Brussels, 06/12/2010 (Agence Europe) - By an overwhelming majority, the member states expressed their disagreement to consider the position of the European Parliament as the basis for a possible compromise on various points of the proposed directive on maternity leave, on the duration (extending maternity leave to 20 weeks), the full pay received by the worker during maternity leave, or on paternity leave (as regards its inclusion in a proposed directive to link it to maternity leave). This is the conclusion of Joëlle Milquet, the Belgian Deputy Prime Minister (with responsibility for Employment and Equal Opportunities) at the end of the guideline debate. The member states showed openness on the question of bridging clauses between this proposal on maternity leave and other leave.
A basis for compromise does, however, seem possible, drawing inspiration from the initial proposal of the European Commission. Many member states laid emphasis on the need to take time whilst showing their willingness to arrive at a well-balanced compromise, which will be the first-reading position to be adopted by the Council. An appeal was therefore made to go into the situation in greater depth, involving the social partners and hearing their opinions. The Commission and the Council will take an initiative to do this.
On these issues, Joëlle Milquet proposed that the Belgian, Hungarian and Polish Presidencies present a document so that the debate can continue practically, with the involvement of the Commission, to create a roadmap on this dossier.
This document, which was signed by the Czech Republic, Denmark, Estonia, Germany, the Netherlands, Slovakia, Sweden, the United Kingdom and Malta, states that an impact study on the Parliament's amendments regarding the duration of maternity leave and its pay would make it possible to work towards a basis for compromise and hold an exchange of views on the financial, economic and social impact in each member state of the Commission's proposal and of the key amendments of the EP.
On behalf of the forthcoming Hungarian Presidency of the EU, Miklos Rethelvi is being handed the baton “at a fairly tricky stage in the negotiations”. Despite the rejection of a number of member states, the optimistic Hungarian minister can see a way of finding a common denominator by going into great detail on the Parliament's proposal. Stating that it is vital to work flexibly on this directive in relation to the current directive on health and safety in the workplace, Miklos Rethelvi spoke of his firm intention to reach a compromise within the Council “which will allow us to carry out successful negotiations with the European Parliament”. The work will continue within the “social issues” working group of the Council, he added, concluding with an appeal “for the support and cooperation of the member states to achieve this objective over the next six months”.
For the forthcoming Polish Presidency (in the second half of 2011) of the EU Council of Ministers, Deputy Minister Radoslaw Mleczko said that a compromise on the basis of EP proposals “is virtually impossible to accept. It is not possible for our citizens. Over the years, the member states have adopted their own rules. We cannot accept a compromise on the minimum requirements and on the fact that the member states are respecting their specific rules on the basis of an impact assessment”, he concluded.
Among those who took the floor during the debate, Spain described the directive as “viable in the sense that it permits a responsible dialogue with the EP”. France said that it had “a problem of substance with the EP”, which does not take sufficient account of subsidiarity and social dialogue. For Finland, full salary represents too high a cost for the employer. The collective agreement, which is the Finnish basic system, is what works better in this case, the country's representative stated. Maternity leave is a right, not an obligation, added Sweden. For Italy, the full payment of the final salary of the new mother is unacceptable. “We have no real reason to reject this measure. But in times of crisis, we must analyse costs and our preference is for compensation representing a percentage of the salary”. Ireland said that it was concerned by the salary costs for industry and the related sectors, but also in terms of Social Security. In the Netherlands, there is a minimum term of 16 weeks with 100% pay for mothers. As for the fathers, they are allowed to use their holiday, but without pay! For this reason, the Netherlands calls for the individual choices of the member states to be respected. For Lithuania, the directive should “guarantee the flexibility of the member states without preventing them from developing their systems on the basis of their traditions and financial possibilities. And as we do not yet have any experience of this heavy burden, we need to carry out an impact assessment in the member states”. Portugal has always supported the proposed amendments of the EP, without forgetting to make a connection between maternity leave and health/safety in the workplace, gender equality, and being innovative. In the view of Austria, the maternity leave directive “should concern only the health of the mothers and the children, and the provision on the fathers' leave has no place in this directive”. For the debate at the EP, see EUROPE 10240. (G.B./transl.fl)