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BackThe European Commission is always full of surprises, an ability, which it has impressively demonstrated - unfortunately not in a positive sense - with its Communication “REFIT - Fit for growth”, which appears to be rather insignificant at first glance, only to reveal unforeseen cuts for employees at closer look. For example, the EU Commission does not want to “set in law” the agreement negotiated with EU social partners, which would have improved health and safety issues for hairdressers! This is a first at European level and evoked harsh reactions by the European Trade Union Confederation (ETUC).
“REFIT - Fit for growth”: examples for streamlining, simplification and cost cutting adjustment of EU law
Last week, EU Commission President Barroso proudly presented a package of measures, whose objective it is to undertake targeted efforts to “simplify legal provisions and to reduce the regulatory burden“. In practice, this means that the EU Commission intends to scrutinize each policy area to establish, which legal provisions it will simplify and which proposals it will revoke, where it wants to reduce the burden for businesses and make the application of law easier. One example for the cost cutting adjustment by the EU Commission is of a particular explosive nature: after long negotiations, EU social partners have reached Europe-wide agreement, which would have improved health and safety issues for hairdressers. They presented the result to the EU Commission, which would have normally embedded the agreement in a legal text, which then only needed to be adopted by Council and Parliament. Even though, according to the EU Treaty, the Commission is not obliged to follow the agreement of the EU social partners, this has never happened before! But there is always a first time! However, this first time is taking place at a stage when the EU Commission wants to regain the trust of the citizens and constantly refers to the necessity of a social dimension of the Economic and Monetary Union. A real slap in the fact of employees, or, as expressed by the European Trade Union Confederation (ETUC), an attack on the rights of employees! The excuse why the agreement will not be presented was apparently that the reasonableness and the EU added value of this agreement had to be thoroughly assessed. Another reason provided was that in 2012 small and medium-sized enterprises had pointed out that legal provisions in this sector are particular burdensome and cost-intensive. This shows how easy it is to get rid of a provision, which was actually endorsed by all sides and if one is lucky enough to find an obedient vicarious agent such as the EU Commission. The icing on the cake is that it is of course being emphasized that the social partners will be consulted every step of the way as to what happens next – the expression “lost for words” comes to mind!
Evaluation of the Directive on temporary agency work, part-time work and fixed-term work
However, the EU Commission does not leave it at not implementing an agreement made by the EU social partners; it also has a go at three Directives in order evaluate them - all of them are based on social partner agreements. Should this result in the EU Commission deciding that the Directive on temporary agency work, part-time work and fixed-term work should be revised, one has to fear that this will not entail improvements for employees. Given the current majorities in European Parliament and Council, great support for the interest of employees is unlikely. According to REFIT plans, changes are also on the cards concerning information and hearings of employees. In addition, all provisions concerning legal migration will be reviewed and legal provisions on equal treatment in the area of social security will also be revalued.
The ball is in the corner of Europeans Parliament and Council
The EU Commission would like the European Parliament and Council to quickly follow the proposed measures on “Legal simplification and reduction of compliance costs”. One can only hope that Parliament and Member States will take a very close look at the measures on which the Commission has declared open season and will not just wave them through. In any case, the Chamber of Labour will continue its efforts that the rights of employees will not deteriorate but improve - also at European level.
Further Information:
Communication of the EU Commission “REFIT— Fit for growth”
Last week, EU Commission President Barroso proudly presented a package of measures, whose objective it is to undertake targeted efforts to “simplify legal provisions and to reduce the regulatory burden“. In practice, this means that the EU Commission intends to scrutinize each policy area to establish, which legal provisions it will simplify and which proposals it will revoke, where it wants to reduce the burden for businesses and make the application of law easier. One example for the cost cutting adjustment by the EU Commission is of a particular explosive nature: after long negotiations, EU social partners have reached Europe-wide agreement, which would have improved health and safety issues for hairdressers. They presented the result to the EU Commission, which would have normally embedded the agreement in a legal text, which then only needed to be adopted by Council and Parliament. Even though, according to the EU Treaty, the Commission is not obliged to follow the agreement of the EU social partners, this has never happened before! But there is always a first time! However, this first time is taking place at a stage when the EU Commission wants to regain the trust of the citizens and constantly refers to the necessity of a social dimension of the Economic and Monetary Union. A real slap in the fact of employees, or, as expressed by the European Trade Union Confederation (ETUC), an attack on the rights of employees! The excuse why the agreement will not be presented was apparently that the reasonableness and the EU added value of this agreement had to be thoroughly assessed. Another reason provided was that in 2012 small and medium-sized enterprises had pointed out that legal provisions in this sector are particular burdensome and cost-intensive. This shows how easy it is to get rid of a provision, which was actually endorsed by all sides and if one is lucky enough to find an obedient vicarious agent such as the EU Commission. The icing on the cake is that it is of course being emphasized that the social partners will be consulted every step of the way as to what happens next – the expression “lost for words” comes to mind!
Evaluation of the Directive on temporary agency work, part-time work and fixed-term work
However, the EU Commission does not leave it at not implementing an agreement made by the EU social partners; it also has a go at three Directives in order evaluate them - all of them are based on social partner agreements. Should this result in the EU Commission deciding that the Directive on temporary agency work, part-time work and fixed-term work should be revised, one has to fear that this will not entail improvements for employees. Given the current majorities in European Parliament and Council, great support for the interest of employees is unlikely. According to REFIT plans, changes are also on the cards concerning information and hearings of employees. In addition, all provisions concerning legal migration will be reviewed and legal provisions on equal treatment in the area of social security will also be revalued.
The ball is in the corner of Europeans Parliament and Council
The EU Commission would like the European Parliament and Council to quickly follow the proposed measures on “Legal simplification and reduction of compliance costs”. One can only hope that Parliament and Member States will take a very close look at the measures on which the Commission has declared open season and will not just wave them through. In any case, the Chamber of Labour will continue its efforts that the rights of employees will not deteriorate but improve - also at European level.
Further Information:
Communication of the EU Commission “REFIT— Fit for growth”