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Newsletter February, 2024

Norway: decision on working and available time

February, 2024
  • On 2 November 2023, the Norwegian Supreme Court stated that offshore workers’ so-called “available time” - when the employee is available for the employer - pursuant to their CBA does not correspond to “working hours” under the Working Environment Act (“WEA”).

EU: Provisional deal on the corporate sustainability due diligence directive reached

February, 2024
  • On 14 December 2023, the Council of the European Union and the European Parliament agreed on a text for the Corporate Sustainability Due Diligence Directive (CSDDD).
  • It requires formal approval by the Legal Affairs Committee and the European Parliament as a whole, as well as by the Council (EU governments) to enter into force. 
  • It aims to enhance the protection of the environment and human rights in the EU and globally.
  • The Commission proposal was introduced on 23 February 2022, and the Council adopted its general approach on 1 December 2022.
Newsletter January, 2024

Business Europe’s Council of Presidents Declaration

January, 2024
  • On 24 November 2023, presidents and chief executives of the member federations of BusinessEurope met in Brussels to present their priorities for the next Belgian Presidency of the Council of the European Union.

European Union: provisional agreement on the Artificial Intelligence Act reached

January, 2024
  • On 8 December 2023, the Council presidency and the European Parliament's negotiators reached a provisional agreement on the Artificial Intelligence (AI) Act. 
  • The Act aims to ensure that AI systems in the EU respect fundamental rights and values, while stimulating innovation and investment in AI in Europe.
  • Both Parliament and Council must formally adopt the agreed text for it to become EU law.
  • The AI Act should apply two years after it enters into force.
Newsletter December, 2023

European Court of Justice: Decision on Paid Leave in the Event of Sickness Absence

December, 2023
  • On 9 November 2023, the Court of Justice of the European Union ruled that Article 7 of Directive 2003/88 on certain aspects of the organisation of working time, in particular annual leave, does not preclude national rules or practices that limit the entitlement to paid annual leave once an employee has returned to work after a long period of incapacity.
  • Long periods of illness, even consecutive ones can result in a worker's absence, which defeats the purpose of the leave itself, namely to help the worker rest and benefit from a period of relaxation.
  • Consequently, on his return, the employee has no absolute right to take it.

European Court of Justice: Decision on Part-time and Accrual of Pay Increases

December, 2023
  • On 19 October 2023, the Court of Justice of the European Union, in Case C-660/20, stressed that only objective reasons can justify treating part-time and full-time workers differently.
  • The Court ruled that domestic legislation that requires part-time employees to work an extra number of hours equal to that required of full-time employees to obtain a pay supplement is contrary to EU law.
  • That provision is discriminatory as it unfavourably treats part-time employees, who must perform more extra hours of service than their full-time colleagues to receive the same additional remuneration.

Fit for 55 Climate Package: Impact on EU Employment by 2030 (an Eurofound Report)

December, 2023
  • "Fit for 55" is a policy package adopted in 2021 by EU policymakers that contains critical objectives to achieve a 55 per cent reduction in greenhouse gas emissions by 2030.
  • On 25 October 2023, Eurofound released a new report that forecasts how the “Fit for 55” policy package may affect employment in the EU by 2030.
  • According to the report, employment gains will vary widely among countries and regions depending on their reliance on carbon-intensive industries and their ability to exploit greening opportunities.
Newsletter November, 2023

European Union: Second-stage consultation of social partners on a possible action further improving the quality of traineeships launched

November, 2023

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