Chapter 19, 15th of March 2011
Labour law
The Administration
The
Ministry
of Welfare
Occupational
Health and
Safety
Administr.
(land)
Directorate
of Labour
The
Ministry of
Interior
Icelandic
Maritime
Administr.
(sea)
Icelandic
Civil
Aviation
Administr.
(air)
I. The Working Time Directive 2003/88/EC
(general)
• The Working Time Directive 2003/88/EC (general) has been
implemented by
– The Act on Working Environment, Health and Safety in
Workplaces, No. 46/1980, with subsequent amendments, (see
chapter IX of the Act),
– the Holiday Allowance Act No. 30/1987, with subsequent
amendments
– Regulation No. 975/2004, on the hours of work and rest periods of
crews serving on board Icelandic fishing ships.
The Working Time Directive 2003/88/EC
(general) cont.
• Applies to doctors in training as other workers, cf. the Act No.
138/2005
• The definition of working time in Article 52 of the Act:
“the time during which a worker is engaged in work, at the disposal of
the employer and doing his job or discharging his obligations.“
The Working Time Directive 1999/63/EC
(seafarers)
• The Directive 1999/63/EC (seafarers) was implemented by
– Article 64 of the Seamens Act No. 35/1985, as amended by Act
No. 31/2003,
– Article 7(a) of Act on Crews Serving on Board Icelandic Passenger
Ships and Cargo Ships, No. 76/2001, with subsequent amendments
and
– the Regulation No. 680/2004, on the working hours and rest
periods of crews serving on board Icelandic passanger ships and
merchant ships.
The Working Time Directive 2000/79/EC
(civil aviation)
• The Directive 2000/79/EC (civil aviation) was implemented by
- Regulation on flight and duty time limitations and rest
requirements, No. 1043/2008.
The Working Time Directive 2005/47/EC
(railways).
•
When accepted to incorporate the directive into the European Economic Area
Agreement the Icelandic Government made a comment that there are no
railways in Iceland and therefore there will be no need to implement the
Directive into Icelandic law.
II. EU Directives on working conditions
other than working time
Directive 94/33/EC (young people)
Directive 91/533/EEC (written statement)
Directive 1999/70/EC (fixed-term work)
Directive 97/81/EC (part-time work)
Directive 96/71/EC (posting of workers)
Directive 80/987 as amended by 2002/74/EC (employer insolvency)
Directive 91/383/EEC (health and safety in fixed term and temporary
employment)
Directive 2008/104/EC (temporary agency work)
Directive 94/33/EC (young people)
• Directive 94/33/EC (young people) has been implemented by
– The Act on Working Environment, Health and Safety in
Workplaces, No. 46/1980, with subsequent amendments, see
chapter X of the Act.
– The Regulation on work of young people, No. 426/1999.
Directive 91/533/EEC (written statement)
• Directive 91/533/EEC (written statement) has been implemented by
means of collective agreements.
• Applies to all employees on the Icelandic Labour Market:
– according to Article 1 of the Act No. 55/1980, on Worker’s Wages
and Terms of Employment and Obligatory Insurance of Pensions
Rights.
– also been published in the B-series of the Government Gazetts
Directive 1999/70/EC (fixed-term work)
• Directive 1999/70/EC (fixed-term work) was implemented by
– The Act on Employees in Fixed-Term Work, No. 139/2003, with
subsequent amendments
– The Act on Government Employees, No. 70/1996, with subsequent
amendments.
Directive 97/81/EC (part-time work)
• Directive 97/81/EC (part-time work) was implemented by
– The Act on Employees in Part-Time Work No. 10/2004, with
subsequent amendments,
– The Collective Agreement between the Confederation of Icelandic
Employers and the Icelandic Confederation of Labour on part-time
work.
Directive 96/71/EC (posting of workers).
• Directive 96/71/EC (posting of workers) was implemented by
– Act on the rigths and obligations of foreign undertakings that post
workers temporarly in Iceland and on their workers’ terms and
condition of employment, No. 45/2007.
- The EFTA Surveillance Authorities instituted proceeding aginst
Iceland for breach of the EEA Agreement and the Directive
96/71/EC because of
- Article 5: wages in the event of illness and accidents
- Article 7: entitlement to accident insurance covering death, permanent
injury and temporary loss of working capacity
Directive 80/987/ECE as amended by 2002/74/EC
(employer insolvency).
•
The Directive 80/987 as amended by 2002/74/EC (employer insolvency) was
implemented by
- the Wage Guarantee Fund Act, No. 88/2003, with subsequent
amendments.
•
The exemption provided (Article 10 of the Act):
– The Managing Directors;
– The Members of the Board of the insolvency company;
– The Owner, alone or together with his or her spouse or other close associates of
substantial share of the insolvent company and had a substantial influence on its
operation;
– Possible exemption of claims by the spouses of the aforementioned parties and by
other closely related individuals if it is demonstrated that their claims are
unjustified in terms of the aforementioned connections.
Directive 80/987/ECE as amended by 2002/74/EC
(employer insolvency). Cont.
•
The maximum figures of which are guaranteed according to the Act are raised
by regulation every year if necessary regarding the devolopment of the
salaries.
•
Article 8 of the Directive:
Article 5, item d, of the Act states that the claims of Pension Funds on pension fund
contributions that become due during the guarantee period according to Article 4 of the
Act are covered by the Wage Guarantee Fund.
•
Article 9 (3) of the Directive:
Article 2, para 1, of the Act states that in cases where an employer has activities in more
than one state, the legislation provides for liability in respect of claims applying to those
employees who discarge their employment obligations entirely, or normally, in Iceland,
providing that their claims are not covered by liability in another state.
Directive 91/383/EEC (health and safety in
fixed-term and temporary employment).
• The Act on Working Environment, Health and Safety in the
Workplaces applies to all employees working on land irrespective they
are on permanent contracts or fixed-term or temporary contracts.
• The Regulations, No. 433/1997, to improve the safety and health at
work of workers with a fixed-duration employment relationship or a
temporary employment relationship, implements the Directive
91/383/EEC.
• The Regulations No. 433/1997, applies also for work at sea and in the
air.
Directive 2008/104/EC
(temporary agency work).
• Directive 2008/104/EC (temporary agency work) is not yet part of the
EEA Agreement.
• Has not been implemented into Icelandic law but it will be when it will
be part of the Agreement.
• The Act on Temporary Agency Work No. 139/2005 is in force in
Iceland.
III. Information and Consultation Directives
•
•
•
•
•
•
•
Collective redundancies (98/59/EC)
Transfer of undertakings (2001/23/EC)
European Works Council (94/45/EC and 2009/38/EC)
Framework for informing and consulting employees (2002/14/EC)
Employees' involvement in the European Company (2001/86/EC)
Employees' involvement in the European Co-operative Society (2003/72/EC)
Cross-border mergers of limited liability companies (2005/56/EC) - art. 16
Collective Redundancies (98/59/EC)
• Directive of Collective Redundancies (98/59/EC) was implemented
by
– The Act on Collective Redundancies, No. 63/2000.
Transfer of Undertakings (2001/23/EC)
• Directive of Transfer of Undertakings (2001/23/EC) was
implemented by
– The Act on the Rights of Employees during Transfer of Undertakings, No.
72/2002, with subsequent amendments.
European Works Council
(94/45/EC and 2009/38/EC)
• Directive of European Works Council (94/45/EC and 2009/38/EC)
was implemented by
– Act on European Works Council No. 61/2001
Directive of Framework for Informing and
Consulting Employees (2002/14/EC)
•
The Directive of Framework for Informing and Consulting Employees
(2002/14/EC) was implemented by
- the Act on Informing and Consulting Employees No. 151/2006.
Employees' involvement in the European
Company (2001/86/EC)
• Directive of Employees' involvement in the European Company
(2001/86/EC) was implemented by
– Act on Employees’ involvement in the European Company No. 27/2004.
Directive on Employees' Involvement in the
European Co-operative Society (2003/72/EC)
• The Directive of Employees' Involvement in the European Cooperative Society (2003/72/EC) was implemented by
– Act on Employees’ Involvement in the European Co-operative Society
No. 27/2007.
Directive on Cross-border Mergers of Limited
Liability Companies (2005/56/EC) - art. 16
• Cross-border Mergers of Limited Liability Companies (2005/56/EC) art. 16 was implemented by
– The Act on Cross-border Mergers of Limited Liability Companies No.
86/2009.