Union leader warns of legal action over proposed changes to working hours
The Industrial Union of Mining, Chemicals, and Energy (IG BCE) has announced potential legal action against a reform of the Working Hours Act, citing concerns for worker protection and safety, especially for those not covered by collective agreements [1].
Michael Vassiliadis, head of the IG BCE, has threatened to take the issue to both German and European courts if the reform is implemented. Vassiliadis argues that the existing flexibility in the industry has already been maximized, and further changes could risk increasing workplace accidents, particularly in high-risk sectors like mining and chemicals [1].
Studies suggest that the risk of accidents rises significantly after the eighth hour of work, and the IG BCE believes that the reform does not take into account these safety concerns associated with extended working hours [1].
The proposed reform aims to flexibilize working hours in the industry, but Vassiliadis has rejected it, stating that changes to collective agreements have no impact on the current situation [1]. The IG BCE is advocating for a balanced approach that prioritizes both industry needs and employee safety and well-being.
The IG BCE's legal challenge could lead to a potential national vs. European law conflict, as German courts would need to interpret the reform’s conformity with German labor law and the constitution, while European courts could be asked to assess if the reform aligns with EU labor laws and directives concerning maximum working hours and worker safety [1].
Legally, this challenge could raise questions about the compatibility of the reform with existing labor protections, health and safety standards, and European labor directives. If evidence of increased risk of accidents after eight hours is substantiated, courts might consider whether the reform violates occupational health and safety standards at national or EU levels [1].
Since IG BCE emphasizes protection for employees not covered by collective agreements, there could be legal scrutiny on whether the reform disproportionately disadvantages vulnerable workers, raising possible issues of labor rights discrimination [1].
A court ruling could set a precedent on how flexible working arrangements and work-life balance are balanced against traditional work hours, impacting future labor reforms across Germany and possibly the EU [1].
The IG BCE's threat to challenge the Working Hours Act reform implies a potential legal battle that could slow or alter the implementation of the reform, and the courts’ rulings would elucidate how labor flexibility reforms reconcile with worker protections under German and EU legislation [1].
[1] Source: Various news articles and reports on the subject.
Other industries, such as mining and chemicals, might face increased risks in workplace accidents if the Working Hours Act reform is implemented, as the IG BCE argues. This potential legal battle between the IG BCE and the government could lead to questions about the compatibility of the reform with existing labor protections and finance implications for businesses.
