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Ensuring more transparent and predictable working conditions

11-04-2019

An employer's obligation to inform their employees on the conditions applicable to their contracts is regulated by Directive 91/533/EEC. Major shifts in the labour market due to demographic trends and digitalisation, spawning a growing number of non-standard employment relationships, have made it necessary to revise the directive. The European Commission has responded to the need for change with a proposal aimed at updating and extending the information on employment-related obligations and working ...

An employer's obligation to inform their employees on the conditions applicable to their contracts is regulated by Directive 91/533/EEC. Major shifts in the labour market due to demographic trends and digitalisation, spawning a growing number of non-standard employment relationships, have made it necessary to revise the directive. The European Commission has responded to the need for change with a proposal aimed at updating and extending the information on employment-related obligations and working conditions, and at creating new minimum standards for all employed workers, including those on atypical contracts. In the European Parliament, the Committee for Employment and Social Affairs (EMPL) has adopted a report focused on the scope of the directive, on employees' working hours and the conditions for making information available to them, and on employers' responsibilities. The provisional agreement concluded in trilogue between European Parliament and the Council negotiators sets, among other things, new rules on the scope of the directive, the date of providing information, the length of probatory periods, and regulates working conditions in the case of variable working schedules. This agreement now needs to be approved by Parliament in plenary.

Transparent and predictable working conditions

22-02-2018

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, submitted on 21 December 2017 and referred to the European Parliament's Committee on Employment and Social Affairs. The proposal updates and replaces Directive 91/533/EEC (the Written Statement Directive, hereafter WSD), which gives employees the right to be notified in writing of the essential aspects of their contract or employment ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying the above-mentioned proposal, submitted on 21 December 2017 and referred to the European Parliament's Committee on Employment and Social Affairs. The proposal updates and replaces Directive 91/533/EEC (the Written Statement Directive, hereafter WSD), which gives employees the right to be notified in writing of the essential aspects of their contract or employment relationship. Taking into account that the labour market has evolved and new forms of work have developed in recent years, the REFIT evaluation of the WSD found that there is a need to modernise and complement the existing obligations to inform workers of their working conditions, and to create minimum standards to ensure that each worker benefits from more clarity regarding his/her working terms, irrespective of the type of employment relationship they have. According to the IA, the initiative would set a framework within which new forms of work could develop, offering fairer protection for workers, a clearer legal framework and a more level playing field for companies in the internal market (IA, pp. 6-7). The proposal, which is part of the 2018 Commission work programme, is a follow-up to the European Pillar of Social Rights. In line with the Treaty on the Functioning of the European Union (TFEU), the Commission conducted a two-stage consultation with the social partners on the revision of the WSD. There was no agreement among the social partners to enter into direct negotiations on concluding an EU-level agreement. The European Parliament has stressed the need to address the developments of the labour market and protect workers in all forms of employment. It has called for a framework directive on decent working conditions and for a revision of the WSD to take account of new forms of employment.

Direitos dos trabalhadores à informação, consulta e participação

01-02-2018

A União Europeia complementa as atividades dos Estados-Membros em matéria de direitos dos trabalhadores à informação e consulta, adotando, para tal, requisitos mínimos por intermédio de diretivas ou de medidas destinadas a fomentar a cooperação entre os Estados-Membros.

A União Europeia complementa as atividades dos Estados-Membros em matéria de direitos dos trabalhadores à informação e consulta, adotando, para tal, requisitos mínimos por intermédio de diretivas ou de medidas destinadas a fomentar a cooperação entre os Estados-Membros.

The Written Statement Directive

04-04-2017

The Written Statement Directive obliges employers to provide employees with a written statement on the essential aspects of the work contract or employment relationship. Despite the fact that the directive was transposed into the legal systems of all Member States, the reports show several cases of its incorrect or inadequate implementation. Furthermore, new forms of employment have emerged since the directive's adoption in 1991, which it does not cover. Court of Justice jurisprudence clarifying ...

The Written Statement Directive obliges employers to provide employees with a written statement on the essential aspects of the work contract or employment relationship. Despite the fact that the directive was transposed into the legal systems of all Member States, the reports show several cases of its incorrect or inadequate implementation. Furthermore, new forms of employment have emerged since the directive's adoption in 1991, which it does not cover. Court of Justice jurisprudence clarifying several of the directive's provisions has to be taken into account as well. The European Parliament has called on the European Commission to update the Written Statement Directive so that it would react to these challenges. Similarly, the EESC has recommended that the existing legislation be updated. Furthermore, the representatives of various stakeholder groups have voiced requests to update this piece of EU legislation. Last, but not least, the European Commission itself has expressed the willingness to revise the Written Statement Directive as part of the REFIT exercise. It is expected that the Commission will submit this proposal on 26 April 2017.

Occupational pensions: Revision of the Institutions for Occupational Retirement Provision Directive (IORP II)

23-01-2017

In 2014, the European Commission proposed a revision (‘IORP II’) of the existing Institutions for Occupational Retirement Provision (IORP) Directive of 2003, which covers certain occupational pension savings. These are overwhelmingly in the United Kingdom (55.9% of IORP assets) and the Netherlands (30.7%). The proposed revision aims to improve the governance, risk management, transparency and information provision of IORPs and help increase cross-border IORP activity. Stakeholders generally welcomed ...

In 2014, the European Commission proposed a revision (‘IORP II’) of the existing Institutions for Occupational Retirement Provision (IORP) Directive of 2003, which covers certain occupational pension savings. These are overwhelmingly in the United Kingdom (55.9% of IORP assets) and the Netherlands (30.7%). The proposed revision aims to improve the governance, risk management, transparency and information provision of IORPs and help increase cross-border IORP activity. Stakeholders generally welcomed the focus of the proposal and the lack of new prudential rules, but felt the revision was overly detailed and prescriptive and did not respect national competences, nor reflect the variety of IORPs and their position as social (not just financial) entities. Following trilogue discussions, the compromise text was adopted at first reading in the European Parliament’s plenary on 24 November, an then adopted by the Council on 8 December. It came into effect on 12 January 2017 and Member States have two years from then to transpose it into national law. This briefing updates an earlier edition, from September 2016: PE 589.800.

Consolidation and simplification of three Directives in the area of information and consultation of workers: Implementation Appraisal

19-06-2015

This Implementation Appraisal concentrates on three Directives in the area of information and consultation of workers subject to simplification and/or consolidation according to the CWP 2015: 1) Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies; 2) Directive 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings ...

This Implementation Appraisal concentrates on three Directives in the area of information and consultation of workers subject to simplification and/or consolidation according to the CWP 2015: 1) Directive 98/59 on the approximation of the laws of the Member States relating to collective redundancies; 2) Directive 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses and; 3) Directive 2002/14 establishing a general framework for informing and consulting employees in the European Community (the Directives). This briefing is one of a series of 'Implementation Appraisals', produced by the European Parliamentary Research Service (EPRS), on the operation of existing EU legislation in practice. Each such briefing focuses on a specific EU law which is, or will shortly be, subject to an amending proposal from the European Commission, intended to update the current text. 'Implementation Appraisals' aim to provide a succinct overview of material publicly available on the implementation, application and effectiveness of an EU law to date - drawing on available inputs from, inter alia, the EU institutions and advisory committees, national parliaments, and relevant external consultation and outreach exercises.

Information and Consultation of Workers, Anticipation and Management of Restructuring Processes: European Added Value Assessment (+Annexes I-IV)

15-11-2012

The economic crisis, accompanied by increased competitive pressure at EU level, has contributed to a steady rise in the number of companies undergoing restructuring and closure. Against this background, an open attitude to change is essential in order to be competitive in a global and challenging market. At the same time, there is also an urgent need to mitigate the negative consequences for both workers and employers of the ensuing labour market adjustments. The proposed measure is likely to generate ...

The economic crisis, accompanied by increased competitive pressure at EU level, has contributed to a steady rise in the number of companies undergoing restructuring and closure. Against this background, an open attitude to change is essential in order to be competitive in a global and challenging market. At the same time, there is also an urgent need to mitigate the negative consequences for both workers and employers of the ensuing labour market adjustments. The proposed measure is likely to generate added value. EU-level intervention might be appropriate, inter alia, to limit the social costs of structural adjustment; to provide an integrated and coherent approach to dealing with restructuring; to eliminate potential distortions of competition within the internal market and inequalities in treatment of workers, resulting from divergences in national regulations. This European Added Value Assessment analyses all these different aspects. Annexes of the study : ANNEX I : Legal and consistency aspects ; ANNEX II : Aspects relating to the necessity of intervention at EU level ; ANNEX III : Economic and social impacts ; ANNEX IV : Aspects relating to the necessity of intervention at EU level

Autor externo

Edoardo Ales (Annex I), Mark Carley (Annex II), Matrix Insight (Annex III) and Isabelle Schömann (Annex IV)

Impact and Assessment of EU Directives in the field of "INFORMATION & CONSULTATION"

03-07-2006

Autor externo

Applica sprl 37, Rue Van Campenhout 1000 Brussels Belgium

Futuros eventos

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