Strike, Social Dialogue, 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 regularly carries out surveys of cross-sector and sector European trade union employer organisations to confirm their representativeness for the European social dialogue. Its latest report on the cross-sector level provides an overview of the ETUC in the European Union where it has 74 affiliated organisations in all EU27 countries, of which 62 are recognised as representative at national level. The 74 ETUC members represent some 37 million trade union members, that is, approximately 22% of all employees in the EU27 and about 80% of all trade union members. The

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

EPSU and HOSPEEM, the European Hospital and Healthcare Employers’ Association, have negotiated a new Framework of Actions on Recruitment and Retention. It includes aspects relating to COVID-19, work-life balance, digitalisation and health and safety. It also stresses social partners’ commitment to strengthen the attractiveness of the sector and to support a rights-based approach to recruiting migrant workers. The framework refers to existing initiatives for retention, e.g., an active ageing policy and EPSU and HOSPEEM emphasise that social partners must be involved in workforce planning

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

The European Commission’s annual review of Employment and Social Developments in Europe outlines some of the key effects of the pandemic on jobs, employment conditions and social dialogue. It identified uneven regional impacts with the more resilient regions sharing characteristics such as high regional productivity, high level of skilled population levels, big investment in research and development, quality local public institutions and solid digital infrastructure. The impact on national social dialogue and collective bargaining varied with countries with strong social dialogue institutions

The Eurofound research agency has published a review on industrial relations developments across Europe in the period 2015-2019. It notes concerns in some sectors that social partner requests for implementation of their agreements through European legislation have been rejected, and that better links between EU and national levels are needed. It also argues that investing in social dialogue in ‘good times’ helps to ensure that it can be depended on in times of crisis. A review of first policy responses to the COVID-19 pandemic shows that social partner involvement was generally more robust in

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 ETUC has published a first COVID-19 Watch briefing on social dialogue across Europe. Covering 20 countries, the briefing indicates that in most countries trade unions have been involved in various degrees in consultation and negotiation over emergency measures. This includes Spain and Italy, two of the countries worst hit by the pandemic. In France, the situation is more mixed with some limitation on trade union involvement in discussing key measures. More worrying have been the developments in Croatia, Hungary and Poland. While the Croatian withdrew plans to limit trade union and

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

A working paper from the European Trade Union Institute, written by former European Commission official Jean-Paul Tricart, puts the spotlight on the way that the current Commission has followed its predecessor in moving away from a 20-year approach in support of social dialogue. While launching a process aimed ostensibly at the strengthening the social dialogue, the report argues that the current Commission has chosen "at will those outcomes of social dialogue that it would promote and those that it would not, and even those that it would go all out to discourage, lampoon or oppose." This

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