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25
April 2008
In April 2008 the ECJ
gave judgment in the third case - Rüffert - relating
to collective union rights in Europe. Once again human rights
and fundamental freedoms lost out to business rights in the
EU.
The ETUC response to the
two earlier ECJ judgments in December in the cases of Viking
and Laval was to pass a resolution on 4 March calling for
action to clarify the EU’s intentions about the future
of “social Europe”. The ETUC says: “One thing
is very clear: for the ETUC and its members the outcome of
these two cases represents a major challenge...And in these
cases the ECJ does not sufficiently recognise and allow trade
unions to defend their members and workers in general against
social dumping, to fight for equal treatment of migrant and
local workers, and to take action to improve living and working
conditions of workers across Europe.”
They explain the effect
of the cases like this: “Put simply, the action of employers
using free movement as a pretext for social dumping practices
is resulting in unions having to justify, ultimately to the
courts, the actions they take against those employers’
tactics.” It concludes: “It has now become urgent
for the ETUC to develop a joint and coordinated strategy with
its members.” We agree.
The Rüffert case
made matters worse. The ECJ declared that a law in Germany
providing that wage rates must be set by a collective agreement
was declared by the ECJ to be of no effect in relation to
a Polish subcontractor paying 46.7% of the wage under the
collective agreement.
In their resolution of
the 4 March, the ETUC also called for progress for a directive
for equal treatment for temporary and agency workers to help
avoid more social dumping and the apparently irresistible
drive towards lower and lower wages. In the UK the unions
are still supporting Andrew Miller’s private member’s
bill – now due in Committee in May.
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