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Scope and changes introduced by the European Pillar of Social Rights (Principle 12)
Description
The Pillar transforms the call for a replacement income which will maintain the workers' standard of living in the 1992 Recommendation into a right. The provisions on social protection apply to all workers, regardless of the type and duration of their employment relationship, and, under comparable conditions, the self-employed. Its aim is to cover the whole range of non-standard contracts for the provision of work which are increasingly prevalent in today’s labour market.
The Pillar also provides that the self-employed shall have access to social protection. By extending access to the self-employed, the Principle goes beyond the 1992 Council Recommendation, which only calls for examining the possibility of appropriate social protection for the self-employed.
The material scope of the right to social protection covers both social assistance and social security. Social security, which includes both contributory and non-contributory schemes, is defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council(101) to include the following branches: (a) sickness benefits; (b) maternity and equivalent paternity benefits; (c) invalidity benefits; (d) old-age benefits; (e) survivors' benefits; (f) benefits in respect of accidents at work and occupational diseases; (g) death grants; (h) unemployment benefits; (i) pre-retirement benefits; (j) family benefits.
In guaranteeing also to the self-employed access to social protection under comparable conditions, the Principle goes beyond Directive 2010/41/EU, which dealt only with maternity leave.
Taken together, part one and part two of the provision on social protection ensure that comparable access to social protection is made available to people employed as workers and people working as self-employed.
The Pillar also provides that the self-employed shall have access to social protection. By extending access to the self-employed, the Principle goes beyond the 1992 Council Recommendation, which only calls for examining the possibility of appropriate social protection for the self-employed.
The material scope of the right to social protection covers both social assistance and social security. Social security, which includes both contributory and non-contributory schemes, is defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council(101) to include the following branches: (a) sickness benefits; (b) maternity and equivalent paternity benefits; (c) invalidity benefits; (d) old-age benefits; (e) survivors' benefits; (f) benefits in respect of accidents at work and occupational diseases; (g) death grants; (h) unemployment benefits; (i) pre-retirement benefits; (j) family benefits.
In guaranteeing also to the self-employed access to social protection under comparable conditions, the Principle goes beyond Directive 2010/41/EU, which dealt only with maternity leave.
Taken together, part one and part two of the provision on social protection ensure that comparable access to social protection is made available to people employed as workers and people working as self-employed.
Importance
High
Additional information
(101) The Regulation applies also to special non-contributory cash benefits which display characteristics of both social security and social assistance.