Spain’s Minister for Social Inclusion and Migration, Elma Saiz, and the European Commissioner for Employment and Social Rights, Nicolas Schmit, expressed their hope on Tuesday 28 November, at a meeting of the employment and social affairs ministers of the EU27, that the revision of regulation 883/2004 on the coordination of social security systems would be completed during this legislature, following a “constructive and very positive” trilogue with the European Parliament on 21 November.
On the same day that the ministers adopted conclusions on the digitalisation of social security (see EUROPE 13299/27), the European Commissioner noted in particular “the real will on the part of the European Parliament to arrive at a realistic and acceptable situation”.
While more than 90% of the text of this revision proposed in 2016 has already been agreed (in 2019), the two important aspects remain prior notification (of the posting of workers) so that this “does not create too many difficulties” (in terms of administration) and “the payment of unemployment benefits”, the Commissioner pointed out. But “on these two issues, points of view can be reconciled and a compromise reached”.
During a brief public exchange on this matter, the Spanish minister said that it was “the responsibility of both parties (the European Parliament and the EU Council) to move 883 forward”, especially after the last trilogue, which showed “room for manoeuvre” with the European Parliament. “This will be the last realistic opportunity to complete this dossier” before the end of the legislature, she stated.
On Friday 24 November, the Member State representatives were informed by the Presidency of the results of this ‘exploratory’ trilogue. The Spanish Presidency reported a more positive and constructive meeting with the European Parliament than expected, according to one source, and will now hold consultations with the Member States in an attempt to seek a new EU Council mandate.
According to another source, the European Parliament showed itself to be more open on the issue of prior notification for the posting of workers, while remaining vigilant with regard to the construction sector. Many Member States are open to innovative, digital solutions for organising these prior notifications, but do not want the construction sector to fall within the scope of possible exemptions from these prior notifications.
Commission disappointed at the failure of negotiations on teleworking and the right to disconnect
After being definitively informed by the European social partners on 27 November that negotiations on an agreement on telework and the right to disconnect had failed, the European Commissioner, who expressed regret about this decision, indicated on Tuesday that the Commission would now make its decision following the commitments given to the European Parliament by the President of the Commission, Ursula von der Leyen, in this case in favour of a legislative initiative.
“We are in the process of verifying what has been discussed and negotiated between the social partners and we will make a decision”, commented the Commissioner.
After the European Trade Union Confederation, EPSU, the public services union, also deplored the withdrawal of BusinessEurope and SME United from the negotiations and the lack of explanations.
For ETUC, which is calling on the Commission to promptly present legislation, Europeans are not starting from scratch, however, as the right to disconnect is already enshrined in national law. However, a European agreement could have provided additional safeguards and new measures regarding privacy.
EPSU “is now awaiting an invitation from the Commission to discuss the implementation of the European sectoral agreement on digitalisation concluded (in October 2022) between trade unions and employers in public administrations. We have been calling for the legislative implementation of this agreement for over a year now. However, the Commission has put this request on hold, preferring to await the outcome of intersectoral negotiations”. (Original version in French by Solenn Paulic)