REPORT on modernising labour law to meet the challenges of the 21st century
25.6.2007 - (2007/2023(INI))
Committee on Employment and Social Affairs
Rapporteur: Jacek Protasiewicz
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
on modernising labour law to meet the challenges of the 21st century
The European Parliament,
– having regard to ILO Convention C87 on freedom of association and protection of the right to organise (1948), ILO Convention C98 on the right to organise and collective bargaining (1949) and ILO Recommendation R198 (2006) concerning the employment relationship,
– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation[1],
– having regard to its resolution of 6 September 2006 on a European Social Model for the future which reiterates the European Union's common values of equality, solidarity, non-discrimination and redistribution[2],
– having regard to Articles 136 to 145 of the EC Treaty,
– having regard to Articles 15, 20 and 27 to 38 of the Charter of Fundamental Rights of the European Union[3], in particular the rights to protection in the event of unjustified dismissal and fair and just working conditions,
– having regard to the European Social Charter,
– having regard to the Report of the High Level Group on the future of social policy in an enlarged European Union of May 2004,
– having regard to the Commission’s Community Lisbon Programme and its implementation in 2006 (SEC(2006)1379),
– having regard to the Commission Communication on the Social Agenda (COM(2005)0033),
– having regard to the national Lisbon reform programmes as presented by the Member States,
– having regard to the Commission’s Communication entitled ‘Global Europe: competing in the world’(COM(2006)0567),
– having regard to the Commission’s Communication on Integrated Guidelines for Growth and Jobs (2005-2008) (COM(2005)0141),
– having regard to the European Council conclusions of March 2000, March 2001, March and October 2005 and March 2006,
– having regard to Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP[4],
– having regard to its resolution of 23 March 2006 on demographic challenges and solidarity between generations[5],
– having regard to Directive 96/71 EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services[6] ,
– having regard to its resolution of 26 October 2006 on the application of Directive 96/71/EC on the posting of workers[7],
– having regard to the Migrant Workers (Supplementary Provisions) Convention, 1975, of the International Labour Organisation (ILO),
– having regard to the Employment Relationship Recommendation, 2006, of the ILO,
– having regard to the Private Employment Agencies Convention, 1997, of the ILO,
– having regard to the ILO’s decent work agenda,
– having regard to the Commission communication on promoting decent work for all: The EU contribution to the implementation of the decent work agenda in the world (COM(2006)0249),
– having regard to Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women[8],
– having regard to Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions[9],
– having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC[10],
– having regard to Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work[11],
– having regard to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees[12],
– having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions[13],
– having regard to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Annex : Framework agreement on part-time work[14],
– having regard to Rule 45 of its Rules of Procedure,
– having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Internal Market and Consumer Protection and the Committee on Women’s Rights and Gender Equality (A6‑0247/2007),
A. whereas, at a time of globalisation and rapid technological progress, demographic change and significant growth of the services sector, improvement of European labour law where necessary is one of the elements which will ensuring that both undertakings and workers are able to adapt successfully, thereby reinforcing the values of the European Social Model,
B. whereas economic growth is one of the fundamental conditions for sustainable employment growth, and whereas social policies, when appropriately designed, should not be regarded as a cost, and indeed can be a positive factor in the European Union's economic growth in line with achievement of the Lisbon agenda,
C. whereas the European Union is not only a free trade area but also a community of shared values and, as a consequence, labour law should reflect those values, and whereas the basic principles of labour law which have developed within Europe over the last 200 years remain valid; whereas labour law provides legal certainty and protection for workers and employers by way of either legislation or collective agreement, or a combination of the two, and whereas it regulates the balance of power between worker and employer, and whereas the success of any changes in labour law will be greater if workers feel more secure and whereas such security also depends on how easy it is to find a new job,
D. whereas new forms of non-standard contracts and flexible standard contracts (e.g. part-time contracts, fixed-term contracts, temporary contracts through employment agencies, recurring freelance contracts and project contracts), some of which are non-secure in nature, today are increasingly common in the European labour market,
E. whereas such forms of contractual relations, if accompanied by the necessary guarantees of employee security, can contribute towards providing businesses with the adaptability required in the new international context and at the same time towards responding to the specific needs of employees for a different balance between personal and family life and professional training,
F. whereas part-time employment has accounted for around 60 % of newly-created jobs in the European Union since 2000, and whereas 68 % of part-time workers are satisfied with their working hours, whereas, however, this degree of satisfaction is closely linked to the level of protection that is afforded to part-time workers by labour law and social security,
G. whereas part-time work is predominantly a feature of female employment, as it is often a compromise strategy that women follow because of the lack of accessible and affordable facilities for childcare and dependent persons care,
H. whereas existing EC legislation promoting gender equality has not achieved its aims to date and the gender pay gap and lack of provisions concerning the reconciliation of work and family life and public childcare services remain key concerns for European workers,
I. whereas temporary employment has grown faster in Member States where changes have been made to the relevant rules to encourage temporary employment and whereas non-standard employment may be beneficial if it suits the circumstances of workers and is voluntary; but whereas, at present, much non-standard employment is not chosen and many workers are falling outside the scope of fundamental labour and social rights, thereby undermining the principle of equal treatment,
J. whereas only 60% of those who had taken up non-standard contractual arrangements in 1997 had standard contracts in 2003, indicating that 40% of non-standard workers still do not benefit from full employment status after 6 years; whereas this concerns in particular young people who increasingly enter into employment via alternative forms of employment with working and social conditions which are much more insecure than average, and who increasingly risk remaining trapped on the margins of the labour market,
K. whereas the recent growth in non-standard contracts has brought with it differences in working conditions in terms of health and safety that can lead to poorer working conditions and higher accident rates,
L. whereas, given that inequalities generate direct and indirect economic costs and – on the contrary – equal treatment generates competitive advantages, the establishment of equal treatment constitutes a major strategic contribution to social and economic development; whereas, furthermore, the European Union cannot afford to dispense with the energy and the productive capacity of women, who make up half of the population,
M. whereas women are now confronted with a triple bind, i.e. to increase their labour market participation, to give birth to more children, and to assume more and more caring responsibilities within their families; whereas it is nearly always women who are required to make the compromises necessary to fit work around the family’s needs and who experiences high levels of stress and anxiety because of the combination of working and caring roles,
N. whereas it is a fact that hundreds of thousands of women have no choice but to accept irregular conditions of employment, because they are domestic workers outside their own household or have caring responsibilities for elderly family members,
O. whereas workers who have non-standard contracts are often at higher risk than their colleagues in other forms of employment due to lack of training, not knowing about risks, and unawareness of rights,
P. whereas all workers should benefit from adequate employment security and protection, independently of their contractual arrangements,
Q. whereas in a number of Member States collective bargaining helps the labour market to operate flexibly and is a key element of labour law as well as an essential regulatory tool; whereas conditions concerning industrial relations must be respected and traditions of industrial relations and level of trade union membership vary in the Member States; whereas Member States should promote social dialogue between social partners at all levels because this can be an effective means of helping to achieve appropriate reforms in labour law, R. Whereas action at European Union level must respect Member States' competence in the field of labour law and the principles of subsidiarity and proportionality, at the same time the European Parliament expects the Commission to propose legislative initiatives when this is necessary to underpin a system of minimum social standards applicable throughout the Union, on the basis of the Community acquis,S. whereas in order to meet the current economic challenges the European Union must do its utmost to ensure the stability of the Member States’ labour markets, respond to the large-scale redundancies in certain sectors and provide its citizens with a higher level of health and safety in the workplace than before, which is essential for maintaining living conditions in harmony with human dignity and fundamental European values,
1. Welcomes a new approach to labour law that aims to cover all workers regardless of their contractual situation;
2. Welcomes discussions on the need to improve labour law to meet the challenges of the 21st century, in particular the need to reduce the insecurity sometimes associated with non-standard forms of employment, and to enhance the protection of vulnerable workers, in order to create more and better jobs and greater social cohesion, thereby helping to achieve the goals of the Lisbon Strategy; considers that improving labour law should be consistent with the principles of the Charter of Fundamental Rights, with particular reference to Title IV, and must respect and safeguard the values of the European social model and established social rights;
3. Notes with great concern that the Commission's Green Paper, while recognising that the current labour market conditions create gender inequality, for example in terms of the gender pay gap and occupational and sectoral segregation, totally ignores the obligations and responsibilities under the Commission comunication entitled 'A Roadmap for equality between women and men' (COM(2006)0092);
4. Notes, again with great concern, that the Green Paper, although recognising that women face an imbalance between their professional and private lives, ignores the urgent need for action in order to reconcile professional and private life with demographic challenges, which complies with the European Pact for Gender Equality and the Commission’s Communication on the demographic future of Europe (COM(2006)0571);
5. Considers that the priorities for labour law reform are: (a) extending protection to workers in atypical forms of employment; (b) clarifying the situation of dependent employment and the grey areas between self-employment and employees with a dependent employment relationship; (c) taking action against undeclared work; and (d) facilitating the transition between various situations of employment and unemployment;
6. Underlines that the European economy needs more people in employment in order to be able to compete globally and to fulfil the promises of social security;
7. Regrets, however, that the social partners were not consulted as foreseen by Article 138 of the EC Treaty, considering that the Green Paper clearly has important implications for the social policy field;
8. Considers that, if labour law is to meet the challenges of the 21st century, it must focus to a large extent on employment security throughout a worker's life rather than protecting particular jobs, making it easier both to enter and to stay in the labour market and to change from unemployment to employment and from one job to another through the use of active labour policies focused both on human capital development and on creating a supportive business climate as well as improving the quality of jobs;
9. Considers that the labour relations which characterise citizens’ employment and professional activity have been subject to profound changes over the course of the last decade, notes that the permanent full-time contract is the common form of the working relationship and as such should be seen as the reference for a coherent and consistent application of the principle of non-discrimination, therefore believes that European labour law should reinforce employment contracts of an indefinite duration as the general form of employment where adequate social and health protection is provided and respect for fundamental rights is ensured;
10. In this respect acknowledges the need for working time arrangements to be sufficiently flexible to meet the needs of employers and employees and to enable people to better balance work and family life as well as to safeguard competitiveness and improve the employment situation in Europe, without neglecting the health of employees;
11. Strongly disagrees with the analytical framework presented in the Green Paper, which claims that the standard indefinite employment contract is outdated, increases labour market segmentation and the gap between ‘insiders’ and ‘outsiders, and must therefore be regarded as an obstacle to employment growth and improved economic dynamism;
12. Stresses that labour legislation is only efficient, fair and strong if it is implemented by all Member States, applied equally to all actors and controlled on a regular basis and in an efficient manner; requests that within the “Better legislation” initiative the Commission should strengthen its role as Guardian of the Treaty concerning the implementation of social and employment legislation; criticizes the Commission for interfering with Member State’s right to control the application of Community law in the case of posting of workers;
13. Points out that recent OECD and other studies have shown that there is no evidence for the claim that reducing dismissal protection and weakening standard employment contracts facilitates employment growth; points out that the example of the Scandinavian countries shows clearly that a high level of dismissal protection and employment standards is fully compatible with high employment growth;
14. Notes that certain forms of non-standard contracts, depending on how well they are embedded in labour and social security law, as well as the provision of lifelong learning and training opportunities, can contribute both to improving the EU’s economic competitiveness and also to for catering for different needs of workers, bearing in mind the stage of life they are at and their job prospects; at the same time recognises that non-standard forms of work must go hand in hand with support for workers who find themselves in situations of transition from one job to another, or from one employment status to another; also notes that in order to make this transition rapid and sustainable, it is necessary to focus on active intervention allowing workers who re-enter the labour market to be entitled to some level of income support during the period strictly necessary for them to become more employable through training and requalification;
15. Stresses that the Green Paper should focus on labour law itself;
16. Regrets the Commission's focus on individual labour law, and urges the Commission to focus on and promote collective labour law as the means to increase both flexibility and security for workers and employers;
17. Firmly believes that any form of employment, whether non-standard or otherwise, should carry with it a core of rights regardless of the specific employment status, which should include: equal treatment, workers’ health and safety protection and provisions on working/rest time, freedom of association and representation, collective bargaining, collective action, and access to training;at the same time stresses that these matters should be adequately enforced at Member State level, taking into account the different traditions and social and economic circumstances in each country; underlines that European legislation is not in contradiction to national legislation, but should be viewed as complementary;
18. Notes that a fundamental part of labour law in many Member States, and as enshrined in the Treaty, is the right to take collective action, and that the Commission has stated in proceedings before the Court of Justice that the specific form of some Nordic collective actions is in accordance with the EC Treaty, and requests the Commission to respect collective agreements as a specific type of labour law as recognised by the Court of Justice;
19. Requests that all workers have access to the same level of protection and that certain groups are not excluded by default from the broadest level of protection, such as is currently often the case for seafarers, workers on vessels and offshore workers as well as workers in road transport; requests that efficient legislation should apply to all persons regardless of the place where they work;
20. Considers that excessive administrative burdens can deter employers from taking on new workers even during times of economic growth, thereby worsening job prospects and preventing workers from entering the labour market. Stresses that job creation is a priority European objective in accordance with the decisions taken by the Council in Lisbon in 2000;
21. Notes the growing informal economy and especially the labour exploitation of undocumented workers and considers that the best ways to combat this phenomenon are to focus on instruments and mechanisms to tackle exploitation, including more and better enforcement of labour law and labour standards and to make legal employment easier and focus on fundamental human rights of workers; calls on Member States to bring forward legislation to prevent the exploitation of vulnerable workers by gangmasters and to sign and ratify the UN Convention on the Protection of the Rights of All Migrant Workers and their Families and to sign and ratify the Council of Europe Convention on trafficking in human beings;
22. Welcomes the wide variety of labour traditions, contractual forms and business models existing in labour markets;
23. Calls for the creation of flexible and secure contractual arrangements in the context of modern work organizations;
24. Highlights that small and medium-sized enterprises (SMEs) are recognised as a major driver for creating and increasing employment in Europe as well as fostering social and regional development; believes therefore that it is vital to increase SME's role in improving labour law;
25. Considers that for more effective application of European law it is necessary to strengthen the industrial relations system and respond appropriately to the absence of employee representation in certain sectors, where most economic activity is undertaken by SMEs employing fewer than 10 people (this absence of representation being particularly pronounced in the new Member States);
26. Endorses the Council’s aim of mobilising all appropriate national and Community resources to develop a skilled, trained and adaptable workforce and labour markets responsive to the challenges stemming from the combined impact of globalisation and of the ageing of European societies;
27. Notes that due to labour market segmentation, where job security is low and employment is more unstable,, in many of non standard contracts there is little access to education and training, occupational pensions and professional development provided, and in general underinvestment in human capital; underlines that this increases economic insecurity and creates opposition to change and globalization in general;
28. Notes that, in many Member States, because no adequate social security exists, it is impossible to obtain a pension in the second pillar, bringing extra pressure to bear on old-age pensions in the first pillar;
29. Believes that a combination of individual motivation, employers' support, accessibility and availability of facilities are the most important factors as regards participation in the process of lifelong learning and calls for the development of the education sector and schools which meet labour market requirements and workers’ and employers’ individual expectations; stresses the need for proper linking of professional careers and school syllabuses;
30. Points to the urgent need to improve the educational level of the EU population and urges the Commission, Member States and the social partners to invest in lifelong learning and the development of human capital as the most effective means of overcoming long-term unemployment, in which connection the development of skills and the acquisition of qualifications is in the general interest, as the European social partners jointly emphasise in the 2006 Framework of Action for the Lifelong Development of Competences and Qualifications';
31. Is of the opinion that reforms of labour law should facilitate companies' investment in the skills of their workers, stimulate workers to upgrade their own skills and guarantee the intervention of social security systems to ensure such an approach;
32. Stresses the importance of arriving at a degree of consistency in the field of labour law, which may be achieved though directives and collective agreements and the open method of coordination, urges the Commission to take account of the vast differences that exist between national labour markets and the Member States' competency in this area, but reminds of the goal to create a competitive, innovative and inclusive Europe and more and better jobs;
33. Notes the lack of proper implementation and enforcement of existing European legislation, and calls on the Commission coordinate between national labour law and social inspectorates; (ex 337)stresses the need for Member States to bring their health and safety legislation in accordance with European legislation;
34. Considers that the rights of cross-border workers could be adequately protected under the relevant legislation if it were effectively implemented and that the aim of adopting a single definition of a worker and a self-employed person under Community law is extremely complex because of the very different social and economic realities and traditions in the individual Member States. At the same time, there needs to be an initiative aimed at raising a certain level of convergence necessary to guarantee that the implementation of the Community acquis is coherent and more efficient; this convergence should respect the rights of the Member States to determine the existence of an employment relationship;
35. Calls on the Commission to ensure that a distinction be drawn in compliance with the guidelines laid down by the Court of Justice; calls on the Commission to initiate negotiations with the Member States as a matter of urgency, with the aim of establishing transparent and consistent criteria for determining the status of "workers" and "self-employed persons" in employment law; restates Parliaments position that any definition of a worker should be based on the de facto situation at the place and time of work;
36. Calls on Member States to promote the implementation without delay by the Member States of the 2006 ILO Recommendation on the scope of the employment relationship;
37. Appeals to the Member States to note the Recommendation of the International Labour Organisation that employment law should not interfere with genuine commercial relationships;
38. Urges that the open method of coordination be used in the sphere of employment policy and social policy as a useful instrument for exchanging best practice so as to respond to joint challenges in a flexible and transparent manner and taking into account the diverse conditions which are of crucial importance for labour markets in individual Member States;
39. Recommends to the Member States, the Council and the Commission that, within the framework of the Open Method of Coordination, they exchange best practices concerning the flexible organisation of working time and take account of innovative working time arrangements that strike a good balance between work and family life;
40. Calls on the Commission to continue collecting and analysing information on national labour markets so as to ensure that exchanges of good practice in connection with the employment policies pursued in individual Member States are based on reliable data, particularly homogeneous and comparable statistics;
41. Calls on the Member States to review and adapt social security systems and to complement active labour market policies, particularly training and life long learning with a view to new realities of work supporting professional transitions and (ex 386)re-entry into labour market to prevent any unnecessary dependence on benefits and work in the informal sector;
42. Strongly condemns the abusive replacement of regular employment with new forms of employment without any imperative economic necessity, which is commonly resorted to in European media undertakings in particular, with the aim of maximising short-term profits to a far greater than normal extent, at the expense of the general public, employees and competitors; stresses that such action violates the European social model, as it lastingly destroys the consensus, fairness and trust between employers and employees; urges Member States and the two sides of industry to take action in this regard in order to halt irresponsible abuses;
43. Reminds that flexicurity is defined as combining flexibility and security in the job market in a way that helps increase both productivity and the quality of jobs by guaranteeing security, while at the same time allowing firms the flexibility needed to create jobs in response to the changing needs of the market; is of the opinion that flexibility and security requirements are not contradictory and are mutually reinforcing;
44. Stresses that flexicurity can only be achieved by effective and modern labour law that reflects the changing realities of work; Notes that collective bargaining and strong social partners are an important part of the flexicurity approach; believes however that there are various models of flexicurity. Notes that a common approach should be based on combining firms and workers ability to adapt with a sufficient level of social protection, social security and unemployment benefits, active labour market policies and training/ lifelong learning opportunities; Considers that broad welfare provisions and universal access to services such as childcare and other dependents contribute positively to these aims;
45. Believes that the definition of flexicurity in the Commission's Green Paper is too narrow; notes however that the Commission will publish a communication on flexicurity;
46. Believes that older workers should be able to remain in the workforce on a voluntary and flexible basis, supported by appropriate training and healthcare at work; highlights the urgent need for positive action to encourage older workers re-enter the labour market, and the need for more flexibility in the choice of pension and retirement schemes;
47. Calls on the Commission and Member States to recognise that labour law, has an immense influence on the behaviour of enterprises, and that their confidence in stable, clear and sound provisions is a key element when taking decisions to create more and better jobs and calls therefore on the Member States to implement and enforce properly all the existing EU legislation affecting labour markets;
48. Calls on the Member States and the Commission to strengthen rights for parental leave and childcare provisions at both national and European level for both men and women;
49. Welcomes the strategy outlined to fight against undeclared work and the
underground economy, which - although present to a varying extent in the different Member States - damages the economy, leaves workers unprotected, is detrimental to consumers, reduces tax revenues and leads to unfair competition between firms; shares the Commission's approach to combat undeclared work through a strong coordination between government enforcement agencies, labour inspectorates and/or trade unions, social security administrations and tax authorities and calls on Member States to use innovative methods based on indicators and benchmarks specific to the different business sectors in order to fight against fiscal erosion;
50. Calls on the Commission to launch an information campaign directed at employers and workers aimed at drawing attention to the applicable EU minimum rules and regulations and adverse effects clandestine work can have on national social security systems, public finances, fair competition, economic performance and on workers themselves;
51. Calls for special attention to be directed to young workers who are most engaged in temporary work to ensure that their lack of experience on the job does not lead to work-related accidents; encourages Member States to exchange good practice in this regard and calls on temporary employment agencies to raise awareness among employers and the young workers themselves;
52. Highlights the role of the social partners in informing and training workers and employers on their rights and obligations in an employment relationship and on the enforcement of existing law in this area and therefore calls on the Commission to promote technical support for social partners and to encourage them to share (ex 434)knowledge and experience in order to improve working conditions;
53. Highlights the valuable role played by the social partners which already achieved some success in reforming labour markets, namely through the conclusion of agreements on parental leave, part time work and fixed-term contracts, as well as telework and lifelong learning;
54. Believes that the Member States must demonstrate a spirit of openness in the dialogue with the social partners on the subject of modernising labour law and adapting it to the challenges of the 21st century, take account of the social partners’ arguments and respond to their concerns;
55. Points to the positive role that collective bargaining at national, sectoral and company level can play in employment relationships and work organisation, increasing the productivity of firms and improving working conditions, thereby encouraging growth in employment and points to the possibility of changing arrangements so as to strengthen the role of collective bargainingand open up such bargaining for solutions close at company level which benefit employees and employers;
56. Calls on the Commission and the Member States under the programme to improve law-making to cooperate constantly with the social partners, and where appropriate other relevant, representative civil society bodies on any legislation in the labour law or social policy fields; with a view to simplifying administrative proceduresfacing small and medium-sized (ex 297)enterprises and new firms in particular, making their financial situation easier to increase their competitiveness in order to create jobs;
57. Calls on the Commission to regulate joint and several liability for general or principal undertakings, in order to deal with abuses in the subcontracting and outsourcing of workers and to set up a transparent and competitive market for all companies on the basis of a level playing field regarding respect for labour standards and working conditions, in particular calls on the Commission and the Member States to clearly establish at European level who is responsible for compliance with labour law and for paying the associated wages, social security contributions and taxes in a chain of subcontractors;
58. Expresses its deep conviction that creating insecure, poorly-paid jobs is not an appropriate response to the relocation trend affecting more and more sectors; considers, on the contrary, that it is investment in research, development, training and life-long learning which will be able to boost those sectors which are currently suffering from a lack of competitiveness;
59. Calls on the Commission to facilitate the establishment of a dispute settlement system, to enable the European agreements between social partners to develop into an effective and flexible tool that can foster a more effective regulatory approach at European level;
60. Calls on the Member States to remove the restrictions on access to their labour markets and thus improve worker mobility within the EU, thereby enabling the goals of the Single Market and the Lisbon Strategy to be achieved more swiftly;
61. Instructs its President to forward this resolution to the Council and Commission, and the Parliaments of the Member States and candidate countries.
.
- [1] OJ L 303, 2.12.2000, p. 16.
- [2] OJ C 305 E, 14.12.2006, p. 141,
- [3] OJ C 364, 18.12.2000, p. 1.
- [4] OJ L 175, 10.7.1999, p. 43.
- [5] OJ C 292 E, 1.12.2006, p. 131.
- [6] OJ L 18, 21.1.1997, p. 1.
- [7] Texts Adopted, P6_TA(2006)0463.
- [8] OJ L 45, 19.2.1975, p. 19.
- [9] OJ L 39 , 14.2.1976, p. 40.
- [10] OJ L 348, 28.11.1992, p. 1.
- [11] OJ L 216, 20.8.1994, p. 12.
- [12] OJ L 254, 30.9.1994, p. 64.
- [13] OJ L 269, 5.10.2002, p. 15.
- [14] OJ L 14, 20.1.1998, p. 9.
EXPLANATORY STATEMENT
The aim of the Commission's Green Paper on 'Modernising labour law to meet the challenges of the 21st century' is to launch a public debate in the EU on how labour law can be modernised to meet the main challenges deriving above all from globalisation and the ageing of European societies. Moving labour law in this direction seems to be vital if the two most important aims of the Lisbon Strategy - making the EU the world's most competitive economy by 2010 and creating high levels of employment - are to be achieved.
Since growth in employment is possible only in combination with economic growth, modernisation of labour law must take into account the expectations of both workers and employers. In fact, these are not completely divergent in the European Union, where a culture of conflict - the philosophical basis of labour law, which was originally intended to protect the weaker party in the employment relationship - is gradually being replaced by a culture of cooperation. At present, the shared aim of workers and employers is to be able to adapt to changing conditions stemming from rapid technological development, increased competitiveness - a consequence of both globalisation and changing consumer demand - and also from the very swift development of the services sector. At the Hampton Court Summit in October 2005, taking these factors into account, the European Council adopted, a Commission communication on European values in a globalised world, which called on the Member States to apply active labour market policies and promote flexibility and adaptability designed 'to protect people rather than jobs'. The communication also pointed to the need to improve the regulatory environment at EU and national level, so as to 'free businesses and citizens from unnecessary costs and red tape'.
The Green Paper appears to be a continuation of the line of thinking which holds that the creation of a more flexible labour law framework is essential. This does not mean a radical retreat from compulsory standards of employment security, but may require changes in the quality of those standards reflected in a change from the concept of 'job security' to that of 'employment security' and from the notion of 'security with a job' to that of 'security of a job'. Labour law geared essentially to protecting workers employed under standard labour relations based on permanent labour contracts will not deter those not in conventional employment from responding flexibly to market needs. Over-strict regulation of the labour market has adverse effects on economic growth and growth in employment, deterring employers from offering legal work and encouraging both employers and workers to resort to the black market.
Lack of flexibility in labour law also results in the development of alternative forms of employment which, as statistical data show, increase job opportunities for persons beginning their working life, as well as those of retirement age or wishing to return to work after a break. These also provide young students or parents bringing up children with an easy way of combining work with study or family life. Given the growing popularity of such forms of employment, as well as their favourable effects as regards making it easier to enter and stay in the labour market, labour law must respect them, while at the same time protecting the workers concerned from discrimination and ensuring the maintenance of certain minimum rights, to be determined according to the traditions and social and economic conditions of each Member State. However, there is no need to seek to eliminate the differences between traditional and alternative forms of employment. Establishing common minimum employment standards for all forms of employment would not only be very difficult, but could lead to the erection of further barriers to access to the legal labour market for many social groups, including those most vulnerable to marginalisation.
The creation of new uniform standards and definitions at Union level should be approached with particular restraint. The differences between Member States are so great that introducing such uniform measures could have the effect of reducing economic efficiency and thus adversely affecting employment levels. The European Union has an impressive array of regulations governing the labour market and there is no need to introduce new ones. However, there is a need for a routine review of existing legislation to gauge its impact on the operation of enterprises, particularly SMEs and on employment levels in the Union.
In this connection, it would undoubtedly be useful for the Member States to adopt a bolder policy aimed at completing the single market, with particular reference to the free movement of workers and services. The efforts undertaken by the Community institutions should result in the removal of barriers and difficulties arising at supranational level, since these continue to be a major factor hampering the growth of mobility for European citizens, which is crucial to economic growth and hence to employment. The open method of coordination should serve as a framework for more dynamic exchanges of positive experience by Member States in the field of active labour market policies.
The Commission, in its report on Employment in Europe 2006, deals with flexibility and security in EU labour markets and explicitly points out that, from a long-term prospective, providing competent training for people without work has a much greater positive influence in helping them cope in the labour market. Hence greater emphasis must be placed on the availability and quality of training both for workers and the unemployed. However, because individual motivation is of key importance to the success of any learning process, appropriate courses, such as entrepreneurial studies and personal career management, should be a permanent feature of school syllabuses.
The Lisbon strategy goals relating to professional activity have been attained in four EU countries, which considerably differ from others by virtue of the numerical strength and level of activity of their trade unions. However, social dialogue on questions crucial to economic development, and thus to increased employment, is needed everywhere. In addition to dialogue at European and national level, emphasis should also be placed on the value of dialogue at industry level, which provides a better framework for responding to changing market conditions. A healthy social dialogue makes it possible to overcome tensions and build trust between workers and employers. The social partners could make a positive contribution by encouraging those outside the labour market to take advantage of alternative forms of employment in situations where traditional contracts are not available. Such alternatives are better than unemployment. The Commission and the Member States' governments should support the development of strong social partners and, in the context of labour law, encourage cooperation and exchange of positive experiences between organisations, as well as promoting training and information campaigns aimed at workers and employers concerning workers' rights and the adverse effects of failure to comply with labour law requirements.
OPINION OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION (6.6.2007)
for the Committee on Employment and Social Affairs
on Modernising labour law to meet the challenges of the 21st century
(2007/2023(INI))
Draftswoman: Mia De Vits
SUGGESTIONS
The Committee on the Internal Market and Consumer Protection calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
1. Confirms that labour law is primarily the responsibility of the Member States and the social partners and varies substantially from one country to the next; stresses, nevertheless, that although the European Union has limited competence in this field, it should focus its measures on the implementation of the Lisbon Strategy objectives to secure a greater number of jobs and better quality jobs;
2. Stresses that labour law is a social protection legislation with the purpose of protection of workers;
3. Considers the social dialogue to be the appropriate framework at EU and Member-State level (under Article 137 of the EC Treaty) for setting up a regulatory framework for employment relations; accordingly considers that that social dialogue must be formally consulted as part of that discussion process; considers that a general strengthening of the social partners and increased transnational cooperation will greatly contribute to the aim of fulfilling the equality principle;
4. Takes the view that job security must really be the aim, so that when jobs are lost there is a chance of being re-employed rapidly; in this connection underlines the special importance of lifelong learning;
5. Takes the view that excessively protective employment law provisions may result in deterring companies from hiring workers; agrees with the Commission that flexible framework conditions in employment law increase the adaptability of employment markets and promote employment; further takes the view that imposing additional bureaucratic burdens on companies must not be allowed, but that administrative costs should be reduced, particularly where small businesses are concerned; endorses here the European Council statement of 9 March 2007, to the effect that the aim should be to reduce the administrative burden by 25 % by 2012;
6. Draws attention to the posting of workers directive, the regulation on social security systems and other regulations at EU level that provide comprehensive protection for employees’ rights; takes the view that there is no point in defining ‘employed’ and ‘self-employed’ at European level; supports the implementation of a European labour market and the free movement of service providers in the Union; cases of conflict between national labour law and internal market rules should be resolved through precedence being given to national labour law rules;
7. Considers that the Posting of Workers Directive, by laying down minimum essential rules for the protection of workers, is an indispensable tool for ensuring fair treatment of different workers in the context of a temporary cross-border employment relationship; considers, nevertheless, that effective control instruments are essential in order to combat abuse; notes, however, in this regard, that existing Court of Justice case law recognises that the host Member State should only be authorised to request documents, in accordance with the principle of proportionality; calls, additionally, on the Commission to work more actively with the Member States on improving cross-border cooperation between inspection bodies;
8. Refers, in this regard, to the Wolff & Müller judgment of the Court of Justice recognising the principle of responsibility for the chain between the contracting undertaking and the subcontracting undertaking; calls on the Commission to encourage and facilitate enhanced cooperation and sharing of best practice between Member State authorities; calls for the main undertaking not to be subjected to any additional bureaucratic or financial burden.
PROCEDURE
|
Title |
Modernising labour law to meet the challenges of the 21st century |
||||||
|
Procedure number |
2007/2023 (INI) |
||||||
|
Committee responsible |
EMPL |
||||||
|
Opinion by |
IMCO |
||||||
|
Drafts(wo)man |
Mia De Vits |
||||||
|
Discussed in committee |
12.4.2007 |
8.5.2007 |
4.6.2007 |
|
|
||
|
Date adopted |
5.6.2007 |
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|
Result of final vote |
+: –: 0: |
18 16 1 |
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|
Members present for the final vote |
Daniela Buruiană-Aprodu, Charlotte Cederschiöld, Gabriela Creţu, Mia De Vits, Rosa Díez González, Janelly Fourtou, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Edit Herczog, Pierre Jonckheer, Alexander Lambsdorff, Kurt Lechner, Lasse Lehtinen, Toine Manders, Arlene McCarthy, Béatrice Patrie, Zita Pleštinská, Guido Podestà, Giovanni Rivera, Zuzana Roithová, Luisa Fernanda Rudi Ubeda, Heide Rühle, Christel Schaldemose, Andreas Schwab, Alexander Stubb, Eva-Britt Svensson, Marianne Thyssen, Horia-Victor Toma, Jacques Toubon, Barbara Weiler |
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|
Substitute(s) present for the final vote |
Wolfgang Bulfon, André Brie, Manuel Medina Ortega, Anja Weisgerber |
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|
Substitute(s) under Rule 178(2) present for the final vote |
Cristobal Montoro Romero, Paul Rübig |
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|
Comments (available in one language only) |
... |
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OPINION OF THE COMMITTEE ON ECONOMIC AND MONETARY AFFAIRS (5.6.2007)
for the Committee on Employment and Social Affairs
on modernising labour law to meet the challenges of the 21st century
(2007/2023(INI))
Draftswoman: Donata Gottardi
SUGGESTIONS
The Committee on Economic and Monetary Affairs calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
1. Stresses the need to investigate social, economic and legislative innovations which respect and promote the Community acquis - involving all stakeholders and on the basis of collective agreements, as required at institutional level - and considers that it is necessary to change the way in which work is organised and to promote a working culture based on trust, dignity, responsibility, security and flexibility;
2. Stresses the social and economic importance of getting more people into employment; underlines that high unemployment in Europe today undermines wealth and future prosperity as well as European competitiveness, and, even more importantly, creates social segregation and division between employed and unemployed people and, for unemployed individuals, without doubt, leads to isolation, dependence and reduced self-esteem;
3. Underlines that the European economy needs more people in employment in order to be able to compete globally and to fulfil the promises of social security;
4. Emphasises that the high level of unemployment in Europe is a failure which calls for actions making it easier for more people to enter the labour market, increasing mobility on the labour market and making it easier for individuals to change jobs without losing security;
5. Calls for reforms making it more important to stay on the labour market, reducing the risks of poverty traps and segregation;
6. Sets the objective of creating 'more and better jobs' with a view to using growth and competitiveness to improve living and working conditions and pursuing development with due respect to social cohesion and sustainability for the benefit of future generations, changes arising from globalisation, demographic challenges, new technologies and the service economy; emphasises that the efficient labour market is a precondition to achieving these objectives; calls for the creation of a flexible environment as a precondition for achieving growth and competitiveness;
7. Stresses the importance of guaranteeing consistency between progress in the field of labour law achieved with EU harmonisation through directives and collective agreements and the open coordination method, with particular attention to the new Member States, and urges the Commission to take account of the persisting differences between national labour markets with a view to strengthening the project of creating a competitive, innovative and inclusive Europe;
8. Welcomes the approach taken to undeclared work and the underground economy which- although present to a varying extent in the different Member States - damage the productive system, are detrimental to consumers, reduce tax revenues and lead to unfair competition between firms; believes that the European Union has an important role to play in combating the trafficking of workers and to ensure the non-discrimination of EU citizens in labour law in all Member States; calls for a reinforcement of checks aimed at detecting undeclared work;
9. Shares the Commission's strategy towards combating undeclared work through the strong coordination between government enforcement agencies, labour inspectorates, social security administrations and tax authorities and calls on the Member States to use innovative methods based on indicators and benchmarks specific to the different business sectors in order to fight against undeclared work and fiscal erosion;
10. Considers that it is necessary to strike a fair balance between flexibility and security by taking into account the requirements and situation of firms and employees and notes that both firms and employees each require flexibility and security from one another; reiterates the need for flexibility whether in terms of types of employment or working hours thus creating the conditions for workers to access and stay in the labour market; points to the need to consider the issue of reallocating roles and reconciling professional, family and personal commitments; considers that it is necessary to take account of all forms of employment, including the caring professions and voluntary work;
11. Underlines that active labour market policies can be a more efficient way to protect workers against labour market risk and that in order to strike a balance between flexibility and security, there is therefore a need for adequate resources - in terms of amount and duration - for unemployment benefit and the simultaneous operation of a network of interventions and facilities for the training and retraining of the labour force; calls on the Member States to put in place specific measures and actions to ease professional transitions by combining active labour policies and life-long training and by promoting shared responsibility between employers and employees in the allocation and redistribution of resources and costs;
12. Draws attention to the need to devise means of adjusting safeguards rather than merely extending or reducing them, and expresses concern at the risks involved in transferring the burden to the public budget, and the potential implications for the stability and growth pact;
13. Emphasises that rules on employment protection and active employment policies should aim at improving the employment prospects of those who have a disadvantaged position and problems in gaining a foothold in the labour market such as young people, women and older workers;
14. Notes however that smaller employers often cite inflexibility in employment regulation as a deterrent to expansion and the recruitment of new employees and that the costs and difficulties of terminating employment, for justified reasons, sometimes lead to inaccurate references being given to potential future employers or the retention of inappropriate employees and that these factors can have an economic effect upon competitiveness which is of consequence to society as a whole;
15. Notes the need to pursue active employment policies based on life-long learning rather than on employees resorting to training only at times of crisis, in the conviction that the employability and adaptability of the labour force create security both for firms and for workers and are vital for the competitiveness of a knowledge-based economy; notes that the development of skills and the acquisition of qualifications are in the interests of firms and employees; notes that the social partners made a statement to that effect in the 2006 ‘Framework of Action’.
PROCEDURE
|
Title |
Modernising labour law to meet the challenges of the 21st century |
||||||
|
Procedure number |
|||||||
|
Committee responsible |
EMPL |
||||||
|
Opinion by |
ECON |
||||||
|
Enhanced cooperation – date announced in plenary |
|
||||||
|
Drafts(wo)man |
Gottardi Donata |
||||||
|
Previous drafts(wo)man |
|
||||||
|
Discussed in committee |
8.5.2007 |
4.6.2007 |
|
|
|
||
|
Date adopted |
5.6.2007 |
||||||
|
Result of final vote |
+: –: 0: |
37 0 3 |
|||||
|
Members present for the final vote |
Gabriele Albertini, Zsolt László Becsey, David Casa, Christian Ehler, Jonathan Evans, José Manuel García-Margallo y Marfil, Jean-Paul Gauzès, Karsten Friedrich Hoppenstedt, Piia-Noora Kauppi, Astrid Lulling, Cristobal Montoro Romero, Joop Post, John Purvis, Alexander Radwan, Ivo Strejček, Pervenche Berès, Udo Bullmann, Ieke van den Burg, Donata Gottardi, Joseph Muscat, Dariusz Rosati, Antolín Sánchez Presedo, Manuel António dos Santos, Sharon Bowles, Sophia in 't Veld, Andrea Losco, Margarita Starkevičiūtė, Dariusz Maciej Grabowski, Guntars Krasts, Eoin Ryan, Heide Rühle, Sahra Wagenknecht, Cristian Stănescu. |
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|
Substitute(s) present for the final vote |
Ján Hudacký, Werner Langen, Maria Petre, Andreas Schwab, Katerina Batzeli, Harald Ettl, Gianni Pittella. |
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|
Substitute(s) under Rule 178(2) present for the final vote |
|
||||||
|
Comments (available in one language only) |
|
||||||
OPINION OF THE COMMITTEE ON WOMEN'S RIGHTS AND GENDER EQUALITY (8.5.2007)
for the Committee on Employment and Social Affairs
on modernising labour law to meet the challenges of the 21st century
(2007/2023(INI))
Draftswoman: Kartika Tamara Liotard
SUGGESTIONS
The Committee on Women's Rights and Gender Equality calls on the Committee on Employment and Social Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution:
A. whereas research has shown that in the new economy social and in particular gender inequalities exist and will tend to intensify, mainly in those sectors where trade unions are weak and no collective agreements exist,
B. whereas basic employment or social protection rights might be significantly reduced for women, giving rise to a situation of uncertainty about future employment prospects and affecting crucial choices in their private lives such as planning a family,
C. whereas women are in a disadvantaged position in the labour market and are disproportionately represented in part-time work and in new, often precarious, forms of working arrangements, such as non-permanent contracts and rental work contracts, facing obstacles in seeking access to full social rights and benefits, as well as equal salaries and career opportunities,
D. having regard to the forms of discrimination suffered by women as regards access to the employment market and resulting in a higher risk of poverty, in particular persistent income differentials even in the case of women whose education and training levels equal or exceed those achieved by men,
E. whereas the disadvantaged situation of women on the employment market means that they are paid on average 15% less than men, even though equal pay for men and women has been enshrined in EU law ever since that law came into being,
F. whereas inequalities generate a direct and indirect economic cost and whereas - on the contrary - equal treatment generates competitive advantages, hence the establishment of equal treatment constitutes a major strategic contribution to social and economic development; whereas, furthermore, the European Union cannot afford to dispense with the energy and the productive capacity of women, who make up half of the population,
G. whereas women are now confronted with a triple bind, i.e. to increase their labour market participation, to give birth to more children and to face a growing demand for caring responsibilities in their families, while it is nearly always the woman who is required to make the compromises necessary to fit work around the family’s needs and who experiences high levels of stress and anxiety because of the combination of working and caring roles,
H. whereas women often leave the labour market for extended periods of time because of child or family care responsibilities and their chances of reintegrating into the labour market are reduced,
I. whereas it is a fact that hundreds of thousands of women accept irregular conditions of employment because they have no choice because they are domestic workers outside their own household or have caring responsibilities for elderly family members,
1. Points out that the adoption of measures to enhance social security rights and benefits for part-time workers and for those with flexible or atypical working arrangements, and the adoption of measures to ensure the transformation of undeclared work into regular work, are of crucial importance in terms of gender equality in view of the fact that the majority of these workers concerned are women; calls upon the Member States to uphold the right to work, particularly in the context of the new social realities and recent developments in working arrangements,
2. Calls on the Commission and the Member States to guarantee the right to social protection and to a minimum income to allow a secure existence which should be disconnected from the employment record and type of contract and guaranteed to all individuals as a fundamental right;
3. Stresses that non-permanent contracts that are renewed several times should be required by law to be made permanent; calls for more efficient control of the use of non-permanent contracts;
4. Emphasises that the employment situation in Europe is not in line with the basic objectives of the European Union, which is to improve the living and working conditions of its populations, nor with the Lisbon agenda, which aims at more and better jobs, full employment and social inclusion and an employment rate for women of 60% by 2010; calls on the Commission to address these matters urgently;
5. Calls on the Commission for the effective implementation of gender mainstreaming in its consultation process; points out that the Commission Green Paper on Modernising the law to meet the challenges of the 21st Century (COM(2006)0708) (Green Paper) fails to focus on gender-differentiated effects in regard to the proposed alterations;
6. Calls on the Member States and employers to provide new opportunities through flexible working hours and to promote part-time and self-employed jobs while ensuring social protection and pension rights in order to enhance the participation in the workforce of women, young and older people;
7. Stresses that competitive pressures have contributed to widening economic inequality and increasing demands for labour flexibility, with a negative impact on women in terms of pay gap and occupational and sectoral segregation, their prospect of economic independence, and their social protection;
8. Stresses that labour law must take as its starting point the elimination of the gender pay gap; believes that gender pay gaps in different labour sectors reflect the lack of respect for the work accomplished by women;
9. Stresses the necessity of introducing a correct evaluation system of both women and men's work in order to implement the principle of equal pay for work of equal value, which is not applied in many cases;
10. Points out that there is a strong gender and inter-generational dimension to the risk of having a weaker position in the labour market, since women, older and also younger workers engaged on non-standard contracts have fewer chances to improve their position on the labour market;
11. Points out that improved recognition of the right to reconcile personal, professional and family life (in terms of career prospects, as well as social benefits and pension entitlements), enhanced protection of pregnant and breastfeeding women, distribution of family and domestic responsibilities between men and women, suitable provision of flexible childcare and care for dependent relatives and the establishment of paternity leave arrangements independent of those for mothers are essential if men and women are to have equal rights and opportunities at work;
12. Calls on the Commission, in driving the process of the Green Paper towards a balanced combination between flexibility and security, to consider the needs of both workers and businesses;
13. Calls on the Member States and social partners to provide opportunities for parental leave and greater flexibility of working conditions, particularly through the use of new technologies so as better to balance professional, family and private life;
14. Recommends to the Member States, the Council and the Commission that, within the framework of the Open Method of Coordination, they exchange best practices concerning the flexible organisation of working time and take account of innovative working time arrangements that strike a good balance between work and family life;
15. Points out that modern labour law must guarantee the full implementation of Community and national legislation prohibiting discrimination on the labour market; points out further that labour law must support effective mechanisms guaranteeing equal opportunities for all in the workforce, i.e. prohibiting discrimination in recruitment procedures, allowing access to promotion and training and ensuring adequate protection against victimisation when people claim their rights;
16. Calls upon the Member States to promote the adoption of methods which will encourage equality within businesses with a view to eradicating discrimination as regards working conditions and the establishment of working hours, sexual harassment and the use of sexist language in job descriptions, and to ensure that managerial bodies contain equal numbers of men and women;17. Calls upon the Member States to ensure that, at every stage of their life (even if they shorten or interrupt their working lives in order to bring up children), men and women are permanently affiliated to a social-security scheme, so as to ensure that their pension rights are safeguarded once their working life is over; underlines the necessity of assuring the necessary education for workers throughout their lives in order to make successful transitions between different employment situations;
18. Calls on the Commission to tackle the labour exploitation of (undocumented) migrant workers especially migrant women, focusing on instruments and mechanisms to prevent and combat the exploitation of migrant workers, including the recognition and enforcement of fundamental human and labour rights of irregular migrants, instead of relying on repression and deportation;
19. Notes with great concern that the Green Paper, while recognising that the current labour market conditions create gender inequality, for example in terms of the gender pay gap and occupational and sectoral segregation, totally ignores the obligations and responsibilities in regard to the Roadmap for equality between women and men;
20. Notes, again with great concern, that the Green Paper, although recognising that women face an imbalance between their professional and private lives, ignores the urgent need for action in order to reconcile professional and private life with demographic challenges, all this according to the European Pact for Gender Equality and the Commission’s Communication on the Demographic Future of Europe;
21. Points out that inequality between women and men and women’s overall workload will further increase if the stimulation of female employment is carried forward without taking into account women’s care and domestic work;
22. Underlines the necessity to effectively guarantee the employment rights of workers operating in a transnational context, throughout the Community, regardless of the Member State where they work, considering the fact that many of these workers are women;
23. Points out that the term 'flexicurity' in itself is misleading: it suggests greater flexibility and security for the employees, whereas the real consequences are greater flexibility for the employer and more uncertainty for the employee as long as the current labour market conditions do not guarantee the social rights for all and do not provide workers with instruments in order to have a say in the scheduling of working hours and adapting them to their needs;
24. Stresses the need for clarification of the meaning of 'worker' throughout the Community and of the common rights that workers enjoy regardless of their employment status;
25. Calls upon the Member States to continue to support the development of the tripartite dialogue between public authorities, employers and trade-union organisations, so as to ensure that the facts of social realities and the new requirements emerging in connection with working arrangements are taken into account and that a balance between each party's responsibilities and interests is established;
26. Stresses that economic growth must not be achieved at the expense of employees' social rights, with particular reference to women and vulnerable groups such as minorities;
27. Calls upon the Commission - in conjunction with the Member States - to assess periodically the impact of the action taken, so that the necessary remedies can be applied in areas in which there has been no significant progress in respect of equality between men and women.
PROCEDURE
|
Title |
Modernising labour law to meet the challenges of the 21st century |
||||||
|
Procedure number |
|||||||
|
Committee responsible |
EMPL |
||||||
|
Opinion by |
FEMM |
||||||
|
Enhanced cooperation – date announced in plenary |
|
||||||
|
Drafts(wo)man |
Kartika Tamara Liotard |
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|
Previous drafts(wo)man |
|
||||||
|
Discussed in committee |
11.4.2007 |
2.5.2007 |
|
|
|
||
|
Date adopted |
2.5.2007 |
||||||
|
Result of final vote |
+: –: 0: |
12 1 6 |
|||||
|
Members present for the final vote |
Katerina Batzeli, Edit Bauer, Ilda Figueiredo, Věra Flasarová, Anneli Jäätteenmäki, Lívia Járóka, Urszula Krupa, Pia Elda Locatelli, Astrid Lulling, Siiri Oviir, Marie Panayotopoulos-Cassiotou, Christa Prets, Amalia Sartori, Eva-Britt Svensson, Anna Záborská |
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|
Substitute(s) present for the final vote |
Anna Hedh, Kartika Tamara Liotard, Marusya Ivanova Lyubcheva, Heide Rühle |
||||||
|
Substitute(s) under Rule 178(2) present for the final vote |
Daciana Octavia Sârbu |
||||||
|
Comments (available in one language only) |
... |
||||||
PROCEDURE
|
Title |
Modernising labour law to meet the challenges of the 21st century |
|||||||||||
|
Procedure number |
||||||||||||
|
Committee responsible |
EMPL |
|||||||||||
|
Committee(s) asked for opinion(s) |
IMCO |
ECON |
FEMM 15.2.2007 |
|
|
|||||||
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Not delivering opinion(s) |
ITRE |
|
|
|
|
|||||||
|
Enhanced cooperation |
NO |
|
|
|
|
|||||||
|
Rapporteur(s) |
Jacek Protasiewicz |
|
||||||||||
|
Previous rapporteur(s) |
José Albino Silva Peneda |
|
||||||||||
|
Discussed in committee |
8.5.2007 |
15.5.2007 |
|
|
|
|||||||
|
Date adopted |
18.6.2007 |
|||||||||||
|
Result of final vote |
+ - 0 |
40 1 5 |
||||||||||
|
Members present for the final vote |
Jan Andersson, Alexandru Athanasiu, Edit Bauer, Emine Bozkurt, Iles Braghetto, Philip Bushill-Matthews, Milan Cabrnoch, Alejandro Cercas, Ole Christensen, Luigi Cocilovo, Jean Louis Cottigny, Proinsias De Rossa, Harlem Désir, Harald Ettl, Richard Falbr, Ilda Figueiredo, Stephen Hughes, Karin Jöns, Ona Juknevičienė, Jean Lambert, Raymond Langendries, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Jiří Maštálka, Ana Mato Adrover, Maria Matsouka, Mary Lou McDonald, Elisabeth Morin, Csaba Őry, Jacek Protasiewicz, Bilyana Ilieva Raeva, Elisabeth Schroedter, José Albino Silva Peneda, Kathy Sinnott, Gabriele Stauner |
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|
Substitute(s) present for the final vote |
Françoise Castex, Marian Harkin, Anna Ibrisagic, Claude Moraes, Roberto Musacchio, Ria Oomen-Ruijten, Anja Weisgerber, Glenis Willmott |
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|
Substitute(s) under Rule 178(2) present for the final vote |
Alfonso Andria, Tatjana Ždanoka |
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Date tabled |
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Comments |
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