Union Rights, Poland, Europe

Labour movement lobbying helped secure a platform work directive that should provide new rights for millions of workers across Europe. The ETUC and EPSU welcomed the outcome of lengthy negotiations and in particular the inclusion of the presumption of employment in the legislation. This means that Instead of individuals going through lengthy court action to prove they are workers, it will be up to the platforms to prove they are not employees. The directive also recognises the role of trade unions in all aspects of the platform economy, including on issues such as algorithm management. Workers

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

Millions of workers across Europe could benefit from new rights, says the ETUC, if the latest version of the platform directive is backed by member state governments. The text is still being negotiated by the European Parliament, Council and Commission but could deliver important improvements, including a reversal of the burden of proof so that platforms would have to prove that there is no employment relationship. It also will require inspections in the workplace following any reclassification of a worker to assess the situation of their co-workers; transparency over the algorithms that set

Factsheets on the right to strike in public services in 48 countries are available on the EPSU website, with most updated during 2021. The initiative began in 2019 with the European Trade Union Institute (ETUI) coordinating the research and writing of 35 factsheets, all of which have now been updated. EPSU has separately commissioned a further 13 factsheets on countries outside the ETUI’s remit. Each factsheet sets out the main rules on who has the right to call a strike; the definition of a strike; who may participate in a strike; procedural requirements and the legal consequences of

EPSU, along with the trade union federations representing police and military personnel – EuroCOP and EUROMIL, is organising a conference on trade union rights in Skopje in North Macedonia on 22 September. The conference is the final event of a two-year, European Commission funded project that has been investigating the challenges facing public service unions in defending and strengthening their rights to organise, negotiate and take collective action. The conference will include speakers from the ETUC, Council of Europe and European Commission and the presentation of research carried out

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 latest edition of the ETUCLEX newsletter has just been published with news on labour reforms in Spain and a key legal case about trade union representation on company supervisory boards among others. ETUCLEX is the human rights, legal and strategic litigation network of the European Trade Union Confederation and its affiliates and last year established a website and database that provides information on legal developments at European and national level. By signing up affiliates can benefit from and contribute to the early identification of and communication on important pending cases

On 14-15 September the first regional seminar of a two-year project on trade union rights took place with participants from across the Mediterranean region. The project is being run jointly by EPSU and the European federations representing police (EuroCOP) and military personnel (EUROMIL). There were contributions from experts from the ETUC and International Labour Organisation and an exchange on the Transparent and Predictable Working Conditions Directive which includes an article providing member states with the possibility of excluding a large group of public service workers from its

The 2019 Transparent and Predictable Working Conditions Directive introduces a range of new or enhanced rights for millions of workers across Europe. Member States have until August 2022 to transpose the Directive into national legislation and the European Commission has just published its expert group report. This is not binding but covers the points raised in the group by representatives of national governments and other experts. The main issue for EPSU is the provision that gives member states the possibility to exclude certain public service workers from Chapter III of the directive which

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

On 25-26 May EPSU, along with the European trade union federations for police (EuroCOP) and military personnel (EUROMIL), organised a conference to launch a new project on trade union rights. The project will explore the extent to which public service trade unions face limitations or bans on their rights to organise, negotiate and take industrial action. The project will also focus on transposition of the Transparent and Predictable Working Conditions Directive which includes an article allowing governments to exclude certain groups of public service workers from parts of the directive. Over

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

EPSU has sent a letter to the prime minister protesting against the introduction of the so-called Shield Two law that allows for regulations to be passed to cut the jobs and pay and conditions of civil servants and other workers in public administration. Poland has not declared a state of emergency and yet the legislation was rushed through without the normal parliamentary procedure nor consultation with trade unions. Furthermore, parts of the Labour Code and legislation on collective redundancies will not apply if the regulations are implemented.

The latest report on global trade union rights from the International Trade Union Confederation (ITUC) reveals a deterioration of workers’ rights across the world. The greatest increase in cases where workers were denied the right to establish or join a trade union was experienced in Europe where 50% of countries now exclude groups of workers, up from 20% in 2018. The report also highlights the fact that “Europe, traditionally the mainstay of collective bargaining rights, saw companies in Estonia, the Netherlands, Norway and Spain seek to undermine or circumvent workers’ rights.”