This equipment was donated by Thompsons solicitors

1. This equipment was donated by Thompsons solicitors European Employment Law at a Crossroads Thursday 10th January 2008

2. European labour law agenda: the Green Paper and beyond Judith Kirton-Darling European Officer Unite Institute of Employment Rights European Employment Law 10th January 2008

3. Green Paper on Labour Law • From worker protection to flexicurity • Early 2000s – how to fill the gaps in European labour law? • 2001 failed social dialogue on TAW → failed Council negotiations • 2003 study on economically dependent workers/Dutch Presidency 2004 • Green Paper on labour law • Originally due in May 2006 but delayed to November • Employers protest at suggestion of new worker protection measures • Expanded in scope (TAW/WTD/posting) • Change in tone of the analysis: flexibility without security Institute of Employment Rights European Employment Law 10th January 2008

4. Green Paper focus

5. Modernise = Casualise? • Basic assumption of Commission’s analysis: • role of labour law is not worker protection but enhancing job creation and competitiveness • Analysis: • Protect the worker not the job: globalised market needs more ‘adaptable’ and ‘flexible’ individual workers. Focus on ‘transitions’ and training • Insiders vs. outsiders: A reduction in employment protection legislation and the introduction of different ‘flexible’ contracts and working conditions is necessary to attain employment growth and labour market inclusion of excluded groups • Totally ignored: • reality on the ground: all workers are increasingly flexible • the role of collective labour law • mass of empirical evidence (e.g. World Bank/OECD) Institute of Employment Rights European Employment Law 10th January 2008

6. Results of the Green Paper • October 2007: 5 priority areas for consideration/cooperation:  • The prevention and combating of undeclared work, especially in cross-border situations; • the promotion, development and implementation of training and life-long learning to ensure greater employment security over the life cycle; • the interaction between labour law and social protection rules in support of effective employment transitions and sustainable social protection systems; • the clarification of the nature of the employment relationship to promote greater understanding and facilitate cooperation across the EU, and; • the clarification of the rights and obligations of the parties involved in sub-contracting chains, to avoid depriving workers of their ability to make effective use of their rights.  • No new labour legislation – implementation nationally through flexicurity policy Institute of Employment Rights European Employment Law 10th January 2008

7. Flexicurity: plus ça change… • June 2007 Flexicurity Communication was marginally more balanced than GP, but: • No ‘one size fits all’ approach allowed all to claim ownership (e.g. UK) • Embarrassment of blocked directives showed no guarantees on security dimension • Nov/Dec 2007: Council and EP prepare more balanced positions • Stress on negotiated solutions and trust • December 2007: Employment guidelines ignore ‘flexicurity’ principles • National action plans due in forthcoming months Institute of Employment Rights European Employment Law 10th January 2008