National labour laws
Each European country operates a distinct system of labour legislation and judicial enforcement. This is often closely linked to the process of collective bargaining and social partner consultation arrangements. Set out below are brief introductions to the framework of labour laws in a number of European countries followed by examples of primary legislation in English.
FedEE members have access to a more comprehensive range of labour laws
through the country law guides available in the members' area of the website.
Austria
Austrian employment law is based on a clear distinction between blue and white collar workers. A comprehensive system of collective agreements are in place and workers are obliged to belong to their local chamber of employees which provides them with free legal advice. Special courts exist to handle labour issues and there is a general ban on dispute resolution through arbitration.
Austrian EWC Law 1996
Basic law on the rights of nationals 1867 (pdf)
Protection of personal data 1999 (pdf)
return to top
Belgium
Belgium is a federal state divided into three main semi-autonomous regions - Flanders (Flemish speaking), Wallonia (French and German speaking) and Brussels (mixed linguistic communities). All competence for making employment laws lies with the federal parliament, although enforcement of these laws is primarily through locally-administered labour courts. Collective bargaining is the key mechanism by which labour standards are established and maintained. A multi-industry agreement that creates a formal framework for all collective agreements is concluded every two years. A plethora of industry agreements exist and many are extended by royal decree to become generally binding to all employers in a particular sector or geographical area.
Belgian EWC Collective Agreement 1996
New law on worker participation 2002 (review) (pdf)
Consolidated data protection law (pdf)
return to top
Denmark
Collective agreements determine most of the terms and conditions enjoyed by Danish workers. Employment laws have traditionally existed to provide a framework for collective bargaining and to reinforce the application of resulting agreements. There has, however, been a marked swing away from dependence upon social partner arrangements and towards the direct application of statutory requirements in the employment field.
Danish EWC Act 1996
The Employers' and Salaried Employees' (Legal Relationship) (Consolidation) Act
Consolidation Act on Equal Treatment of Men and Women
Danish Consolidation Act on Benefits in the event of Illness or Childbirth (2001)
Danish Consolidation Act on Social Pensions (2004)
Danish Consolidated Act on Protection against the Consequences of Industrial Injuries (pdf)
return to top
Finland
In this highly unionised country, terms and conditions are laid down within both a framework of progressive employment laws and a rolling two-yearly incomes policy agreement. All new laws are subject to extensive consultations with the social partners and collective agreements become generally effective in their sectors if deemed appropriate by a tripartite committee.
EWC Law 1996
return to top
France
The Labour Code (Code du Travail) is the primary basis for labour law. Sitting astride the code is a large body of legally enforceable rights introduced through collective and works agreements (règlement intérieur). Most employment contracts are for an open term (contrats à durée indéterminée) and a major legal distinction exists between 'cadres' (top managers) and 'employés' (lower grade staff).
French Labour Code
French EWC Law 1996
The Civil Code
New Code of Civil Procedure
return to top
Germany
German employment law is not consolidated into a single labour code. It is based instead on the service contract provisions of the German Civil Code and a plethora of individual statutes. Collective agreements have full legal status and collective labour law is one of the few areas where judicial precedent has helped to develop a systematic body of rights.
Protection of working mothers in Germany (pdf)
German health and safety law (pdf)
Occupational accident insurance (pdf)
Promotion of additional provision for old age (pdf)
The Works Constitution Act (pdf)
Federal Data Protection Act
Equal Opportunities Act
Hours of Work Act
European Works Councils (pdf)
return to top
Iceland
Although not a member of the European Union, Iceland is a signatory of the European Economic Area (EEA) agreement and therefore incorporates all EU employment and social directives into its national laws. This is the most highly unionised country in Europe and trade unions hold a great deal of political power. Special permission must be obtained from the Ministry of Social Affairs before redundancies involving four or more employees can take place. Extensive consultations must also take place with the trade unions to discover if an alternative to labour shedding can be found. Sex equality is a serious issue, both in labour relations and under Icelandic law. The same salaries must be paid for work of equal value.
Iceland Social Security Act
return to top
Ireland
Ireland owes much of its legal system to being formerly part of the United Kingdom. The Irish government generally adheres to EU social directives and was one of the first to introduce an integrated non-discrimination law giving protection to a wide range of social groups. Ongoing tripartite agreements exist to sustain growth and control price inflation. The National Labour Court may issue binding recommendations on pay and conditions in companies where trade union recognition does not exist.
Irish EWC Law 1996
Maternity Protection Act
Ireland Social Security Legislation
return to top
Italy
The Italian constitution recognises the central role of work in the social life of the country and there is a strong legal framework for working conditions, the right of association and equality of opportunity. In Italy there are many different instruments that may be used to introduce a new legal requirement - from 'Decreto Legge' that last for only three months to 'Delega Legislativa' that are frequently mistaken for full legal statutes, but are actually just blueprints for a potential law (Decreto Legislativo). On top of these parliamentary measures are regulations (regolamento) in five different forms, ranging from 'Derecto del Presidente della Repubblica', which do not require prior authorization by a law, to 'circolare', which simply instruct civil servants how to operate.
Italian EWC Multi-Industry Agreement 1996
Protection of young workers
return to top
Luxembourg
In this small, affluent state, collective bargaining is largely at a company level. The law requires companies that have over 1,000 employees or are more than 25% state-owned to appoint one-third of their board from employee representatives. Despite this, the government was reluctant to introduce the European Works Councils Directive, and has frequently been at loggerheads with trade unions about issues such as union recognition in the banking industry and working time arrangements in the hotel and catering sectors.
return to top
The Netherlands
Dutch employers are required to operate within a fairly rigid system of statutory rights and obligations. The primary source of legal rights is book seven of the Dutch Civil Code (Burgerlijk Wetboek), which contains the tenth title laying down rules concerning the employment contract. Some scope for varying employment terms exists through the oddly termed 'three-quarter coercive' statutory provisions. These permit derogation through collective labour agreements. At a further remove are 'semi-coercive' provisions where derogations may be achieved by written contractual agreements with individual employees.
Dutch EWC Law 1997
return to top
Norway
Norway is a signatory of the European Economic Area (EEA) agreement. It is a highly affluent country with a strong economic reliance on offshore gas and oil. The government operates a pact with the social partners and there is an ongoing review of working environment legislation. An important aspect of labour relations is the existence of compulsory mediation to settle disputes.
Norwegian EWC Agreement
Holidays Act 1988 (pdf)
return to top
Spain
Because of the prolonged post-war dictatorial regime of General Franco, Spain has a relatively modern constitution and highly regulated labour market. The principal basis for all employment relationships is the Statute of Workers. At the age of 18 a Spanish worker may enter into a binding contract that gives them a wide range of protection including generous compensation for 'objective' dismissal.
Spanish EWC Law 1997
Temporary Work Agencies Law
Spanish Statute of Workers (in Spanish)
return to top
Sweden
In spite of its high level of unionisation, Sweden's principal mechanism for establishing employment standards is not collective bargaining, but the law. The last national accord ended many years ago and collective agreements are now primarily concluded at a sectoral level for rolling two to three-year periods. Unlike many of its neighbours, Sweden does not operate a system that permits collective agreements to have general effect within their sector.
Parental Leave Act
Equal Opportunities Act
Swedish EWC Act 1996
Working Environment Law
Ethnic Discrimination Law (pdf)
Swedish Social Security Guide
return to top
Switzerland
The Swiss Federation consists of 23 cantons. Switzerland has achieved one of the highest standards of living in the world and the population is generally hard-working and staunchly law-abiding. Employment contracts are subject to the Swiss law of obligation. About half the working population are subject to standard contracts drawn up by either the canton governments or a professional body. It is also normal for contracts to refer to the organisation's standard statement of employment conditions. Probationary periods may operate for up to three months, after which dismissal is normally only lawful for either gross misconduct or serious economic reasons. A long-standing limitation exists on Sunday working, for which a special permit is required from the canton authorities.
Occupational Health Ordinance
return to top
United Kingdom
By continental standards, the UK operates a highly liberal labour market with the minimum of legislative intervention and administrative 'red tape'. Employment rights have taken shape around the common law of contract and onto this central pillar have been bolted a number of statutory constraints in such spheres as working time, maternity, union rights and minimum pay. The UK does not have a written constitution and its court system has grown in a rather piecemeal way. However, specialist employment tribunals are empowered to hear almost all individual disputes and they are an integrated element in the civil court structure.
Official guidance on maternity provisions (pdf)
Disability Discrimination Act 1995
Employment Rights Act 1996
Protection From Harassment Act 1997
National Minimum Wage Act 1998
Public Interest Disclosure Act 1998
Data Protection Act 1998
Employment Rights (Disputes Resolution) Act 1998
Human Rights Act 1998
The Employment Relations Act 1999
Statutory Instrument 1999 No. 3312
Statutory Instrument 1999 No. 3323
return to top
Other country laws
Cyprus
Law on European Work Councils (law 68(1)/2002) (pdf)
Czech Republic
Articles 25d to 25l of the Labour Code (pdf)
Estonia
Employees' Representatives Act
Wages Act
Greece
Greek EWC Presidential Decree
Pensions Regulation
Hungary
The Labour Code
Occupational Safety Act
Act XXI of 2003 on European Works Councils (pdf)
Latvia
Trade Unions Act
Law on European Works Councils 29 March 2001 (pdf)
Lithuania
Trade
Union Act
Employment Contract Law
Collective Agreement Law
Labour Protection Law
Malta
European Works Councils Regulations L.N. 224 of 2003 (pdf)
Poland
Collective Agreements Act
Law
on European Works Councils 5 April 2002 (pdf)
Portugal
Portuguese Draft EWC Law
Russian Federation
Collective Agreements Act
Data Protection Law (extracts)
Trade Unions Act
Slovak Republic
Slovak Labour Code
Slovenia
European Works Councils Act June 2002 (pdf)
|
