It is action stations for European social partners. The European Commission is effectively gearing up to present its proposals for a “Social triple A” on 26 April. In addition to the expected “European pillar of social rights”, it is also expected to reopen a very controversial dossier on family holidays and working time.
In 2003, the Commission attempted to review the Community rules governing working and break times and, in 2008, extending maternity leave from 14 to 18 weeks. Nonetheless, it was forced to withdraw its proposals given the extremely divergent positions on these matters.
A balance between private and professional life
This time, the Commission is expected to return with a legislative proposal that does not affect maternity leave any more but introduces two weeks of paternity leave and a five-day holiday for carers at a European level.
According to the draft paper, these two holidays, which do not exist in Germany, Luxembourg, Austria, Cyprus, Czech Republic, Croatia, Slovakia or Ireland for the former but in many member states for the latter, should be remunerated at least at a level of sickness insurance.
At the same time, the Commission is seeking to revise the 2010/18/EU directive setting out parental leave at four months for each of the two parents, so that more fathers take their share. It is expected to ban the transfer of holidays from one parent to another (three months can currently be transferred) and extend the period in which the holiday can be taken, namely up until the child is 12 years old, instead of 8, which is the current situation. It is also expected to set out the amount of payment paid at a sickness insurance level.
Currently, average benefits are 50% of a salary, although no payment is planned for Cyprus, Greece, Ireland, Malta, Netherlands, Spain or the United Kingdom.
The Commission is also expected to strengthen protection against making young parents redundant and introducing more flexible work formulas. In their responses provided to EUROPE, European social partners appeared relatively divided on the question: the employers (BusinessEurope, CEEP and the UEAPME) believe that these new holidays are unnecessary. The European Trade Union Confederation (ETUC) is of the opposite view.
Working time: Commission “interprets”
The other initiative that could also crystallise tensions, focuses on the 2003/88/EC directive on minimum working time standards.
The Commission is expected to publish an interpretive communication on the directive and the consecutive rulings from the European Court of Justice, as well as on the questions still pending, in view of helping the member states apply the Community rules. Consequently, the European Commission is expected to announce, to the great disappointment of the employers, that the Simap and Jaeger decisions of October 2000 on standby services in the workplace, now have to be considered as a full part of working time (see EUROPE 7814).
Once again, this question is significantly dividing European social partners: private employers (BusinessEurope and the UEAPME) consider that the Court rulings have created more problems than they have solved. The CEEP is calling for the text to be revised in order to provide more legal security to employers and public service providers, whilst the unions are calling for better implementation of the 2003 text but without revising it.
A package geared to the future
For the remainder, the package, which is still in an inter-services consultation stage, is expected to include a communication and recommendation on the European pillar of social rights.
The idea in this regard, is to implement a reference framework so as to encourage upward convergence in the Eurozone. This framework will be based on 20 major principles organised in three areas: access to training, quality jobs and access to adequate and viable social protection. It will be accompanied by a score board that helps to evaluate the social performances of member states.
At the same time, the Commission will present its reflection paper on the EU social dimension, as it announced in its White Paper for an EU of 27 members (see EUROPE 11736).
Finally, it will also be launching two consultations with social partners on 26 April: one will focus on directive 91/533/EEC on employers’ obligations to inform workers of the conditions applicable in the contract or working relations (“written declaration” Directive) and the other on access to social protection. (Original version in French by Sophie Petitjean)