On 31 January, Member State experts will resume their work on the directive regarding quality traineeships.
While the Hungarian presidency of the EU Council tried, at the beginning of December, to obtain a General approach, the Polish presidency took more time and only included a potential agreement by the EU27 in the June Employment Council’s programme.
While the northern EU countries were able to rally behind the Hungarian compromise after obtaining guarantees on respect for the social partners’ autonomy, several countries, such as Spain, Portugal and Germany, were unable to provide support, for various reasons.
For the 31 January meeting of the working party on social questions, the Polish presidency sent Member States a questionnaire to examine the scope for compromise and flexibility.
Chapters III (employment relationships disguised as traineeships) and I (general provisions, including personal scope) are those which give rise to the most concern, the presidency points out.
“The directive has two objectives: to improve and ensure respect for trainees’ working conditions and to combat cases of traineeship abuse, in particular cases where traineeships are in fact employment relationships. In order to achieve the second objective, what types of traineeship abuses should Article 4 of the directive target and what measures could be taken to detect and combat such abuse?”, the presidency asked.
During the discussions, a number of Member States stressed the need to clarify the definitions of “traineeship” and “internship” in order to avoid any potential ambiguity in their interpretation and implementation. “Concerns have been expressed that the wording proposed in the compromise text could lead to differences in implementing the provisions at national level and limit the directive’s effectiveness”.
The presidency therefore asks whether the definitions currently used should be adapted.
It should be noted that BusinessEurope, which represents European employers, asked the European Commission on 22 January to withdraw this directive on traineeships, judging it contrary to the imperatives of competitiveness and reduction of the administrative burden.
Trilogue on European Works Councils (EWCs). On 6 February, the Member States will also begin negotiations with the European Parliament on the EWC Directive’s revision (see EUROPE 13554/8). In the working party on 20 January, a majority of Member States expressed the wish not to deviate from the EU Council’s mandate, offering no room for concession with Parliament.
Many delegations would find the creation of new sanctions and the new methods for calculating financial sanctions problematic. They are also opposed to broadening the scope, to the compulsory introduction of prior administrative authorisation for non-disclosure of certain information and to the temporary suspension of major company decisions if EWC consultation is deemed inadequate, as Parliament wants. Furthermore, they would refuse a one-year transposition period, as Parliament wants.
The subject is due to be raised at the Committee of Permanent Representatives meeting on 14 February. (Original version in French by Solenn Paulic)