International Human Resource Management-MJ Version

FIGURE 17.1

Industrial Relations in Europe 437

Stage I: the 1960s and early
1970s

The instruments establish-
ing and reinforcing freedom
of movement for workers,
and the co-ordination of
social security schemes for
migrant workers, occupied
the attention of the
European social legislation
until the early 1970s. The
Treaty of Rome contained a
chapter on freedom of
movement for workers,
Articles 48 ff. (new Article
39 ff.) for freedom of move-
ment, and Article 51 (new
Article 42) for social secu-
rity for migrant workers. In
1972, the basic legal frame-
work for achieving these
aims was in place. It was
subsequently to be consid-
erably developed and rein-
forced by the case law of
the Court of Justice of the
European Communities. It
also included a social chapter
(Articles 119 ff.) which made
no provision for legislative
interventions.

Stage 4: 1990–93

The signing in 1989 of the
Community Charter of the
Fundamental Social Rights
of Workers was a milestone
in the development of
social policy. A number of
initiatives followed, some of
them legislative. The action
programme based on the
charter led to the adoption
of 15 health and safety
directives, one equal

Stage 2: the second half of

the 1970s

This period is characterized

by the adoption of the first

directives on labour law,

equal opportunities for

women and men, and

health and safety at work.

The institutional framework

has remained unchanged,

but a number of events led

the European legislature to

act: for example, the oil

crisis and the first major

industrial restructuring

exercises (the first labour

law directive deals with

collective redundancies)

and the discovery, in the

mid-1970s, of the carcino-

genic effects of vinyl chlo-

ride monomer, a substance

used in the plastics indus-

try. These provisions were

based on Article 100 of the

Treaty, which enabled the

Council to adopt unani-

mously directives for the

approximation of such

national provisions as affect

the establishment or func-

tioning of the Common

market, and on Article 235c

‘for equal Opportunities for

women’ and men.

Stage 5: 1994–99

The social protocol attached

to the Maastricht Treaty pro-

vides an active role for col-

lective bargaining. It

enables the social partners

to make a direct contribu-

tion to the production of

Community social legisla-

tion. On three occasions

(parental leave, part-time

work and fixed-term con-

tracts), the directives have

Stage 3: the 1980s

This period enabled the

progress achieved in rela-

tion to equal opportunities

for women and men and

health and safety at work to

be consolidated. A frame-

work directive adopted in

1980, defining a strategy for

dealing with all physical,

chemical and biological

agents at work, was

followed by a series of

specific directives. The Single

European Act strengthened

the legal basis for health

and safety provisions. The

first indent of Article 137(1)

(ex Article 118a of the EC

Treaty) enabled the adop-

tion by qualified majority of

directives laying down

minimum requirements for

safety and health at work.

The other significant legal

innovation in the Single Act

in the social field was that

the social dialogue was

recognized at European

level (Article 118b – new

Article 139).

Stage 6: since 1999

The Treaty of Amsterdam

consolidates and signifi-

cantly reinforces the institu-

tional framework and

instruments of Community

social policy. It ends the UK

opt-out and moves Europe

forward in four areas:

employment, combating

discrimination, equal

Continued