CESI at the SEISMEC General Assembly in Thessaloniki

The symposium took place in the context of the precarious working conditions encountered at the national level by CESI member organisations, highlighting the interlinks between precarious work, absence of social rights and effective remedies from trade unions’ side.

The event, moderated by Pierre Baussand, Head of the Eurofound Office Brussels and in collaboration with the Professional Trade Union Association (ANIEF), provided an opportunity to allow exchanges of views among affiliates and members of CESI from the other EU Member States, together with external experts.

As such, the discussions took stock of the current situation in different sectors, the applicability of EU and the national legislative frameworks, best enforcement practices, challenges for efficient interest representation and inclusive access to social protection.

The two days programme was divided into two parts: “The extent of precarious work” and “Approaches and solutions to end precarious work”.

September 19: The extent of precarious work

• Findings of CESI’s #noprecariouswork survey
• Main rights deriving from EU legislation against precarious work
• EU case-law on precarious work
• Enforcement of applicable national case law
• Links between employment, social protection and welfare systems

September 20: Approaches and solutions to end precarious work

• Effective interest representation, closing legislative loopholes, the principle of equal treatment and access to social rights and protection
• Tools to fight precarious work and to ensure better enforcement of protective labour law
• Social protection as the overall societal safety net and the cornerstone of the welfare state
• Ways to better enforce social rights at the national level
• The role of information campaigns on precarious work at national level
• Better access to social rights through litigation and campaigns

Three webinars will follow the symposium in Palermo and a follow-up seminar in Germany on these findings.

The objectives of this project are to inform decision-makers and stakeholders about challenges related to precarious work in Europe, to strengthen the voice of trade unions in their fight against precarious work by equipping them with corresponding (legal) information and tools, and to further develop the capacity of trade unions in this field and raise awareness.

Video interview with Romain Wolff, CESI President

Video interview with Marcello Pacifico, CESI Vice President and President of the Professional Trade Union Association (ANIEF, IT)

While it remains unclear which impacts it will have on other British and continental European companies, it becomes obvious that tens of thousands of jobs are in the line of fire.

And it goes without saying that in particular (as always) trade unions, national public authorities and not least public treasury will be called upon to alleviate the consequences on the workers and to avoid major spill-over effects on other companies.

Thomas Cook´s bankruptcy will remain a monumental turning point in the history of tourism. And I think it leaves many of us quite deeply concerned.

***

In New York, Greta Thunberg delivered an intimidating speech at the UN, attacking world leaders in an unforeseen manner: “How dare you? … You have stolen my dreams and my childhood with your empty words… We are at the beginning of mass extinction, but all you can talk about is money and fairy-tales of eternal economic growth! How dare you?”

Watching the speech made me feel uncomfortable.

Maybe it was because I sensed she may be right. Maybe because, belonging to the older generation, I felt directly concerned by her speech as one of “those who dare”. And maybe because I felt guilty.

And yet, there was something else: Her words and face were expressing strong contempt for “those who dare”, as if, beyond all legitimate concerns, she felt fury and hatred.

In my youth, I spent much time in the forest. We created marshes and planted trees. We built birdhouses and toad tunnels. We saved owls and snakes. And we campaigned, above all against the pollution of the Rhine.

Day after day. Year after year.

It is commonly said that every human being can only be judged in the context of the lifetime, in the given reality he/she lived in.

That applies to the “those who dare” generation too.

Greta Thunberg will not remember it, but also in the eighties, it seemed that nothing less was at stake than the survival of the planet: the ozone hole, the dying of forests and rivers, acid rain… The Global 2000 report had set the tone.

Of course, we were angry at the older generation; for its carelessness, consumption-mindedness and self-centeredness.

And yet: I never felt the moral superiority that Greta Thunberg exhibits.

Many things have improved to the better in the last thirty years.

Some of the “those who dare” even claim that “the world, for all its imperfections, is in a much better state than we think”. Let us just mention life expectancy, literacy, health, child mortality, poverty, social and labour protection.

And the water of the Rhine has never been so clean in centuries.

Yes, too much time has been wasted. And maybe, as Greta Thunberg conjures us, it is already too late.

But I am sure that we, “those who dare”, are still willing to give everything to fight climate change. Because Greta Thunberg may be right, when she refuses to believe that we are evil.

And because (which seems to be forgotten in the increasingly robust generational conflict) we love our children too.

***

So this commandment also applies to us trade unions.

Traditional interest representation and defence will have to reflect greener and more sustainable agendas – already now.

That will impact on trade union members, especially those working in CO2 intensive industries and… tourism.

It is not without a certain irony, that a warmer summer has led many Brits to stay home, to fly less, to reduce CO2 emissions.

Ultimately, it led to the demise of Thomas Cook.

We have expressed our deep satisfaction that von der Leyen managed to establish a 13/27 women/men quota. To impose oneself on such a relevant issue is a good start. And as Euractiv put it: “Gender is not the only balance in the EU executive von der Leyen will try to achieve. There is also the balance of political families.” Finally, as von der Leyen stressed herself, the designated Executive Vice-Presidents and Vice-Presidents reflect a geopolitical balance as they represent North and South, East and West of the EU.

On the portfolios, a ‘clustering’ around themes and topics (objectives and priorities) will certainly have been well-reflected, but it always bears a risk of blurring competence and transparency. As different Commissioners will rotate according to the different priorities, friction is likely.

Furthermore, some of the intentions appear to be slightly over-zealous – and possibly paralyzing: for the sake of ‘strengthening the link between the people and the institutions, all members of the Commission will be required to visit every member state in the first half of their mandate. Besides adding (not always necessary, in my humble opinion) hassle to the work, it risks making a travelling circus out of the Commission – while simultaneously proclaiming green and digital agendas. The same goes for the ‘one-in, one-out’ rule to cut red tape: Difficult to imagine how this can be delivered without adding complexity and lengthy political struggles to every single dossier.

It is noteworthy that a very strong focus has been put on ‘European’ values: from the five designated Vice-Presidents, three will be responsible for the ‘European Way of Life’ (Schinas, Greece), ‘Values and Transparency’ (Jourová, Czech Republic) and ‘Democracy and Demography’ (Šuica, Croatia). CESI has always advocated for a strong value-based EU, but placing migration under a new Vice-President post for the defence of the ´European Way of Life´ may not be the most sensitive way of branding it. And credibility suffers if, as in the case of Rovana Plumb, a designated Commissioner has formerly been the object of a criminal investigation request from anti-corruption prosecutors.

The establishment of a new Directorate-General for Defence Industry and Space under the determined Internal Market Commissioner-designate Sylvie Goulard, France, is also remarkable. This must be interpreted as a signal to pursue more protective and subsidised European industrial policies, as France, meanwhile reluctantly backed by Germany, has been suggesting for a while. Potential conflicts with the designated Executive Vice-President Margrete Vestager, Denmark, who shall also remain (fortunately!) Commissioner for Competition, are looming.

At CESI, we very much welcome the designation of Valdis Dombrovskis (Latvia) as Executive Vice-President ´for an ‘Economy that Works for People’ and Nicolas Schmit (Luxemburg) as Commissioner for ‘Jobs’. Both have a longstanding proven record of social conviction and cooperation with trade unions. In addition, their respective mission letters focus on the implementation of the Social Pillar and largely reflect our key demands on the future of the EU, the fight against social dumping, more investment in people, a more transparent and social-economic governance and the fight against precariousness. This gives justified hope that further social progress will be achieved. And we are more than ready to deliver our part.

Link to the European Commission press release

The objective of the meeting is to take stock of the precarious working conditions encountered at the national level by CESI member organisations, highlight the interlinks between precarious work and the absence of social rights – with severe impacts on the concerned workers and societies as a whole, and to discuss and propose effective remedies to provide fair employment conditions and access to social rights for all. The focus will be on the applicability of EU and the national legislative frameworks, best enforcement practices, challenges for efficient interest representation and inclusive access to social protection.

September 19: The extent of precarious work
• Findings of CESI’s #noprecariouswork survey
• Main rights deriving from EU legislation against precarious work
• EU case-law on precarious work
• Enforcement of applicable national case law
• Links between employment, social protection and welfare systems

September 20: Approaches and solutions to end precarious work
• Effective interest representation, closing legislative loopholes, the principle of equal treatment and access to social rights and protection
• Tools to fight precarious work and to ensure better enforcement of protective labor law
• Social protection as the overall societal safety net and the cornerstone of the welfare state
• Ways to better enforce social rights at the national level
• The role of information campaigns on precarious work at national level
• Better access to social rights through litigation and campaigns

The event will be moderated by Pierre Baussand, Head of the Eurofound Office Brussels. More information about the project which this conference is part of is available here.

CESI Youth, the Goethe-Institut, EuroChambers and the European

Economic and Social Committee (EESC) invite you to the

next CESI@noon

‘Apprenticeships in the EU: How to ensure a better transition from education to work?’

Wednesday, November 6 2019, 12:30-14:30
(Snack lunch from 12:00)
European Economic and Social Committee (EESC)
Rue Belliard 99-101 (room JDE 62/6th floor), B-1000 Brussels
The event will be held in English language.

Here the registration form for the event

With a new European Commission about to start its mandate, the political playing field in Europe is changing. However, youth unemployment at 14.3 % in the EU-28 and above 40 % in numerous regions remains a major economic and societal challenge. The legacy of President Juncker to restore youth employment rates to the numbers before the financial crisis has not been fulfilled, while part-time, short-term contracts or precarious jobs are on the rise. More than one out of five youngsters in the EU is struggling with the transition from education to work, without much security and predictability for future work life. What has been done, and more importantly, what needs to be done to address this remaining challenge in a more efficient way in the near future?

The EU response to this trend, coupled with the changing demographics, has resulted in the following measures:

1. Europe 2020 Strategy launched in 2010 focused on young adults and early school leavers.
2. The Youth Employment Package 2012 created the Youth Guarantee Scheme aimed at offering all youngsters under 25 a good-quality offer of employment, an apprenticeship or a traineeship within 4 months of leaving education.
3. The Youth Employment Initiative allocated so far 6 billion Euros for the Youth Guarantee Schemes.
4. The establishment of the New Skills Agenda and in light of the European Pillar of Social Rights, the European Commission launched a proposal for a European Framework for Quality and Effective Apprenticeship in October 2017.
5. The European Commission proposed to launch a pilot ‘Erasmus Pro’ project, part of the Erasmus + scheme, to broaden the possibilities of financing the mobility of apprentices and increase financial resources for apprenticeships.

Despite all these efforts, there has been only a limited take-up of the apprenticeship model. A few bottlenecks have been identified, which might explain the situation: regulatory frameworks, lack of sufficient implementation at the national level, no sufficient financial investment or support for employers to implement the model, investment in career guidance, and awareness-raising campaigns for all stakeholders.

CESI Youth and the Goethe-Institut with its StartNet project are hosting this CESI@noon event on Apprenticeships to bring more visibility to the factors presented above and to look for concrete avenues to better support the take-up of apprenticeship schemes for young people’s transition to work across the EU. With the help of educational partners but also stakeholders from the national level and employers, we aim to better explore how to ensure more opportunities for apprenticeships under this mandate of the European Parliament and Commission, building on the New Skills Agenda and the European Pillar of Social Rights.

Welcome speech

Tatjana Babrauskienė, European Economic and Social Committee
Klaus Heeger, Secretary General of CESI

Keynote
Norbert Schöbel, European Commission – Skills for the Young

Panel Discussion

Matthäus Fandrejewski, CESI Youth Representative

Jan Wilker, StartNet / Goethe-Institut

Paolo Nardi, Cometa Formazione, Italy

Ben Butters, Deputy CEO of EUROCHAMBRES

Concluding remarks

Matthäus Fandrejewski, CESI Youth Representative

Secondly, the first plenary session in Strasbourg gave a quite clear distinct image of what we can expect in the coming years and months. Not to stand up for the European anthem is one thing, turning your back on it is another. Whatever the reasons for the Brexit vote -no comment on that-, turning one’s back to the performers of the anthem is also a punch in the face of the 48.1% of British voters who voted ‘Remain’.

Thirdly, and as stated in a previous editorial, the heads of states and government totally ignored the ‘Spitzenkandidaten’-formula – hence also the European Parliament’s preferences. Regardless of the question if Ms von der Leyen is qualified for the job, parachuting a candidate in such manner is undermining phrases which had called for more transparency and democracy at EU level. If this had happened in countries on our “democratic blacklist”, we would easily have called it “deception of voters” (punishable by law in not few states). It will unfortunately validate the myth that the big decision in Brussels are really taken via unaccountable back-room deals. And as an ultimate paradox, citizens will end up blaming “the EU” for it.

However, the desperate search for a compromise was definitely more than just a cheap horse trading performance and shady backroom-deal. The cacophony of so many levels, parties, governments and institutions trying to find an agreement remains unique in times and styles dictated by Trump, Salvini, Duterte and friends. Of course, Germany and France are running the show; yet it may be their last time. The resistance to their predominance will continue to increase – and will have impacts on further nominations in the future, possibly even to the detriment of Manfred Weber who was promised the second half-term of the European Parliament Presidency.

Finally, the classic political duopoly of EPP and S&D has passed its zenith. In our digital and social media age, the tendency to bypass “intermediary bodies” will be the decisive challenges for democracy, representation and governance; and also for our traditional concepts of social cohesion as upheld by civil society, social partners and trade unions. For better or for worse.

***

This happened to be the broader context of our SUMMER DAYS: As especially platform work is expected to be increasingly decoupled from time, place, colleagues, employers, trade unions and other communities, the classical structures and interconnections of the industrial age may be challenged.

In my concluding remarks, I quoted a Dutch Professor, Jan Rothman: “We are going from the centre to the periphery, from the vertical to the horizontal, to a movement no longer from the top to the bottom, but from the bottom to the top.”

As disruptions are the new norm, also trade unions will have to question the traditional interrelations of the industrial age. To defend the interest of our members and our positions as recognised social partners is one thing, but having to adapt to the realities and challenges of new forms of works is another.

In order to remain relevant intermediaries, trade unions must increasingly represent atypical workers. So that disruptions do not have devastating effects on individuals. Re-coupling workers to communities, employers, trade unions will be key – in order to ensure social protection, access to social rights and interest representation.

***

We wish you nice summer days, and we look forward to the second part of 2019 – hopefully with your support and engagement! All workers count.

The Youth Board agreed that the Future of Work can only be designed with the participation of young workers. So far, the EU level has been confronted with high youth unemployment, precarious work conditions and less and less access to quality employment for youngsters in the labor market. The CESI Youth Board expressed its concerns that often young people are not equipped with the right skills to enter and remain in the labor market and that they may be largely affected by precarious work.

There was general consensus among the participants that major trends influencing the future of work (globalisation, technological & demographic changes, demographic ageing) are both an opportunity and a challenge for young workers.

Surprisingly, despite remaining high unemployment rates, roughly 40 % of businesses cannot find workers with the right skills (ManPower 2018 talent report). The recent European Parliament study on ‘Shaping the future of work’ highlighted that more and more young people are falling behind on work opportunities because of the lack of proper experience and right skills. CESI Youth Board members, who came from member organisations in Italy, Hungary, Germany, Poland and Luxembourg, agreed that:

• the current European educational systems do not sufficiently teach and cater the skills needed in the job market and that reforms are needed in this field
• a better recognition of work experiences is needed, including through mentorships, apprenticeships, qualifications recognitions following an internship, a Youth Guarantee employment and VETs.

A study by Roland Berger on the future of work and the impacts of digitalisation in all sectors until 2030 predicts that for instance in Belgium 5 % of the jobs will disappear, but that 18% more jobs will be created. Most of the jobs will be transformed. In this context, Sara Rinaudo from the Italian CONFSAL trade union shared experiences of how to ensure upskilling on the job for trade union members through contract clauses and certifications on the job. By doing this, she explained, CONFSAL ensures that their workers receive the recognition of their skills developed on the job which contributes to quality employment and retention in the job.

A representative from the European Commission’s Skills and Qualifications Unit who attended the meeting, Michael Horgan, engaged in a debate on how ‘skills-ready’ European workers under 35 are in relation to the future of work. In the context of the New European Skills Agenda he argued that re-skilling and up-skilling are needed continuously for long-time learning (LLL) and that in these changing times (when a worker is expected to change his/ her job multiple times in a lifetime) such lifelong learning is a mandatory skill. Digital skills and personal/ social skills are also of particular importance, he said, next to entrepreneurial skills. He referred to a recent report of the European Commission which highlighted that most jobs require basic digital skills and that basic digital skills include being able to communicate via email or social media, to create and edit documents digital documents and to search for information, or to protect personal information online.

The societal changes are very rapid and citizens and workers are more and more challenged to adapt quickly. In this context, CESI Youth Representative Matthäus Fandrejewski highlighted that interest representation is more and more difficult because of trade unionism being built on long-term adhesion to a set of values and to an organisation. The CESI Youth Board agreed that the interests of youth workers at European level could be addressed better by:

• establishing youth organisations;
• meeting young people already in schools and universities and talk about trade union work and workers’ rights; and by
• offering adequate training for lifelong learning.

Picture: Members of the CESI Youth Board in Brussels © CESI 2019

The event included a series of plenary meetings and parallel sessions coordinated by the Directorate General for Employment, Social Affairs and Inclusion of the European Commission, the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the International Labor Organisation (ILO), the European Policy Center (EPC), the European Policy Studies Center (CEPS), CESI and CESI Youth.

“As disruptions are the new norms, also trade unions will have to question the traditional interrelations of the industrial age”, said CESI Secretary-General Klaus Heeger. The event also had a great participation of young workers, which are at the center of the discussion on the future of work.

The importance of a union capable of renewing itself and of intercepting interests and difficulties and of including the prospects of young people stressed was repeatedly.

Given the fact that in particular the work on digital platforms is increasingly disconnected from time, place, colleagues, employees, trade unions and other communities, the classical structures and the interconnections of the industrial age and industrial relations will have to be stress tested. Reflection groups, trade unions, employers, platforms, civil societies and not least the young representatives discussed how to face the future of work by analysing the challenges and formulating proposals to ensure legal clarity, social protection and interest representation in the next future.

The issues addressed? Many – and all central to the future of work: Does the traditional dichotomy of employer/self-employed or employer/employee still apply to the conceptualisation of future forms of work? How useful is the definition of the term ‘worker’ in framing tripartite relations? Which new concepts and legal frameworks are needed to conceptualise new forms of work? Are traditional social protection schemes still adequate to ensure coverage of social security in the platform economy? Will traditional social partners remain the main institutions and will social dialogue and collective bargaining remain the main tools for guaranteeing interest representation for workers? How can the representation of interests, regardless of the actors, remain effective?

CESI Secretary-General Klaus Heeger stressed: “In order to remain relevant intermediaries, trade unions must also become the representative of workers in atypical forms of work. They may become the typical ones in the future. ‘Re-coupling’ workers will be key in order to ensure social protection, access to social rights and efficient interest representation.”

The event highlighted the importance of trade unions capable of facing change through a true dialogue which includes workers, researchers, experts, different social partners, institutions and the youth audience.

CESI President Romain Wolff spoke of the new forms of work in the context of the importance of including young people. “We have addressed the issue of the future of work and new forms of work. When we talk about this we absolutely have to include young people and it is important for the union to face change and readjust to what the new forms of work are. Trade unions need to face and address questions which will help workers find their traditional raison d’être in society and the economy.”

Two days of intense work at the Summer Days included the attention of CESI to the themes of work and of the worker, which must be brought back to the center of political discussions. Surely it will be necessary to work for a more dignifying and satisfactory social protection for all workers in any type of work. It is also important not to demonise flexibility per se, but instead, to fight for new and greater forms of protection within this new framework, CESI took away as a take-home message.

Video interviews on CESI’s YouTube Channel

Photos

SUMMER DAYS full programme

By means of the manifesto, CESI intends to contribute to the discussion relating to the reputation of the teaching profession with a view to creating widespread support within society for education and educational professionals as important agents of social change.

According to the manifesto, a minimum level of harmonisation in education policies in Europe has become unavoidable, and support for teachers should be stepped up in terms of improved working conditions, salaries or academic minima.

Moreover, an adequate promotion of the values promoted by the European Union through duly-recognised professionals is considered an indispensable condition for the viability of a space for tolerance and freedom in Europe as well as an effective lever against violence, social forfeiture and individualism to the detriment of solidarity.

In this context, the member trade unions of CESI reaffirm in the manifesto the utility of teacher trade unions as competent interlocutors and as the legitimate representatives of education professionals, understanding them as underscoring the crucial importance of upgrading the profession. The manifesto finally calls for a re-examination of the place of the teaching profession in our present-day European society with the aim of enhancing its popularity.

The full manifestos are available in EN, FR, DE, ES, IT.

Further information on the project ‘Education professionals and trade unions in Europe: Horizon 2025’: CESI Europe Academy website section

UPDATE 2023: NEW Manifesto for the teaching profession in the era of digital education

The seminar was the second regional event on the topic of third-party violence against public employees in the context of a current larger-scale EU-funded project on ‘Trade unions for a zero tolerance towards violence at work: Protecting public sector workers in Europe’ after a first workshop in Berlin on March 29.

According to the 2014 EU-OSHA European Survey of Enterprises on New and Emerging Risks (ESENER 2), 67% of Spanish staff in the education sector and in the social services has been facing a difficult audience in its daily work.

ESENER 2 reports about a 62% rate when it comes to public administration. The objective of the seminar in Madrid was therefore to assess the situation Spain and put light on good initiative and practices to prevent or tackle third-party violence in the country.

Concrete testimonies came from the education, health, prison, local police and railway sector, each delivered by a member organisation or affiliate of CESI. Violence in the private sector, such as in call-centers or in wholesale, was also part of the discussion. Involved speakers and CESI members included: Rosario Delgado Moreno (CSIF, Spain, public sector), Rubén García Bernal (FASGA, Spain, private sector), Alejandro Martínez Treceño (ALE/SEMAF, Spain, train driving sector), Jesús Niño Triviño (ANPE, Spain, education sector), Maria del Mar Rocha Martínez (SATSE, Spain, health sector), Matthäus Fandrejewski (CESI Youth), Isabel Lozano Sevilla (SAE, Spain, health sector), Wouter Prins (CNV Connectief, Netherlands, public sector), Sara Rinaudo (CESI Youth, and Confsal, Italy) as well as Marcella Migliori (CESI General Secretariat), CESI Secretary General Klaus Heeger and CSIF President Miguel Borra Izquierdo.

A common element which was put forward in all testimonies was a sense of loneliness of and support for affected workers both at the time of the aggression and after the episode – which is where trade unions should get a greater role, CESI members established.

All experts agreed that in the last years there has been a rise in violence at work, also attributable to cuts in staff and equipment, with workers being victims twice: first of austerity measures, and second, as a consequence, a higher incidence of violent behaviors against them by third actors because they are not always able to perform their tasks in a proper way. It was also highlighted that many cases of violence (especially verbal violence) are often still not reported.

In his intervention, CESI Secretary General Klaus Heeger noted the particular vulnerability of employees in the public sector to violence and third-party aggression: “Next to rising incidents of violence against public sector workers, there is also an unacceptable trivialisation of violence in our societies. Attacks on policemen, teachers or healthcare personnel is a major offense. Specific legislation should also be in place to make sure that no victim is left behind after experiencing violence.”

CESI’s project will continue with further workshops and symposia coming up on October 25 in Budapest and in France in June 2020, with a view to presenting conclusions and launch an awareness campaign on the subject matter at the EU level.

Picture: CESI Europe Academy conference in Madrid © CESI 2019

As a representative of the Spanish Central Independent and Public Employees’ Trade Union (CSIF), this completes the Presidium of CESI after José Fernández Vidal, also from CSIF, had deceased in December last year.

CESI Secretary General Klaus Heeger welcomed Javier Jordán to the Presidium of CESI: “Javier has been a dedicated trade unionist, convinced of the European cause, and active within CESI in different positions already for many years, including as President of CESI’s Employment and Social Affairs Commission, which he will continue to chair.

I am appreciating very much that he will be taking on a leading role within CESI. We count on his reflections and expertise as an experienced fighter for worker rights.”

Picture: Javier Jordán de Urries Sagarna © CESI 2019

ANFOS (Associazione Nazionale Formatori della Sicurezza sul Lavoro) represents health and safety instructors in Italy. Anfos protects their moral, intellectual and professional interests and carries out any direct and indirect action for the safeguarding and valorisation of training activities in the field of workplace safety.

CESI Secretary General Klaus Heeger said: “I am glad to welcome our new member organisation ANFOS from Italy, now our 4th Italian member organisation. ANFOS’s specific expertise in the field of health and safety at work complements CESI’s expertise and interest in this field. ANFOS can be an asset to also inform further the work of CESI’s trade councils and commissions on topics related to health and safety at work.”

Logo: ANFOS 2019

Together with its Commissions on Employment and Social Affairs, headed by Javier Jordán de Urries Sagarna (CSIF) and Siglinde Hasse (dbb/GdS), and on Women’s Rights and Gender Equality, headed by Kirsten Lühmann (dbb), Carmen Jaffke (CGFP) and Cathy Verschraegen (UNSP), the CESI General Secretariat had consistently raised the merits that the three initiatives can bring for a more social Europe towards decision-makers at the European and national levels.

The new EU directive for work-life balance for parents and carers stipulates in particular:

• a new minimum standard on paternity leave: Fathers or second parents will be able to take at least 10 working days of leave around the time of birth of a child paid at a level equal to that currently set at EU level for maternity leave (in line with article 11 of Council Directive 92/85/EEC). The right to paternity leave will not be subject to a prior service requirement. However, the payment of paternity leave can be subject to a six-month prior service requirement. Member states with more generous parental leave systems will be able to keep their current national arrangements

• a new minimum standard on parental leave: An individual right to 4 months of parental leave, from which 2 months are non-transferable between the parents and are paid. The level of payment and the age limit of the child will be set by member states

• a new minimum standard on a carers’ leave: A new concept at EU level for workers caring for relatives in need of care or support due to serious medical reasons. Carers will be able to take 5 working days per year. Member states may use a different reference period, allocate leave on a case-by-case basis, and may introduce additional conditions for the exercise of this right

• a new minimum standard on flexible working arrangements: The right for parents to request these arrangements has been extended to include working carers.

The new EU directive on more transparent and predictable working conditions will bring, for instance:

• a right to take up a job in parallel with another employer

• a limit of probationary periods to a maximum of 6 months, with longer periods allowed only in case where this is in the interest of the worker or is justified by the nature of the work

• a right to request, after at least six months service with the same employer, employment with more predictable and secure working conditions

• a right to receive training cost-free, when such training is required by Union or national legislation.

The new EU regulation on a new European Labour Authority (ELA) will be tasked, most notably, with:

• improving the access to information for employees and employers on their rights and obligations in cases of cross-border mobility, free movement of services and social security coordination

• supporting coordination between member states in the cross-border enforcement of relevant Union law, including facilitating concerted and joint inspections

• supporting cooperation between member states in tackling undeclared work

• assisting member states authorities in resolving cross-border disputes

• supporting the coordination of social security systems, without prejudice to the competences of the Administrative Commission for the Coordination of Social Security Systems.

CESI appreciates in particular:

• that an advisory Stakeholder Group under the new European Labour Authority will be open also to a number of sectoral social partners.
• that a minimum of 2 out of 4 months of parental leave under the new work-life-balance directive will no longer be allowed to be transferred from fathers to mothers. This will be an effective inducement for fathers to take at least 2 months of parental leave and thus contribute to a more equal sharing of domestic responsibilities between men and women and contribute to more gender equality and a better re-employment for young women-mothers.
• exemptions for public sector workers from the directive on more transparent and predictable working conditions were kept minimal, while no negative implications will effectuate for the particularities of national civil service systems.

Wednesday, 26 June 2019 – Thursday, 27 June

Venue: Bouche à Oreille
Rue Félix Hap 11, Brussels/Etterbeek
Registration: On request by email to [email protected]

#SUMMERDAYSFOW

Moderated by Gianluca Sgueo, European Parliamentary Research Service

WEDNESDAY, 26 JUNE

14.00 Registration and welcome coffee

14.30 Opening of the Summer Days
Romain Wolff, CESI President

14.45 Keynote – Future of Work: Heaven or Hell?
Martin Risak, Professor of European and Comparative Labour Law, University of Vienna, Department of Labour Law and Law of Social Security

15.00 Legal aspects and examples of new forms of work
Birgit Wintermann, Project Manager at Bertelsmann Stiftung

Coffee break

16.30 First round of parallel breakout sessions: Future of work
– Employed vs self-employed: What defines the employee of the future? – facilitated by the Bertelsmann Foundation
– Flexibility both ways: What rights and obligations of workers and employers in Work 4.0? – facilitated by the CESI Secretariat
– Addressing labour market disruptions: New regulation concepts by governments, social partners and trade unions? – facilitated by Eurofound

17.30 Plenary wrap-up: Breakout sessions reports

18.30 Reception and barbecue

THURSDAY, 27 JUNE

9.00 Registration and welcome coffee

9.30 Keynote – New forms of employment and impacts
Esko Kilpi, Finnish Researcher, Founder of the Esko Kilpi Company

9.45 The platformisation of work in Europe: implications for social protection and collective voice

Ursula Huws, Professor of Labour and Globalisation at University of Hertfordshire Business School

10.00 Second round of parallel breakout sessions: Future of social protection
– Offering social protection: A responsibility and interest also for digital platforms? – facilitated by Moovenda food delivery platform
– Keeping in mind platform workers: Addressing specific challenges in their access to social protection? – facilitated by DG EMPL of the European Commission
– Finding new ways to deliver social protection: A step forward or backward? – facilitated by the European Policy Centre (EPC)

Coffee break

11.30 Third round of parallel breakout sessions: Future of interest representation, collective labour law and bargaining
– Changing landscapes: What future for industrial relations and social dialogue in Work 4.0? – facilitated by the Centre for European Policy Studies (CEPS)
– Rejuvenating trade unions: How to reach out to young workers and exploring future ways of interest representation – facilitated by the CESI Youth
– Staying attractive: How to adjust traditional trade unionism to the expectations of atypical workers? – facilitated by the International Labour Organisation (ILO)

12.30 Plenary wrap-up – breakout sessions reports and conclusions
Klaus Heeger, CESI Secretary General

13.30 Walking lunch

PDF detailed programme

Reinhard Biebel, Deputy Head of Unit ‘Corporate Tax Transparency’ at the European Commission, gave an overview over the past, current and future activities of the European Commission to fight tax avoidance and evasion. Ensuring the proper functioning of as well as improvements to the existing framework in the EU for administrative cooperation was in the centre of attention of the debate. The challenges of taxation of the digital economy – among them legal loopholes and ring-fencing the concerned companies and platforms- were outlined. In their reacting comment, Romain Wolff, President of CESI, and Fernand Muller, CESI representative in the European Commission’s consultative Platform for Tax Good Governance, stressed that fair taxation remains a foundation of any society; that work needs to be increasingly taxed, given increasing robotisation and automatisation; that it remains unacceptable that private companies are increasingly advising governments on tax legislation; and that it is fundamental for an efficient implementation and application of tax laws that tax authorities are well-staffed and well-equipped. The members of the trade councils agreed to continue their efforts for a fair taxation of the digital economy and transparent policies for more tax justice in the EU and beyond.

Lavinia Steinfort, project officer and researcher at the Transnational Institute, presented the results of the international research project Reclaiming Public Services.

According to the findings of the project, many privatisation activities promises did not meet their expectations while cost-efficiency targets remained unmet and labour conditions deteriorated, jobs were cut, prices increased and infrastructure investments declined, with, in sum, the accessibility and the quality of services of general interest decreasing.

She highlighted that the trend to re-municipalise is much more common than presumed. CESI affiliates stressed that the control over and the guidance of privatisation must remain in the hands of public authority and that democratic participative approaches remain important. They underlined that strategies to build and finance projects have a clear added value with citizens’ participation in decision making processes. They noted regret that EU legislation sometimes creates obstacles for municipalities as they have to comply especially with the expansive EU Services Directive.

Stephan Lauringer from the Austrian Federal Ministry for the Public Service and Sport, outlined different strategies to recruit young persons for public administrations. In addition to good working conditions, safe employment and good remuneration, specific strategies aim at offering apprenticeships and internships in order to allow recruitment among these, he said. he added that motivations to join public services are different, but that the main incentives are often expected prospects of harmony and security along with relatively attractive arrangements on working time, annual leave and work-life-balance. He stressed that key incentives for young job seekers in particular seem to be expected safety, stability as well as job satisfaction and self-fulfillment.

On the request of Massimo Battaglia, Vice-President of the Trade Council on Central Administrations and Finances, who strongly criticised a widespread lack of esteem for public services and their staff, it was agreed that CESI will continue its efforts to boost the recognition of the importance of public sector, public sector workers and the specificities of public employment – both at the EU and national levels.

With reference to a main motion on public services adopted by the last CESI Congress, CESI President Romain Wolff concluded the meeting with the following statement: “To serve the common good, in the interest of economic stability and for the well-being of people, public services have to remain under public responsibility. They have to be well-equipped and -resourced, and most importantly: Public services and public service workers have to be supported and esteemed by our societies. A change of paradigm is now more needed than ever.”

Picture: © CESI 2019

The meeting, led by CESI President Romain Wolff and Secretary General Klaus Heeger together with UFE President Florian Köbler and Secretary General Rafael Zender, saw an exchange of opinions and positions on common themes of interest of the two organisations, including:

• an effective representation of interests of personnel employed in the tax and customs administration authorities in Europe;

• the need for a more developed European policy on taxation, in particular as regards a the introduction of a Common Consolidated Corporate Tax Base (CCCTB), a financial transaction tax (FTT) and measures against base erosion and profit shifting (BEPS) as well as concerning an adjusted approach to the collection of value added taxes (VAT) and taxation for digital multinationals;

• required measures to address challenges for customs personnel affected by Brexit; an

• limits arising from public-private partnerships in the two sectors.

Following the meeting a cooperation agreement between CESI and the UFE in the area of interest representation of employees in the field of tax and customs administrations was renewed, signed by the Presidents of CESI and the UFE, Romain Wolff and Florian Köbler. CESI Secretary General Klaus Heeger said: “We are very glad to renew the cooperation agreement with the Union of Finance Personnel in Europe and to join our specific competencies for the benefit of both our individual members and member organisations.”

Picture: CESI President Romain Wolff with Florian Köbler, President of the UFE © CESI 2019

On the positive side, voter turnout increased to 51%. This is not a brilliant figure, but in fact 10 percentage points more than in the last EU elections –the highest turnout since 1994– and the first time since the beginning of EU election history that the participation increased. Likely, the well-concerted cross-party EU-wide mobilisation campaign #ThisTimeImVoting, to which CESI also contributed, made a positive difference. A similar campaign should be run for the next elections in 5 years to highlight concrete benefits the EU has brought for citizens and workers and to show them why it is important to make use of the right to vote. As a European umbrella confederation, CESI has seen it also as its task to explain the added value and benefits of the EU to its affiliates. And will continue to focus on this.

Also the much-feared flooding of the European Parliament with anti-European forces did not take place. Arguably, large delegations will be incoming in this respect from Italy, the UK and France, only to name a few. However, in total, the share of anti-European forces in the new Parliament has not changed substantially.

And their intention to forge a strong united block in the European Parliament may well fail. They all know what they are against, but will they find common ground on policy responses? The Italian Lega wants a European re-distribution to re-allocate incoming refugees away from Italy. The Rassemblement National opposes. Not a promising basis for real cooperation.

On the negative side (and as was the case in other past European elections), the EU elections were not marked by true European discourses but by persistent national perspectives. What impact will the election have on the stability of the German government? What will the election mean for the future of the (then) Austrian Chancellor Kurz? How will Macron react if the Rassemblement National gets a strong vote in France? Which will be the impact on the next national, regional or municipal-level election? … EU elections and their commenting should also focus on EU political directions, not be merely about their impact on national elections or governments. Work ahead for all of us to change this next time.

Also the extension of Brexit until most probably at least October 31, and the subsequent necessity of an EU election in the UK, did cast a shadow on the EU-wide election exercise. Voting for MEPs who shall be withdrawn in a few months has undermined the credibility of the elections. And as a matter of fact, the EU can no longer afford to focus so much on Brexit. Other challenges need to be addressed, and the work of the European Parliament cannot be inhibited by never-ending institutional uncertainties relating to its composition until the unknown future of Brexit.

A final remark: The heads of states and government should not –especially not in the very first days after the elections– call into question the ‘Spitzenkandidaten’-formula. Any voter who has been following their campaigns would feel being played with. And for those less interested, it will further foster the image of obscure backroom deals made in Brussels. (Needless to say that in that case no one is to blame except the Member States.)

Picture: © European Parliament 2019

According to the members of the trade council, measures to meet growing health care demands in the light of public budgetary constraints and ageing populations remain a necessity in many EU member states. In this context, representatives of healthcare trade unions of CESI from Spain (SATSE), Germany (dbb/komba) and Netherlands (CNV-Connectief) presented strategies to address staff shortages in the provision of health care.

A recent study conducted by the Spanish member organisation SATSE highlights the common work overload of nurses in Spain, a country with a 15/1 patient/nurse ratio in hospitals (typical ratios in other countries: between 6/1 and 8/1) and a 5/1000 nurse/inhabitant ratio (European average: 8.8/1000). CESI believes that more studies should carried out to establish concrete demands as to ideal nurse ratios.

According to the CESI member dbb/komba, a major problem in Germany relates to an overall pressure on health care staff, due to a combination of increasing care demands, low investments in personnel and insufficient funding in addition to a lack of available skilled nursing staff. An improved attractiveness of employment in the sector through better working conditions, along with more effective recruitment and retention measures remain key could be a part of a solution to reduce this pressure, according to the dbb/komba. While Germany has meanwhile adopted an ‘immigration law’ to enable the recruitment of 3000 third country nationals by the end of 2019, training plays an important role for job mobility and for the return of qualified personnel to the sector.

In the Netherlands, forecasts predict a growing shortage of healthcare professionals of up to 125 000 unfilled vacancies during the next three years. CESI’s Dutch member CNV-Conncetief will therefore focus on the prevention of staff outflows by increasing the competitiveness of health care providers -for instance through VAT exemptions for health care delivery and a reduction of administrative burdens- and by improved working environments through more inclusive work cultures and consultations of staff and greater investments in the sector.

Further reports from Bosnia and Herzegovina from CESI’s member Trade Union of Physicians in Srpska in Bosnia and Herzegovina (SSDMRS) and CESI’s French affiliate ‘Autonomous Public Service Federation’ (FA-FP) confirmed trenda to focus on building health infrastructure while disregarding the human factor.

In a position paper it adopted after the debate, the trade council members urge decision makers to boost investment in the healthcare sector and to consider the fundamental importance of the human factor in the delivery of health care services.

Picture: Trade council President Esther Reyes Diez and CESI Secretary General Klaus Heeger © CESI 2019

While highlighting the “importance of the fundamental right of every worker to a limitation on the maximum number of working hours and to daily and weekly rest periods”, the Court considered that “a national law which does not provide for an obligation to have recourse to an instrument that enables that determination does not guarantee the effectiveness of the rights conferred by the Charter and the Working Time Directive, since it deprives both employers and workers of the possibility of verifying whether those rights are complied with.”

The impact of that (again!) land-marking European-level case on working time may be tremendous.

As a trade union confederation we of course welcome the decision, as a legislation’s (protective) impact requires effective control and verification possibilities. Otherwise, the underlying facts triggering protective provisions could become erratic and accidental, hence void. In other words: to guarantee the application of national and European legislation limiting working time, it is simply necessary to be able to measure it.

However, I believe many of us may also have slightly ambivalent feelings about the possible impact of the case. Excessive verification mechanisms may also, when applied in a distrustful environment, lead to invasive controls, breaches of data protection regulations, restrictions of so-far favourable working arrangement etc. This is something that working time measurement systems need to take into account. According to, for example, a commentary in the German FAZ newspaper, “work organisation based on trust is dead.” Of course, this interpretation is quite extreme, but we also must be aware that total control of working time regimes may be, in the end, also detrimental to workers. In any case, effective workers´ representation and participation will be decisive for a balanced and protective approach.

Of course, the concrete consequences of the judgment will need further thorough assessment, but it highlights yet again in an impressive manner how fundamental and vital the impact of the EU on social and labour law legislation can be.

In this sense, #ThisTimeImVoting – to shape the political direction of the EU!

I wish you all a good and thrilling week ahead. All workers count!

Picture: Klaus Heeger © CESI 2019

In joint meetings, CESI Secretary General Klaus Heeger, ALE President Juan Jesús Garcia Fraile and ATCEUC President Volker Dick discussed among themselves and together with ERA and European Commission representatives in particular past achievements and still existing challenges in the development and implementation of Just Culture for air traffic controllers and what lessons can be learned from that for Just Culture in railways, which is not yet far developed.

ATCEUC President Volker Dick said: “ATCEUC has been a driving force behind the development of Just Culture for air traffic controllers in European civil aviation – a culture in which front-line operators and others are not punished for actions, omissions or decisions taken by them which are commensurate with their experience and training, but where gross negligence, wilful violations and destructive acts are not tolerated. We are glad to share our experiences with our fellow trade union partners from the ALE.”

ALE President Juan Jesús Garcia Friale added: “Just Culture is increasingly becoming a challenge for train drivers too, and we want to be a front runner in helping its development in the train driving sector. Exchanges of views with the more advanced air traffic management sector are very useful to this end.

Many challenges appear to be the same, for air traffic controllers and train drivers alike. Both are front-line operators handling technically complex transportation and communications tools, and security of passengers is key in both railways and aviation. This requires a careful balance between reporting obligations of safety incidents by staff and personnel in order to improve potentially systemic failures in operation systems with a culture of trust by employers, authorities and the judiciary in which train drivers do not have to fear to be unjustly prosecuted after turning in ‘their’ incident. ”

CESI Secretary General Klaus Heeger commented: “Just Culture is a great example of CESI bringing together expertise from different trade unions members, this time in the field of transportation, to create synergies and a real and concrete added value as a European umbrella association. Our meetings with ALE, ATCEUC and the representatives from the ERA and European Commission clearly showed our role as an important partner and linking actor between our sectoral trade union members and the development of Just Culture beyond single sectors in Europe.”

At the fringe of the meetings, a declaration of intent for collaboration on Just Culture was signed by the ALE, ATCEUC and CESI leadership in order to formalise effective joint follow-up initiatives.

A video clip of the CESI-ALE-ATCEUC meetings is available on CESI’s Youtube channel.

Picture: Klaus Heeger (CESI) and Volker Dick (ATCEUC) with Juan Jesús Garcia Fraile (ALE) © CESI 2019

A discussion about potential EU treaty revisions revealed common scepticism. All participants agreed that the EU must stop ‘navel-gazing’ and tackle the big challenges. A paralysed and self-centred EU does not help – and the current EU treaties provide enough possibilities to bring forward relevant dossiers. The delegation also presented CESI’s EU elections manifesto, a particularity of which lies in point 2, where CESI’s Presidium highlights that “dogmatic and simplistic discourses on ’more or less Europe’ are not goal-oriented and split societies rather than call citizens to consider the substance of specific topics and themes.” In this sense, in a full page commentary for the “Luxemburger Wort” to be published on May 4, I underlined that an increasing focus on the content of European policies is more helpful than polarised “for” and “against” integration discourses (see also my editorial from February 22 2019).

***

However, with the European elections taking place in just three weeks from now, they might be overshadowed by the lack of certainty of whether or not the UK will participate (in the case that it does not manage to ratify its withdrawal agreement by the time of the elections on May 23). At its meeting on April 10 the European Council granted the UK an extension for the ratification of the Withdrawal Agreement, but it was made clear that this should not last longer than 31 October 2019. In view of the EU elections, this poses a major problem, since “if the UK is still a Member of the EU on 23-26 May 2019 and if it has not ratified the Withdrawal Agreement by 22 May 2019, it must hold the elections to the European Parliament in accordance with Union law.” With the clear perspective that the UK should leave after five months –as other scenarios remain, to my mind, unlikely and undesirable (see my editorial of September 28 2018)– the European elections would degenerate to a bogus exercise in the eyes of UK citizens (and politicians) and also provide the Brexiteers with additional anti-EU ammunition. Yet the even bigger danger would lie in the overall loss of credibility of these elections in the other EU-27 countries. A potential trend we must try to counter at any price in the coming weeks. Remember #ThisTimeImVoting!

***

Finally, this week’s highlight for me was my participation at Confsal’s Labour Day manifestation on the Piazza del Plebiscito in Naples. To have the opportunity to address several thousands of participants on one of the most famous and prestigious squares of Italy was a powerful moment – and a particular honour. In my address, I called upon the public not to forget also the benefits of European integration – not least for social and labour rights.

***

“Voting for the future of Europe can only mean to vote for investment in people and in decent work. If we want to enhance work, international movements and standards are vital. Let’s use the EU to improve and protect the rights of all workers. All workers count.”, Klaus Heeger said.

He added: “We must remember that cross-border solidarity matters. Those who love Europe must love the nationals that compose it, and those who love their homeland must love Europe. there is a windown of opportuniy bnecause the eurhas ocmmitted itself to promoting social rights more.”

Full video clip: Klaus Heeger at Piazza del Plebiscito on May 1 2019

Picture: Klaus Heeger speaking at Naples on May 1 2019 © CESI 2019

The delegation, led by CESI Secretary General Klaus Heeger, CESI and CFGP President Romain Wolff, and CGFP Secretary General Steve Heiliger, exchanged with Jean Asselborn in particular about the upcoming European elections. Raising both institutional and social and employment-related concerns and challenges that the EU will need to address in the new legislative term, the delegation presented CESI’s manifesto for the EU elections and the priorities highlighted therein, targeting a fair(er) public perception of the EU, a real social mindset for Europe and a more effective social policy making, as well as guaranteed access to universal social rights and decent work for all. A special link was made to the role of public services in these fields.

Klaus Heeger said: “Social targets of the EU can only be achieved and implemented in the Member States where public services are performing, and performance is only possible with adequate resources and equipment and sufficient personnel. Investments in public services mean investments in people.”

Picture: Steve Heiliger, Klaus Heeger, Jean Asselborn, Romain Wolff and CGFP Adviser Max Lemmer © CESI 2019

CESI’s member organisation WZZ Solidarność-Oświata is in the front line to ask for a decent pay for teachers and other employees in the education sector.

According to Sławomir Wittkowicz, Chairman of WZZ Solidarność-Oświata, the Polish government and Ministry of Education have to act on:

– a lack of real increases in basic salary,

– a significant reduction of teaching posts

– a deterioration of educational offers in rural schools,

– an increase in duties and working time for teachers.

CESI strongly supports the protesters, WZZ Solidarność-Oświata and its partners, to swiftly find an acceptable solution. CESI believes that public services are a vital backbone for stable societies and strongly considers investments in education as delivering clear economic and financial returns in the long term perspective.

CESI Secretary-General Klaus Heeger stressed: “With great regret, we note that despite recent requests by CESI and WZZ Solidarność-Oświata, the Polish government is not keen to open a constructive dialogue on decent wages and find a real solution to the challenges that teachers and workers in the education sector face in Poland. The recent government behaviour has been short-sighted and detrimental.”

Claude Heiser, President of CESI’s sectoral members’ trade council on education policies, added: “Fair and decent work conditions are underlined in all international and European legally binding fundamental rights covenants, including the recent European Pillar of Social Rights which the Polish government has publicly supported. It goes without saying that our confederation is fully committed to supporting our members and their affiliates, especially when it comes to their fair and decent work conditions. For this reason, we strongly support WZZ Solidarność Oświata and its partners in this action for better wages.”

To address this situation and highlight it to national and European legislators, the European Confederation of Independent Trade Unions (CESI) will shortly present a new ‘Teachers’ Manifesto’ for better working conditions and improved professional recognition of teachers in Europe.

he seminar took place in the context of violence at work, especially against public sector workers, representing an increasing phenomenon and challenge in Germany and in most other countries of the EU.

The event provided an opportunity to allow exchanges of views among dbb affiliates and members of CESI from other EU Member States, together with external experts. As such, the discussions took stock of the current situation in different sectors, identifying best practices, launching a sensitisation campaign and at voicing clear political and legislative demands at different levels.

The following key measures were identified as being particularly urgent and necessary:

• The role of the state, the particular status, importance and role of public employees and civil servants, should be subject to a general campaign. In this context, the reasons for a trivialisation or acceptance of violence against state representatives should also be subject to an evaluation.

• Occupational prevention and repression tools at work should be improved and focus especially on the protection of the victims. Public administration staff and public service employees in key sectors such as municipalities, law enforcement, education and health sectors seem among the groups of personnel especially in need of efficient protection mechanisms.

• The development of legislation to improve occupational safety and health as well as the defence of the rights of victims and sanctions of violence committed against state agents have to become more powerful.

A seminar in Madrid on June 21 will follow up on these findings.

Picture: © DPolG Berlin 2019

n Spain, SATSE, the largest trade union of nurses, had recently launched a citizens’ initiative calling for a law requiring that all hospitals limit the number of patients who can be treated at one time, in order to prevent errors in the provision of care due to understaffing. Under such a law, specific quotas would then further depend on the hospital settings, pathologies and other factors.

The objective of the citizens’ initiative is to gather at least 500 000 signatures in order to get a legislative proposal to be discussed in the Spanish parliament.

Research, even worldwide, reveals that:

1. there is a shortage of nurses in the healthcare provision

2. this poses risks for both patients and nurses: errors in care provision, accidents, stress-related conditions and even death of patients, with both morbidity and mortality being associated risks to this problem of understaffing

3. the increase in the number of nurses would eliminate these associated risks and that in the long term this investment in staff would be a prevention which would cost less than public healthcare expenditure for curing and reparation ex-post

In-house research conducted by SATSE further shows that the number of nurses needed in the Spanish public health system would need to be increased from 3.6 nurses per 1000 citizens to at least 5.5 nurses per 1000 citizens to even match the EU average. This equals 87.000 nurses missing in Spain, representing a significant shortage which has negative impacts on health and safety at work. What is more, more than 38% of Spanish nurses are more than 55 years of age – What will happen at when these nurses retire if the workforce is not replaced strategically and adequately on a rolling basis?

Research by Andrew Noblet shows that mentally and physically healthy workers achieve better results at work. Stress in the nursing sector is a great threat and a big source of loss for employers in the health sector. Investing in this sector would ensure savings and returns on the long run.

Both MEPs Javier Lopéz and Francesc Gambύs agreed that from an employment and public health perspective more social investment should be available and that European ageing population and the increasing needs of the elderly puts pressure on healthcare systems and the design of the healthcare provision, which should change to become more prevention-oriented.

MEP Javier Lopéz supported the initiative on ‘nurse staffing ratios’, mentioning four steps forward at the EU level:

1. a plead towards the governments of Spain and other Member States with similar challenges to seize the European Pillar of Social Rights and to ensure adequate employment conditions to all nurses in the system

2. an introduction of the topic at a plenary session of the European Parliament

3. a written question to all European stakeholders in the area of employment and public health as to what they think it should be done concerning an improved patient-nurse ratio

4. a network of more allies in the European Parliament to bring this topic to constituencies.

Francesc Gambús agreed that as a matter of healthcare provision the EU needs to rethink its health model and encourage more investments for the benefit of workers.

Esther Reyes Diez, affiliate of SATSE and President of the CESI’s internal members’ trade council on health services, said: “Both as a practicing nurse and as an EU citizen, I find it worrying that working conditions in the health sector are so bad. We cannot afford this situation in which both nurses and patients suffer. We need to act fast and to be responsive for the future.”

For SATSE President Manuel Cascos Fernandez this initiative is “a matter of patient safety and the law proposed is meant to guarantee more nurses in hospitals and health centers in order to achieve that. We need more quality in care.”

Alfonso Jesus Cruz, author of a study of SATSE on the situation of nurses, midwives and physiotherapists in the Spanish health centres, highlights the general consensus reached by in the research community that the healthcare sector needs more nurses. What is expected from the EU level is to set red lines on the maximum number of patients assigned by a nurse.

Through its health services trade council’, CESI encourages its member organisations to invest in campaigns to improve working conditions of healthcare providers and to provide information and training for their workers in order to better mitigate the risks in the workplace.

The topic of nurse staffing ratios will be debated at a forthcoming meeting with all health representatives in CESI’s trade council on May 23. The SATSE campaign could have a European dimension so that understaffing of nurses could be also addressed properly in those Member States which are dealing with it.

Picture: Ester Reyes Diez (second from left) with MEP Javi Lopéz (second from right) © CESI 2019

The strike concerns a continuing dispute between the Polish education unions and the government regarding the insufficient increase in salaries in the education sector and the lack of a truly inclusive consultation of the social partners.

According to Mr Sławomir Wittkowicz, director of WZZ Solidarność-Oświata, the Polish government and Ministry of Education have to act on:

– lack of real increases in basic salary in 2019,

– significant reduction of teaching posts,

– deterioration of the educational offer in rural schools,

– increasing teachers’ duties and working time.

CESI Secretary-General Klaus Heeger noted: “I hope that this joint action will make the government realise that failing to invest in Education sector and especially in teachers wages, will bring damage the entire country in the long-term. The recent government behaviour has been short-sighted and detrimental.”

In the field of education, the situation of employees is totally heterogeneous in Europe. In some Member States teachers are widely recognized professionals, respected and enjoy quality living conditions; in others, teachers experience social regressions of a magnitude rarely known before.

To address this situation and highlight it to national and European legislators, the European Confederation of Independent Trade Unions (CESI) will present this month the “Teachers’ Manifesto” for social justice and professional recognition.

Picture: CESI Secretary-General Klaus Heeger © CESI 2019

1. For a fair(er) public perception of the EU

EU law is mostly adopted by the European Parliament AND the national government ministers sitting in the Council. Too often, national governments behave in a self-centred fashion, preventing policy results, and then blaming “Brussels” for failures. This contributes to rising EU scepticism amongst the citizens. Political actors at national and EU levels need to be more determined in defending the virtues of the EU and act in the European spirit of solidarity and compromise. Yielding in one instance means getting something in return at the next occasion!

2. For a better Europe

The debate on the EU – also on a social EU – should not be polarised along the “more-or-less-Europe” divide. Dogmatic and simplistic discourses on “more or less Europe” are not goal-oriented and split societies rather than call citizens to consider the substance of specific topics and themes. A differentiated approach is required. In some cases “more Europe” makes sense, in others, “less Europe” can offer better results.

3. For liberal democracy

Independent judiciaries, rule of law, universal fundamental rights and tolerance are cornerstones of the EU. Minority rights are inextricably inherent to these principles. The EU needs to remain a credible voice, enforcer and defender of liberal democracy, both within and outside the EU. Not least, also citizens and voters must be convinced of the fundamental importance of these values.

4. For a real social mindset

The European Pillar of Social Rights must become the respected reference for more social fairness in the EU and its Member States. It needs to be implemented, enforced and ‘seized’ by all governments, EU institutions, social partners and trade unions alike. The social goals of the EU must be set on equal footing with market freedoms, based on the recognition that inclusive societies do not only stand for social progress but also for economic and fiscal returns.

5. For universal social rights

Social dumping to increase competitiveness in the EU’s borderless internal market needs to be countered. Without prejudice to specificities of public services and traditional principles of career civil service systems, EU-wide robust and binding minimum social standards for workers in particular need of protection based on upward convergence and tied to non-regression clauses are needed. Every person, regardless of the employment status, needs access to adequate and affordable social protection.

6. For effective social policy making

Subsidiarity, especially in terms of social policy, does not only require Member States’ competence or action on the lowest levels; it must also focus on solving problems within an increasingly market-integrated EU. In this sense, the current asymmetry between for instance EU competence for the internal market and competition and the Member States’ competence for social policy must be considered. Putting the social goals of the EU on equal footing with the Single Market freedoms requires stronger determination and competence at the EU level.

7. For decent work

Without prejudice to specificities of public services and traditional principles of career civil service systems, all workers in a de-facto dependent work relationship must be entitled to decent work. Abusive employment practices specifically developed to take advantage of the EU’s internal market’s four freedoms need to be stopped. Legislative loopholes have to be closed, as many still exist for a variety of categories of workers, including posted workers and those active in the digital or platform economy. Existing precarious work also in the public sector must be consequently eliminated. Member States should be encouraged to strengthen their labour inspectorates and take advantage of the opportunities opened by new European Labour Authority.

8. For fair and proportionate taxation

Across the EU, capital is still taxed at a substantially lower rate than labour. Scandals of businesses and multinationals avoiding or evading tax keep popping up. The EU must encourage Member States to establish national tax administrations that are better staffed and have more resources. The EU and Member States must adopt forceful policies to close corporate taxation gaps and achieve a fairer balance between capital and labour taxation. This will ensure the necessary resources for the states to function, and ever-widening inequalities between the richest and most vulnerable members of society can be reduced. This goes without prejudice to the fact that financial public resources should be deployed in a sustainable way and with zero tolerance to corruption.

9. For performing public services

Longstanding public underinvestment across Europe has led to deteriorating public services in many Member States. This has been to the detriment especially of the most vulnerable members of society, undermining the principles of the social market economy. Large-scale cuts in the budgets of many Member States have been carried out in times of new challenges for the public sector, in some cases leading to the proper functioning of the state being called into question. Societies with performing public services have been fairer, more resilient and sustainable. And efficient and high-quality public administrations require competent, well-equipped, well-resourced and motivated staff.

10. For investments in people

Investments, mainly in the field of early childhood upbringing, education, health and active labour market policies promote revenue in the long term, both in a social and economic respect. Sustainable and resilient economies need to invest in people. The EU should take necessary steps to encourage Member States to close investment gaps. Economic governance and budgetary surveillance tools should be designed accordingly.

CESI 2019 EU elections manifesto in pdf format

Video with the Manifesto presentation during the Presidium in Madrid

Video interviews in support of #Thistimeimvoting

CESI EU elections campaign: For Europe, and for a better Europe!

Picture: For a more social EU © CESI 2019

In light of the upcoming EU elections, the Presidium approved a manifesto demanding greater commitment from all Member States to implement the European Pillar of Social Rights. The Presidium also highlighted the need to increasingly stand up for liberal democracy in which the rule of law, the protection of minorities and pluralism -including trade union pluralism- are respected throughout. The Presidium also expressed its determined support towards CSIF to be considered as recognised social partner on an equal footing with the other Spanish trade unions.

Through the manifesto it adopted, the Presidium is sending a clear message to defend a better and fairer public perception of the European Union, not least by means of a more flexible approach towards European integration.

In addition, the Presidium demands a more socially driven political agenda which promotes and protects decent work, fairer taxation systems, an increased valorisation of public services and employees as guardians of stability and cohesion, and not least economic and fiscal policies which consider social expenditure as a true investment in people.

Against the background of rising job insecurity in Spain and across Europe, CSIF and members of CESI’s Presidium vehemently demanded the adoption of the currently negotiated EU legislation on predictable and transparent working conditions, posted road transport workers, work-life balance and a new European Labour Authority.

And in view of a potential slowdown of the European and Spanish economies, both CSIF and CESI Presidium members also called for greater protection of public services. Member States should not once again fall prey to the temptation of downsizing the public sector as a -seemingly- easy way to reduce public deficts. Public services require sufficient, well-trained and motivated staff, and well-equipped public services undoubtedly promote economic stability and social cohesion in Europe.

CESI’s Presidium also expressed its support of CSIF’s proposal for a reform of the Organic Law on Freedom of Association in Spain.

CESI’s EU elections manifesto will be made available in the resources section soon.

Video with the Manifesto presentation during the Presidium in Madrid

Picture: Members of the Presidium of CESI with CSIF-President Miguel Borra and Jan de Vries, Chairman of CESI’s member CNV-Connectief © CSIF 2019

Chaired by Javier Jordán of CESI’s Spanish member CSIF and Kirsten Lühmann, affiliate of CESI’s German member dbb, the meeting brought together representatives from CESI’s various member organisations in charge of horizontal policies as well as presidents and vice-presidents of CESI’s sectoral members’ trade councils.

How to optimise engagement in the European Semester?

Jeroen Jutte, longstanding Head of Unit for employment and social aspects of European Semester in the European Commission, attended the meeting as a guest speaker. In a joint debate, CESI members established how CESI can optimise its input in the annual European Semester process.

Javier Jordán, President of the Commission on Employment and Social Affairs, said: “The European Semester is a key instrument for the European Commission to engage with Member States in their financial and economic policies.

Following the adoption of the European Pillar of Social Rights in 2017, social policy is now also more and more part of the game. For CESI as a European umbrella organisation of independent trade unions, it is now more important than ever to engage most effectively in the European Semester.”

CESI Secretary General Klaus Heeger added: “At first glance the European Semester may not be sexy and easy as a process but for us and our national member trade unions it is in fact of high importance to engage with Member State governments and the European institutions together on specific concerns that we have. Effective work on the European Semester is vital because it would just happen without us if we chose to not focus on it.”

Closing the gender pay gap via EU measures?

Vitalijus Novikovas from the European Commission’s gender equality union updated CESI’s members about a consultation on the implementation of article 4 of the EU Directive 2006/54 which requires all Member States to eliminate pay discrimination between workers and employees when the work is equal or of equal value (‘equal pay for equal work’).

Following a joint debate on the topic, a formal consultation contribution and further engagement by CESI with the European Commission is forthcoming.

Picture: CESI joint Commissions on Employment & Social Affairs and on Women’s Rights & Gender Equality © CESI 2019

The health sector plays a key role in ensuring public health and qualitative life for European citizens. Despite the undisputable importance of healthcare providers for society, many workers who provide the needed care do not have access to a sufficient level of protection at work when dealing with dangerous substance, carcinogens and radiation. Every year, too many workers are exposed to dangerous medication and radiation (over 20 mil/year EU-wide) and affected by carcinogenic, mutagenic and reprotoxic substances.

Although the EU recognises that dangerous substances represent an important chemical risk factor in health care, there is no legislation in Europe that specifically addresses the risks posed to healthcare personnel. CESI’s Spanish affiliate SATSE, in a campaign launched last year, has been a front-runner to bring forward this loophole to the Spanish government and to the EU institutions.

Esther Reyes Diez, affiliate of SATSE and President of the CESI trade council ‘Health’, stated: “While EU and national member state legislation may provide protection in the workplace against a wide variety of hazardous substances, there is no legislation to address the issue of dangerous medication. These are considered by EU-OSHA a few of the most important chemical factors in health. More protection must be offered to those that protect and care for us.”

Javier Jordan de Urries, affiliate of CESI’s member CSIF and President of CESI’s commission ‘Employment and Social Affairs’, highlighted that exposure to dangerous substances is of fundamental importance for the entire health sector as well as for law enforcement, emergency, fire and civil protection services. Encarna Abascal, the Health and Security Secretary within CSIF, emphasized the importance of introducing a gender perspective when assessing the with health and safety/ security sectors. Many studies show that there are different outcomes to dangerous substances for men and women. Ms Abascal also presented the CSIF campaigns on the impact of dangerous substances in the case of firefighters.

The importance of the exchange of good practices within the EU was emphasised by SATSE spokesperson María Carmen Vide, who gave concrete examples. José Antonio de Leniz Aspiazu, representative of SATSE in the Spanish Euskadi region, referred in particular to the importance of “providing real protection to healthcare professionals, many of them being vulnerable nurses and care-givers responsible for the preparation and the administration of the amount of dangerous drugs in their daily work.”

Given the evidence provided and the state of play of EU legislation in the field, pleads for a revision of the 2004/37/EC directive on carcinogens and mutagens to address the issue of health and safety for medical staff dealing with dangerous medicines at work are increasing.

Through its trade council ‘Health’, CESI encourages its member organisations to invest in information and training campaigns for their workers in order to better mitigate the risks in the workplace. More coordinated efforts are also needed at national level for better regulations, and the more stringent application of the labor law. In this context, the forthcoming European Labour Authority may play an important role.

Last but not least, patients and their family might be affected by dangerous medication. For this reason, the overall recommendation of CESI and its members lies in raising awareness for existing threats, in improving the control for the use of dangerous substances, and, if possible, in increasingly falling back on less dangerous substances.

In a statement following the visit of the CESI delegation to EU-OSHA, CESI Secretary General Klaus Heeger underlined that more investment should be made to ensure the adequate protection and care for those who take care of others.

Picture: CESI/SATSE/SCIF delegation at EU-OSHA © CESI 2019

The European Confederation of Independent Trade Unions (CESI)

invites you to the next #CESIatNoon on

Tax evasions and state aid – A change of paradigm:
The impacts of different tax leaks and state aid cases on EU policy

Wednesday, April 3 2019; 13.00 to 14.30 (light lunch from 12:30)
Avenue de la Joyeuse Entrée 1-5, 1040 Brussels

In recent years, fight tax evasions and tax avoidance has become a priority of the European Commission. Encouraged by various leaks and sensational cases, public pressure to efficiently close loopholes has been unprecedented. Strong feelings of growing injustice and unfair taxation policies have added fuel to the debate. This CESI@noon will give insights into the work of politicians, practitioners, civil servants and trade unions in tax leaks and state aid cases.

How is tax avoidance related to state aid control and why do competition enforcers suddenly become involved in tax matters, normally under the competence of the Member States? What is the main finding in the recent decisions of the European Commission and where are the limits? What are the key experiences and demands to further proceed? What are the fundamentals interests at stake? How does state aid control dovetail with the legislative agenda? Which administrative elements need further strengthening? And finally, is there an honest societal and political consensus to efficiently fight tax avoidance at EU level?

Opening
Romain Wolff, President of the European Confederation of Independent Trade Unions (CESI)

Keynote
Max Lienemeyer, Head of the Task Force Tax Planning Practices at DG COMP/European Commission

Discussion
Florian Köbler, President of the Union of Finance Personnel in Europe (UFE)

Urs Stauffer, President of the Central Federation for Public Service Employees Switzerland (ZV)

Fernand Muller, Member for CESI in the Platform for Tax Good Governance

Paul Tang, MEP, Member of the Special Committee on Financial Crimes, Tax Evasion and Tax Avoidance

Nadja Salson, Policy Staff at the European Public Service Union (EPSU)

Moderator
Fabian Zuleeg, Director of the European Policy Centre (EPC)

Conclusions
Klaus Heeger, Secretary General of the European Confederation of Independent Trade Unions (CESI)

Here a recap video with the speakers

With regards to the proposal for a Council Recommendation on access to social protection for workers and the self-employed, the Presidium welcomes in particular:

• a definition of the term ‘worker’ based on existing case law of the Court of Justice of the EU as a “natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration”, which allows to grasp all those in de facto employment relationships, including in bogus self-employment, in the scope of the initiative;

• an extension of basic aspects of access to social protection to “all workers, regardless of the type of their employment relationship” in terms of mandatory formal, effective and adequate coverage;

• an accumulation, preservation and transferability of social security entitlements “across all types of employment statuses” and all economic sectors; and

• greater transparency towards workers on the applicable conditions and rules of social security.

At the same time, the Presidium notes the legal nature of the proposal -a non-binding recommendation- as a major drawback: A binding directive would have been preferred, and legally possible under the Treaties. The Presidium questions whether proposed enforcement tools such as the European Semester will be sufficiently strong to bring about changes in the Member States. To incentivise Member States to implement the Recommendation, the Presidium calls on the European Commission to give flesh to its proposal to support the objectives of the text with EU funding.

The proposal foresees an evaluation on the effectiveness of the adopted text by the European Commission after three years with the possibility for the European Commission to decide on “making further proposals”: The Presidium of CESI hopes that this backdoor for a Directive yet to come, together with EU-level financial incentives, will push Member States to implement an ambitious Council recommendation.

With regards to the proposal for a Regulation establishing a European Labour Authority, the Presidium welcomes the objectives of a new authority to:

• facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services;

• support cooperation between Member States in the cross-border enforcement of relevant EU law and legislation, including facilitating joint labour inspections; and

• mediate and facilitate a solution in cases of cross-border disputes between national authorities or labour market disruptions.

The Presidium also notes that the general mission of the European Labour Authority should be clear and precise and avoid duplications with existing structures at the European and national levels.

A priority for the Presidium refers to a proposal of an advisory stakeholder group to the Management Board and Executive Director of the new European Labour Authority composed of “six representatives of Union-level social partners equally representing trade unions and employer’s organisations.” The Presidium strongly urges that the stakeholder group is enlarged significantly to make space for an adequate representation of recognised EU sectoral social partners, including those that are not part of the cross-sector EU social partners. All workers count, all workers should be represented.

The full resolution of the Presidium is available here.

In recent years, fight tax evasions and tax avoidance has become a priority of the European Commission, and encouraged by various leaks and sensational cases, public pressure to efficiently close loopholes has been unprecedented. Strong feelings of growing injustice and unfair taxation policies have added fuel to the debate. The CESI@noon gave insights into the work of politicians, practitioners, civil servants and trade unions in tax leaks and state aid cases, inquiring into questions such as:

• How is tax avoidance related to state aid control and why do competition enforcers suddenly become involved in tax matters, normally under the competence of the Member States?
• What is the main finding in the recent decisions of the European Commission and where are the limits?
• What are the key experiences and demands to further proceed? What are the fundamentals interests at stake?
• How does state aid control dovetail with the legislative agenda?
• Which administrative elements need further strengthening?
• Is there an honest societal and political consensus to efficiently fight tax avoidance at EU level?

Beyond CESI President Romain Wolff and Secretary General Klaus Heeger, speakers included Max Lienemeyer (Head of Unit ‘Tax Planning and Practices at the European Commission), Florian Köbler (President of the Union of Finance Personnel in Europe/UFE), Nadja Salson (Policy Staff at the European Public Service Union/EPSU) and Urs Stauffer (President of the Swiss Central Federation for Public Service Employees/ZV. The event was moderated by Fabian Zuleeg, CEO of the Brussels-based think tank European Policy Centre (EPC).

A video clip summing up the main points of the event is available on CESI’s Youtube channel.

The conference addressed two specific aims:

• to understand, at EU level, what precarious work is, and to explore the extent to which it impacts on workers’ access to social rights and social protection in the various Member States.
• to explore possible avenues to improve working conditions and fight precariousness through adapted legislation, a better application of existing law, adjusted social protection systems and a strengthened interest representation by trade unions.

In the opening remarks to the conference, CESI President Romain Wolff from the Luxembourgish CGFP trade union organisation highlighted the persistence of precarious work, also in the public sector, and emphasised how this has become a major concern for trade unions during the last years.

In particular, he sketched how this concern overlaps with evidence-based labour market trends that have been showcasing increasing numbers of workers with fixed-term and part-time contracts during the past 15 years.

In panels moderated by Pierre Baussand, a long standing expert in EU social affairs and Head of the Brussels Office of the EU agency for the improvement of living and working conditions Eurofound, experts from EU institutions, trade unions and the academic field presented their views on precariousness. From the trade union side, Christian Moos from CESI’s German member dbb and CESI Youth Representative Matthäus Fandrejewski confronted the audience in a first panel with a report on challenges and possible solutions related to precarious work in Germany and among young people more generally. EESC President Luca Jahier concluded the first panel, underlining that a motivated workforce with a decent income, quality jobs and social protection coverage is in everyone’s interest, and invited social partners to think ‘outside of the box’ in order to ensure a strong representation of the workforce in precarious forms of work.

It emerged that precarious work is exhibited in particular when:

• there is an involuntary element for workers to taking up non-standard work
• no equal treatment in terms of remuneration, benefits, entitlements working conditions is granted in relation to those in similar positions working under open-ended standard contracts

It also appeared that precarious work becomes all the more more precarious when it happens over long duration of time, and when there is no or only a weak link to interest representation and trade unions.

EESC member Franca Salis Madinier highlighted in a second panel links between increasing levels of poverty and numbers of working poor on the one hand and, on the other, the need for workers in new forms of work to be covered by social dialogue. With the participation of Javier Jordan De Urries from CESI’s Spanish member CSIF, MEP Brando Benifei, Marcello Pacifico from CESI’s Italian affiliate CISAL and CESI Secretary General Klaus Heeger, the afternoon panel aimed to come up with concrete legislative, political, judicial and campaigning proposals to counter precariousness.

CESI Secretary General Klaus Heeger closed the conference, emphasising that CESI should lay its action priorities on four elements: (1) tying social protection coverage increasingly to the individual; (2) enforcing the equal treatment principle between standard and atypical work; (3) guaranteeing strong interest representation for all, ideally through social dialogue, yet subsidiarily through the defense of the individual’s interests such as through consistent judicial claims and legal assistance; and (4) striving to establishing clearer legislative frameworks.

Picture: Franca Salis Madinier, Javier Jordan De Urries, Pierre Baussand, Marcello Pacifico and Klaus Heeger © CESI 2019

CESI Secretary General Klaus Heeger said: “As a trade union confederation, it is self-evident for CESI to keep engaging in the most important regular awareness-raising campaign on healthy workplaces in Europe, and we are glad to continue contributing to healthy and safe working conditions for workers and employees in Europe.”

He added: “The current Healthy Workplaces Campaign 2018-19 on ‘Healthy Workplaces Manage Dangerous Substances’ addresses once again one of CESI’s core priorities. CESI has for long worked to promote adequate health and safety measures for all workers.

This concerns not only psychosocial risks but also the management of dangerous substances. At CESI, we believe that this Healthy Workplaces Campaign edition comes at a timely moment to complement the EU’s current legislative agenda on caps for carcinogens and mutagens at work: Legal restrictions on the exposure of workers to hazardous substances and accompanying awareness-raising projects and information-dissemination must go hand in hand.”

As a European trade union umbrella organisation and social partner, CESI contributes to the success of the healthy workplaces campaigns by reaching out to -and working with- its extensive trade union network across Europe: For a proper and responsible management of dangerous substances which puts the health and safety of workers first.

More information about EU’OSHA and its healthy workplaces campaigns

Picture: CESI award by EU-OSHA and the European Commission © EU-OSHA 2019

At the end of the day, who makes decisions in “the EU”?

If things aren’t “moving forward” in Europe, this is often not the fault of “Brussels”: indeed, it is frequently the result of the unanimity rule that applies to some political fields as per EU treaties, and which was jointly decided upon by the governments of the Member States some time ago. In such cases, if one single Member State decides not to go along with the others’ opinion, decisions are blocked. An example thereof is migration policy: European solutions often fall prey to egotistical choices. Even in tax policy (e.g. the taxation of digital multinationals and the financial transaction tax) or important elements of social policy are subject to the unanimity rule.

In confidence, Commission staff and MEPs have repeatedly told us how frustrated they are when solutions are rejected in the Council due to the decisions of a single or a handful of governments.

Towards more majority votes

This is why we urge Member States to transition towards the majority vote principle in areas such as taxation or social policy too, as opposed to applying the unanimity rule. The Lisbon Treaty explicitly allows for this. In that case, individual Member States would not be able to block important decisions at the expense of others. It is important to expressly highlight that this has nothing to do with the transfer of new competences to the EU. The idea is to enable the EU to make more efficient use of its existing competences.

National governments as a hinderance to Europe

Please note that this would not automatically enable our trade unions’ hopes to become reality. We have often witnessed situations in which ambitious Commission proposals supported by CESI have fallen through or have been watered down due to a lack of unanimity at the Council. Amongst others, during this legislative period, this has affected the revision of the Posted Workers Directive and new directives for an improved work-life balance for parents and for minimum standards for transparent and dependable working conditions. A proposal for a recast EU Maternal Leave Directive was simply ignored, until the Commission withdrew its proposal in frustration.

As a result, we must defend “the EU”. In many areas, admirably, the European Commission and the European Parliament have tried to design a more social Europe. So instead of placing all the responsibility on the EU, we should consider the responsibility of government representatives from Budapest, Prague and Warsaw, as well as from Paris, Rome and Berlin.

Torn between ambition and lack of initiative

On the other hand, CESI is also disappointed that the European Commission stands in the way of a more social Europe on other fronts. The “new start” for social dialogue in Europe which was announced after the last European elections has been a failure. Calls to Member States to encourage greater investment to pour more money into education, healthcare systems and public administrations and remedy investment shortfalls have been largely unsuccessful.

And our demand for the completion of economic and financial policies of the open European Single Market with its four fundamental freedoms (free movement of goods, people, services, capital and payments) by a true social dimension, in order to fight the loopholes permitting abusive working and employment conditions, is only gradually beginning to receive concrete attention now.

Like before, we are fighting plans for the increasingly greater liberalisation in the post and transport sectors, while the Commission is finding it hard to create improved regulations for exceptions in the public sector concerning competition and state aid rules. Sometimes, less Europe can represent more Europe too.

If one thinks about the past discussions on refugee quotas or debt thresholds under the Stability and Growth Pact, one can also blame the European Commission for its attempts to resolve the issues at hand without applying the necessary political finesse and for trying to implement purely “administrative” solutions. Communication can have a social component too.

In any case, a differentiated approach to Brussels’ day-to-day politics is required in order to determine who can be held responsible for what.

Picture: Klaus Heeger, Hendrik Meerkamp © CESI 2019

On the occasion of the meeting of CESI’s Commissions on Social Affairs & Employment and Women’s Rights & Gender Equality today in Brussels, a moment of silence was held.

“On behalf of all member organisations and affiliates, who as us learned about the decease of Jean this morning, we express our deepest condolences to his family, friends and trade unionists at FISP-IFOD. As a long-standing member of CESI, Jean showed extraordinary engagement and commitment.” Klaus Heeger added: “Jean was a rock, not always an easy one, as he was standing for his convictions until the very end. He probably did that as a firefighter too, and therefore I can only say that he was a great man to have on one’s side. We will miss him dearly and our thoughts go to this family and friends.”

Through these documents, the European Commission attempts to limit indirectly the right to strike of air traffic controllers by encouraging measures such as individual notifications of strikes and a protection from strikes of 100% of overflights and air traffic peak periods. As a consequence, the ability of air traffic controllers to defend themselves and their capacity to raise their voice to maintain and improve the safety of the European sky will be reduced.

In an earlier joint study based on official EU data and entitled ‘Efficiency, capacity and growth in European aviation’, ATCEUC and ETF demonstrated that in 2015 disruptions caused by industrial actions in air traffic control (ATC) represented only 1% of the total of all delays.

ATCEUC believes that the only way to address conflicts between workers and employers is to have a proper social dialogue. Better practices have been promoted by the EU’s social partners in air traffic management (ATM) in a recent “Toolbox for successful Social Dialogue in Air Traffic Management“.

ATCEUC and ETF have launched a petition to voice their firm opposition on www.atcorights.org. We need your support!

The European Labour Authority aims to support the Member States in the application and implementation of EU law in the area of worker labour mobility. Its main duty will be to act in situations in which the smooth operation of the Single Market is at risk. It shall not only coordinate joint and concerted inspections between the Member States but also be able to launch them.

Javier Jordán de Urries Sagarna broadly welcomes the creation of the new European Labour Authority: “Social partners in the Member States will have the possibility to report both cases of known or suspected illegal practices to the European Labour Authority.

This is a new and valuable communication channel to raise concerns about cross-border abusive labour and employment conditions in Europe.”

He added: “I am particularly glad that the advisory Stakeholder Group of the new authority will be open to all European social partners and that there must be a competitive selection procedure among all European social partner organisations, horizontal and sectoral alike and regardless of their size, to distribute the ten available seats in the group, based on who is ‘most concerned’ by labour mobility challenges. It will be the authority’s Management Board to ensure a neutral and objective selection.”

CESI has been a long-standing proponent of trade unionism pluralism and inclusive social dialogue.

For more information: Trilogue agreement on February 14

Picture: CESI Employment and Social Affairs Commission President Javier Jordán de Urries Sagarna (CSIF) © CESI 2019

I welcome the outcome of these negotiations and am glad that the European Union is becoming somewhat more social. The European Labour Authority will close a gap in the world of European labour mobility, and will protect cross-border workers from exploitation by criminal networks.

These are the main characteristics of the new European Labour Authority:

The European Labour Authority aims to support the member states in the application and implementation of EU law in the area of worker labour mobility. Its main duty will be to act in situations in which the smooth operation of the Single Market is at risk. The dangers represented by shell companies, fraudulent business practices and bogus self-employment for the Single Market are listed below:

The European Labour Authority shall not only coordinate joint and concerted inspections between the member states – it shall also be able to launch them. The social partners in the member states have the right to report both cases of known or suspected illegal practices to the European Labour Authority.

The European Labour Authority’s Management Board is composed of two representatives of the Commission, one representative from each member state and one expert nominated by the European Parliament.

In addition, there will be a Stakeholder Group composed of ten representatives of the social partners as well as two members of the European Commission. Its main duty will be to provide expert advice to the Authority.

The EURES Coordination Office will be integrated into the European Labour Authority, but not the EURES cross-border partnership services. The Secretariat of the European Platform against Undeclared Work will migrate to the European Labour Authority, although the Platform itself shall remain as such.

The European Labour Authority is not intended to become an advisory centre for individuals. On this point, the EURES cross-border partnerships do valuable work, which is why their future funding must be secured.

At the same time, I must admit that the concrete set-up of the new authority does not meet my personal expectations. These were the most important concessions that the European Parliament had to make during the trilogue negotiations:

Member states that do not want to participate in the concerted or joint inspections do not have to provide a justification for their position, nor do they have to make a proposal as to how to solve the problem differently.

The European Labour Authority will not be granted the power to make political recommendations to the Commission nor to demand the implementation of proceedings in the event of contract breaches.

No social partners will be represented on the European Labour Authority’s Management Board.

All in all, the new European Labour Authority can help make it more difficult for shell companies, bogus self-employment and other fraudulent business models to circumvent the confusing regulations of the individual EU member states. I believe in the close cooperation with trade unions in order to fight dubious dealings under the veneer of labour mobility.

Picture: Terry Reintke © CESI Cornelis Gollhardt 2019

In the frame of an extensive exchange of views, the situation for employees in the public sector in Luxembourg, the economic-political situation and challenges in the European Union, the current status in the Brexit negotiations and not least the upcoming European elections of May were discussed.

Romain Wolff stressed the need to highlight the many successes of the European unification process: “We don’t have to all be hurrah European and burn EU sceptics as heretics, but we have to keep on realising how unique the unification process has been, and that, despite all dysfunctions and weaknesses, the EU is something formidable.

It is a construct that puts compromise and respect over intimidation and power. Especially for me, as citizen of a smaller country, this shall never be forgotten.”

Secretary-General Klaus Heeger stressed the importance of the public sector in Europe. “Efficient public services foster the well-being of people. They stand for freedom and non-discrimination, security and safety, education and health, labour and social protection. And they stand for a reliable and fair EU. This should not be forgotten”, Heeger stated.

Both Wolff and Heeger agreed on the need to better communicate the many success stories of the EU and not least to advertise the potential a strong Pillar of Social Rights, in Luxembourg and the other Member States.

The meeting with Prime Minister Bettel was also an opportunity to present the recently launched CESI 2019 campaign in support of the European Parliament to mobilize citizens for the May elections.

For more information:

CESI EU elections campaign: For Europe, and for a better Europe!

Picture: CESI President Romain Wolff, Prime Minister of Luxembourg Xavier Bettel, CESI Secretary General Klaus Heeger, CGFP Secretary General Steve Heiliger © CESI 2019

As a European trade union umbrella confederation, during the past months, we have accompanied this dossier very closely, in steady dialogue with the Commission and the EU Parliament, and based on our opinion submitted to the Commission consultation procedure, we strongly objected a flat-rate public sector exclusion from the scope of the Directive.

To our dismay, the EP’s first draft report foresaw a public worker’s flat rate exclusion, yet this clause has been swiftly removed, not least following strong protests by CESI. In this regard, I would like to thank the MEPs for their constant availability and attention, especially Mr Calvet, to remove such clause from the directive.

Regrettably, certain groups of workers may still be excluded from some of the provisions, e.g. civil servants, armed forces, emergency services or law enforcement services.

I remember the intense discussions at CESI about (politically realistic) exclusions which would least affect our members.

We came to the conclusions that the articles and chapters concerned should be as scarce as possible, that the groups of professions concerned should be as limited as possible, and finally that exclusion should always be based on “objective grounds”, requiring an explicit (objective) justification and the respect of proportionality.

Especially the addition “on objective grounds” was a much advocated addition from CESI, since we believed that such obligation could open a considerable room of manoeuvre for our national trade unions in order to strictly limit exclusions (regarding both the professions and the articles concerned) to cases where they are absolutely necessary and unavoidable; establishing “objective grounds” by the member states authorities may often be tricky, legally and politically.

For instance, it may be difficult to state objective reasons for a worker from the above-mentioned group – e.g. a civil servant, a police officer or even a soldier – to be excluded from the right to training (mentioned in Chapter III), as such exclusion may eventually not make sense.

On the other hand, derogations may not be totally unfounded either, if you think for instance of a longer probationary period for judges. (However, particularly in this latter case, it appears as an overzealous precaution to exclude groups of workers from the chapter, if the Member States maintain the possibility to extend the duration of the probation period for certain workers).

Altogether, we can, therefore, deplore that the current agreement does not totally reflect our expectations. But it is a political realistic compromise that draws limits to exclusions and opens major rooms of manoeuvre for trade unions at the national level, in particular when moulding it into national law.

Despite all pros and cons: This directive should pave the way for more secure (not only transparent) and predictable work, and will allow more determined action against precariousness in all forms of employment.

And this, we can only welcome with the expectation that this provisional agreement will be adopted definitively as quickly as possible.

Because all workers count!

For more information:
Provisional agreement on a new Directive to create more transparent and predictable working conditions
CESI contributions to the first phase social partner consultations on access to social protection and a possible revision of the Written Statement Directive
CESI contributions to the second phase social partner consultations on access to social protection and a possible revision of the Written Statement Directive

Picture: CESI Employment and Social Affairs Commission President Javier Jordán de Urries Sagarna (CSIF) © CESI 2018

The work priorities were set for all of CESI’s Commissions and Trade Councils against the background of the general agenda of the European institutions and the CESI General Secretariat. The further implementation of the European Pillar of Social Rights and the broader ‘Future of work’ agenda will be fundamental priorities for all sectors.

The individual Trade Councils and Commissions will in particular focus on the following topics:

• Commission ‘Employment and Social Affairs’: EU directive on transparent and predictable working conditions, implications of Brexit on jobs and employment in the Member States; future strategic orientations of trade unionism and trade unions in the remit of Work 4.0; European Parliament election campaigning (together with the Commission ‘Women’s Rights and Gender Equality’)

• Commission ‘Women’s Rights and Gender Equality’: Gender-neutral digitalisation, effective right to part-time work (and return to full employment), professional glass ceilings for women, gender pay and pension gaps, mobbing and harassment at work, protection and labour market integration of women migrants

• Trade Councils ‘Central Administration and Finances’ and ‘Local and Regional Administration’: Third-party violence against administration personnel, improvement of employment and working conditions in the public services, fighting tax fraud and tax avoidance

• Trade Councils ‘Justice’ and ‘Security’: Safety equipment for justice and security sector personnel, third-party violence against justice and security sector personnel, adverse effects of privatisation of prisons on employment in the sector

• Trade Council ‘Education, Training and Research’: Improvement of employment and working conditions in the education sector, consideration of teachers in the European Education Area 2025

• Trade Council ‘Health Services’: Impacts of Brexit on health professionals of EU Member States working in the UK; safety aspects of healthcare professionals in the preparation and administration of dangerous medicines

• Trade Council ‘Post and Telecoms’: Implementation of the new EU Regulation on cross-border parcel delivery services; evaluation of the EU postal services direcitve

• Trade Council ‘Defence’: Establishment of a social dimension in the Permanent Structured Cooperation (PESCO) in defence

Further information is available in the dedicated website section on each of the Commissions and Trade Councils.

As in every year, CESI’s Trade Councils and Commissions will each meet up to two times in 2018, hearing and discussing with a variety experts and representatives from think tanks, academia and the EU Institutions. As such, the Commissions and Trade Council play an instrumental role in CESI’s interest representation and advocacy work.

Picture: CESI Programme Commission © CESI 2019

Against the backdrop of digitalising work patterns, manifested also in the growth of the platform economy, CESI and the Saxony Liaison Office Brussels hosted a debate with stakeholders, practitioners and politicians on the role of interest representation and trade unions in the digital economy.

An expert panel with practitioners, stakeholders and politicians

Following a welcome address by Hartmut Mangold, State Secretary at the Saxon Ministry for Economic Affairs, Labour and Transport, Mehtap Akgüç, research fellow at the Brussels-based Centre for the European Policy (CEPS) think tank presented the findings of her latest study on industrial relations and social dialogue in the age of the collaborative economy which CESI was involved in as one of the partners.

This was followed-up on by a panel debate with practitioners, stakeholders and politicians:

• Hartmut Mangold
• Agnes Jongerius, a longstanding Dutch trade unionst and since 2014 an engaged MEP for a regulation of employment in the digital economy

• Filippo Chiricozzi, co-founder of the Italian food delivery platform ‘Moovenda’ which has been recognised for its efforts to ensure decent work through employee contracts with minimum remuneration and social security
• Lorenzo Repetti, adviser at the European Trade Union Confederation (ETUC) which has been running first projects to reach out to and represent digital and platform economy workers

During the debate, fundamental questions were addressed relating to how employment in the digital economy can be regularised and how trade unions could become involved in this process and increasinly represent digital workers, such as:

• At which level should decent work and adequate social protection for those in the digital and platform economy be ensured? Via social and employment standards set by the legislator, via social partners and trade unions, or a combination of both?
• Can trade unions open up to digital workers, which are often technically self-employed?
• To what extent do digital workers feel the need to be represented by trade unions? What services do trade unions need to offer them to become attractive in case social dialogue is not a practical format for interest representation in the sector?

During the debate it emerged that flat-rate and general answers are difficult given the fragmentation and variety of facets governing the digital work sector. At the same time, it became obvious that there is a clear need for the legislator to set effective minimum standards for decent work in the sector. It was specified that there is a particular case for EU measures, given that the digital economy takes place ‘in the cloud’ and across different jurisdictions and Member States and that in this context EU legislation would complement the single market, at least partially, with a much-needed social dimension.

It was added that trade unions can play an important supportive role in this and open up, where possible, to digital workers and represent them. It was stressed that becoming (more) attractive for digital workers trade unions would require new services beyond social dialogue, including individual legal assistance, advice on income and social security and support for a self-organisation in online platforms. As CESI Secretary General Klaus Heeger put it in his concluding remarks: “The digital work sector is growing and suffers from a lack of representation. This means that there is a big playing field for trade unions, in particular against the background of ageing and decreasing memberships that many trade unions suffer.”

Picture: CESI@noon © CESI 2019

The financial players involved belonged to the shares markets, both before (Cum) and after (Ex) the maturity date for the payment of dividends. The losses allegedly total 55 billion Euros, of which 31.8 billion in Germany, 17 billion in France, 4.5 billion in Italy, 1.7 billion in Denmark, 201 million in Belgium and 10 million in Luxembourg, where only one case has been revealed so far.

In order to make their profits off the back of State treasuries, the fraudsters used two methods: either they applied the exemption of withholding tax on dividends (in the case of high-value shares) followed by a request for reimbursement, or they applied they settled the withholding tax on the dividends, followed by one or several requests for its reimbursement. The short selling of shares by means of forward contracts when the payment of dividends did not allow the tax officials to identify who had paid the withholding tax on dividends and who was entitled to a reimbursement thereof. These reimbursements, however, were only permitted upon the presentation of a bank certificate justifying the equity portfolio, and if applicable, the payment of the withheld sums on the dividends. Therefore, the role played by the fifty-odd banks involved in the scandal is significant.

As member of the Platform for Tax Good Governance assisting the European Commission in its tax policies, we urge the judicial authorities of the countries concerned by the “Cum-Ex” case to shed light on these fraudulent procedures, and that the shareholders, company managers and bank should be investigated. We demand that the political authorities, tax authorities and institutions responsible for monitoring banks to modify the legislation and internal audits, so as to prevent such acts in future.

In difficult times for public finances in European countries, it is necessary to ensure that the social budgets are met and stop public funds from being misappropriated and pocketed by shareholders.

Picture: Fernand Muller © UFE 2019

‘Precarious work and lack of access to social rights:
The particular case of fixed-term contracts’

Tuesday, March 5 2019 – 10.00 to 15.00
Light lunch 12.00-13.30

European Economic and Social Committee (room VMA 3), Rue van Maerlant 2, 1000 Brussels

The current initiatives under the Pillar of Social Rights show an increased determination to fight precarious work and improve access to social rights. In particular, the recent proposals on access to social protection, transparent and predictable working conditions and better work-life balance point undoubtedly into the right direction.

However, more reflection is needed to fully understand the link between precarious work and the lack of access to employment protection and labour law, interest representation and social protection. Many workers find themselves in a catch-22 situation, accepting any kind of atypical form of employment in order to avoid the downsides of unemployment, yet risking to end up having even less access to social rights by choosing this ‘compromise’.
The European Confederation of Independent Trade Unions (CESI) and the European Economic and Social Committee (EESC) invite you to a stimulating discussion on the impact of precarious work on access to social rights.
The event also aims at responding in particular to the concerns of various trade union representatives from all over Europe faced with the particularity of precariousness at work in the form of (repeated) fixed-term contracts.

Register for the event here

Opening 10.00

Romain Wolff, President, CESI

Marie Lagarrigue, Deputy Head of Unit, Unit EMPL.B2., Directorate General for Employment, Social Affairs and Inclusion

Javi López, Member of the European Parliament (S&D, ES)

Franz Eiffe, Researcher, Eurofound

10.30-12.30 – Panel 1

The link between precarious work and the absence of social rights: Type of gaps and interplays

Christian Moos, Divisional Director of European and International Affairs, German Federation of Civil Servants (DBB, DE), Member of the EESC

Lucie Davoine, Policy Officer, European Commission

Laura Agea, Member of the European Parliament (Europe of Freedom and Direct Democracy Group, IT)

Matthäus Fandrejewski, CESI Youth Representative

Closing remarks panel 1

Luca Jahier, President of the European Economic and Social Committee (EESC)

12.30-13.30 – Light lunch & coffee break

13.30-15.00 – Panel 2
Concrete proposals for improving protection, security and social and economic stability

Franca Salis Madinier, Member of the Workers’ Group, EESC

Brando Benifei, Member of the European Parliament, (S&D, IT)

Javier Jordan de Urries Sagarna, Independent Trade Union of Civil Servants (CSIF, ES)

Marcello Pacifico, President of the Professional Trade Union Association (ANIEF, IT)

Klaus Heeger, Secretary General, CESI

Moderator
Pierre Baussand, Head of the Brussels Liaison Office, Eurofound

Conclusions
Klaus Heeger, Secretary General, CESI

The Davos Forum has been intensively criticised since its creation in 1971 for being too elitist and for show-casing the will of the few (the financial elite of the world) to the detriment of other stakeholders and social partners. Although the list of participants has been recently diversified to include also civil society, social actors, academia and media, the Forum continues to give a voice to just the few, while disregarding the huge social disparities worldwide and the majority of the population concerned. As the prime minister of Canada Justin Trudeau mentioned in his 2018 Davos address: “We cannot neglect our responsibility to the people who matter most – to the people who aren’t here in Davos and never will be.”

This being said, it is important to acknowledge the role that illuminated leadership can have in the world and what change could be brought forward if ideas, resource and political will are brought together. The Davos encounters are unique because they facilitate public-private partnerships and they showcase a different outlook on issues such as growth, welfare and sustainability.

They foster innovation, but at what expense? For example, it is worth mentioning the approach to growth of New Zealand’s Prime Minister Jacinda Ardern:

“GDP may say your country is thriving, but it’s not thriving if it’s also degrading the environment and contributing to CO2 emissions. (…) “This year, for the first time, we will be undertaking a wellbeing budget, where we’re embedding that notion of making decisions that aren’t just about growth for growth’s sake, but how are our people faring. How is their overall wellbeing and their mental health [and] how is our environment doing? These are the measures that will give us a true measure of our success.”

This perspective should be promoted more. “A stronger voice should be given to social actors and trade unions at Davos”, CESI Secretary-General Klaus Heeger comments. “We know by now that equality is an important element for growth and sustainability. Let’s see how to achieve it more.” After experiencing the Gilet Jaunes protests against an increased government-tax on fuel it is clear that balancing labour, taxation and income distribution is very difficult. Precisely for this kind of reasons CESI President Romain Wolff supports “the idea of more trade-union representation of workers in all forms of dialogues and negotiations in order to reach more consensuses and goals.”

CESI continues to follow the agenda-setting taking place each year in Davos and calls for more substantive discussions on matters of general interest such as social dumping, precarious work and persistent broader socio-economic and gender inequalities.

Picture: Davos sun © weflive.com 2019

Klaus Heeger stressed: “The future challenges are tremendous! If we miss the train now, it will be too late. We are therefore very pleased by the endeavour of the European Commission to place education at the top of the EU agenda”.

Despite education being mainly a national competence, CESI has always advocated a strong European commitment for the quality of training and education. “The technological revolution leads to a gigantic societal upheaval which will not only require totally new skills, but an increased need for orientation, values and identity. This challenge cannot be tackled at the Member State level alone and the Commission can count on our assistance”, Klaus Heeger said. “In the end, it will be about investments in education and the unconditional valorisation and support of teachers and schools!”

The Commission’s package entails a series of measures aimed at strengthening key competences, digital skills, and the European dimension of teaching. More specifically, it consists of three initiatives:

• a Council Recommendation on Key Competences for Lifelong Learning which updates the 2006 Recommendation on Key Competences, giving further emphasis to transversal skills like civic and entrepreneurship competences;
• a Digital Education Action Plan which sets out the priorities of making better use of digital technology for teaching and learning, and developing relevant digital skills and competences; and
• a Council Recommendation on common values, inclusive education and the European dimension of teaching which recommends Member States a.o. to take steps to boost citizenship education, critical thinking and media literacy skills. This recommendation is the result of a public consultation carried out last summer in which CESI took part.

One of CESI’s 2018 sectoral focus lies on education. Among others, an EU-financed project shall aim at establishing key demands for a better valorisation of teachers and training and education institutions.

Picture: European Education Area 2025 visual © mnsociety.live 2018

The Swiss federal government is considering a corporate tax reform in order to fulfil the international tax requirements. However, with good reason, the government is meeting strong resistance from trade unions and civil servant organisations.

The federal government’s proposal aims to lift the privileges awarded to foreign income, while at the same time massively lowering the tax burden of all businesses by means of tax policy measures and a steep drop in corporate income tax rates in the cantons. By proceeding in this manner, the government hopes to prevent businesses that benefited from former tax regulations from moving out of the country.

Tax deficit estimates predict drastic funding problems in public services. The tax deficits resulting from the tax policy measures and drop in corporate income tax across all cantons and on the federal level are estimated to be over 4 billion Swiss francs (ca. 3,5 billion euros).

It is hard to imagine the consequences of this deficit on the funding of public services in Switzerland.

The Zentralverband (ZV) Öffentliches Personal Schweiz welcomes the elimination of harmful tax practices (tax privileges) in corporate taxation, but it stands against the planned drastic cut to corporate income tax rates. The ZV believes that the ensuing tax deficit will be the result of an irresponsible decision.

The Swiss are critical of corporate tax reforms

Many political parties and civil servant trade unions have already fought this ‘Corporate Tax Reform III’ proposed by the federal government by means of a popular referendum. With President Urs Stauffer at its head, the Zentralverband Öffentliches Personal Schweiz has been on the frontline of this fight.

Swiss voters clearly rejected the Corporate Tax Reform III with a 59.1% NO vote. In addition to tax regulation reforms made on the federal level, the cantons are allowed to adapt the corporate income tax rates on the basis of their fiscal sovereignty. The Canton of Bern was one of the first cantons to cut corporate taxes by over 20% by means of a corporate income tax reduction. In this case too, public service trade unions fought against this move alongside politicians by organising a referendum. The population followed suit by voting against the amendments to the tax laws in the Canton of Bern with 53.6% of voters rejecting them. Here too, the President of the Zentralverband Öffentlichen Personals Schweiz did a lot of political and communication work to convince the public.

In May 2019, there will be another national referendum against a new harmful ‘TP17/TRAF’ tax proposal.

Towards higher taxes and worse public services for cititzens

The combination of the tax policy measures defined by the federal government and the cantons’ corporate income tax cuts will hit towns and cities the hardest.

By means of estimates for the town of Biel, calculations show that the tax policy measures under the TP17/TRAF tax proposal combined with the canton’s corporate income tax cut affecting legal persons (businesses) will lead to a tax deficit of 50%, i.e. between 12 and 15% of the overall tax revenue.

Direct taxes are fundamentally important for the budget of towns and cities. It will be practically impossible to finance the town of Biel as before in a few years due to the predicted tax losses.

The same will happen to other Swiss towns and communes that have invested millions to attract companies – mainly through taxing the citizens – and create thousands of jobs, in the view that the corporate taxes would balance the initial investments out.

The consequences of this tax policy influenced by the federal level will lead to cuts in public services, a deterioration of quality of life linked to tax hikes – which will mainly have to be supported by the citizens.

In the future, the citizens will not approve of investments related to corporations if school and playschool infrastructures cannot be maintained, if there are cuts in the cultural field, or if open-air or public pools have to be closed.

Not only must the cantons’ tax law reforms leading to corporate income tax cuts be fought against, it is necessary to resist the Federal Government’s TP17/TRAF tax law proposal which paves the way for the cantons’ tax law reforms.

The Zentralverband Öffentliches Personal Schweiz and its President Urs Stauffer must once again commit fully to this struggle.

The ZV Öffentliches Personal Schweiz is a member organisation of CESI and its President Urs Stauffer the current Treasurer of CESI.

A video clip with an interview with Urs Stauffer, produced by the Swiss Jusos, is available here.

Picture: Urs Stauffer © ZV 2019