The Union acquis (Principle 5)
Description
a) The Charter of Fundamental Rights of the European Union
Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to working conditions which respect his or her health, safety and dignity. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.
b) The legislative powers and their limits
According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of Member States inter alia in the fields of working conditions and the social security and social protection of workers. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Article 153(4) provides that provisions adopted pursuant to Article 153 shall not affect the right of Member States to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof.
According to Article 162 TFEU, the European Social Fund shall aim to increase the geographical and occupational mobility of workers within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems.
According to Article 166 TFEU, the Union shall implement a vocational training policy which shall support and supplement the action of the Member States while fully respecting the responsibility of the Member States for the content and organisation of vocational training.
c) Existing measures
Three Directives have already been enacted to protect workers working under non-standard employment relationships: the Framework Agreement on part-time work concluded by social partners (UNICE, CEEP and the ETUC) – annexed to Council Directive 97/81/EC(40) - protects part-time workers from being treated less favourably than comparable full-time workers and provides that employers should give consideration to requests by workers to transfer from full-time to part-time work or vice-versa; the Framework Agreement on fixed-term work also concluded by social partners (ETUC, UNICE and CEEP) – annexed to Council Directive 1999/70/EC(41) - protects fixed-term workers from being treated less favourably than comparable permanent workers and requires Member States to take measures to prevent abuse arising from the use of successive fixed-term contracts; and Directive 2008/104/EC of the European Parliament and of the Council(42) on temporary agency work establishes equal treatment regarding the essential conditions of work and of employment between temporary agency workers and workers who are directly recruited by the user company.
In addition, Council Directive 91/533/EEC(43) (the Written Statement Directive) gives workers the right to be notified in writing of the essential aspects of their employment relationship at the latest two months after the employment started.
The Commission supports innovative business models which create opportunities for EU citizens in terms of facilitating entry into employment, work flexibility and new sources of income.(44)
The Entrepreneurship 2020 Action Plan(45) sets out a vision and concrete measures to re-ignite the entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach those segments of the population whose entrepreneurial potential is not yet fully exploited, in particular for women (who represent only 29% of entrepreneurs in Europe). Dedicated actions to develop social entrepreneurship were proposed by the Expert Group on Social Entrepreneurship (GECES) report(46) adopted in 2016.
The increased voluntary geographical and occupational mobility of workers on a fair basis are included in the objectives of both the European Network of Public Employment Services (PES), established through the Decision No 573/2014/EU of the European Parliament and Council, and of the EURES Network established through the Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets.
For highly qualified third country nationals, the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment(47) limits however their occupational mobility for the first two years of legal employment in a Member State, to respect the principle of Community preference and to avoid abuses.
Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to working conditions which respect his or her health, safety and dignity. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.
b) The legislative powers and their limits
According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of Member States inter alia in the fields of working conditions and the social security and social protection of workers. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Article 153(4) provides that provisions adopted pursuant to Article 153 shall not affect the right of Member States to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof.
According to Article 162 TFEU, the European Social Fund shall aim to increase the geographical and occupational mobility of workers within the Union, and to facilitate their adaptation to industrial changes and to changes in production systems.
According to Article 166 TFEU, the Union shall implement a vocational training policy which shall support and supplement the action of the Member States while fully respecting the responsibility of the Member States for the content and organisation of vocational training.
c) Existing measures
Three Directives have already been enacted to protect workers working under non-standard employment relationships: the Framework Agreement on part-time work concluded by social partners (UNICE, CEEP and the ETUC) – annexed to Council Directive 97/81/EC(40) - protects part-time workers from being treated less favourably than comparable full-time workers and provides that employers should give consideration to requests by workers to transfer from full-time to part-time work or vice-versa; the Framework Agreement on fixed-term work also concluded by social partners (ETUC, UNICE and CEEP) – annexed to Council Directive 1999/70/EC(41) - protects fixed-term workers from being treated less favourably than comparable permanent workers and requires Member States to take measures to prevent abuse arising from the use of successive fixed-term contracts; and Directive 2008/104/EC of the European Parliament and of the Council(42) on temporary agency work establishes equal treatment regarding the essential conditions of work and of employment between temporary agency workers and workers who are directly recruited by the user company.
In addition, Council Directive 91/533/EEC(43) (the Written Statement Directive) gives workers the right to be notified in writing of the essential aspects of their employment relationship at the latest two months after the employment started.
The Commission supports innovative business models which create opportunities for EU citizens in terms of facilitating entry into employment, work flexibility and new sources of income.(44)
The Entrepreneurship 2020 Action Plan(45) sets out a vision and concrete measures to re-ignite the entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach those segments of the population whose entrepreneurial potential is not yet fully exploited, in particular for women (who represent only 29% of entrepreneurs in Europe). Dedicated actions to develop social entrepreneurship were proposed by the Expert Group on Social Entrepreneurship (GECES) report(46) adopted in 2016.
The increased voluntary geographical and occupational mobility of workers on a fair basis are included in the objectives of both the European Network of Public Employment Services (PES), established through the Decision No 573/2014/EU of the European Parliament and Council, and of the EURES Network established through the Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets.
For highly qualified third country nationals, the Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment(47) limits however their occupational mobility for the first two years of legal employment in a Member State, to respect the principle of Community preference and to avoid abuses.
Importance
High
Additional information
(40) Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9.
(41) Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by UNICE, CEEP and the ETUC, OJ L175, 10.7.1999, p.43.
(42) Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, OJ L327, 5.12.2008, p.9.
(43) Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32.
(44) See in this respect the Communication on A European agenda for the collaborative economy of 2.6.2016, COM(2016) 356 final.
(45) Communication from the Commission, Entrepreneurship 2020 Action Plan, COM(2012) 795 final, 9.1.2013.
(46) http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en
(47) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17.
(41) Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by UNICE, CEEP and the ETUC, OJ L175, 10.7.1999, p.43.
(42) Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, OJ L327, 5.12.2008, p.9.
(43) Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32.
(44) See in this respect the Communication on A European agenda for the collaborative economy of 2.6.2016, COM(2016) 356 final.
(45) Communication from the Commission, Entrepreneurship 2020 Action Plan, COM(2012) 795 final, 9.1.2013.
(46) http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en
(47) Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17.