Brussels, 04/05/2010 (Agence Europe) - Meeting on Tuesday 4 May in Brussels, the women's rights committee of the European Parliament adopted at second reading, by 29 votes for, one against and one abstention, the report by Astrid Lulling (EPP, Luxembourg) on equal treatment between men and women exercising a self-employed activity. According to the text adopted, member states must take the measures necessary for organising social protection in line with their national legislation. It is, however, up to them to decide whether this social protection must be implemented in a compulsory or voluntary way.
“This is a great step forward because, in most member states, there is no social security coverage for self-employed workers and certainly not for their assisting spouses!”, Lulling was pleased to tell the press. “The compromise reached with Council is that, now, all member states must provide social security for self-employed workers and their assisting spouses, and decide whether affiliation to the social security system is compulsory or optional. Some member states do not want this to be compulsory”, the rapporteur commented.
“It took from May 2009 to March 2010 to have a Council and Commission common position on the text adopted by the European Parliament at first reading”, said Lulling, pointing out that the EP had, in May 2009, and by a very large majority (552 votes for, 14 against and 57 abstentions), adopted its proposal to make affiliation of social security schemes mandatory for self-employed workers and their assisting spouses, as is the case in most member states for employees. The Council did not follow the Parliament but agreed to say that social security, when it exists for self-employed workers, must also be available for assisting spouses and recognised life partners (see EUROPE 9897 and 10093).
As far as maternity protection is concerned, the text adopted states that each member state must provide independent workers and their spouses and - when the latter are recognised by national law - life partners of self-employed workers, maternity leave of 14 weeks, i.e. the system currently in force and which is the same for employees. “This must also be either compulsory or optional depending on what member states decide”, commented Lulling. Also, when businesses are created, there must no longer be discrimination between spouses, she added.
Lulling congratulated the Spanish EU Presidency for having made such a great effort so that the Council would adopt certain European Parliament amendments. She announced that the result of the vote would be presented to Coreper on 12 May and put to the plenary vote on 18 May. The Spanish Presidency trusts the text will be formally adopted during the Employment and Social Policy Council (EPSCO) on 7 June in Luxembourg. “The whole thing could then be tied up under Spanish EU Presidency”, Lulling said, concluding: “This is a fantastic jump forward as everyone will benefit from social security and maternity leave, whether compulsory or optional, including the assisting spouses! Otherwise, if there is no social security for the spouse and there is a divorce, then the spouse is left with nothing!. (G.B./transl.jl)