Social Services, 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 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

Over the first six months of the years many of EPSU’s affiliates in health and social care have been active in negotiating, mobilising and taking action to secure improvements in pay and conditions for their members. With understaffing a major challenge across Europe, trade unions are fighting for the better, hours and other conditions that will help to retain staff and recruit more workers to these essential services. So far affiliates in 15 countries have been involved in protests, strikes and negotiations, with at least 16 new sector agreements delivering new pay and benefits for workers.

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 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

A new report by the Eurofound research organisation examines the long-term care sector and the challenges of low pay and difficult working conditions faced by workers, 80% of whom are women. The report indicates that there is good collective bargaining coverage in some countries, but this is often mainly in the public sector with low coverage in the private, for-profit sector and particularly low coverage of home care staff. Low pay, relative to other sectors, even impacts on the more skilled and senior staff and the widespread use of part-time work – double that of other sectors – also means

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

On 29 April EPSU signed a landmark agreement with the French-based Korian social care multinational to set up a European works council (EWC). The agreement comes two years after EPSU took the initiative to bring together affiliates that organise in the company to form a network with a view to establishing an EWC. EPSU believes this is an important step in improving information and consultation in the company and sets the standard for other multinationals in the fast-growing social care sector.

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