The European Commission aims to rebalance the rights of the sexes to parental leave in order to reduce the legal asymmetry between men and women. To this end, it launched a new proposal on balancing private and professional life on Wednesday 26 April, to modernise the directive applying the framework agreement on parental leave (Directive 2018/18/EU).
The initiative is one of the planks of a broader and particularly dense announcement of the Commission on reinforcing the social pillar (see article).
The legislative initiative is based on the observation that there are shortcomings in the current European framework, which are not reducing the considerable professional inequality between the genders in parenting, as mothers are frequently obliged to put their careers on hold for structural reasons.
According to the Commission’s analysis, there are three factors feeding into the current imbalance: - pay levels, frequently higher for men; - the fact that maternity leave cannot be converted into paternity leave; - the lack of flexibility in working conditions. The Commissioner for Gender Equality, Věra Jourová, who presented the Commission’s proposals amongst other things, alongside the Commissioner for Employment and Social Affairs, Marianne Thyssen, stressed the importance of remote working in order to building more flexibility.
Content of the proposal. What is the initiative actually proposing? On paternity leave, the directive proposes to introduce ten days of paternity leave – as reported by EUROPE earlier this month (see EUROPE 11762). This has not previously existed at European level.
Many adjustments were made for parental leave. Under the proposal, parental leave must be paid at the same level as sickness leave. The option to take four months of parental leave may be possible until the child is 12 years old. Readers may recall that currently, there are only non-binding guidelines providing for similar arrangements up to the age of eight. It will also be possible to take five days’ paid leave, paid at the same level as sickness leave, to care for ill family members. The Commission is also bringing in a right to request particular working conditions for parents until the child is 12 years old. Here, Commissioner Jourová said that it will be the employee’s responsibility to request flexibility, but that the decision will be made at the employer's discretion. Lastly, the directive steps up protection against discrimination for employees requesting flexibility or taking parental leave.
The European Commission states that it will use the country-by-country recommendations in the framework of the European Semester to support a gender balance, adding that it hopes to use European funds to support actions and measures to this end.
The question of freelance workers in abeyance. It is worth noting that freelance workers are not explicitly covered by the directive. The matter will be discussed by the member states, the institution explained, stressing that it will be tackled in the consultation on access to social protection it launched the same day.
Two consultations: one on employment contracts, the other on access to social protection
But the institution did not stop there. It also launched two consultations, one aiming to modernise the rules on employment contracts, the other on access to social protection.
On the rules applicable to employment contracts, it wishes to consult the social partners before proposing to update the directive on employers’ obligations to inform workers of the conditions applicable to the contract or working relationship (Directive 91/533/EEC).
On social protection, it hopes to bring the framework into line with the new professional situations and statuses that are emerging with the digital era. On the former point, it wishes to consult the social partners first and will then launch a public consultation. It will also carry out an impact assessment, before presenting an initiative.
Clarification of the working time directive.
Finally, the Commission published a clarification on the working time directive (Directive 2003/88/EC) in light of European case-law, as reported by EUROPE (see EUROPE 11762). In so doing, it is aiming to fight abuses suffered by certain workers working more than 48 hours per week - increasing the risks of an accident, for the workers themselves, but also for consumers. The Commission has not made a legislative proposal, as it knows that this has no chance of success.
Parental leave: the shoot-out between employers and employees begins
The Commission had not even presented its initiative on balancing professional and private life when the employer and employee organisations began their dust-up the day before, in press release form. The first shot was fired by BusinessEurope, which represents employers. Its verdict was scathing: the Commission has identified the right problems, but administered the wrong treatment. It finds the reminder of the agreement on parental leave of 2010 signed between the social partners unacceptable and at odds with the spirit of the European treaties, a view shared by the European Association of Craft, Small and Medium-Sized Enterprises (UEAPME).
The European Trade Union Confederation (ETUC) lost no time in responding, criticising the position of BusinessEurope, which it claimed had declined any negotiations to revise the agreement. ETUC unreservedly supports the Commission’s initiative, which it hopes will succeed. Similarly, the Confederation of Family Organisations in the European Union (known by its French acronym, COFACE) hailed the initiative as the first ever to reconcile professional and family life.
The co-legislative process may now begin. The debates are expected to be tough as interests differ considerably and there are divergences between member states, as the two Commissioners freely admitted. (Original version in French by Pascal Hansens)