"Equality in employment for older and disabled people"


Congress of the European Association of Labour Court Judges
to be held at the Hotel Berlin on 1st and 2nd June 2012


The EALCJ are holding a two day congress of Labour Court Judges of the member states of the European Union and the EEA to discuss the practical protection provided by national laws for older people and disabled people in the workforce. The Congress is to be held at the Hotel Berlin in Berlin on 1st and 2nd June 2112.

The idea for the Project comes from the realisation that both older and disabled people can be effective and productive employees, but may be prevented from giving full value by traditional practices which fail to accommodate their needs and by prejudices which lead to them being excluded or harassed.

Both older people and disabled people have much to offer in the work-place. People age at different rates and in different ways, but, while individuals may, perhaps, work more slowly as they get older, their experience and fund of knowledge and understanding may grow.

Disabled people are likely to be just as good (or bad) at their job as non-disabled people, but they may need help or adjustments to enable them to make a full contribution.

Older people are disadvantaged in the work-place in different ways.  There is direct discrimination, harassment and abuse, but there are also specific provisions, including fixed retirement ages and over-rigid application of health and safety rules which impact disproportionately on older and disabled people.

It follows that people in both of these categories require not only equal treatment with other groups, but also reasonable accommodation for them.

Article 21 of the EU Charter of Fundamental Rights specifically prohibits discrimination on the grounds of age and disability and Article 26 recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their occupational integration.  The ban on discrimination is implemented by the Equality Directive 2000/78/EC which specifically deals with discrimination on the grounds of age and disability in relation to employment, self-employment and occupation.

We will discuss the extent to which protection is provided by the existing laws of the member states and ways in which this protection can be improved. 

The dynamic approach of the EALCJ is to obtain details of the national systems in advance by sending out a questionnaire, responded to by each Member State in the form of a National Report. 

The format of the Congress is then to start with a keynote address and move from there to workshops where we discuss the approaches of the different national courts and debate the extent to which the systems are effective.

All delegates take an active part in this exercise, which is conducted on the basis of round-table discussions.

The outcome will be a Final Report which will summarise the discussions and reach conclusions for future action.



"Access to Justice for Posted and other Vulnerable Workers"

Held at the Hotel Excelsior Valetta Malta on 3rd & 4th June 2011

The Chief Justice and the Minister of Justice and Home Affairs opened our Congress. And the Minister provided us with a fine dinner at the magnificent Auberge d'Aragon, the 15th Century home to the Knights Hospitaller of St John.

The keynote address was given by Jonas Grimheden of the Fundamental Rights Agency.  We were deposited right into the real world, where migrant workers are abused and ignored, where desperate people cross the Mediterranean from north Africa and find themselves in Malta or the Italian island of Lampedusa, Jonas summarised the results of the FRA's comprehensive research, based on interviews with migrant workers throughout Europe. The Report amounted to a catalogue of discrimination, prejudice and disadvantage, with some countries substantially worse than others.

The problem is not the anti-discrimination laws, but their enforcement. Judges can only adjudicate on cases that come before them. Access to justice, therefore, is crucial.
Firstly we dealt with the scope of the jurisdiction. Illegal immigrants are excluded from employment protection, but they still have basic human rights and, often, they are exploited simply because of their lack of status before the courts. Should they be treated as criminals and excluded from all protection, or should be provided with at least minimum rights?

Workers may be tempted to be complicit in attempts to avoid taxation or to work excessive hours. Some do so for their own gain, but others feel they have little choice. Should their role in this illegality exclude them from all protection?

Migrant workers working legitimately may not be treated as "employees" or "workers" because of their casual or seasonal work. They may also lack knowledge of the national legal systems; language difficulties may deter them from claiming, or they may not know how to access such assistance as is available.

However migrant workers make a valuable contribution to the economies of the host countries, and they may well be happy to work there. So they should not always be categorised as victims.
We also acknowledged that the hard fought rights obtained by native workers can be threatened by migrants from poorer countries who work at substantially lower wages and in inferior conditions. We acknowledge too that there are financial constraints on the Courts' system and migrant workers must not be seen to be given preferential treatment.