A new European Commission initiative to improve job quality and adapt work to the realities of the 21st century is welcome, provided it is targeted, delivers genuine added value and does not impose new obligations on businesses.
That was the message the EU27 ministers or their representatives responsible for employment and social affairs conveyed to Commission Vice-President Roxana Mînzatu on Monday 19 October, a few weeks before the presentation of the Quality Jobs Act.
The ministers agree on many points that should be included in the forthcoming legislative act, including: - reaffirming the principle of human oversight of decisions made by artificial intelligence or generated through algorithmic management; - mental health problems – a “growing concern”, according to Belgian minister Rob Beenders; - or the impact of climate-related risks as well. Legal clarity on subcontracting should also be improved, with the responsibility of contractors reaffirmed throughout the chain, particularly in cross-border situations.
All these improvements must, however, follow one principle: measures must be proportionate, justified by robust impact assessments, fully adapted to the constraints faced by small and medium-sized enterprises and must not burden businesses with new obligations that could potentially harm their competitiveness.
With the European Commission potentially opting on 3 December, the planned date for presenting the package, for a broad framework directive addressing the various issues surrounding job quality in dedicated chapters, Michael Schäfer, State Secretary at Germany’s Federal Ministry of Labour and Social Affairs, said it was “important to avoid additional burdens on businesses”.
On algorithmic management and the use of AI at work, the minister said he was open to an EU framework upholding European values, but reiterated the need to avoid placing additional burdens on businesses.
On subcontracting, he favoured better enforcement of the existing framework and was open to making contractors responsible for ensuring that the minimum wage is paid throughout the chain.
For Italy, action against abuses in subcontracting should be improved and cross-border problems addressed, but through “proportionate measures” and without limiting the number of subcontractors.
France proposed that the EU establish common criteria to identify the sectors most at risk of subcontracting fraud and called for more inspections, but under the auspices of the European Labour Authority (ELA), whose mandate is already under review.
Furthermore, many countries, including France and Cyprus, consider that the EU already has a robust framework for algorithmic management and tackling excessive surveillance, through the Platform Work Directive, the AI Act and EU data protection rules.
In some countries, these texts are also in the process of being transposed.
Most ministers therefore wanted the Commission to confine itself to restating essential principles, particularly on human oversight, rather than proposing new prescriptive obligations.
If, in the area of health and safety, the ministers generally agreed to revise the directives deemed obsolete in relation to computer screens and workplaces, to bring them into line, amongst other things, with remote working and outdoor work, they called for the same caution.
Northern EU countries, such as Finland and Sweden, placed particular emphasis on respecting their model of consultation and decision-making by the social partners, and called for legislation that would not weaken their autonomy.
Luxembourg, represented by Marc Spautz, also called for the country’s specific circumstances to be taken into account in any new legislative framework, particularly regarding future measures on the right to disconnect, which must also reflect the fact that many workers in Luxembourg are cross-border workers.
Rules on disconnecting are also covered by specific bilateral agreements. Nor should a new EU obligation in this area give rise to “tax consequences”.
Asked about the issue by Agence Europe, Roxana Mînzatu, Executive Vice-President for Social Rights and Skills, Quality Jobs and Preparedness, said the legal form of the legislative act was still under discussion.
“My preferred approach is to present a single document – not a legislative ‘package’. It will be structured into chapters, because we are looking at an output that would be very targeted and agile, and not comprehensive”.
“It won't be an encyclopedia because we already have so much legislation on health and safety at work”, she added. “We want to be able to assess, first of all, the risks in terms of weather-related or psychosocial risk. These assessments are not unimportant”.
On algorithmic management and AI, however, the Vice-President will still need to win an internal debate, with many expecting only guidelines on the subject.
Labour market activation. The EU27 ministers also exchanged views on the instrument the Commission is considering to help people outside the labour market enter employment. A first phase of consultation with the European social partners ended on 15 October, and a second phase is expected to begin by the end of the year.
What form might the EU response take, particularly to support people furthest from the labour market, who are not looking for work and therefore do not appear in unemployment statistics? “They may be women that care for their children or the elderly, even persons with disabilities who could work but who do not have the proper support, or people from a range of backgrounds who face socioeconomic discrimination and need personalised support”, the Vice-President explained.
“The ministers raised several points with which I fully agree: any proposal to help the approximately 50 million Europeans currently outside the labour market enter employment must demonstrate genuine European added value”, she said, also acknowledging that there had so far been no strong call for legislation in this area.
“The ministers reiterated the need to respect national competences”, she added. “Any initiative that the Commission would propose in terms of activating those that are very far away from the labour market or in terms of supporting the quality of jobs in Europe, should prove clear European added value. It must take account of the specific characteristics of national labour markets, local economies and social and public service systems. It must also be very well targeted”.
In this area too, the EU27 called on the Commission “to carry out thorough impact assessments”. (Original version in French by Solenn Paulic)