European labour law

European labour law sets important rules about jobs and working conditions across the European Union and other countries that follow the European Convention on Human Rights. These rules help make sure that workers are treated fairly and have a chance to share ideas at their workplaces. They are a key part of what is called the European social model, which aims to balance economic growth with good treatment of workers. Unlike in places like the United States, European countries often have different levels of job protection and benefits, but they all try to keep standards that support workers.

The European Union has the power to make laws in several areas of labour under the Treaty on the Functioning of the European Union, article 153(1). However, it cannot set rules for wage regulation or collective bargaining. The main areas where the EU creates rules include individual rights at work, anti-discrimination regulations, the right to be informed and have a say in workplace decisions, and job security. Importantly, EU laws set a minimum level of rights, and each country can choose to give workers even more benefits.

The basic idea behind labour law is that because workers and employers do not have equal power when making agreements, there need to be special rules to protect workers. These rules help make sure that people can earn a living and take part fully in society. The European Union’s approach is based on ideas from the Community Charter of the Fundamental Social Rights of Workers 1989, which was part of the Treaty of Maastricht. This means that workers across Europe have certain fundamental rights that cannot be taken away.

History

The idea of allowing people to work across European countries started with the first European Economic Community agreement. Over time, rules about work rights grew slowly. Early on, a report in 1956 thought work rules didn’t need to be the same everywhere, but it did say men and women should be treated equally. Later, people realized that without good work rights, companies might move jobs to places with lower wages, which isn’t fair.

The Treaty on the Functioning of the European Union lists what the European Union can do to help workers. It focuses on keeping workplaces safe, good working conditions, helping workers when they lose jobs, and making sure workers have a say in what happens at their jobs. It also aims to treat everyone equally and help those who find it hard to get work. These ideas come from many other agreements and groups that care about workers’ rights.

Labour and human rights

The European Social Charter 1961 art 2(1) requires "the working week to be progressively reduced" with "increase of productivity". The Working Time Directive 2003 requires at least four paid weeks of holiday a year. With two-day weekends, most people in the EU work two-thirds of the year or less.

European labour law helps make sure that people who work in the European Union have fair rights and good conditions. It sets basic rules so that all countries in the Union can keep their workplaces safe and fair. These rules help protect workers and make sure they are treated well, no matter where they live or work.

The law includes important ideas like getting a written contract when you start a job, having enough rest and holidays, and getting time off when you have a baby or need to care for someone. It also makes sure that workers are safe and healthy at their jobs. These rules help make life better for everyone who works hard in Europe.

Collective representation

The European Union (EU) doesn't make laws about group talks between workers and bosses, but it must follow rules set by the European Court of Human Rights about freedom to join groups.

A majority of EU countries have legislation, including the Oxford University Act 1854, which protect employees' right to vote for a corporation's management. This is reflected in the Employee Involvement Directive 2001 for European Companies.

When a company decides to follow EU rules instead of its country’s rules, workers must still have a say in how things are run, just like they did before.

Big companies with many workers must let workers choose people to talk about important issues, and there are special rules to help workers have a voice across different countries.

Even though the EU doesn’t make laws about group talks, courts have said that workers have the right to work together and even to stop working if needed, as long as it’s fair. This can sometimes clash with rules that help businesses grow and move around.

Equality

The European Union has important rules to make sure everyone is treated fairly at work. These rules help protect people from unfair treatment based on things like gender, race, religion, age, or disability. For example, the Race Equality Directive 2000, Equality Framework Directive 2000, and Equal Treatment Directive 2006 make it clear that everyone should be treated equally, whether they work full-time, part-time, or on a temporary basis.

These rules also cover people who might not have regular, full-time jobs. Laws like the Part-time Work Directive 1997, Fixed-term Work Directive 1999, and Temporary Agency Work Directive 2008 say that part-time, temporary, or agency workers should get fair treatment, such as proper pay and working hours, even if their job isn’t permanent.

EU law Court of Justice Kücükdeveci v Swedex GmbH & Co KG Race Equality Directive 2000 Equality Framework Directive 2000 Equal Treatment Directive 2006 Part-time Work Directive 1997 Fixed-term Work Directive 1999 Temporary Agency Work Directive 2008 TAWD 2008 Part-time Workers Directive Temporary and Agency Work Directive

Job security

Minimum job security rights are provided by three important rules. These rules help make sure workers know what to expect if their jobs change or their company runs into trouble.

When a company plans to cut jobs, there are rules about how much notice workers must get and how they should be talked to before changes happen. If a workplace is sold to a new company, workers keep all their rights and pay unless there is a very good reason not to. If a company cannot pay its debts, there are rules to make sure workers still get the money they are owed.

The European Union tries to help create jobs and good working conditions, but it does not control money directly. Instead, it works with countries to share ideas and support better rules for workers.

Gig economy legislation

In December 2021, the European Commission shared new rules to help gig workers. These rules aim to make sure gig workers earn a minimum wage and can get sick pay, holidays, and basic job rights. When this news came out, the stock prices of companies like Deliveroo, Just Eat Takeaway, and Delivery Hero went down.