributing to the labour shortages that persist in these sectors. The policy brief says that critical occupations facing staff shortages, such as jobs in health

The European Confederation of Trade Unions (ETUC) is calling on employers to offer better-paid jobs to end damaging labour shortages across Europe. An analysis of job vacancy rates and wages in 22 EU countries by the European Trade Union Institute (ETUI) reveals that industries with the worst labour shortages pay 9% less on average than sectors where it’s easier to recruit. The ETUC argues that lack of skills is often seen as the main problem, but the new analysis suggests that low pay is one of the main drivers of labour shortages. The ETUI research found that across the EU, the industries

The ETUC is calling on its member organisations to press their national governments to provide feedback to the Swedish Presidency on the proposed Single Market Emergency Instrument (SMEI) by 20 January. The ETUC argues that the SMEI must respect fundamental trade union rights and the autonomy of the social partners and that strike action must never be considered as a crisis or be restricted by emergency measures whether under the SMEI or otherwise. Affiliates are urged to get their national governments to push for stronger safeguards for social, workers’ and trade union rights to be included

The debate over a shorter working week continues next month with a hybrid conference on 20-21 October – “A 4-day week in Europe: how to get real working time reduction”. Organised by the European Network for the Fair Sharing of Working Time, the conference will cover practical examples of working time reduction in both public and private sectors, including the major move to a shorter working week in Iceland. There will also be contributions from trade unionists from Switzerland and France. Another conference supported by the European Trade Union Institute will focus on the impact of labour

Members of the SUEPO trade union at the European Patent Office (EPO) have voted for industrial action, including a “work to rule”, “go slow” and a strike on 22 March. The union is calling for the restoration of fundamental rights at the EPO and the suspension or reversal of major reforms that have been detrimental to working conditions and wellbeing of staff. There have been longstanding problems with asserting trade union rights at the EPO with a former director intervening in the trade union’s internal affairs and blocking the right to strike. The International Labour Organisation has ruled

The Eurofound research agency has published an analysis of collective labour disputes. It found that collective bargaining was the context for over a third of disputes, with grievances over company-level policies making up another quarter and grievances over public policy accounting for a further 18%. More specifically, problems over pay accounted for over 40% of disputes, employment problems for 20%, other aspects of working conditions for 16%. In a period when the pandemic raised serious problems in terms of safety and staffing it wasn’t surprising that health and social care was among the

Forty-eight countries are now covered in EPSU’s library of factsheets on the right to strike. Information on Kazakhstan, Kyrgyzstan, Switzerland, Tajikistan and Uzbekistan was recently added to the EPSU website. Each factsheet sets out the main legal provisions covering strike action, including who can call a strike, procedural requirements and any limitations on the right to take action. There is also a section on international case law. The factsheets were launched jointly with the European Trade Union Institute (ETUI) in 2019 with the ETUI coordinating production of factsheets on 34

A new report from the Eurofound research agency analyses the extent of labour shortages across Europe and some of the measures being taken to address them. One of the main sectors of interest is health and social care and the report highlights the risks posed by such shortages to the viability of high-quality care provision. These were seen as particularly acute in Germany and in the Nordic countries, where shortages of skilled staff have led to long waiting times for patients. They also mean high workloads for professionals, ultimately contributing to higher turnover rates and reducing the

A new study of the impact of the pandemic in social care in eight countries reveals the problems faced by social care workers and the extent to which trade union action has helped to address issues around personal protective equipment (PPE), sick pay, working time and understaffing. There has been a shortage of PPE in all countries, but it was only in Sweden that a trade union had to take legal action for its members' right to use personal protective equipment. Increased overtime was a challenge in all countries but with split shifts being a particular problem in Sweden. The pandemic exposed

EPSU has just published new factsheets on the right to strike in Armenia, Azerbaijan and Georgia taking the total number of countries covered in this series to 41. This follows the addition of factsheets on Moldova, Russia and Ukraine earlier this year. Each factsheet sets out the main legal provisions and highlights any recent cases taken to the International Labour Organisation (ILO) and/or the European Social Committee (ESC) of the Council of Europe. Armenia, Azerbaijan and Georgia have all been the subject of ILO and ESC cases. The ESC has ruled that all three are not in conformity with

The ETUI has published data on strike activity across Europe, including an interactive strike map that provides details on total number of days not worked per 1000 workers. Information on each country also includes the frequency of strikes and total number of workers involved. Detailed information on the right to strike was published earlier this year by EPSU in country factsheets that were coordinated for EPSU by the ETUI.

Earlier this year the Council of Europe published its latest assessments of countries' compliance with its social charter and particularly article 6 on the right to strike. The report reveals that many continue to fail to conform with the requirements of the article and this is often related to significant restrictions on the right to strike particularly affecting public service workers. The latest list of countries not in conformity include: Croatia, Czech Republic, Cyprus, Denmark, Estonia, Germany, Iceland, Malta, Montenegro, Romania, Serbia, Slovakia, Spain and the UK. Further details can

The latest issue of the Journal of International Trade Union Rights features a number of articles examining the extent to which public service workers find their rights restricted in relation to organising, collective bargaining or the right to take collective action. Nadja Salson of EPSU contributed an article highlighting two developments. First, is EPSU's legal action against the European Commission over its failure to put forward the information and consultation agreement in central government to the European Council for transposition into a directive and the second is the loophole in the

With hundreds of thousands of public service workers taking strike action across Europe in recent weeks - in Belgium, France, Italy, Portugal, the UK, Austria and Germany - it is timely that EPSU is publishing factsheets on the right to strike in 35 countries. The factsheets have been produced for EPSU by the European Trade Union Institute. Some groups of public service workers often face bans or restrictions on their right to strike and these factsheets set out the main rules. They also cover international case law and list international standards, such as International Labour Organisation