Equality, 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 ETUC has welcomed the compromise between the European Commission, Council and Parliament on the pay transparency directive that should help to deliver equal pay. The ETUC highlights the key elements include a ban on pay secrecy clauses and the right for women workers and their unions to request transparent information on pay; gender-neutral job evaluation schemes, designed with the involvement of trade unions; and trade unions’ rights to collectively bargain to tackle pay discrimination and the undervaluation of work done by women. The ETUC believes that the measures will help to ensure

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

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

A new research briefing from the European Trade Union Institute (ETUI) shows not only that performance-related pay (PRP) is becoming increasingly prevalent across the EU but that it contributes to pay inequalities between men and women. Men are more likely to get PRP, and in higher amounts, because it tends to be available in larger firms, at the higher end of the wage distribution, for full-time rather than part-time work, and in certain sectors and occupations. The ETUI argues that the current EU equal pay legal framework and proposed Directive on pay transparency, may only be of limited

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

In its continuing campaign to underline the importance of implementing a strong and effective directive on minimum wages, the ETUC has release figures showing that the gap in earnings between the richest and poorest Europeans grew in a majority of EU countries over the last decade. The ‘unequal Europe’ report produced by the ETUC and its ETUI research institute shows wage inequality increased in 14 member states between 2010 and 2019, most notably in Hungary, Spain and Belgium. The analysis suggests that trend is the result of a decrease in the share of workers covered by collective bargaining

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

After considerable delay the European Commission published its draft directive on pay transparency which the ETUC welcomed as having many good principles but lacking the real tools to make it work in practice. While the ETUC expects the directive to reduce secrecy on pay, it is concerned that pay audits and action plans will only apply to organisations with over 250 employees. The ETUC is also critical of the fact that the directive allows employers to define which jobs to use in comparisons of equal pay for work of equal value and refers throughout to ‘workers representatives’ instead of

The ETUC is publishing examples of pay inequality from around in Europe in its campaign to put pressure on the European Commission to deliver on its promise of a pay transparency directive. The ETUC’s first examples from the manufacturing sector clearly how women are paid less even when their jobs require the same levels of skill and physical effort as those of men. The ETUC also points out that the Covid crisis has exposed the deep-rooted bias behind wages for professions dominated by women, with carers and cleaners recognised as ‘essential’ despite being amongst the lowest paid. ETUC (EN+FR)

The ETUC has highlighted strike action by 600000 cleaners across Italy as part of its campaign to pressure the European Commission not to delay publishing draft proposals on pay transparency. The cleaners were striking over the failure of the employers in the sector to negotiate a collective agreement, seven years after the last one expired. With women dominating the low-paid cleaning workforce there is a major case to be made for action on pay equality along with proper recognition of their skills and the risks they have been taking during the current pandemic. ETUC (EN)

The ETUC has expressed alarm about the possible delay in publishing a draft directive on pay transparency. It says that the directive will provide important measures in the fight to reduce the gender pay gap. Without such initiatives, the ETUC has calculated it will take an average of 84 years to achieve equal pay across Europe. In some countries the wait could be even longer - with women in Germany and the Czech Republic having to wait until 2021. In France, the pay gap has closed so slowly over the last 10 years - by 0.1 percentage points - that it would take 1000 years to achieve equal pay.

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 Organisation for Economic Co-operation and Development (OECD) is recommending that governments should aim to increase the collective bargaining coverage rate among women in non-standard jobs as a way to close the gender pay gap. The report says that collective bargaining can be effective through targeted raises compensating for the concentration of women in low-paid industries; by establishing gender-neutral occupational classification schemes to correct the undervaluation of female-dominated occupations; measures promoting pay transparency; and gender-neutral evaluation criteria for

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.