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26/04/2007HR European news roundup - 26 April 2007

Our human resources management news roundup from across Europe from the Federation of European Employers (FedEE).

EU: New working time rules in transport sector

Statutory working time changes for road transport workers have now come into force across the European Union (Regulation (EC) No. 561/2006).

Daily working time limits of nine hours (extendable to 10 hours twice a week) remain, but drivers of heavy goods and passenger transport vehicles must no longer work more than 56 hours per week or 90 hours during any two consecutive weeks. A driver is now required to take a 45-minute rest break every 4.5 hours, although this may be split into two shorter breaks if required. Daily rest periods may only be split into two rather than three periods (3 hours plus 9 hours). Drivers must also be given 45 continuous hours off work every week, which may be reduced to 24 hours if a block of compensatory time is given by the third week after the reduction was made.

Germany: New measures aimed at older workers

On May 1st 2007, a new package of measures aimed at improving the employment chances of older workers comes into force in Germany.

Workers aged 52 or over who have been unemployed for at least four months may be hired on fixed-term contracts of up to five years' duration. Workers aged 50 or over who have been on the unemployment register for a similar period may qualify for a 'combination wage' subsidy if they take a new job (for at least 12 months) that pays less than their previous job. The subsidy amounts to 50 percent of the difference between their new and old salaries for the first year of employment and 30 percent for the second year. During this two-year period, the state will subsidise their pension contribution to at least 90 percent of its previous level.

Support for the training of older workers is also extended. The age threshold for coupons giving free access to training courses has been reduced to 45 from 50 years in companies employing up to 250 people (previously 100). However, coupons may only be used if the employer undertakes to pay the employee's normal salary during the training period.

Sweden: Clampdown on short-term sickness absence

A bill has been submitted to the Swedish parliament that would, if approved, give employers the right to require employees to provide a doctors' note from the first day of absence.

Around 18 percent of the Swedish workforce is currently receiving sickness benefits or early retirement benefits due to disability. The current system requires employers to pay sickness benefit for the first two weeks of absence at 80 percent of an employee's normal remuneration up to a common capped rate.

The Netherlands: Liability for injury of homeworker

A recent ruling by the Amsterdam appeal court in the Netherlands
has raised a number of concerns for employers with home-based
staff.

The case concerned a female part-time employee hired by Dutch
pension fund PGGM. The employee had used an old door as a table
upon which to place a computer supplied by her employer and had
worked whilst seated on a kitchen chair. After two months she
stopped work complaining of RSI in both arms. Nine years later,
her RSI condition had not improved and, according to the court,
the company was liable for her job-related disability.

This ruling underlines the importance of developing a detailed
teleworking policy that includes a description of an
appropriate workspace and ergonomic aspects of all furniture
used, together with a requirement for a home visit by a safety
officer before work may commence.

Other European news in brief

Belgium/ France:

The Belgian and French governments have agreed new tax rules for cross-border workers. If the agreement is ratified by each country's legislature later this year, Belgian residents working in France will be taxed in France instead of their home country. French residents currently working in Belgium, however, will be subject to transitional arrangements and they may continue to pay their income tax in France until the year 2032. All French residents becoming cross-border workers after 2008 will have to pay income tax in Belgium.

Croatia:

The Croatian constitutional court has ruled that different retirement ages for men and women under the state pension system contravene articles 14 and 55 of the constitution. The current retirement age for men is 65, whilst for women it is age 60. The court has given the government until 2019 to rectify this difference.

Irish Republic:

The powers of the Irish pensions board have been significantly increased under the recent Social Welfare Law Reform and Pensions Act. If enacting regulations are adopted on schedule, the board will by the end of this year have the power to issue on-the-spot fines without taking offending parties to court. The fines are likely to be capped at 2,000 euros, but will not be payable from fund assets.

Russian Federation:

Russia's Federation Council (upper house of parliament) and state Duma (lower house of parliament) have approved a bill to increase the minimum monthly wage from 1,100 roubles (31.41 euros) to 2,300 roubles (65.67 euros) on September 1st 2007. The bill also raises the level of fines for employers found to be paying wages below the minimum rate.

Scotland:

The Scottish parliament is already thinking of Christmas. It has just passed a bill that will ban shops with more than 3,000 sq ft from opening on Christmas Day. The restriction will not, however, apply to public houses, restaurants and motorway service stations. MSPs also voted in support of a new code of practice to protect workers from undue pressure to work on New Year's Day.

Slovenia:

A number of amendments to Slovenia's Worker Codetermination Act have just entered into force. The reforms will dramatically alter the composition of both single and two- tier corporate structures because employees must now elect at least one-third of all seats on management and supervisory boards. Although the new employee directors may take part in all board decisions they cannot be appointed to the position of management board president.

UK:

The United Kingdom's Gangmasters Licensing Authority (GLA) has intensified its investigations within the food industry. Seven labour providers in the sector have had their licenses revoked during the last six weeks and a further 20-30 labour providers are currently under investigation. The GLA believes that 2,000 labour providers currently operate in the UK, although it has issued only 953 licences.

Source: The Federation of European Employers (FedEE) http://www.fedee.com

[Copyright: FedEE Services 2007]

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