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Newsletter June, 2023

European Parliament adopted a resolution on strengthening social dialogue

June, 2023
  • On 1 June 2023, the European Parliament adopted a resolution on strengthening social dialogue.
  • It follows the European Commission’s announcement on 25 January 2023, of a review of the rules on the organisation of the European Sectoral Social Dialogue Committees.

European Union Member States: New framework agreement on cross-border teleworking in the field of social security

June, 2023
  • EU Member States have drawn up a new framework agreement to regulate cross-border teleworkers' social security position.
  • This agreement clarifies which conditions workers working in another Member State other than the one in which their employer’s premises can still be covered under the employer’s country social security system.
  • It enters into force from 1 July 2023, for a period of 5 years and shall be automatically extended each time for another 5 years.
  • To date, the Member States that have either signed the agreement, or have indicated they will sign, are Germany, Switzerland, Czech Republic, Liechtenstein, Belgium, Luxembourg, Austria, Slovakia, Ireland, Lithuania, Estonia, Norway, Malta, Portugal, and Poland.

European Union Court of Justice (CJUE): Decision on the use of annual leave

June, 2023
  • On 8 June 2023, the Advocate General of the European Court of Justice (CJEU), in case C‑218/22, ruled that Member States may limit the monetisation of paid annual leave not taken at the end of the employment relationship. 
  • Member States may impose conditions on workers exercising the right to annual leave to encourage their actual use instead of their monetisation.
  • The preference for the actual taking off paid annual leave is justified by the institution's purpose, which is to allow the worker to rest from the performance of the tasks assigned to him under his employment contract and benefit from a period of relaxation and recreation.

Germany: a decision on agency work after the preliminary ruling of the European Court of Justice

June, 2023
  • On 31 May 2023, the German Federal Labour (Bundesarbeitsgericht) rejected the claim of a German agency worker. It confirmed that the German collective labour agreement aligns with the EU Directive on temporary agency work.
  • It follows the preliminary ruling of the European Court of Justice of 22 December 2022 case C-311/21. 

European Council: Common position on platform workers

June, 2023
  • On 12 June 2023, the EU Council agreed on the proposal for a Directive onimproving the working conditions in platform work and on a general approachThe proposal introduces two key improvements. It supports the determination of the correct employment status of digital platforms workers and establishes the first EU rules on the use of artificial intelligence in the workplace.
Newsletter May, 2023

Impact of climate change and climate policies on living conditions, working conditions, employment, and social dialogue: A conceptual framework (Eurofound research paper)

May, 2023
  • On 12 April 2023, Eurofound published a new research paper on the impact of climate change and policies to manage the transition to a carbon-neutral economy on employment, working conditions, social dialogue, and living conditions.
  • It also identifies the opportunities and risks climate change policies bring to European labour markets.

Costa Rica: a decision on platform workers’ relationship

May, 2023
  • On 13 April 2023, the Labour Court of San José stated that an employment relationship existed between Uber and a driver who provided his services for Uber from February 2017 to December 2022.
  • Uber has to pay the driver the corresponding sums for vacations, Christmas bonuses, and social security during employment.
  • The judge rejected the driver's claim on the right to overtime compensation, as Uber did not impose the hours, which were decided by the driver.

European Commission published the annual report on intra-EU labour mobility 2022

May, 2023
  • On 5 April 2023, the European Commission published the 2022 annual report on intra-EU labour mobility, which identifies trends in the free movement of workers.
  • The 2022 edition focuses on cross-border workers in the EU and EFTA, on the one hand, and mobility of persons with specific occupations.

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