Source: European Parliament
1. and 3. The Commission is not aware of allegations made against the company Teleperformance. Complaints may also be made to the EU institutions. If an employer does not comply with the national legislation transposing EU directives or regulations, it is for the competent national authorities to apply and enforce citizens’ rights under EU law. In such cases, it is primarily for Member States, including their judicial authorities, to ensure that employees’ rights are effectively respected and protected. In its role as guardian of the Treaties, the Commission will monitor the situation and may decide to take appropriate action.
2. Directive 2019/1152[1] sets out minimum requirements to improve working conditions by promoting more transparent and predictable work for workers in all sectors of activity. Directive 2003/88[2] lays down minimum requirements for the protection of the health and safety of workers by regulating working time and rest time in all sectors of activity. These directives are not anti-labour but are legislative instruments which give specific form to fundamental rights enshrined in the Charter of Fundaments Rights, such as Article 31 on the right to working conditions which respect health, safety and dignity, to limitation of maximum working hours, to daily and weekly rest periods and to paid annual leave. The directives do not prevent Member States from applying national provisions or permitting the application of collective agreements more favorable to the protection of safety and health of workers[3]. Moreover, both directives allow for several derogations through collective agreements, thus respecting the autonomy of the social partners[4]. Neither of the two directives have any impact on the right to strike.
- [1] Directive 2019/1152/EC of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions, OJ L 186, 11.7.2019, p. 105-121 — https://eur-lex.europa.eu/eli/dir/2019/1152/oj/eng
- [2] Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, OJ L 299, 18.11.2003, p. 9 — https://eur-lex.europa.eu/eli/dir/2003/88/oj/eng
- [3] Article 15 of Directive 2003/88 and Article 20 (2) of Directive 2019/1152.
- [4] Among others in Articles 14 and Article 10 in Directive 2019/1152 and in Articles 17 and 18 of Directive 2003/88.