Member states decided, in the relatively straightforward adoption of the general approach on the working conditions directive by the Employment and Social Policy Council (EPSCO) on Thursday 21 June, that the definition of “worker” should be established in accordance with each country’s national legislation and practices.
The directive establishes a number of “minimum rights” which will apply to all workers in the EU who have a contract of employment or an employment relationship recognised by the legislation, collective agreements and/or practices in vigour in each member state.
This amendment did not seem greatly to please Employment and Social Affairs Commissioner Marianne Thyssen, who is of the view that it would bring great legal uncertainty. The Commission, it may be recalled, wanted an EU-wide definition based on the criteria developed by the European Court of Justice.
The member states also agreed to partially exclude seafarers and fishermen from the scope of the directive, notably with regard to information to be provided on the employment relationship.
Statement by Sweden. During discussions, Sweden expressed its concern at the impact the directive would have on its social dialogue system. The Swedish delegation added a statement, a copy of which has been obtained by EUROPE, on Article 12, which deals with collective agreements, to underline the importance of the independence of collective agreements as established by the basic European set of social rights, adopted in Gothenburg in November 2017 (see EUROPE 11906).
Among the other major changes made by the member states, which we have detailed on our pages (see EUROPE 12042), are: - the exclusion of certain public sector professions, such as armed forces, police, judges, prosecutors and investigators); - a two-stage mechanism for communicating employment relationship information to workers: a first deadline of one calendar week for the most essential information, and a second deadline for the rest of the information; - a derogation for those who work up to five hours per week over a four-week reference period.
Here, too, the commissioner expressed reservations on both the length of time for communicating information to workers, which she felt was too long for essential information, and the number of hours worked to be granted a derogation from the directive, which she felt was too restrictive.
Of the three texts debated on Thursday (see other article), the directive was one on which there was greatest consensus. Only three member states, including Belgium and Austria, abstained. (Original version in French by Pascal Hansens)