Unite’s warning on European Court’s decision on workers’ rights
11 September 2008
Unite, Britain's biggest union, is warning that a number of
legal decisions made in Europe could have disastrous
consequences for workers' rights in Britain. At the TUC conference
today, Unite's joint general secretary Derek Simpson will call upon
the TUC to support Unite's campaign to protect UK workers from the
worst effects of globalisation.
Three decisions made by the European Court of Justice could set a
legal precedent which will give employers a 'license for social
dumping' and prevent unions from taking action to prevent the
erosion of UK workers' pay and conditions.
the ECJ cases of Viking, Laval, and Rüffert have determined that
- unions cannot take action against companies employing imported
workers at rates below those for local workers;
- workers’ rights to collective action are less important than
the market's freedom of access to cheaper workers;
- union members are prevented from being able to take collective
action to defend industry agreements; and
- outlawing action aimed at “levelling up” wage rates of imported
workers.
- The Viking case concerned the re-flagging of a Finnish ship to
Estonia with the aim of applying lower standards to the seamen on
the ship;
- The Laval case concerned the application of Latvian wages and
working conditions on Latvian workers employed by a Latvian company
on a Swedish construction site.
- The Rüffert decision means requiring compliance with collective
agreements in a procurement contract is likely to be contrary to EU
law if it exceeds the level of protection guaranteed by the Posted
Workers Directive.
Unite, joint general secretary, Derek Simpson says,
"We can not afford to underestimate the consequences of
these decisions they must be challenged."
"These cases are probably the most significant legal
decisions to affect a trade unions ability to represent its members
and protect workers' pay and conditions.
This is a complex legal matter and we need the UK government
and MEPs to work with us to ensure these decisions do not
erode the rights of UK workers."
These decisions are contrary to the ILO (International Labour
Organisation) conventions on free collective bargaining to which
the UK government is a signatory.
Contact: Ciaran Naidoo 07768 931 315
