Setback for social dialogue in wake of parental leave deal

Date: 09/11/1995

By Michael Mann

HOPES that the agreement struck this week between the social partners on parental leave could herald a new era in EU industrial relations have suffered a setback.

News of the breakthrough on parental leave was followed swiftly by confirmation from UNICE, the European employers' federation, that it would not enter negotiations under the social dialogue on plans to move the burden of proof in sex discrimination cases from the employee to the employer.

The federation's decision suggests that the road ahead may be fraught, despite the historic agreement by the social partners to guarantee workers in all member states except the UK a minimum of three months' unpaid parental leave, regardless of sex.

UNICE and trades union confederation ETUC are still working on their responses to the Commission's consultation document on granting equal employment rights for 'atypical' and part-time workers.

But UNICE's conclusion that the burden of proof question falls outside the competence of the social partners means that the most likely move now is for the Commission to come forward with a proposal for a directive. Under the Maastricht Social Protocol, this would have to be agreed by ministers by qualified majority excluding the UK.

Sceptical observers also believe that the divergence in views between the social partners will make a negotiated deal on part-time work much more difficult to achieve than this week's agreement.

Commission officials welcomed the outcome on parental leave as an “historic agreement”. They pointed out that what had been agreed looked very similar to the Commission's original proposal, although it did not cover leave arrangements for other, non-family reasons.

In practical terms, it will have little concrete effect, as all the signatories to the Social Protocol have statutory parental leave arrangements already, with the exception of Ireland and Luxembourg - and the United Kingdom.

Under the Maastricht Treaty, the text agreed by the social partners will now be transmitted to the Commission, which must put it to social affairs ministers. They must either accept it as it stands or reject it totally.

Before this can happen, UNICE must approve the text at its Council of Presidents on 4 December. The ETUC's executive committee is due to meet on 14-15 December, but is considering calling an extraordinary session to discuss the agreement.

An official at ETUC said: “I would like to see the government who would dare to say no. That would put dynamite under Maastricht.” A UNICE official was confident that ministers would have no difficulty accepting the arrangement, “as it was negotiated by those representing the people affected by it”.

Because of the UK's 'opt-out' from the Social Protocol, it is, in theory, not covered by the terms of what has been agreed on British soil. But UK-based multinationals with branches in mainland Europe will have to comply with the agreement at plants and offices in other member states. This has fuelled union confidence that firms will begin voluntarily adopting the new rules in the UK as well, as happened with European works councils.

According to the ETUC, “a basic dynamism was generated by the talks on works councils, and this deal now represents a further big step on the road to European collective bargaining”.

The difficulties over sex discrimination and part-time work suggest that such confidence is misplaced for the time being.

Under the parental leave deal worked out after months of negotiations, workers in all member states except the UK would be entitled to three months' unpaid leave after the birth or adoption of a child or “for urgent family reasons”.

The agreement is flexible over provisions for small companies and whether employers would be permitted to postpone leave for operational reasons.

Room has also been left for the exact conditions to apply in each member state to be decided independently by governments or collective bargaining in every country.

Once the period of leave is over, workers would have the right to return to the same job or “an equivalent or similar job consistent with their employment contract or relationship”.

Countries which have more generous provisions for parental leave than those agreed this week would be able to maintain their existing legislation.