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DOI: 10.5553/EELC/187791072023008003001

European Employment Law CasesAccess_open

Editorial

Challenging times

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Zef Even, "Challenging times", European Employment Law Cases, 3, (2023):115-115

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      Times are challenging. Most importantly due to the – to put it mildly – unrest in the world. But to a certain extent also due to economic challenges.

      In her State of the Union 2023, the President of the European Commission Ursula von der Leyen identified three major economic challenges for our European industry: labour and skills shortages, inflation and ‘making business easier for our companies’. I think all of these challenges are recognisable. Many companies face labour shortages. According to Mrs von der Leyen, we should seek solutions in a greater participation of parents, in particular women, who should be supported by better childcare. The labour market should furthermore be improved in particular for young people and women. We also need qualified migration. Mrs von der Leyen is explicitly reaching out to our social partners to help us out. Inflation is the second problem, which basically should be combatted by the European Central Bank. Lastly, we should take steps to make it easier to do business in Europe. Mrs von der Leyen notes that small companies are held back by complex administration. An EU SME envoy will be appointed in order to liaise with the small and medium-sized companies. Legislative proposals are being drafted towards reducing reporting obligations at the European level by 25%.

      To single out this last proposal: of course, it is a good idea to reduce reporting obligations in order to make business easier. But I do have doubts whether this is feasible and will in fact result in the smoothening of doing business. Besides, I’m not sure whether the reporting obligations are the most important legal factor holding back companies. One of the things I increasingly note among my clients is that they feel that employment law rules are getting more complex, to such an extent that they have to retain specialised advice when dealing with their employees even on everyday matters. Part of this has to do with complex EU law, adding an extra layer to the national rules. If even ‘simple’ matters such as holiday entitlements results in complex EU case law, one should in my view ask the question whether we are on the right track. Employment law should by and large be intuitive, but in my experience, this is not the case anymore.

      I may be too negative though. For one thing, I can hold on to the thought that we are helping each other to better understand EU employment law, by sharing knowledge. And again, we can find interesting cases in this edition. Cases on discrimination, fixed-term employment agreements, European Works Councils and working time. Enjoy!


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