Meeting of Directors General for Industrial Relations

Transcription

1 Summary Minutes Meeting of Directors General for Industrial Relations 19 May 2017 Radisson Blu Hotel Olümpia Tallinn, ESTONIA 1. INTRODUCTION AND ADOPTION OF THE AGENDA. Mr Adam POKORNY (Chair, Head of Unit for Working Conditions, DG EMPL) opened the meeting and welcomed all participants. The Draft Agenda was adopted without any changes. 2. MINUTES OF THE MEETING OF DIRECTORS GENERAL HELD ON 25 NOVEMBER 2016 IN VALLETTA, MALTA. No comments were made regarding the draft summary minutes of the last meeting held on 25 November 2016 in Valletta. The summary minutes were therefore adopted. 3. PRESENTATION OF THE ESTONIAN PRESIDENCY'S PRIORITIES IN THE SOCIAL AFFAIRS FIELD. Mr Janar HOLM (Deputy Secretary General on Labour and Employment Policy, Ministry Of Social Affairs Of Estonia) gave an overview of the priorities of the forthcoming Estonian presidency in the field of employment and social affairs, namely: Modernising social security coordination rules; Reviewing Posting of Workers Directive; The Accessibility Act; The EU Pillar of Social Rights and The 'Work-life balance' proposal. Mr HOLM proceeded to announce the important events and dates of the Presidency, in particular as regards the EPSCO Council (informal meeting on July 2017 with the established theme of "Work-life balance" and formal meeting on 23 October 2017). 4. GENERAL PRESENTATION BY THE COMMISSION OF THE SOCIAL PILLAR PACKAGE Mr Gelu CALACEAN (Policy Coordinator, Unit for Employment Strategy, DG EMPL) presented the broad lines of the 'Social Pillar Package' that was adopted by the Commission on 26 April He underlined that the Pillar is to be seen as a framework for convergence. In its core, the Pillar is composed of 20 principles and rights. Mr CALACEAN also mentioned the accompanying elements (such as the two consultations of Social Partners) and the Commission's strategy for a sound implementation of the Pillar including a draft scoreboard for monitoring progress. 1

2 Following this general presentation, several delegations (DK, PL, IE) took the floor. The themes commented or discussed, together with the Commission, were related to the timing for the next steps, the involvement of the actors (for instance the EPSCO Council) as regards these steps, the relationship of the pillar with the White Paper on the future of Europe or the Reflection Paper on the social dimension of Europe, the legal status of the Pillar and its territorial coverage (Eurozone or more). 5. PRESENTATION BY THE COMMISSION ON THE WORKING TIME DIRECTIVE INITIATIVE AND 'TOUR DE TABLE' TO HIGHLIGHT ISSUES FOR DETAILED DISCUSSION AT NEXT DGIR MEETING Ms Marie-Aude TANNOU (Legal Officer, Unit for Working Conditions, DG EMPL) presented the Interpretative Communication Legal Guidance document on the Working Time Directive. Ms Siri STANGELAND (Legal Officer, Unit for Working Conditions, DG EMPL) then presented the Implementation Report. The Commission delegation then asked for feedback on the documents, and for potential interest to discuss issues of common interest at technical level in a subgroup of the DGIR or specific ad hoc meetings. In subsequent discussion BE, DK, AUT, IE, FR, EE, CY took the floor. The delegations welcomed the initiative to clarify the existing provisions of the Directive in the light of case-law, and welcomed the idea of specific ad hoc meetings to discuss common issues and possible responses to them. Potential areas of interest included: impact of case-law on national level when the latter is more favorable; interaction between opt-out and Charter of fundamental rights (e.g. potentially setting limits to opt-out); travelling time; night work; compensatory rest; derogations by collective agreements; on-call time; active and inactive on-call time; accrual of annual leave during sick leave; extension of the reference period; timing of compensatory rest; effects of new technologies in separating work and rest time; new forms of work; autonomous worker derogation; Two delegations suggested sending questions in advance to prepare the meeting. It was asked how the Legal Guidance it is going to be kept up to date in view of future case-law. One delegation regretted the lack of revision of the Directive itself. One delegation suggested a practical guide for employers and employees. Mr Pokorny confirmed that it is the Commission's aim to update the legal interpretation in the light of future judgments of the Court. He confirmed that in the light of the positive feedback from delegations a dedicated subgroup meeting would be organized in autumn 2017, with voluntary participation, and with an agenda sent in advance to ease preparation. The conclusions of that discussion would be reported to the November 2017 DGIR meeting. 6. PRESENTATION BY THE COMMISSION OF THE WORK-LIFE BALANCE INITIATIVE Ms Ana Carla PEREIRA (Head of Unit for Modernisation of Social Protection Systems, DG EMPL) presented the proposal for a Directive. Spain, Austria, Poland, UK commented on the initiative. 2

3 Delegations generally welcomed the proposal. During discussion it was emphasised that male participation in parental leave is still often low and that this new proposal can lead to a debate on effects of parenthood on men and women careers. The issue of the level of pay for parental leave was discussed, as well as the right to leave for care for an elderly or ill person. The focus on work-life balance and not solely on maternity was welcomed. The issue of implementation in Member States with higher existing standards was raised. Mr Pokorny thanked the delegations and confirmed that all points will be shared with colleagues in change of the file. Ms Pereira reminded delegations that a non-regression clause was part of the proposal, to ensure that EU law setting minimum standards would not be used to downgrade existing more favourable provisions. 7. PRESENTATION BY THE COMMISSION OF THE SOCIAL PARTNER CONSULTATION AND REFIT EVALUATION REPORT ON THE WRITTEN STATEMENT DIRECTIVE Mr Julien De Beys (Legal Officer, "Working Conditions" unit of DG Employment, Social Affairs and Inclusion of the European Commission) presented the social partner consultation and REFIT evaluation report on the Written Statement Directive. He gave an overview of the five possible areas for improvements which are presented in the consultation paper; 1) clarifying the scope of the Directive 2) extending the mandatory information to the worker 3) strengthening the worker's means of redress if he or she does not receive a written statement 4) shortening the permitted period before the information must be given 5) Defining a minimum floor of social rights. Whereas the areas 1 to 4 have emerged from the evaluation, area 5 is based on a broader set of considerations, principally the public consultation on the social pillar which highlighted the need to improve the situation for people in precarious forms of work. Mr De Beys explained that the Commission services are currently mapping different options to improvements in order to prepare a second round of consultation with the social partners and to prepare an impact assessment. In discussion several delegations reacted (AT, IE) outlined developments in their respective countries. Whereas Austria has started a process focusing on the social and legal aspects of platform work, the government of Ireland has just put forward a proposal to Parliament on measures to stabilise precarious work. Mr Pokorny reiterated that the Commission is at a stage of mapping different alternatives to follow-upon how to define minimum rights. He encouraged Member States to share with the Commission both information on related national initiatives and proposals on what should be taken into account in this context. 8. PRESENTATION BY THE COMMISSION OF THE SOCIAL PARTNER CONSULTATION ON POSSIBLE ACTION ADDRESSING THE CHALLENGES OF ACCESS TO SOCIAL PROTECTION FOR PEOPLE IN ALL FORMS OF EMPLOYMENT Ms Ana Carla Pereira presented the background for the first phase consultation of the Social Partners regarding a possible action to address the challenges of access to social protection for people in all forms of employment. 3

4 She explained that there are deficiencies in access to social protection for the selfemployed and marginal part-time employees such as for example casual and seasonal workers, apprentices, trainees and on-call workers, especially as regards the access to insurance based schemes. These deficiencies and the gap between the access of these groups and workers on standard contracts have consequences in labour market segmentation, reduced transitions to permanent fulltime employment, discouragement to take up self- employment, more precariousness, rising inequalities and excessive risk of poverty. In the long run the financing of social protection and the growth of economies and employment are stake. The consultation document outlines several common principles that a new EU initiative might promote; including ensuring similar rights and obligations for similar work. Ms Pereira informed that the Commission will launch a second stage consultation with the social partners during the summer. There will also be a public consultation, given that self-employment is not under the remit of social dialogue and it is therefore desirable to collect a wider range of inputs during the consultation phase. If the Social Partners do not wish to enter into negotiations on this topic, the Ms Pereira invited the MS to read the consultation document even though it is at this stage addressed to the Social Partners so as to be ready to provide input in the next stages of this important process. 9. PRESENTATION AND INFORMATION BY DELEGATIONS ON THE RECENT DEVELOPMENTS REGARDING LABOUR LAW AND INDUSTRIAL RELATIONS IN THE MEMBER STATES Mr Walter Neubauer (Group leader at the Austrian Federal Ministry of Labor, Social Affairs and Consumer Protection) gave a presentation on the 2016 Amendment to the Anti-Wage and Social Dumping Act in Austria. He presented the two main measures which concerned the transport industry: the simplification of the notification obligation relaying on the service provider when active in Austria and the simplification of the obligation to keep pay documents readily available for employers in the transport industry. He indicated that comprehensive up-to-date information was available on a website [1] translated in 7 languages. Ms Claire Scotton (Deputy Director DG Labour Individual and collective Labour Relations) presented the changes that were introduced in the French labour market regulations since She presented the 4 major reforms which created a new framework for both individual and collective dismissals, allowed a more strategic a predictable social dialogue notably by streamlining the works council' information and consultation procedures, gave more room to collective bargaining, especially at company level, and ensured new rights for employees including the provision of all people with social security and the recognition of a right to disconnection. Mr Fernando Miguel Catarino José (Deputy Director in the Directorate-General for Employment and Industrial Relations of Portugal) presented the Green Book on Industrial relations which gives an overview of the labour market in Portugal and its evolution and which could lead to legislative developments that will be outlined in a White Book. [1] 4

5 10. PRESENTATION BY THE COMMISSION ON EU ACTIVITIES IN THE FIELDS OF SOCIAL DIALOGUE (INTER-PROFESSIONAL AND SECTORAL) AND LABOUR LAW (INCLUDING RECENT RULINGS OF THE EU COURT) Mr Adam Pokorny (Head of Unit in the European Commission) presented labour law and social dialogue developments since the previous DGIR meeting in November INVITATION BY THE BULGARIAN DELEGATION TO THE NEXT MEETING IN SOFIA Mr Emil MINGOV from the Bulgarian delegation invited the members of the DGIR Group to the next DGIR meeting which shall take place on 24 November 2017 in Sofia. 12. ANY OTHER BUSINESS Nihil. ***** 5