EU Acquis Communautaire Undertaken By

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CPS Corporate & Public Strategy Advisory Group

EU ACQUIS RELATED TO EMPLOYMENT and SOCIAL POLICY

Prepared for MESS

by CPS

August 2011 Istanbul & Brussels

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CONTENTS

Preface

List of Abbreviations

I. INTRODUCTION

A. Historical Development B. The Community Charter of the Fundamental Social Rights of Workers C. The Agreement on Social Policy D. The Charter of Fundamental Rights of the European Union

II. EU EMPLOYMENT AND SOCIAL POLICY

A. The Legal Basis in the EC Treaty1

III. EU ACQUIS ON EMPLOYMENT AND SOCIAL POLICY

A. Labour Law

1. The Legal Basis in the EC Treaty 2. The Main Legislation 2.1. Labour Law and Working Conditions 2.2. Information, Consultation and Participation of Workers 3. Pending Proposals

B. Social Dialogue

1. The Legal Basis in the EC Treaty 2. Social Dialogue under the ECSC Treaty 3. The Main Legislation 4. Pending Proposals

C. Equality of Treatment between Men and Women

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

D. Tackling Discrimination

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

1 EU Treaty http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF

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E. Employment

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

F. European Social Fund and Globalisation Fund

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

G. Social Protection and Social Inclusion

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

H. Dublin Foundation

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

İ. Public Health

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

J. Health and Safety at Work

1. The Legal Basis in the EC Treaty 2. The Main Legislation 2.1. Horizontal Action: The Framework Directive 2.2. Individual Directives in line with the Framework Directive 3. Pending Proposals

K. Free Movement of Workers

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

L. Co-ordination of Social Security

1. The Legal Basis in the EC Treaty 2. The Main Legislation 3. Pending Proposals

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IV. THE NEW WAVE OF ENLARGEMENT2 AND THE EU EMPLOYMENT AND SOCIAL POLICY

A. The Level of Adaptation to the Employment and Social Policy Acquis B. Transitional Arrangements to New Member States

V. TURKEY’S LEGAL FRAMEWORK AND ITS ADAPTATION TO THE EU ACQUIS COMMUNAUTAIRE ON EMPLOYMENT AND SOCIAL POLICY

A. The Progress of Turkey Regarding Harmonization with the EU Employment and Social Policy and the Table of Harmonization of Legislation B. 2008 Turkey’s National Programme for the Adoption of the Acquis

VI. THE NEGOTIATION PROCESS

A. Assessments by the EU B. 2006 and 2008 Revised Accession Partnership Documents C. Screening and Negotiations D. Turkey 2010 Progress Report E. 2010-2011 Action Plan

REFERENCES

2 The new wave of enlargement include 10 new Member States which acceded to the EU as of 1 May 2004 (Slovenia, Poland, Hungary, Czech Republic, Estonia, Lithuania, Latvia, Slovakia, Cyprus and Malta) as well as 2 new Member States which joined to the EU as of 1 January 2007 (Bulgaria and Romania).

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PREFACE

Growth and employment have long been considered as a panacea in the face of internal and external challenges that the European Union have faced recently in a globalisation process in terms of society and economy. It is possible to say that the emergence as well as the development of a genuine ―European employment and social policy‖ occurred quite late having considered the completion of Internal Market. In that regard, it is possible to say that it was the Amsterdam Treaty which brought a new impetus for the development of acquis communautaire with the incorporation of provisions concerning social policy such as fighting against all types of discrimination, putting the employment and social policy to an increasingly focal position. Since the beginning of 1990s, the efforts to coordinate and harmonize policies of Member States have accelerated.

In the field of employment and social policy, European Employment Strategy (regarding job creation and labour market reform strategies) and European Social Agenda (aiming everyone from every region in Europe benefits from the economic growth) can be considered as the two main tools determining the European policy priorities. On the other hand, European Social Fund is the financial instrument specially designed to support for the realisation of these objectives.

As regards to European Employment Strategy, for its labour market policy, the Union is promoting flexicurity which is defined as an inclusive approach which brings together adequate flexibility in terms of contractual relations so as to provide firms a room to manoeuvre in the globalisation era and security for workers to continue their existing position or change their job at equivalent terms.

In May 2008, the European Commission launched an initiative, ―Mission for Flexicurity‖ following a decision by Member States at the Informal Employment Council in Brdo in January 2008, in order to support putting the EU‘s flexibility approach into national practice in the Member States. The flexicurity approach, which foresees a balance between the labour market flexibility and the security for the workers within the employment policy, was later confirmed as a means to get out of the crisis by the EU Member States, during the EU Summit in March 20093.

With regard to European Social Agenda, on 2 July 2008 the European Commission adopted a new social agenda in order to form a strategy to face the challenges such as technological developments, demographic change, immigration, climate change and globalisation. The new Social Agenda determines seven priority areas based on previous achievements of the Union in the field of employment and social policy. These are:

3 Please refer to the following web site for more information: http://ec.europa.eu/social/main.jsp?catId=102&langId=en

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 Children and Youth  Investing in People  Longer and Healthier Lives  Combating Poverty  Strengthening Instruments  Fighting Discrimination  The International Agenda

The European Social Agenda presents also the instruments so as to achieve the objectives defined under the priority areas. These tools cover the EU legislation (such as directives), Social Dialogue, Cooperation between member states, EU funding, Partnership, dialogue and communication, Analysing that new measures in terms of their social and employment impact. This new agenda consists of legislation on cross border health care, European Works Council, anti-discrimination and modernization of education systems.

In the face of the global economic crisis in 2008 that caused major unemployment problems and a slowdown in the economy, the EU responded with structural measures in order to ensure sustainable and a high-quality European labour market. The crisis further contributed to the failure of the EU in meeting the targets foreseen in its economic growth programme, the Lisbon programme, and the Union sought to adapt its post-2010 programme to the new circumstances. In accordance with the new growth strategy, the Europe 2020 Strategy adopted in 2010, the EU set itself to adapt to the changing economic and social conditions and laid down five ambitious objectives - on employment, innovation, education, social inclusion and climate/energy - to be reached by 2020. The targets related to social policy and employment among these five are listed below:

 an employment rate of 75% among the people aged 20-64;  a school drop-out rates below 10%, and at least 40% of 30-34 year-olds completing third level education; and  at least 20 million fewer people in or at risk of poverty and social exclusion, by 2020.

Furthermore, in the framework of the Europe 2020 Strategy, the European Commission has launched the following key initiatives:

 Agenda for new skills and jobs;  New skills for new jobs;  Youth on the move;  Anticipating, preparing and managing company restructuring; and  Strengthening public employment services.

Likewise, the European Employment Strategy (EES) is also revised in accordance with the Europe 2020 strategy. The new EES -- which aims to raise the employment rate of both men and women, aged between 20 and 64 to 75% by 2020 in the EU -- is detailed later in the Guide.

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LIST OF ABBREVIATIONS

AEA : Association of European Airlines BUSINESSEUROPE : Confederation of European Business CEC : European Federation of Executives and Managerial Staff CEEP : European Centre of Enterprises with Public Participation and Enterprises with General Economic Interest EAGGF : European Agricultural Guidance and Guarantee Fund ECA : European Cockpit Association ECSA : European Community Shipowners' Association ECSC : European Coal and Steel Community EES : European Employment Strategy EGF : European Globalisation Adjustment Fund EMF : European Metalworker‘s Federation ERA : European Regions Airline Association ERDF : European Regional Development Fund ESF : European Social Fund ETUC : European Trade Union Confederation EUMC : European Monitoring Centre on Racism and Xenophobia EUROFER : European Confederation of Iron and Steel Industries ETF : European Transport Workers' Federation FIFG : Financial Instrument for Fisheries Guidance IACA : International Air Carrier Association ILO : International Labour Organisation IPA : Instrument for Pre-Accession ISKUR : Turkish Employment Agency JIM : Joint Inclusion Memorandum NAPs : National Action Plans for Employment RAXEN : European Information Network on Racism and Xenophobia SCE : Societaes Cooperatives Europea – European Cooperative Society SE : Societaes Europea – European Company UEAPME : European Association of Craft, Small and Medium-sized Enterprises UNICE : Union des Industries de la Communauté européenne Union of Industries of the European Community (Now BusinessEurope) TFEU : The Treaty on the Functioning of the European Union

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I. INTRODUCTION

A. HISTORICAL DEVELOPMENT:

Since social policy was regarded as an auxiliary policy within the European economic integration, concerning the social policy matters a few provisions were stipulated under the terms of the Rome Treaty.

 Articles 39 – 42 (ex Articles 48 - 51 TEC): free movement of workers  Articles 151-161 (ex Articles 136 – 145 TEC): social provisions including equal pay for equal work  Articles 162- 164 (ex Articles 146 – 148 TEC): European Social Fund

Based on this legal basis, the acquis communautaire in the field of employment and social policy developed gradually over the years. Until the 70‘s, due to economic expansion, it was assumed that the social dimension of European integration would emerge indirectly from the establishment of the common market. As it is indicated social policy thus was for a long time considered as an adjunct to economic policy and remained broadly speaking an accompanying policy. Practical achievements recorded between 1958 and 1974 tackled the implementation of free movement of migrant workers and the associated social security arrangements, the establishment of the European Social Fund, and the harmonization of health and safety standards.

During the 70‘s, the economic crisis and the rise of unemployment pushed the EC to tackle unemployment, but the Treaty did not provide the means. In 1974, the Council adopted the First Programme of Social Action, emphasizing the need to ensure close co-operation in the social field. This programme initiated a more active social policy in the 70s. In order to meet the action programme's objectives of improving living and working conditions for particularly vulnerable groups in society, the Council adopted directives on equal opportunities and on health and safety at work as well as action programmes for the disabled, the poor and the elderly. 1975 saw the development of the European Foundation for the Improvement of the Living and Working Conditions in Dublin (―the Dublin Foundation‖).

During the 1970s, the Council also adopted directives and recommendations in regard to the Action Programme's objective of improving the conditions of employees and their legal position in undertakings.

At the beginning of the 80‘s, Member States realized that market integration had not been accompanied by action in the social field. In 1981, the Commission defined a ―European Social Space‖, an area within which social legislation had to be harmonized, through, inter alia:

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 Intensification of social dialogue;  Increase of cooperation and consultation on social protection;  Pursuit of employment as the cornerstone of EC policy.

However, due to the decision-making procedure, i.e. the requirement of unanimity in Council, and partly owing to fundamentally differing attitudes among the Member States as to the responsibilities, which ought to be allocated to the Community, there were relatively little legislative achievements.

B. THE COMMUNITY CHARTER OF THE FUNDAMENTAL SOCIAL RIGHTS OF WORKERS

In 1989, at the Strasbourg Summit, 11 Member States (except UK) signed the Community Charter of the Fundamental Social Rights of Workers (―the Community Charter‖) which gave a more social dimension to the Internal Market.

Based on the European Social Charter,4 European Convention on Human Rights5 and the International Labour Organization (ILO) Conventions, the Community Social Charter lays down 12 ―fundamental social rights of workers‖ which are to be guaranteed within the European labour market:

 Free movement;  Employment and remuneration;  Improvement of living and working conditions;  Social protection;  Freedom of association and collective bargaining;  Vocational training;  Equal treatment for men and women;  Information, consultation and participation of workers;  Health protection and safety at the workplace;  Protection of children and adolescents;  Elderly persons;  Disabled persons.

The Community Charter is a political declaration of intent and, as such, is not legally binding.

The Commission drew up an action programme implementing the Community Charter, containing 47 proposals for initiatives of various kinds, both binding and non-binding. Adoption of the action programme made slow progress, particularly as

4 The European Social Charter was adopted by the Council of Europe (which is a distinct international organization just as the European Union) in 1961 and revised later in 1996. It is the European Committee of Social Rights responsible for monitoring the compliance by the Member States of the Council of Europe. As regard to the adopted text, the European Social Charter offers a more comprehensive list and/or scope of rights. 5 The updated version of the Convention has been amended by its Protocol No. 14 (CETS No. 194) as from the date of its entry into force on 1 June 2010.

CPS Corporate & Public Strategy Advisory Group regards the binding legal acts. The main success has been the adoption of directives concerning health and safety of employees at work.

The Community Charter represented an important political signal of a commitment to the social dimension but its content disappointed many.

In the 90s, the Community, in taking decisions related to employment and social policy, had to take into account new trends. The economic balance of powers had shifted from employees and trade unions to employers and managers. Moreover, combating unemployment was placed at the forefront of the Community‘s priorities due to major recession in the early 90s. The Treaty on the European Union states in Article 3 that the Union‘s task will be to promote ―sustainable and non-inflationary growth respecting a high level of employment and social protection‖. The powers of the Community in the social sphere increased.

C. THE AGREEMENT ON SOCIAL POLICY

In 1991, a change in the Treaty on the European Union was designed in order to expand the competence of the Union in the field of social policy and employment. As the UK disagreed with the proposed changes in Articles relating to social policy, consequently in order to ensure the UK‘s agreement to the new treaty, these changes were removed from the body of the Treaty and placed in a separate Protocol (―Protocol n°14‖) and an Agreement, which UK would not sign (opt out). The Agreement on Social Policy contained two significant innovations:

. Boosting of dialogue and agreements between and with social partners; . Extension of qualified majority voting in the Council in the following areas: improvements in the working environment to protect employees, working conditions, information and consultation of workers, equal opportunities for men and women on the labour market and equal treatment at work, and occupational integration of people excluded from the labour market.

On the basis of the Agreement, the 14 Member States adopted a Directive on the introduction of European works councils, a Directive on the framework agreement on parental leave, a Directive on the burden of proof in cases of discrimination based on sex and a Directive concerning the Framework Agreement on part-time work.

The Agreement was eventually incorporated into the EC Treaty by the Amsterdam Treaty, which came into force on 1 May 1999, and provisions are now applicable to the UK as well.

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D. THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

The Community Charter, on which the EU social model was built, later developed into the Charter of Fundamental Rights of the European Union which promotes the universal individual employment rights particularly on employment and industrial relations during the Nice Summit in December 2000. At the EU intergovernmental conference of 2007, Member States agreed to incorporate the Charter of Fundamental Rights into the EU Treaty and the Charter gained a constitutional status. As a result of concessions granted to the UK and Poland, the Charter of Fundamental Rights became legally binding for 25 Member States with the ratification of the Treaty of Lisbon (new EU Treaty) as of 1 December 2009.

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II. EU EMPLOYMENT AND SOCIAL POLICY

A. THE LEGAL BASIS IN THE EU TREATY6

Article 37 (ex Article 2) of the EU Treaty stipulates one of the objectives of the Union as following:

―The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance.‖

Article 4 of the Treaty on the Functioning of the European Union (ex Article 2) indicates that ―shared competence between the Union and the Member States applies in social policy, for the aspects defined in this Treaty‖.

Article 5 (2) of the Treaty on the Functioning of the European Union (ex Article 2) states that the EU shall coordinate the employment policies of the Member States with the help of adequate measures and guidelines for these policies. Article 5 (3) (ex Article 2) declares that it is the Union who takes initiatives to ensure coordination of Member States‘ social policies.

Article 19 (ex Article 13 TEC) provides a legal basis to take action to fight against discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Articles 45-48 (ex Articles 39 – 42 TEC) regulate the basic principles governing the free movement of persons (which was considered initially to cover workers but recently is also covering Union citizens).

A separate title, Title IX (ex Title VIII under the EC Treaty) is reserved to ―Employment‖ where Articles 145- 150 (ex Articles 125-130 TEC) set out the basic principles for coordination of employment policies of Member States:

 Article 145 (ex Article 125 TEC) concerns with establishing a coordinated strategy for employment and especially for promotion of skilled, trained and adoptable workforce and labour markets responsive to economic change between Member States and the Union.

6Treaty of Lisbon http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF 7 With the enforcement of Treaty of Lisbon in the EU on 1 December 2009, Consolidated Versions of the Treaty on the European Union and and the Treaty on the Functioning of the European Union. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 12

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 Article 146 (ex Article 126 TEC) rules that in order to realise the objective set out in Article 125 Member States must adjust their employment policies accordingly. In this respect promoting employment is defined as the common concern.  Article 147 (ex Article 127 TEC) defines the role of the Union which is to encourage the cooperation between Member States and complementing their action in order to achieve high level of employment.  Article 148 (ex Article 128 TEC) stipulates European Council to adopt conclusions relying on a joint annual report by the Council and the Commission, to overview employment situation in the Community.  Article 149 (ex Article 129 TEC) sets that the Council may adopt incentive measures to ensure cooperation between Member States and to support their action in employment area.  Article 150 (ex Article 130 TEC) defines the tasks of employment Committee with advisory status.

In this regard, it is important to underline that the Amsterdam Treaty marks a crucial step forward, since it both consolidates the mechanisms set in place by the Maastricht Treaty and promotes a series of social policy priorities at the Community level, such as employment, gender equality, which have been added to the list of Community objectives.

Under the Title XI Social Policy, Education, Vocational Training and Youth from Article 151 (ex Article 136 TEC) to Article 164 (ex Article 148 TEC), the basic social provisions and the arrangements regarding European Social Fund exist.

 Article 151 (ex Article 136 TEC) refers to European Social Charter (1961) and Community Charter of the Fundamental Social Rights of Workers (1989) while the setting the objectives of the Union and Member States as ―the promotion of employment, improved living and working conditions‖.  Article 153 (ex Article 137 TEC) provides that the Council may, by adopting directives by qualified majority in co-decision with the European Parliament, act or reinforce its action in the following areas:

- workers‘ health and safety - working conditions - integration of persons excluded from the labour market - information and consultation of workers - gender equality with regards work

Unanimity at the Council remains in the following areas:

- social security and social protection of workers - representation and collective defence of the interest of workers and employers - conditions of employment for third country nationals legally residing in the Community - protection of workers where their employment contract is terminated © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 13

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The Council, acting unanimously on a proposal from the Commission, after consulting the European Parliament, may decide to render the ordinary legislative procedure applicable to following fields :

 protection of workers where their employment contract is terminated  representation and collective defence of the interests of workers and employers, including co-determination,  conditions of employment for third-country nationals legally residing in Union territory.

The right of association, the right to strike and the right to impose lockouts are still excluded from Community competence.

 Article 154 (ex Article 138 TEC) describes the task of the Commission in ―promoting the consultation of management and labour at Community level‖.

 Article 162-164 (ex Articles 146 -148 TEC) concerns with European Social Fund.

On the other hand, Lisbon Treaty8 that was signed on 13 December 2007 by the Heads of State and Government of 27 Member States consists of a provision stating that

―In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.‖

Following that, for the first time Treaty of Lisbon integrates the text of Charter on Fundamental Rights with a legally binding reference. This Charter enumerates certain fundamental rights in several sections. Under the solidarity section, rights related to social field are listed such as:

 the workers' right to information and consultation within the undertaking;  the right of collective bargaining and action;  the right of access to placement services;  the right of protection in the event of unjustified dismissal;  the right to have fair and just working conditions;  the prohibition of child labour and protection of young people at work;  the right to have family and professional life;  the right to have social security and social assistance;  the right to have health care;  the right to access to services of general economic interest.

8 During the national ratification process, in the Irish Referendum which was held on 12th June 2008, Irish people voted ―no‖ to the Lisbon Treaty. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 14

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III. EU ACQUIS ON EMPLOYMENT AND SOCIAL POLICY

A. LABOUR LAW

1. The Legal Basis: Article 153

Article 153 (ex Article 137 TEC), --according to which the Community must support the Member States‘ action relating to working conditions and the information and consultation of workers -- constitutes the main legal basis for the enactment of new legislation in this area.

The adoption of legislation mainly aiming at improving labour standards and workers' rights is one of the Union's main achievements in the social field. The labour law in the EU emerged from the need of preventing the deterioration of labouring standards in some Member States and distortions in competition, due to the creation of the Single Market. Today, the EU labour law is a body of rights and obligations for workers and employers, which regulates two main areas:

(1) Working conditions: (including) working time, part-time and fixed-term work, and posting of workers. (2) Information and consultation of workers: (including) in the event of collective redundancies and transfers of undertakings.

Improving working conditions did not only derive from economical considerations. Nordic legal traditions have been considering the question for long, embracing also issues relating to the arrangement of workplaces, and physical as well as socio- psychological conditions to perform work. This Nordic view influenced the Community policy.

Employment rights of employees on the restructuring of enterprises were first addressed between 1970 and 1980. Then considerations shifted to working conditions. The Community action in this field aims to support and complement national policies of the Member States on employment and working conditions as well as information and consultation of workers through establishing the minimum EU requirements.

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The following is the Chart indicating the chief EU legislation taking place in this part, the correspondents of those in the Turkish National Legislation and the commitments in the National Programme concerning the related directives where applicable:

EU ACQUIS TURKISH LAW

Directive 2008/94/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – the European Parliament 25134 and of the Council of 22  Law No. 5763 on amending Labour Law and Certain Laws October 2008 on the Official Gazette 26.05.2008 - 26887 protection of employees in  Law No 4447 on Unemployment Insurance Official Gazette the event of the insolvency 08.09.1999 – 23810) of their employer  By-law on Wage Guarantee Fund, Official Gazette dated 18.10.2004 - 25617  Law No. 2004 on Bankruptcy Official Gazette dated 19.6.1932 - 2128

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 97/81/EC of 15 December 25134 1997 concerning the  Law No. 5763 on amending Labour Law and Certain Laws Framework Agreement on Official Gazette 26/05/2008 - 26887 part-time work concluded  By-law on Working Time Official Gazette dated 6/4/2004 - by UNICE, CEEP and the 25425 ETUC - Annex:  By-law on Overtime Working Official Gazette dated 6/4/2004 Framework agreement on - 25425 part-time work  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 1999/70/EC of 28 June 25134 1999 concerning the  Law No. 5763 on amending Labour Law and Certain Laws framework agreement on Official Gazette 26/05/2008 - 26887 fixed-term work  Law No. 657 on Civil Servants Official Gazette dated concluded by ETUC, 23/07/1965 – 12056) UNICE and CEEP  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 16

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for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Directive 91/533 on  Labour Act No 4857 Official Gazette dated 10/6/2003 – information of employees 25134 of conditions applicable to  Law No. 5763 on amending Labour Law and Certain Laws their contracts Official Gazette 26/05/2008 - 26887  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Directive 94/33 on the  Labour Act No 4857 Official Gazette dated 10/6/2003 – protection of young people 25134 at work  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Law No. 3308 on Vocational Training Official Gazette dated 19.6.1986 - 19139  By-law on Procedures and Foundations of Child and Adolescent Labour Official Gazette dated 6/4/2004 - 25425  By-law on Heavy and Dangerous Works Official Gazette dated 16/06/2004 - 25494  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Directive 96/71/EC of the No corresponding legislation. European Parliament and of the Council of 16  Law Amending Certain Laws (In accordance with the December 1996 National Programme of Turkey for the Adoption of the EU concerning the posting of Acquis, which was published on the Official Gazette no workers in the framework 27097 dated 31 December 2008, Turkey has committed to of the provision of services enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

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Directive 2003/88/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – the European Parliament 25134 and of the Council of 4  Law No. 5763 on amending Labour Law and Certain Laws November 2003 Official Gazette 26/05/2008 - 26887 concerning certain aspects  By-law on Working Time Official Gazette dated 6/4/2004 - of the organisation of 25425 working time  By-law on Shift Work Official Gazette dated 7/4/2004 - 25426  By-law on Overtime Working Official Gazette dated 6/4/2004 - 25425  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056)  Law No. 926 on Turkish Armed Forces Personnel Official Gazette dated 10/8/1967 - 12670  Law No. 2802 on Judges and Prosecutors Official Gazette dated 26/2/1983 – 17971  Law No. 2914 on Higher Education Personnel Official Gazette dated 13/10/1983 – 18190  No. 399 Decree Law.  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Council Directive  Law No. 854 on Maritime Labour Official Gazette dated 1999/63/EC of 21 June 29/04/1967 - 12586 1999 concerning the  By-law on Seafarers Official Gazette Official Gazette dated Agreement on the 31/7/2002 - 24832 organisation of working  By-law on amending By-law on Seafarers dated Official time of seafarers Gazette dated 02.09.2005 – 25924 concluded by the  By-law on amending By-law on Seafarers dated Official European Community Gazette dated 11.10.2007 – 26670 Shipowners' Association  By-law on amending By-law on Seafarers dated Official (ECSA) and the Gazette dated 04.03.2007 – 26452 Federation of Transport  By-law on amending By-law on Seafarers dated Official Workers' Unions in the Gazette dated 30.12.2008 – 27096 European Union (FST) -  Law Amending Certain Laws (In accordance with the Annex: European National Programme of Turkey for the Adoption of the EU Agreement on the Acquis, which was published on the Official Gazette no organisation of working 27097 dated 31 December 2008, Turkey has committed to time of seafarers enact this legislation after 2011)

 Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

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 Instruction on the Flight Task and Rest Period of Mobile Staff Council Directive in Civil Aviation and Implementation Principles [SHT-6A.50 2000/79/EC of 27 Rev. 04] November 2000  Draft ―Labour Law on Civil Aviation‖ concerning the European  Implementing Regulation Establishing the Procedures and Agreement on the Principles on the Daily Wages and Accommodation in Organisation of Working Compliance with the Daily Needs and Recovery Time of Mobile Workers Requirements of the Aviation Personnel (In accordance with in Civil Aviation the National Programme of Turkey for the Adoption of the concluded by the EU Acquis, which was published on the Official Gazette no Association of European 27097 dated 31 December 2008, Turkey has committed to Airlines (AEA), the enact this regulation in 2010 following the adoption of Labour European Transport Law on Civil Aviation) Workers' Federation  Implementing Regulation Establishing the Procedures and (ETF), the European Principles on the Civil Aviation Time, Air Mission Time, Cockpit Association Resting Time and Medical Control Time of the Aviation (ECA), the European Personnel (In accordance with the National Programme of Regions Airline Turkey for the Adoption of the EU Acquis, which was Association (ERA) and the published on the Official Gazette no 27097 dated 31 International Air Carrier December 2008, Turkey has committed to enact this Association (IACA) (Text regulation in 2010 following the adoption of Labour Law on with EEA relevance Civil Aviation)

Directive 2002/15/EC of  Amended By-law on road traffic Official Gazette dated the European Parliament 18/7/1997 – 23053 (as amended by Official Gazette dated and of the Council of 11 02/09/2004 – 25571) March 2002 on the  Law Amending Certain Laws (In accordance with the organisation of the National Programme of Turkey for the Adoption of the EU working time of persons Acquis, which was published on the Official Gazette no performing mobile road 27097 dated 31 December 2008, Turkey has committed to transport activities enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Directive 98/59 relating to  Labour Act No 4857 Official Gazette dated 10/6/2003 – collective redundancies 25134  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Law No 2821 on Trade Unions Official Gazette dated 7/5/1983 – 18040  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011) © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 19

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No corresponding legislation Council Directive 94/45/EC of 22 September  Law Amending Certain Laws (In accordance with the 1994 on the establishment National Programme of Turkey for the Adoption of the EU of a European Works Acquis, which was published on the Official Gazette no Council or a procedure in 27097 dated 31 December 2008, Turkey has committed to Community-scale enact this legislation after 2011) undertakings and  Implementing Regulations on the Law Amending Certain Community-scale groups Laws (In accordance with the National Programme of Turkey of undertakings for the for the Adoption of the EU Acquis, which was published on purposes of informing and the Official Gazette no 27097 dated 31 December 2008, consulting employees Turkey has committed to enact this legislation after 2011)

Directive 2001/23 on the  Labour Act No 4857 Official Gazette dated 10/6/2003 – safeguarding of employees 25134 rights in the event of  Law No. 5763 on amending Labour Law and Certain Laws transfers of undertakings Official Gazette 26/05/2008 - 26887 or businesses  Law No. 2822 on Collective Agreements, Strikes and Lock- outs Official Gazette dated 07/05/1983 - 18040  Law No. 4046 on Privatizations Official Gazette dated 27/11/1994 – 22124  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011) No corresponding legislation

Council Directive  Law Amending Certain Laws (In accordance with the 2001/86/EC of 8 October National Programme of Turkey for the Adoption of the EU 2001 supplementing the Acquis, which was published on the Official Gazette no Statute for a European 27097 dated 31 December 2008, Turkey has committed to company with regard to enact this legislation after 2011) the involvement of  Implementing Regulations on the Law Amending Certain employees Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011) No corresponding legislation

Directive 2002/14/EC of  Law Amending Certain Laws (In accordance with the the European Parliament National Programme of Turkey for the Adoption of the EU and of the Council of 11 Acquis, which was published on the Official Gazette no March 2002 establishing a 27097 dated 31 December 2008, Turkey has committed to general framework for enact this legislation after 2011) informing and consulting  Implementing Regulations on the Law Amending Certain employees in the Laws (In accordance with the National Programme of Turkey European Community - for the Adoption of the EU Acquis, which was published on Joint declaration of the the Official Gazette no 27097 dated 31 December 2008, European Parliament, the Turkey has committed to enact this legislation after 2011) Council and the

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Commission on employee representation

Council Directive No corresponding legislation 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

No corresponding legislation Directive 2003/72/EC of 22 July 2003 supplementing  Law Amending Certain Laws (In accordance with the the Statute for a European National Programme of Turkey for the Adoption of the EU Cooperative Society with Acquis, which was published on the Official Gazette no regard to the involvement 27097 dated 31 December 2008, Turkey has committed to of employees enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

Directive 2008/106/EC of  By law on amending By-law on the seafarers Official Gazette the European Parliament no 27594 dated 28/05/2010- and of the Council of 19 November 2008 on the minimum level of training of seafarers

Directive 2008/104/EC of No corresponding legislation the European Parliament and of the Council of 19 November 2008 on temporary agency work

Directive 2009/38/EC of No corresponding legislation the European Parliament and of the Council of 6 May 2009 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 (Recast) © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 21

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2. The Main Legislation

2.1. Labour law and working conditions

1. Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer

(Codified version)

OJ L 283, 28.10.2008, p. 36–42

Summary

This Directive codifies Council Directive 80/987, which was amended several times, with the aim of clarity. The Directive provides for minimum rules Member States must follow to ensure protection of employees in case of insolvency of their employers.

Member States are free to exclude three categories of employees from the scope of the Directive:

- workers excluded by virtue of the ―special nature‖ of their contracts of employment as listed in an Annex, and

- workers who benefit from another form of guarantee with a level of guarantee equivalent to that of the Directive.

- share-fishermen

Member States must set up guarantee institutions that will guarantee payments of employees‘ outstanding claims relating to pay for the period prior to a given date relating to the insolvency. Member States may limit the liability of those guarantee institutions, or set a ceiling for payments.

Member States have the option to provide that the guarantee institution is not responsible for the contributions owed by the employer to the national statutory social security scheme or to supplementary company or inter-company pension schemes. Nevertheless, Member States must guarantee that an insolvent employer not paying state social contributions does not affect employees‘ benefit entitlement and does not affect the protection of former employees in terms of old age benefits under supplementary company or inter-company pension schemes.

Article 2 of the directive defines insolvency as a state which starts with the request for the opening of collective proceedings on the insolvency of employer; in accordance with the relevant laws, regulations and administrative provisions of a Member State; followed by the decision of the competent authority to:

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- open the proceedings or, - close the undertaking or business due to insufficiency of assets to warranty the opening of proceedings

Moreover, Member States must make sure that

- Part-time workers or workers with a fixed-duration employment relationship are included in the scope of this Directive. - Provisions are introduced to determine which institution is responsible for meeting pay claims in case where the undertakings pursue their activity in a number of Member States.

In addition, Member States may set some limitations on the responsibility of the guarantee institutions; they have to notify the Commission and the other Member States about the type of insolvency proceedings, which give, rise to intervention by the guarantee institution.

On the whole, this Directive strengthens the protection of the employees as the internal market develops and competition intensifies.

2. 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

OJ L 14, 20.01.1998, p. 9.

Consolidated version

Amended by:

 Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland

OJ L 131, 05.05.1998 p.10.

Summary

This Directive implements the Framework Agreement on part-time work concluded by cross-industry organizations UNICE, CEEP and the ETUC, on 6 June 1997.

This Agreement aims to protect part-time workers as well as facilitate the development of this form of work. Workers who work on a casual basis may be excluded from the application of this Agreement.

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A ―part-time worker‖ refers to an employee whose normal hours of work, calculated on a weekly basis or on average over a period of employment of up to one year, are less than the normal hours of work of a comparable full-time worker.

Part-term workers cannot be treated less favourably than comparable permanent workers because of their type of contract. And where appropriate, the principle of pro rata temporis shall apply.

Member States and social partners must ensure that, where appropriate, legal or administrative obstacles to part-time are eliminated.

Refusal to transfer from full-time work to part-time work, or vice-versa, is not a valid reason to terminate employment. Moreover, employers must give consideration to demand of transfer from one form of work to another, and to facilitate access to part- time work at any level of the company.

The scope of this Directive was extended to the Great Britain and the Northern Ireland.

3. Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP

OJ L 175, 10.07.1999, p.43.

Consolidated version

Summary

The Directive puts into effect the framework agreement on fixed-term work concluded by cross-industry organization ETUC, UNICE and CEEP on 18 March 1999.

The Agreement aims at establishing a framework to improve the status of fixed-term workers. It does not apply to:

- initial vocational training or apprenticeship; - contracts concluded in the framework of a specific public or publicly- supported training, integration and vocational retraining programme.

Fixed-term workers cannot be treated less favourably than comparable permanent workers because of their type of contract. And where appropriate, the principle of pro rata temporis shall apply. Measures to prevent abuse from successive fixed-term employment contracts must be introduced when not yet existing, and ensure:

- objective reasons justifying the renewal of such contracts; - the maximum duration of successive fixed-term employment contracts; - the number of renewals of such contracts.

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Employers must inform fixed-term workers of vacancies for permanent positions vacancies in the undertaking, and facilitate their access to training opportunities.

Fixed-term workers must be taken into consideration in calculating the thresholds for workers‘ representative bodies.

4. Council Directive 91/533/EEC of 14 October 1991 on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship

OJ L 288, 18.10.1991, p.32-35.

Summary

This Directive lays down minimum requirements that an employer must respect as regards contracts or employment relationship with paid employees. Member States are free to exclude employees with a contract of not more than one month or a working week of less than 8 hours, or those with a contract of a specific nature where the non- application is justified by objective reasons.

An employer is obliged to notify an employee of essential aspects of the contracts in a written document, the form of which (contract, letter of engagement, written declaration) depends on the amount information contained in the document. However, an incomplete document will need to be complemented as the following information must be provided to the worker:

 Identities of the parties;  Place of work;  Title, grade, nature or category of the work;  Brief specification or description of the work;  The starting date of the contract and, for a fixed-term contract, the expected duration;  The amount of paid leaves;  The length of the period of notice;  Information regarding the wage;  Length of the normal working day;  Where appropriate, information relating to collective agreements.

Expatriates must be provided with the following additional information:

 Duration of the employment abroad;  Currency to be used for the payment of remuneration;  Where appropriate, benefits in cash or kinds;  Where appropriate, conditions governing the employee‘s repatriation.

Any change in the contract referring to the information listed above must be laid down in a written document.

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Member States must provide means of redress for employees whose contracts/employment relationships do not comply to this Directive.

5. Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work

OJ L 216, 20.08.1994, p. 12.

(Consolidated version)

Amended by:

 Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation OJ L 165, 27.6.2007, p. 21–24. Summary

The Directive applies to any person under 18 years of age legally employed.

The Directive defines:

 ―young person‖ as any person under 18 year old and legally employed  ―child‖ as any young person of less than 15 year old or who is still subject to compulsory full-time schooling under national law;  ―Adolescent‖ as any young person between 15 and 18 year old who is no longer subject to compulsory full-time schooling under national law.

Work by adolescents must be strictly regulated under the conditions laid down in the Directive, and work by children is prohibited. The minimum working or employment age must not be lower than the minimum age for ending compulsory full-time schooling, or 15 years in any event.

Member states may chose not to apply the Directive to occasional work or short-term work involving domestic service in private households or in family undertakings if not harmful or dangerous to young people.

For children, Member States have the option to derogate to the prohibition:

 For the performance of cultural, artistic or advertising work, subject to prior authorization by a competent authority.  Children over 14 can work under a combined work/training scheme or an ―in-plant work experience‖ scheme. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 26

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 Children over 14 can perform light work that is not likely to neither harm the health and safety of the children nor harm their attendance at school.

Employers have got the obligation to ensure the protection of health and safety at work of all young workers permitted to work, and must not employ them in works beyond physical and psychological capacities. They must inform the young workers and their legal representatives of possible risks as well as measures adopted to protect their health and safety.

The Directive sets up rules regarding working time and rest period of children and adolescents. For instance adolescents can work up to 8 hours a day and 40 hours a week. Children performing combined work/training can work 8 hours a day and 40 hours a week, but only 7 hours a day and 35 hours a week for work performed during the school holiday period by children below 15.

Night work is regulated, as children cannot work between 20.00 and 06.00, and adolescents between 22.00 and 06.00 or between 23.00 and 07.00, although adolescents can work at night under the supervision of an adult, but not between midnight and 04.00.

The amending Directive 2007/30/EC repeals as of 27.06.2007 Article 17(4) and Article 17(5) of the Council Directive 94/33/EC where it was regulated that every five years Member States shall prepare a report on the implementation of the provisions of the Directive in practice reflecting the both sides of the industry and where the Commission was under the obligation to prepare a report for the European Parliament, the Council and the Economic and Social Committee concerning the application of the Directive. Instead, Directive 2007/30/EC inserts an Article 17bis regulation the implementation report. According to this Article 17a, Member States shall submit implementation report as a special chapter of a single report as indicated in the Article 17a (1), (2) and (3).

6. 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

OJ L 18, 21.1.1997, p. 1–6.

Amended by:

 Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded - I. Text of the Final Act

OJ L 236, 23.09.2003 p. 584 – 586.

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Summary

A posted worker ―carries out his work, for a limited period, in the territory of a Member State other than the state in which he normally works.‖ He is posted by an undertaking established in a Member State which in the framework of transnational provision of services, posts workers to the territory of a Member State.

This Directive does not apply to merchant navy undertakings as regards seagoing personnel.

The undertaking must guarantee its posted workers terms and conditions of employment as laid down by law/ administrative rule/ collective agreement relating to:

- M00aximum work and minimum rest periods, - Minimum paid annual holidays, - Minimum rates of pay, including overtime rates, - Conditions of hiring-out of workers (by temporary employment undertakings), - Health, safety and hygiene at work conditions, - Protective measures with regard to working conditions of employment of pregnant women or women who are recently given birth, of children and young people, - Equality of treatment between men and women and other provisions on non-discrimination.

Workers and their representatives must have recourse against failure to comply with this Directive. Judicial proceedings may be instituted in the Member State of posting, without prejudice, where applicable, to the right to institute a proceeding in another Member State.

Member States must designate on or more liaison offices or competent authorities regarding the implementation of the Directive.

According to the Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers incorporated in the Accession Treaty of the ten new Member States, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovenia and Slovakia; the Federal Republic of Germany and the Republic of Austria in agreement with the Commission state that the limitation to the free movement of workers may comprise, where appropriate, the entire national territory9.

9 Germany and Austria legitimized the right of free movement to the Eastern European Countries on 1 May 2011.

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7. Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time

OJ L 299, 18.11.2003 p. 9 – 19.

Summary

Working time is one of the most important areas of employment where the EU has been attributed certain powers to improve employment conditions. In this respect, the EU authorities and the social partners are trying to achieve the best possible solution for both employers and employees.

The initial Council Directive 93/104/EC of 23 November 1993 laid down minimum safety and health requirements for the organisation of working time, in respect of periods of daily rest, breaks, weekly rest, maximum weekly working time, annual leave and aspects of night work, shift work and patterns of work. Though, it has been repealed by Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time due to new demands coming from the social partners.

From 01.08.2004 onwards, Directive 2003/88/EC has been in effect regarding the organization of working hours. According to this Directive;

Working time and rest period

In the framework of this Directive, ―Working time" means any period during which the worker is working, at the employer's disposal and carrying out his activity or duties, in accordance with national laws and/or practice; "rest period" means any period which is not working time.

 Every worker is entitled to a minimum daily rest period of 11 consecutive hours per 24-hours period.  Where the working day is longer than 6 hours, each worker is entitled to a rest break, the details of which are laid down in a collective agreement, or by the two sides of the industry, or failing that, by national legislation.  Per each 7 days period, each worker is entitled to a minimum uninterrupted rest period of 24 hours plus the 11 daily rest hours.  The average working time for each 7 days period, including overtime, does not exceed 48 hours.  Workers are entitled to paid annual leave of at least 4 weeks in accordance with the conditions for entitlement and granting established by national law.

Night work

 Night time means any period of a minimum of 7 hours including a period between midnight and 5 a.m. a night worker either works daily at

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least 3 hours during night time, or is likely during night time to work a certain proportion of his annual working time, as defined at national level.  Normal hours of night work do not exceed an average of 8 hours in 24 hours period.  The Directive provides for the free health assessment of night workers on a regular basis when suffering with health problems connected to their work. These workers must be transferred as soon as possible to day work.  Provisions for special protection of night workers.

Derogations and exceptions

Derogations are possible on account of specific characteristics of activities (e.g. medicine, agriculture), and particularly in the case of:

 Managing executives or other persons with autonomous decision-taking powers;  Family workers;  Workers officiating at religious ceremonies in churches and religious communities;  Services relating to the reception, treatment and/or care provided by hospitals or similar establishments; including the activities of doctors in training;  Residential institutions and prisons;  Dock or airport workers; press, radio, television, cinematographic production, postal and telecommunications services, ambulance, fire and civil protection services; gas, water and electricity production, transmission and distribution.

8. Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers

OJ L 167, 2.7.1999 p. 33-37.

(Consolidated version)

Amended by:

 Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC

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OJ L 124, 20.5.2009, p. 30–50.

Summary

The purpose of the Directive is to enforce the Agreement on the organisation of working time of seafarers concluded on 30 September 1998 between the organisations representing management and labour in the maritime sector (ECSA and FST) as stated in the Annex hereto.

The Agreement is implemented to seafarers on board within every seagoing ship, whether publicly or privately owned, which is registered in the territory of any Member State and is normally engaged in commercial maritime operations. Aligning with this Agreement, a ship that is on the register of two States is deemed to be registered in the territory of the State whose flag it flies.

Member States may keep or initiate more favourable provisions than those pointed out in the Directive.

9. Council Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)

(Text with EEA relevance)

OJ L 302, 1.12.2000, p. 57–60.

Summary

The Directive aims at implementing the European Agreement on the organisation of working time of mobile employees in civil aviation signed on 22 March 2000. The organisations representing management and labour in the civil aviation sector: the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) took part in this Agreement which text is annexed to the Directive.

Member States reserve the right to introduce more favourable provisions than those taking place in the Directive.

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10. Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities

OJ L 080, 23.03.2002 p. 35 – 39.

Summary

The aim of the Directive is to set minimum requirements related to the organisation of working time for the purpose of improving the health and safety protection of persons performing mobile road transport activities.

The Directive applies to mobile workers taking place in road transport activities covered by Regulation (EEC) No 3820/8510 or, failing that, by the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970 (the AETR Agreement).

11. Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers

OJ L 323, 3.12.2008, p. 33–61

(Recast)

Summary

The Directive aims to lay down minimum training requirements for seafarers, working on board ships flying the flag of a Member State except:

- Warships, naval auxiliaries or other ships owned or operated - by a Member State and engaged only on government noncommercial - service; - Fishing vessels; - Pleasure yachts not engaged in trade; - Wooden ships of primitive build.

In this context the Directive foresees that the seafarers must be trained with a minimum standard in accordance with STCW Convention. In addition, the crew must be trained and certified in accordance with SOLAS 74 Regulation III 10.4. In this respect the training certificates will be issued by the competent authorities in member states.

10 Regulation EEC No 3820/85 is replaced by the Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 32

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Member States must take the necessary measures against fraud and unlawful practices. Moreover, penalties for the violation of national provisions in accordance with this Directive shall be prescribed by Member States.

12. Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work

OJ L 327, 5.12.2008, p. 9–14

Summary

The directive aims to provide a legislative framework for temporary work agencies, which provide workers to user undertakings for a limited period, and their assigned workers (Temporary Agency Workers) those work in user undertakings under the supervision of temporary work agencies. In this context, Member States must make the necessary legislative arrangements in order to change the laws or provisions which prohibit hiring temporary agency workers unless there is a general interest for the protection of temporary agency workers, such as health and safety conditions, proper function of labour market and prevention of abuses.

Moreover, the Member States are also required to ensure the equal treatment of temporary agency workers with other workers. Some special arrangements can be made to provide payment for temporary agency workers (who have permanent contracts with temporary work agencies) in between assignments. Member States may provide the temporary agency workers the possibility to conclude collective agreements covering arrangements for the working conditions.

Member States must also make sure that user undertakings inform temporary agency workers about vacant positions in order to provide them with the equal chance of accessing permanent employment in that undertaking with other workers. Member States shall make the necessary arrangements to nullify the provisions or clauses prohibiting the conclusion of permanent contracts user undertakings with temporary agency workers.

2.2. Information, consultation and participation of workers

1. Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies

OJ L 225, 12.08.1998, p. 16.

(Consolidated version)

Summary

It lays down minimum requirements regarding the administrative procedure to be followed by an employer to complete collective redundancies.

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A ―collective redundancy‖ means a dismissal effected by an employer for reasons not related to the individual workers concerned, provided that there are at least 5 redundancies. Member States may chose between three possibilities of calculating the number of redundancies.

The Directive does not apply to:

 Collective redundancies regarding fixed-time contracts or contracts for a specific task;  Workers employed by public administrative bodies or by establishments governed by public law or equivalent bodies;  Crews of seagoing vessels.

Prior to any contemplated collective redundancy, the employer must consult the workers representatives to seek solutions to avoid redundancies or to reduce the social consequences of such redundancies. The employer will supply the representatives and competent authorities with information and reasons of these redundancies.

When a collective redundancy takes place, the employer must notify its project to the competent authorities, and workers representatives may comment upon this project.

The collective redundancy can take place not earlier than 30 days after the notification. Competent authorities may be empowered to diminish or increase this deadline.

Workers and their representative must have recourse against failure to enforce obligations under this Directive.

2. Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 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

(Recast)

(Text with EEA relevance )

OJ L 122, 16.5.2009, p. 28–44

Summary

The Legislation repeals the 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, as of 6 June 2011 with the aim of

CPS Corporate & Public Strategy Advisory Group recasting. The Directive, which has fundamentally the same goals and content with the Council Directive 94/45/EC, mainly aims to improve the rights of employees working at Community-scale undertakings and groups of undertakings, in terms of information and consultation. In this context, the Directive foresees that every undertaking or a group of undertakings, which operates at Community-scale, shall establish a European Works Council or a mechanism to inform and consult the employees. The Directive limits the mandate of European Works Councils and information and consultation mechanisms with issues those have a transnational aspect.

Different from the Council Directive 94/45/EC the legislation defines the concepts of information and consultation in detail. In this context:

Information is defined as a data transmission; which takes place in a way that enables the employer to have a grasp of the subject matter and make a detailed assessment, and at a time that provides the possibility to prepare for a consultation.

Consultation is defined as a dialogue and exchange of views between the employer and representatives of employees; with a proper form, timing and content that enables the representatives of employees to express their opinion on the provided information regarding the subject of consultation. .

The duty of members of the European Works Councils is to protect the interests of employees working at the undertaking in question and inform them. In this context, the representatives of employees enjoy the same level of guarantee and protection with the rights provided with them via national legislation and practices. Moreover the members receive the necessary training that will enable them to execute their duty of international representation without a loss of salary.

3. Council Directive 2001/23/EC of 12 March 2001 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

OJ L 082, 22.03.2001, p. 16-20.

Summary

This Directive applies to any transfer of undertaking or business to another employer as a result of a legal transfer or merger, in the territorial scope of the Treaty. It does not apply to sea vessels.

The scope of the Directive extends to public and private undertakings, whether or not operating for gain.

The transferor‘s rights and obligations arising from a contract of employment or from an employment relationship existing on the date of the transfer are transferred to the transferee. The transferee must continue to observe the terms and conditions

CPS Corporate & Public Strategy Advisory Group agreed in any collective agreement on the same terms applicable to the transferor under that agreement, until the date of termination of the agreement.

The transfer shall not in itself constitute grounds for dismissal by the transferor or the transferee. The transferor and the transferee must inform the representatives of their respective employees affected by the transfer of:

 date/proposed date of transfer  reasons of the transfer  legal, economic and social implications to the transfer for the employees  any measures envisaged in relation to the employees

4. Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees

OJ L 294, 10.11.2001, p. 22.

Summary

This Directive governs the involvement of employees in the affairs of European Public limited-liability companies (Societas Europaea ―SE‖), as referred in Regulation 2157/2001/EC (registered office in the EU and minimum capital of € 120 000).

―Involvement of employees‖ means any mechanism, including information, consultation and participation, though which employees‘ representatives may exercise an influence on decisions to be taken in the company.

When participating companies draw plans for the setting up of an SE, a special negotiating body representative of the participating companies and concerned subsidiaries or establishment must be created. The special negotiating body and the competent organs of the participating companies determine arrangements for the involvement of employees within the SE. The agreement will determine in particular its scope of application, the functions of the representative body. The parties can decide to establish one or more information and consultation procedures instead of a representative body. In the case of an SE established by means of transformation, the agreement must provide at least the same level of employee involvement as the ones existing within the company to be transformed into an SE.

Member States must lay down standard rules on employee involvement (information, consultation and participation), to which the agreement is not, unless decided otherwise, subject. They are laid down by the legislation of the Member States in which the SE will have its registered office. Those rules apply when:

 the parties so agree, or  the special negotiating body has not taken a decision to open or close negotiations.

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Standard rules apply for SE established by transformation, and under certain conditions to SE established by merger, by setting up a holding company or a subsidiary.

5. Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation

OJ L 80, 23.03.2002, p. 29.

Summary

The purpose of this Directive is to establish a general framework setting out minimum requirements concerning the right to information and consultation of employees in undertakings or establishments within the Community. The Directive has the main theme of promoting social dialogue between management and labour.

The Directive defines the terms ―undertakings‖, ―employer‖, ―employees‘ representatives‖, ―information‖ and ―consultation‖.

The Directive applies, according to the choice made by Member States, to:

- Undertakings employing at least 50 employees in any one Member State, or - Establishments employing at least 20 employees in any one Member State.

Member States may lay down particular provisions applicable to undertakings or establishments which pursue directly and essentially political, professional organisational, religious, charitable, educational, scientific or artistic aims, as well as aims involving information and the expression of opinions, on condition that, at the date of entry into force of this Directive, provisions of that nature already exist in national legislation.

The Member States determine practical arrangements for exercising the right to information and consultation. Member States must establish the procedures for applying the principles set out in the Directive, with a view to ensuring the effective application of employee information and consultation.

Information and consultation cover:

- information on the recent and probable development of the undertaking's or the establishment's activities and economic situation; - information and consultation on the situation, structure and probable development of employment within the undertaking or

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establishment and on any anticipatory measures envisaged, in particular where there is a threat to employment; - information and consultation on decisions likely to lead to substantial changes in work organization or in contractual relations.

Information must be given in a way to give employees‘ representatives‘ time to prepare for consultation or conduct adequate studies.

Consultation takes place:

- at the relevant level of management and representation, depending on the subject under discussion; - on the basis of information supplied by the employer; - in such a way as to enable employees' representatives to meet the employer and obtain a response, and the reasons for that response, to any opinion they might formulate; - with a view to reaching an agreement on decisions.

The following are regarded as serious breaches of the obligations laid down in the Directive:

- total absence of information and/or consultation of the employees' representatives prior to a decision being taken or the public announcement of such decision; - withholding of important information or provision of inaccurate information rendering ineffective the exercise of the right to information and consultation.

Member States must provide for appropriate measures, in particular administrative and judicial procedures, applicable in the event of non-compliance with this Directive by the employer or the employees‘ representatives.

Member States shall adopt the laws, regulations and administrative provisions necessary to comply with this Directive not later than 23 March 2005 or shall ensure that management and labour introduce by that date the required provisions by way of agreement.

In March 2008, European Commission has published a communication on the review of the application of this directive. In this context, the Commission pointed out that although the provisions of this Directive are transposed by most of the Member States, there has been a considerable delay in this process. Moreover; definition of certain concepts, such as ―employee‘s representatives‖ has led to controversy. In its assessment, the Commission stated that currently there is no need to propose amendments to the Directive; however; some provisions can be improved and clarified. In this context, the Commission has driven attention to the necessity of

CPS Corporate & Public Strategy Advisory Group clarifying Article 3 concerning the scope of the directive, especially from the point of seafarers11.

6. Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees

OJ L 207, 18.8.2003, p. 25–36.

Summary

Likewise the Council Directive 2001/86/EC supplementing the European company statute, Directive 2003/72/EC supplements the Statute for a European Cooperative Society (SCE) as stipulated by the Council Regulation (EC) No 1435/2003.

Under the Council Regulation (EC) No 1435/2003, the SCE is defined as an entity with legal personality for which the subscribed capital by its members is divided into shares. An SCE may be formed in various ways:

- by five or more natural persons resident in at least two Member States; - by five or more natural persons and companies and other legal bodies resident in, or governed by the law of, at least two different Member States, - by companies and firms and other legal bodies governed by public or private law formed under the law of a Member State which are governed by the law of at least two different Member States,

- through a merger between cooperatives established under the law of a Member State with registered offices and head offices within the Community, provided that at least two of them are governed by the law of different Member States,

- through conversion of a cooperative established under the law of a Member State, which has its registered office and head office within the Community if for at least two years it has had an establishment or subsidiary governed by the law of another Member State.

The Directive 2003/72/EC defines the negotiation procedures applicable to SCE under different types of formation.

7. Green Paper ―Modernising labour law to meet the challenges of 21st century

COM(2006) 708 final

The purpose of this Green Paper is to open a public debate concerning how labor law can be improved in the EU to realize Lisbon Strategy‘s aim to achieve sustainable growth with more and better jobs. The priority is given to objectives such as full

CPS Corporate & Public Strategy Advisory Group employment, labour productivity and social cohesion. The underlying idea is to respond to the challenge of combining greater flexibility with the need to maximize security for all.

For this end, the Green Paper presents the current situation of labour law in the EU and mentions the developments in the Member States and in the EU so as to define pathways for responding the main challenge of creating more flexible and inclusive labor market. The Paper reveals the proliferation of different contractual forms in employment relation in Europe and states that non-standard contractual arrangements have also negative effects for the labour force where successive short term contracts, low quality jobs with low social protection put workers in weak position. On the other hand, the Paper also asserts that strict employment protection legislation tend to reduce labour market‘s dynamism.

Moreover, the Green Paper poses questions concerning:

 Employment transitions (law protection in case of involuntary and voluntary discontinuities)  Uncertainty with regard to the law (legal definitions of employment and self- employment)  Three way relationships (dual employer-employee relations due to the temporary agency work)  Organisation of working time (minimum requirements for organization of working time)  Mobility of workers (differing definitions of worker in Member States – frontier workers‘ situation and posted workers)  Enforcement issues and undeclared work

On 31 March 2007, the public consultation on the Green Paper was closed and the outcome of the public consultation was released by the Commission on 24 October 2007. According to this, the following items were identified under the consultation for enhanced cooperation:

 ―The prevention and combating of undeclared work, especially in cross- border situations,  The promotion, development and implementation of training and life-long learning to ensure greater employment security over the life cycle;  The interaction between labour law and social protection rules in support of effective employment transitions and sustainable social protection systems;  The clarification of the nature of the employment relationship to promote greater understanding and facilitate cooperation across the EU;  The clarification of the rights and obligations of the parties involved in subcontracting chains, to avoid depriving workers of their ability to make effective use of their rights.‖

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8. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions Reviewing the Working Time Directive (first-phase consultation of the social partners at European Union level under Article 154 of the TFEU)

(COM/2010/0106 final)

Summary

EU considers that ―working time‖ is one of the most important issues in the field of the employment so EU makes efforts to improve working time conditions with the help of its legislations.

The key trends in this field are:

 A general reduction in total working time: average weekly working hours in the EU have decreased from 39 hours in 1990 to 37.8 hours in 2006[4];

 A polarisation of working time between groups of workers. Part-time workers, most of them voluntary, increased their share in the workforce from 14 % in 1992 to 18.8 % in 2009; however, 10 % of all employees still work more than 48 hours a week and nearly 7 % of all employees work in multiple jobs[5];

 A progressive de-standardisation of individual working time, with increasing variation of working times throughout the year or the working life, along with more flexible practices in companies (flexitime, annualisation of working hours, time banks, time credits, etc.).

It should be signified that technological progress, increase in female participation to professional life and emergence of an individualisation of lifestyles have made working time management and working-time flexibility important elements both for workers and employers. As a result EU has decided to adapt a regulatory framework at both EU and national level. EU will take these objectives into consideration in order to respond changes in the world of work:

 The protection of workers‘ health and safety  Maintaining and improving the balance between work and the family life of the workers.  Making production times and opening hours more flexible

In this communication, EU suggests that it is going to make efforts for a more fundamental adaptation of the present rules in these areas:

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 Flexibility on the timing of minimum daily and weekly rests

EU terminates the first phase of consultation provided for in Article 154(2) TFEU by publishing this current communication. Now EU Commission waits the views of the social partners‘ in order to decide the scope and the necessity of an action at European Union level on the Working Time Directive.

3. Pending Proposals

1. Amended proposal for a Directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time

COM/2005/0246 final - COD 2004/0209

(No Agreement on Joint Text and Procedure terminated on 29.04.2009)

Summary

This proposal aims to amend Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003, concerning certain aspects of the organisation of working time to ensure a high standard of protection of workers' health and safety with regard to working time. At the same time it aims to give companies and Member States greater flexibility in managing working time; to allow greater compatibility between work and family life and to avoid imposing unreasonable constraints on companies, in particular SMEs.

The new proposal adds new definitions to the existing definitions of ―working time‖ and of ―rest period‖ that are shown under the Directive 2003/88/EC. Those are:

 "on-call time": period during which the worker has the obligation to be available at the workplace in order to intervene, at the employer's request, to carry out his activity or duties.

 "inactive part of on-call time ": period during which the worker is ―on call‖, but not required by his employer to carry out his activity or duties."

The amended proposal changes the definition of workplace as the following:

 "workplace": the place or places where the worker normally carries out his activities or duties and which is determined in accordance with the terms laid down in the relationship or employment contract applicable to the worker.

As a result of the insertion of those two new definitions, it is clearly established that the inactive part of on-call time is not considered "working time‖, unless otherwise stipulated by national law or, in conformity with national law and/or practice, by collective agreement or agreement between the two sides of industry. As regards the

CPS Corporate & Public Strategy Advisory Group periods during which the worker carries out his activities or duties, they must be regarded entirely as working time within the meaning of the Directive.

Another modification of the proposal is related with the ―reference periods‖ which is 4 months normally. For many firms it is very important to organise working time flexibly in order to respond to seasonal or demand fluctuations. Sometimes, there might be more work to do and employers could ask workers whether, for a certain period, they want to work more than the 48-hours limit a week. Therefore, the 48 hours are not calculated over just one week, but over a reference period.

With the proposal, Member States could extend this period up to 12 months, subject to the consultation of concerned social partners and to the encouragement of social dialogue in this matter. It is also specified that the duration of the reference period can under no circumstances be higher than the duration of the employment contract. It has been argued that this will allow companies greater flexibility and adaptability for the demands of their business.

An article related to the compatibility between working and family life is added.

The articles related with derogations also have changed slightly. According to Articles 3 and 5, periods of daily and weekly rest of are, respectively, 11 consecutive hours per period of 24 hours and of 24 hours plus the 11 hours of daily rest for each seven-day period. It is, however, possible to derogate from these two provisions. In such cases, workers must, in principle, be granted an equivalent period of compensatory rest. The proposal also specifies that compensatory rest would not have to be granted immediately, but within a reasonable period to be determined by national law/collective agreement/agreement between the social partners.

Concerning individual consent to exceed the limit of working time, the conditions are clearer. For example, the employer will not be able to obtain this consent at the time of signing the employment contract, and the employee will be free to withdraw his consent at any moment.

2. Proposal for a Directive of the European Parliament and of the Council amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities

COM/2008/0650 final

(European Parliament opinion 1st rdg 16/06/2010)

The proposed legislation aims to amend the directive 2002/15/EC on the organization of working time of persons performing mobile road transport activities to clarify the definition of ―mobile worker‖ in accordance with the Directive 2003/88 and Regulation 561/2006.

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B. SOCIAL DIALOGUE

1. The Legal Basis in the EU Treaty:

Article 154 (ex Article 138 TEC) creates a specific basis for social dialogue.

Articles 151-156 (ex Articles 136-140) make an objective for the Community to promote dialogue between labour and management, which may provide for contractual relations or agreements at Community level.

Social dialogue, although provided for in the Rome Treaty, was promoted only in the 80‘s. It was initiated in 1985 by the ―Val Duchesse Social Dialogue‖ process which brought together social partners represented by the European Trade Union Confederation (ETUC), the Union of Industries of the European Community (UNICE, now BUSINESSEUROPE) and the European Centre of Public Enterprises (CEEP).

The Single European Act of 1986, which inserted Article 139 (specific basis for social dialogue) in the Treaty, promotes social dialogue to the rank of a Community‘s official duties.

In October 1991, UNICE, ETUC and CEEP adopted a joint agreement, which called for mandatory consultation of the social partners on Commission proposals in the area of social affairs, and an option for negotiation between social partners to lead to framework agreements. This agreement became enshrined in the Agreement on Social Policy annexed to the Maastricht Treaty on European Union of 1992. This Agreement called for mandatory consultation of the social partners on Commission proposals in the area of social affairs.

In terms of cross-industry social dialogue, Social Dialogue Committee was established as the principal body for bipartite social dialogue in Europe. The SDC which meets 3-4 times a year consists of 64 members (32 employees, 32 employers). SDC also set up technical working groups on the matters related to employment and social policy. In this regard, it is possible to differentiate 6 cross-industry organisations as stakeholders:

 European Trade Union Confederation (ETUC)  Confederation of European Business (BUSINESSEUROPE)  European Centre of Enterprises with Public Participation and Enterprises with General Economic Interest (CEEP)  European Association of Craft, Small and Medium Enterprises (UEAPME)  Eurocadres  European Federation of Executives and Managerial Staff (CEC)

At the national level, the two sides of industry are given the opportunity of implementing Directives by way of agreement. At Community level, specific rules are laid down in the Agreement. The Commission must consult management and labour © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 44

CPS Corporate & Public Strategy Advisory Group before taking any action in the social policy field. An initial consultation should take place concerning the possible direction of Community action. If, after such consultation, the Commission considers Community action advisable, it will consult management and labour on the content of the envisaged proposal. Management and labour will forward to the Commission an opinion or, where appropriate, a recommendation. Alternatively, they may also inform the Commission of their wish to initiate, independently, a process of negotiation, which could lead to the establishment of a direct agreement between the parties.

The negotiation process may take up to nine months, and the social partners have the following possibilities: they may conclude an agreement and jointly request the Commission to propose that the Council adopt a decision on implementation, or, having concluded an agreement between themselves, they may prefer to implement it in accordance with the procedures and practices specific to management and labour and to the Member States, or they may be unable to reach an agreement. In the last case, the Commission will resume work on the proposal in question and will forward the result of its deliberations to the Council.

On the basis of a procedure provided by the Agreement, the Commission adopted measures on parental leave, on part-time work, on fixed-term work. In July 2002, UNICE, ETUC and CEEP have signed an agreement on telework, which defines telework and sets up a general framework at European level for teleworkers' working conditions. It recognises that teleworkers (4.5 million in the EU) are afforded the general protection granted to workers based on the employer‘s premises and highlights 7 key areas where the specificities of telework need to be taken into account. The Framework agreement on work-related stress was concluded on 8 October 2004.

On the fourth of November 2002, Commission proposed a new framework to the European social partners comprising a set of principles and rules governing treatment of personal data at work. Employers should protect all the information that workers give them about their health. In general, data about workers gathered by the employers - as information on workers‘ emails and internet use – should be protected as well.

Sectoral social dialogue was organised either by joint committees appointed by the Commission or by informal working parties, organized on the joint request of the social partners. However, the main body for discussion on employment is the Standing Committee on Employment, set up in the 70s.

The sectoral social dialogue experienced an important development in 1998, the year when the European Commission decided to create sectoral dialogue committees in order to promote the dialogue between the social partners in the sectors at European level (see below Commission Decision 98/500/EC of 20 May 1998). The sectoral social dialogue committees consist of a maximum of 64 representatives of the social partners, including an equal number of employers' and workers' representatives. There are various sectors covered by sectoral social dialogue such as chemical industry, commerce, construction, steel, electricity and insurance. For instance, in steel sector,

CPS Corporate & Public Strategy Advisory Group sectoral social dialogue committee was set up in 2006 where the social partners are represented by European Metalworker‘s Federation (EMF) as employee‘s organisation and by European Confederation of Iron and Steel Industries (EUROFER) acting as Employers‘ organisation.

2. Social Dialogue under the ECSC Treaty:

Social Dialogue under the ECSC (European Coal and Steel Community) Treaty was the dialogue established between representatives of the sectors constitutes the oldest example of European social dialogue. These representatives have regularly met in the ECSC Consultative Committee (set up in 1952, 108 members) and in the two mixed Committees for the harmonization of working conditions. In the two latter bodies, social partners have collaborated to anticipate and solve problems related to employment. The social dialogue established in the framework of the ECSC has facilitated industrial restructuring.

3. Main Legislation

The legislation concerning the involvement of workers such as

 legislation on collective redundancies (Council Directive 98/59/EC),  legislation on European Works Councils (Council Directive 2006/109/EC, Council Directive 94/45/EC, Council Directive 97/74/EC),  legislation on supplementing Statute for a European Company as regards to involvement of workers (Council Directive 2001/86/EC),  legislation on supplementing European Works Councils (Council Directive 2003/72/EC),  legislation on general framework for informing and consulting employees in the EC (Directive 2002/14/EC)  legislation on safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (Council Directive 2001/23/EC)

is described in detail in the previous part (Labour Law part) of this section.

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3. Main Legislation

1. Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level

OJ L 225, 12.08.1998, p. 27.

(Consolidated version)

Amended by:

OJ L 236, 23.09.2003 p. 584 – 586.

 Commission Regulation (EC) No 1792/2006 of 23 October 2006 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union, and external relations by reason of the accession of Bulgaria and Romania

OJ L 362, 20.12.2006, p. 1–66

Summary

The Decision establishes Sectoral Dialogue Committees, which replace the existing Joint Committees, namely:

- Joint Committee on Maritime Transport established by Commission Decision 87/467/EEC; - Joint Committee on Civil Aviation established by Commission Decision 90/449/EEC; - Joint Committee on Inland Navigation established by Commission Decision 80/991/EEC; - Joint Committee on Road Transport established by Commission Decision 85/516/EEC; - Joint Committee on Railways established by Commission Decision 85/13/EEC;

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- Joint Committee on Telecommunications Services established by Commission Decision 90/450/EEC; - Joint Committee on Social Problems of Agricultural Workers established by Commission Decision 74/442/EEC; - Joint Committee on Social Problems in Sea Fishing established by Commission Decision 74/441/EEC; - Joint Committee on Postal Services established by Commission Decision 94/595/EC.

Sectoral Dialogue Committees are established in sectors where the social partners make a joint request to take part in a dialogue at European level, and where the organizations representing both sides of the industry fulfil the following criteria:

- They relate to specific sectors or categories and can be organized at European level; - They consist of organizations which are themselves an integral and recognized part of Member States‘ social partner structures and have the capacity to negotiate agreements, and which are representatives of several Member States; - They have adequate structures to ensure their participation in the work of the Committees.

Each Committee can, in its sector of activity, be consulted on developments at EU level, which have got social implications. They can develop and promote social dialogue at sectoral level.

The Committees must meet at least once a year The Commission invites the representatives for a meeting of the Committees on a proposal from the social partner organizations.

2. Commission Decision 2002/260/EC of 27 March 2002 concerning the creation of a Group of Directors-General for Industrial Relations

OJ L 91, 06.04.2002, p. 30.

Summary

The decision creates a Group of Directors-General for Industrial Relations to provide a body for consultation, reflection, exchanges and cooperation between the Member States and the Commission.

This Group will:

- Establish cooperation between the institutions of the Member States and the Commission on issues relating to EC labour law; - Monitor the development of policies in the area of labour law and industrial relations;

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- Facilitate the exchange of experiences and good practices in the area of individual and collective labour law.

The Group will be composed of the Directors-General for Industrial relations of the Member States, and chaired by a Commission representative.

4. Pending Proposals

Currently, there is no pending proposal under this heading.

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C. EQUALITY OF TREATMENT BETWEEN MEN AND WOMEN

1. The Legal Basis in the EU Treaty:

Legal Basis: Article 157 (ex Article 141 TEC)

Community action to ensure equality between men and women finds it legitimacy in Article 157 (ex Article 141 TEC) that stipulates that each Member State shall ensure the application of the principle that men and women receive equal pay for equal work. The principle of equal pay for equal work, which was adopted at the Community level, in the Treaty of Rome of 1957, was reaffirmed by the European Court of Justice later in the 70‘s.

The Treaty of Amsterdam explicitly introduces equality between men and women as one of the tasks (Article 2) and activities (Article 3) to be undertaken by the Community. A new article (6a) states that the Council, acting unanimously on a proposal from the Commission, may take action to combat any form of discrimination, including that based on sex.

The Lisbon Treaty, which was signed on 13 November 2007 and entered into force on 1 December 2009 after being ratified by the Member States, amends the Article 2 of the EC Treaty with an additional provision including direct reference to fight against social discrimination and the equal treatment between men and women. The new provision foresees that the union ―…shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.‖

Since 1975, a series of Directives has been adopted in order to clarify and develop this basic principle of Community law: Equal pay for male and female workers, Equal treatment with regard to access to employment, vocational training, promotion and working conditions, statutory social security schemes, in occupational schemes of social security, self-employed activity, reconciling family and working life.

Bearing in mind that application of the laws is insufficient in itself to promote de facto equal opportunities, the Commission has made efforts to promote specific measures aimed at promoting equality between women and men, through successive multi annual action programmes designed and implemented in partnership with the Member States.

At the end of the year 2006, a Community Programme called PROGRESS was launched for the period 2007-2013, which replaced previous four action programmes ended in 2006. PROGRESS has a global budget of € 743.25 million for seven years (2007-2013) to promote modernization in 5 sub-policy areas. Those are: Employment, working conditions, social protection and social inclusion, non discrimination and diversity, gender equality.

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Under the gender equality section the programme, the Roadmap for Equality between women and men (2006-2010) was launched on 1 March 2006, on the basis of the experience gained through Framework Strategy for equality between women and men (2001 – 2005). The Roadmap aims to raise efforts under six priority areas that are; equal economic independence for men and women; reconciliation of work, private and family life; equal participation of men and women in decision making; elimination of gender stereotypes; eradication of gender-based violence and trafficking, and promotion of gender equality outside the EU. In this respect, PROGRESS, foresees holding seminars, supporting debate among social partners, NGOs and other stakeholders, and the effective monitoring of the implementation of Community legislation.

European Commission published a Women’s Charter in March 2010, in response to the European Parliament's request to step up action to tackle violence against women. On the basis of the achievements of 2006-2010 strategy and in line with the ideas adopted in the Women‘s Charter, the European Commission later sets the general framework and targets for gender equality in The Strategy on the equality between men and women 2010 and 2015, adopted on 21 September 2010. The Strategy aims gender mainstreaming (promote gender equality in all policy areas) and the promotion of gender equality dimension in the Europe 2020 strategy. Five priority areas of the Strategy are:

(1) equal economic independence for women and men; (2) equal pay for work of equal value; (3) equality in decision-making; (4) dignity, integrity and ending gender violence; (5) promoting gender equality beyond the EU (6) horizontal issues (gender roles, legislation and governance tools).

The employment rate for women is 62.5% in the EU today. In addition, EU average in gender pay gap is 17%. This means, on average, EU women paid 17.1% less than men per hour work. In appreciation of gender equality as a vital requisite for growth, employment and social cohesion, the EU targets to develop the employment of both men and women, aged between 20 and 64, to the level of 75%, by 2020, in its Europe 2020 Strategy. Following the publication of the Europe 2020 and the latest strategy on gender equality for 2010-205, the Commission sums the statistics and developments in the framework of the six areas of work defined above in its recent ―Report on Progress on Equality between Women and Men in 2010.‖

The European Commission also works to support the promotion of gender balance in decision making processes and positions both in the political and corporate domain. Whereas less than one out of four deputies is women in national parliaments in the EU, only three of each ten members are women in the European Parliament. On the other hand, in business, the rate of women board members work for listed European companies is 10% and only 3% of these women acts as the chairperson.

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The dossier of gender equality is being treated under the profile of the Directorate of Justice, and replaced from the website of DG Employment, Social Affairs & Inclusion, as from 1st of January 2011.

Since March 1, 2011, DG Justice is committed to encourage the publicly listed companies to sign "Women on the Board Pledge for Europe" in order to increase the level of women board members in those companies to the level of 30% by 2015 and 40% by 2020.

EU ACQUIS TURKISH LAW

Directive 2006/54/EC of  The Constitution the European Parliament  Labour Act No 4857 Official Gazette dated 10/6/2003 – and of the Council of 5 25134 July 2006 on the  Law No 2821 on Trade Unions Official Gazette dated implementation of the 7/5/1983 - 18040 principle of equal opportunities and equal  Law No. 2822 on Collective Agreements, Strikes and Lock- treatment of men and outs Official Gazette dated 07/05/1983 – 18040 women in matters of  Law No. 3071 on Governing the Exercise of Right to Petition employment and Official Gazette dated 10/11/1984 – 18571 occupation (recast)  Law No: 4982, on Right Of Information Acquirement, Official Gazette dated 9/10/2003 – 25269

 Law No: 4721, on Turkish Civil Code, Official Gazette dated 08/12/2001- 24607  Law No:5237 on Penal Code Official Gazette dated 12/10/2004 - 25611  Law No: 5521 on Labour Courts Official Gazette dated 04/02/1950 – 7424  Minimum Wage Regulation Official Gazette dated 01/08/2004 – 25540  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

CPS Corporate & Public Strategy Advisory Group and of the Council of 23 25134 September 2002 amending  Law No. 5763 on amending Labour Law and Certain Laws Council Directive Official Gazette 26/05/2008 - 26887 76/207/EEC on the  Law No 2821 on Trade Unions Official Gazette dated implementation of the 7/5/1983 - 18040 principle of equal  Law No. 5237 on Penal Code Official Gazette dated treatment for men and 12/10/2004 - 25611 women as regards access to employment, vocational training and promotion, and working conditions (Text with EEA relevance)

Council Directive 79/7/EEC of 19 December  Law No. 5510 on Social Insurance and General Health 1978 on the progressive Insurance Law Official Gazette dated 16/06/2006 – 26200 implementation of the  Social Insurance Law No. 1479 For Craftsman, Artisans and principle of equal Other Self-Employed treatment for men and women in matters of social security

No corresponding legislation. 2008/590/EC: Commission Decision of 16 June 2008 relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056)  Law Amending the Civil Servants‘ Law and the Labour Law Council Directive (In accordance with the National Programme of Turkey for 96/34/EC of 3 June 1996 the Adoption of the EU Acquis, which was published on the on the framework Official Gazette no 27097 dated 31 December 2008, Turkey agreement on parental has committed to enact this legislation by 2009) leave concluded by UNICE, CEEP and the  Implementing Regulation on the Occupational Health and ETUC Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)

 Labour Act No 4857 Official Gazette dated 10/6/2003 – Directive 92/85 on health 25134 and safety at work of  By-law on the Working Conditions of Pregnant or pregnant workers and Breastfeeding Women, Breastfeeding Rooms and Child workers who have recently Nursing Homes 14/7/2004 25522 given birth  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056  Law No. 5510 on Social Insurance and General Health Insurance Law Official Gazette dated 16/06/2006 - 26200 © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 53

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 By-Law on the Working Conditions of Female Workers at Night Shifts Official Gazette dated 9/8/2004 - 25548  Law Amending the Civil Servants‘ Law and the Labour Law (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)  Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)

Council Directive 86/613/EEC of 11 No corresponding legislation. December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self- employed capacity, and on the protection of self- employed women during pregnancy and motherhood

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 2010/18/EU of 8 March 25134 2010 implementing the  Law No. 5763 on amending Labour Law and Certain Laws revised Framework Official Gazette 26/05/2008 – 26887 Agreement on parental  Law No. 657 on Civil Servants Official Gazette dated leave concluded by 23/07/1965 – 12056) BUSINESSEUROPE,  Draft Law concerning amendment of Law on Civil Servants UEAPME, CEEP and and Labour Act ETUC and repealing Directive 96/34/EC

Directive 2010/41/EU of the European Parliament No corresponding legislation. and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

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2. Main Legislation:

1. Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation

(recast)

OJ L 204, 26.7.2006, p. 23–36.

Summary:

Due to subsequent amendments and developments in the case-law of European Court of Justice, so as to provide clarity concerning the legislation on implementation of the principle of equal treatment between men and women, Directive 2006/54/EC repeals the following legislation and recast existing provisions into a single text as of 15 August 2009.

The objective of the Directive 2006/54/EC is to ensure the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. The Directive contains provisions related to equality in terms of:

 Access to employment, including promotion, and to vocational training;  Working conditions, including pay;  Occupational social security schemes.

The Directive also provides definitions concerning ―direct discrimination‖, ―indirect discrimination‖, ―harassment‖, ―sexual harassment‖, ―pay‖ and ―occupational social security schemes‖. Under the terms of the Directive, discrimination consists of harassment and sexual harassment as well as any less favourable treatment based on a person‘s rejection of or submission to such conduct; instruction to discriminate against persons on grounds of sex and, any less favourable treatment of a woman related to pregnancy or maternity leave.

The Directive contains a positive action provision where it is allowed that Member States to maintain existing or adopt new measures to ensure full equality between men and women.

Title II of the Directive enumerates three principles of equality:

 Equal pay,  Equal treatment in occupational social security schemes,  Equal treatment in access to employment, vocational training and promotion, and in working conditions.

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As to the principle of equal pay, the Directive stipulates that ―for the same work or for work to which equal value is attributed, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration shall be eliminated.‖

Directive states that there shall be no discrimination based on sex in occupational social security schemes concerning the scope of such schemes and conditions of access to them, the obligation to contribute and the calculation of contributions and the calculation of benefits including supplementary benefits. Besides, the equal treatment under this area is also applicable for the members of working population (self-employed persons, persons whose working activity is interrupted by illness, maternity, accident or involuntary unemployment and persons seeking employment and to retired and disabled workers).

Concerning equal treatment as regards access to employment, vocational training and promotion and working conditions, it is stipulated that there shall be no direct or indirect discrimination on grounds of sex in the public or private sectors including public bodies in terms of:

 Conditions for access to employment, to self-employment or to occupation (selection criteria and recruitment conditions);  Access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining including practical work experience;  Employment and working conditions, including dismissals;  Membership of, and involvement in an organisation of workers or employers, or any organisation whose members carry on a particular profession, including the benefits provided.

This chapter also covers provisions related to return from maternity leave, paternity and adoption leave.

Regarding the burden of proof, Member States are responsible of taking measures to ensure it shall be for the respondent to prove that there has been no breach of the principle of equal treatment when persons considering themselves wronged because the principal of equal treatment has not been applied to them establish facts which may presume that there has been discrimination

To support the promotion of equal treatment, equality bodies shall be designated and promoted by Member States.

The Directive shall be complied with by 15 August 2008. If necessary, Member States may request an additional year to comply with this Directive.

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2. Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security

OJ L6, 10.01.1979, p.24.

Summary

Article 1 of the Directive indicates its purpose: ―the progressive implementation of the principle of equal treatment‖ for men and women in the field of social security and other elements of social protection provided for in Article 3. The latter covers:

(a) Statutory schemes which provide protection against sickness; invalidity; old age; accidents at work and occupational diseases and unemployment. (b) Social assistance, in so far as it is intended to supplement or replace the schemes referred to in (a).

The Directive does ―not apply to survivors‘ benefits nor those concerning family benefits, except in the case of family benefits granted by way of increases of benefits due in respect of the risks referred to in paragraph 1 (a)‖ of the above Article 3.

The beneficiaries of the Directive are the ―working population‖ ―including self- employed persons, workers and self-employed persons whose activity is interrupted by illness, accident or involuntary unemployment and persons seeking employment‖. It also applies to ―retired or invalided workers and self-employed persons‖.

Article 4 provides that there can be no discrimination concerning:

- ―the scope of the schemes and the conditions of access thereto, - the obligation to contribute and the calculation of contributions, - The calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.‖

This directive has been incorporated by Agreement on the European Economic Area - Annex XVIII - Health and safety at work, labour law, and equal treatment for men and women - List provided for in Articles 67 to 70

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3. 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)

OJ L 348, 28.11.1992, p. 1.

Consolidated version

Amended by:

OJ L 165, 27.6.2007, p. 21–24

Summary

The Directive is designed to protect pregnant workers. Member States must take the necessary measures that pregnant workers enjoy a maternity leave of at least 14 weeks; time off for ante-natal examinations and are protected against dismissal from the beginning of their pregnancy to the end of the maternity leave.

The Directive also provides with specific rights to protect the health and safety of the pregnant worker. On the basis of guidelines to be drawn up by the Commission, employers in the Member State must assess any risks to the safety or health and any possible effect on the health of the pregnant worker. If the assessment ―reveal a risk to the safety or health or an effect on the pregnancy or breastfeeding of a worker, the employer shall take the necessary measures to ensure that the exposure of that worker to such risks is avoided.

Article 14 (4), (5), (6) of this directive is repealed by Directive 2007/30/EC as of 27.06.2007.

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4. Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

OJ L 145, 19.06.1996, p. 4.

(Consolidated version)

Amended by:

 Council Directive 97/75/EC of 15 December 1997 amending and extending, to the United Kingdom of Great Britain and Northern Ireland, Directive 96/34/EC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

OJ L 10, 16.01.1998, p. 25.

Summary

The Agreement on social policy, annexed to the Protocol (N°14) on social policy gives the possibility to the social partners to conclude framework agreements that can be subsequently put into effect in the Member States through Directives. In the present case, a framework agreement on parental leave concluded on 14 December 1995 between the general cross-industry organizations. The Directive lays down minimum requirements designed to facilitate the reconciliation of parental and professional responsibilities for working parents.

A parental leave ―on the grounds of the birth or adoption of a child to enable them to take care of that child, for at least three months…‖ must be granted to men and women workers. Workers must also be protected against dismissal on the grounds of an application for the parental leave. At the end of the parental leave, the worker is entitled to return to the same job or an equivalent one. Measures must also be taken by Member States to entitle workers to take time off from work on grounds of ―force measure for urgent family reasons in cases of sickness or accident making the immediate presence of the worker indispensable‖.

Directive 97/75/EC extends the scope of Directive 96/34 to the United Kingdom of Great Britain and Northern Ireland.

This Directive has been repealed by Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC from 8 March 2012.

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5.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

(Text with EEA relevance)

OJ L 269, 5.10.2002, p. 15–20

Summary

Directive 2002/73/EC amends Directive 76/207/EEC which aims that the principle of equal treatment for men and women as regards access to employment, including promotion, and to vocational training and as regards working conditions and social security shall be put into effect in the Member States. According to the Directive 76/207 EEC the principle of equal treatment means that there shall be no discrimination whatsoever on grounds of sex either directly or indirectly by reference in particular to marital or family status and the Directive shall be without prejudice to provisions concerning the protection of women, particularly as regards pregnancy and maternity.

Directive 2002/73/EC lays out the definition of sexual harassment, which should mean a situation "where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment". Accordingly sexual harassment which is considered as a form of discrimination on grounds of sex, is prohibited. Conforming to the Directive, Member States are responsible of ensuring proper compensation or reparation for the damage suffered by an injured party. Furthermore, employers will also be in charge of taking preventive measures against sexual harassment and to provide employees with appropriate information on equal treatment for women and men in the workplace.

On the other hand, the Directive settles that a woman on maternity leave must benefit from protection and will hold rights after her period of leave, to return to her job or to an equivalent post on terms and conditions which are no less favorable, and to benefit from any improvement in working conditions to which she would have been entitled during her absence.

6.Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC

OJ L 68, 18.3.2010, p. 13–20

Council Directive 2010/18/EU repeals Directive 96/36/EC from 8 March 2012. This new Directive envisages to improve the conditions of parental leave which is

CPS Corporate & Public Strategy Advisory Group considered as individual right of European Workers‘ (whether they are women or men).

First of all this new Council Directive allows each of the parents to take four months of leave per child. The parents will manage to transfer months between them to allow one parent to take up to seven months off; but at least one month cannot be transferred to the other parent.

It should also be noted that all types of contracts and working relationships (including part-time work and temporary-agency work) will benefit from this right. The workers will be able to ask for changes to their working hours and patterns when they return to work; the employees will take account of their own and their employees‘ needs. In other words this new Directive will protect the workers to be discriminated against in any ways when they request for parental leave. In this directive it is also highlighted that the employers should consider the needs of the parents whose children suffer from a disability or a long term illness.

Moreover, self-employed women, assisting spouses and life partners of self-employed workers such as farmers' wives are granted a maternity allowance by this New Directive. This change will help them to leave their professional activities for at least 14 weeks.

Last of all, this new Directive modifies the establishment of a notice period by the employee before their leave. But it will be the Member States along with their social partners who will decide remuneration and income issues at national level.

7. 2008/590/EC: Commission Decision of 16 June 2008 relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men

(Codified version)

OJ L 190, 18.7.2008, p. 17–21

The Commission Decision establishes an Advisory Committee on Equal Opportunities for Women and Men, which is responsible of assisting the Commission in planning and realizing the Community‘s activities for supporting equal opportunities for women and men, and promoting exchanges experience, policies and practices between the Member States and other related parties. In this context the Committee shall:

―(a) assist the Commission in the development of instruments for monitoring, evaluating and disseminating the results of measures taken at Community level to promote equal opportunities;

(b) contribute to the implementation of Community action programmes in the field, mainly by analysing the results and suggesting improvements to the measures taken;

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(c) contribute, through its opinions, to the preparation of the Commission‘s annual report on progress made towards achieving equality of opportunity for women and men;

(d) encourage exchanges of information on measures taken at all levels to promote equal opportunities and, where appropriate, put forward proposals for possible follow-up action; (e) deliver opinions or submit reports to the Commission, either at the latter‘s request or on its own initiative, on any matter of relevance to the promotion of equal opportunities in the Community.‖

The decision repeals Commission Decision 82/43/EEC.

8. Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self- employed women during pregnancy and motherhood

OJ L 359, 19.12.1986, p. 56–58

Summary

This Directive aims that the principle of equal treatment as between men and women engaged in an activity in a self-employed capacity or contributing to the pursuit of such an activity ( which are not covered by Directives 76/207/EEC and 79/7/EEC ) should be applied in the Member States. This Directive covers not only self – employed workers who pursue a gainful activity for their own account including farmers and members of the liberal professions but also their spouses, who are not employees or partners participate in the activities of the self-employed worker.

According to this Directive, the Member States should eliminate all provisions that contradict the principle of equal treatment. In this Directive it is indicated that the conditions for the formation of a company between spouses may not be more restrictive than the conditions for the formation of a company between unmarried persons. In addition to this, This Directive arranges that spouses who are not under the protection of the self-employed workers‘ social security scheme must have the chance of participating a contributory social security scheme on their own initiative. On the other hand, it is the duty of the Member States to encourage the recognition of the work of the spouses and the conditions that lead female self-employed workers and the wives of self-employed workers to have access to services supplying temporary replacements for existing national social services or be entitled to cash benefits (under a social security scheme or public social protection system) during interruptions in their occupational activity because of their pregnancy or motherhood. This Directive also allows all persons to pursue their claims by judicial process if they consider that they are wronged by failure to apply the principle of equal treatment in self-employed activities.

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9. Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

OJ L 180, 15.7.2010, p. 1–6

Summary

Directive 2010/41/EU of the European Parliament and of the Council allows the Commission to amend the Community legal framework concerning the application of the principle of equal treatment between women and men to self-employed workers and their spouses. This proposal repeals Directive 86/613/EEC1 with effect from 5 August 2012 and will be applicable as regards those aspects not covered by Directives 2006/54/EC, 2004/113/EC and 79/7/EEC, in order to implement more effectively the principle of equal treatment between women and men engaged in an activity in a self- employed capacity, or contributing to the pursuit of such an activity.

In this proposal, the Commission accepts life partners as a spouse where they are permitted under national law. Then, the Commission approves that spouses who assist self-employed workers as part of their contribution to a family business must, at their request, be entitled to the same level of social protection as self-employed workers themselves. Finally the Commission allows self-employed female workers and assisting spouses to be granted, if they so request, maternity leave of the same duration as that provided for in the Directive on the protection of pregnant workers (14 weeks), remunerated, in principle, at a level equivalent to sick pay.

Member States should make efforts to align their national legislations to the provisions of this directive by 2 years at the least. The Directive allows the Member States to have an additional period of 2 years in order to comply with Article 6 in case of need.

3. Pending Proposals:

1. Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/85/EEC 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

{SEC(2008)2595} {SEC(2008)2596}

COM/2008/0637 final - COD 2008/0193

(This proposal is under discussion at the Council as of 17 June 2011)

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This Proposal is prepared for in order to improve the protection and rights of pregnant women who have recently given birth or who are breastfeeding and help to protect the interests of mothers and their children.

This Proposal extends maternity leave from 14 to 18 weeks. Consequently mothers will be able to take 12 non-compulsory weeks before or after confinement and six compulsory weeks after confinement. The period of leave can be extended without effecting the post-natal period if the actual date of confinement differs from the presumed date. This directive also allows mothers to have additional leave, in the case of premature childbirth, children hospitalised at birth, the birth of children with disabilities and multiple births and enables mothers to choose the time which they take the non-compulsory part of their leave (before or after birth) and not to take a certain part of their leave before the birth. In order to protect working women and encourage them to return to work after giving birth, Member States should provide mothers to receive a payment that is equal to their full salary. On the other hand, mothers should also benefit from the allowance at the same level as for sick leave. Mothers who have terminated their maternity leaves, will be able to work under the equivalent conditions and also should benefit from any improvements that have been made to working conditions. They will have the chance of arranging their working hours that will enable them to better reconcile professional and family life.

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D. TACKLING DISCRIMINATION

1. The Legal Basis in the EU Treaty:

Legal Basis: Article 19. (ex Article 13 TEC) and the EU Charter of Fundamental Rights.

The introduction in the Maastricht Treaty of an article specifically aimed at combating discrimination on the ground, inter alia, of race or ethnic origin, gave an impetus for Community action in this area.

Following the Maastricht Treaty, in June 1997, a ―European Monitoring Centre on Racism and Xenophobia‖ (EUMC) was established. It is located in Vienna. The primary task of the EUMC is to provide the Community and its Member States with objective, reliable and comparable information and data on racism, xenophobia and anti-Semitic phenomena at the European level in order to establish measures or actions against racism and xenophobia. On the basis of the data collected, the EUMC studies the extent and development of the phenomena, and analyses their causes, consequences and effects. It is also the task of the EUMC to work out strategies to combat racism and xenophobia and to highlight and disseminate examples of good practice regarding the integration of migrants and ethnic and religious minority groups.

The EUMC has set up a European Information Network on Racism and Xenophobia (RAXEN), designed to collect data and information at national as well as at the European level. This will be accomplished via 15 National Focal Points, contracted by the EUMC to collect, coordinate and disseminate national and EU information in close cooperation with the EUMC. European Monitoring Centre on Racism and Xenophobia‖ (EUMC) was replaced by establishing a European Union Agency for Fundamental Rights.

Legislation to combat racism and xenophobia, as all sorts of discrimination, is recent. In 2000, two Directives were finally issued, and currently a proposal for a framework decision on combating racism and xenophobia is still waiting a signature of the Council.

In 2001 the Community has launched a Community Action Programme to combat discrimination. The Action Programme established for the period 2001-2006 supported activities combating discrimination on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation. In 2006, this programme was replaced by PROGRESS, which was mentioned in detail above.

According to the EU legislation on tackling discrimination, the employers are obliged to:

 implement the principle of equal treatment irrespective of racial or ethnic origin, religion or belief, disability, age and sexual orientation in employment and training activities; © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 65

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 make reasonable accommodation for the needs of disabled people, including appropriate measures to enable a person with a disability to have access to employment and training unless doing so imposes a disproportionate burden;  provide equal access to employment, selection criteria and recruitment conditions, vocational guidance and training, including practical work experience and membership of organizations;  base job classification systems for determining pay on the same criteria, regardless of racial or ethnic origin, religion or belief, disability, age, or sexual orientation.

Diversity management is also another topic encouraged in the companies at the EU level to combat discrimination. The idea behind this initiative is to enable employers to recognize, value and include women and men of different ages, abilities, ethnic origin, religion or sexual orientation. People with disabilities and the Roma people are also concerns of the EU Commission in this area and the Commission tackles closely to prevent discriminative actions against these groups.

The dossier of tackling discrimination is being treated under the profile of the Directorate of Justice, and carried from the website of DG Employment, Social Affairs & Inclusion, as from 1st of January 2011.

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EU ACQUIS TURKISH LAW

 The Constitution  Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No 2821 on Trade Unions Official Gazette dated 7/5/1983 - 18040  Law No. 5237 on Penal Code Official Gazette dated 12/10/2004 - 25611  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056) Directive 2000/43 on the principle of equal  Law No. 5510 on Social Insurance and General Health treatment between persons Insurance Law Official Gazette dated 16/06/2006 - 26200 irrespective of racial or  Social Insurance Law No. 1479 For Craftsman, Artisans and ethnic origin Other Self-Employed  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

 The Constitution  Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No 2821 on Trade Unions Official Gazette dated 7/5/1983 - 18040  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056) Council Directive  Law No. 5237 on Penal Code Official Gazette dated 2000/78/EC of 27 12/10/2004 – 25611 November 2000  Law No. 3308 on Vocational Training Official Gazette dated establishing a general 19.6.1986 – 19139 framework for equal  Law Amending Certain Laws (In accordance with the treatment in employment National Programme of Turkey for the Adoption of the EU and occupation Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011)

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Council Regulation (EC)  No corresponding legislation No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights

Council Framework  No corresponding legislation Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law on combating racism and xenophobia

2. Main Legislation:

1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin

OJ L 180, 19.07.2000, p. 22.

Summary

This Directive lays down a framework for combating discrimination on the ground of racial or ethnic origin at work, in vocational training, regarding social protection, education, with a view to putting the principle of equal treatment into effect in the Member States.

The principle of equal treatment means that there can be no direct or indirect discrimination based on racial or ethnic origin.

Member States can maintain or adopt specific measures to prevent or compensate disadvantages linked to racial or ethnic origin.

Member States must put in place judicial or administrative procedure for the defence of rights in application to this Directive. In a procedure based on discrimination, the burden of proof shall be for the respondent.

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2. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

OJ L 303, 02.12.2000, p. 16.

Summary

This Directive establishes minimum requirements to ensure equal treatment in employment and occupation regardless religion or belief, disability, age or sexual orientation.

The principle of ―equal treatment‖ means that there shall be no direct or indirect discrimination whatsoever on grounds of religion or belief, disability, age or sexual orientation.

Discrimination can be direct (when one person is treated less favourably than another which has been or would be in the same situation), or indirect (where an apparently neutral provision, criterion or practice would put a person with particular age, etc, at a particular disadvantage compared with other persons).

The Directive applies to all persons, as regards both the public and private sectors, including public bodies, in relation to:

 access to employment, including promotion;  access to vocational training;  employment and working conditions, including dismissals and pay;  membership of, and involvement in , and organization of workers or employers.

Members States may provide that discrimination on the ground of age does not constitute discrimination if they are objectively and reasonably justifies by a legitimate aim (e.g.: setting of special conditions of access to employment or vocational training for young people or old workers).

Member States remain free to maintain or adopt specific measures to prevent or compensate disadvantaged linked to any of the grounds referred to in the Directive (positive actions).

Member States must ensure that there exist judicial and/or administrative procedures for the defence of rights of people, which consider themselves wronged by failure to apply the principle of equal treatment to them. In such a judicial and/or administrative procedure, the burden of proof will be on the side of the respondent.

Member States must also ensure protection of employees against dismissal and any other adverse treatment by the employer against reaction to complain against non- compliance to equal treatment.

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Member States must also establish sanctions applicable to infringement of the national provisions adopted pursuant to this Directive.

3. Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights

OJ L 53, 22.2.2007, p. 1–14

Summary

The Regulation repeals Council Regulation 1035/97/EC of 2 June 1997 establishing European Monitoring Centre on Racism and Xenophobia and replaces it by establishing a European Union Agency for Fundamental Rights.

This agency primarily aims at providing the Community and its Member States with objective, reliable and comparable data at European level on fundamental rights in order to help them when they take measures or formulate courses of action within their respective spheres of competence.

This agency also publishes thematic reports based on its surveys and analysis. In addition, the Agency also publishes an annual report on the issues related to fundamental rights highlighting examples of good practice.

4. Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law on combating racism and xenophobia

Summary

The Framework Decision:

 defines a common criminal approach in the EU;  states that sanctions for legal persons may include exclusion from entitlement to public benefits or aid;  ensures that investigations of offences involving racism and xenophobia are not dependent on reports or accusations made by victims;  presents procedural provisions on jurisdiction

3. Pending Proposals:

1. Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation

COM (2008) 426

(Lastly, the proposal was under discussion at the Council on 17.6.2011)

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This proposal lays down a framework for combating discrimination on the grounds of religion or belief, disability, age, or sexual orientation, with a view to putting into effect the principle of equal treatment outside the field of employment and occupation.

It also aims to provide people with disabilities with general accessibility as well as "reasonable accommodation" without imposing a disproportionate burden on service providers.

The prohibition of discrimination shall apply to all persons, as regards both the public and private sectors, including public bodies, in relation to:

(a) Social protection, including social security and healthcare; (b) Social advantages; (c) Education; (d) Access to and supply of goods and other services which are available to the public, including housing. .

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E. EMPLOYMENT

1. The Legal Basis in the EU Treaty

Legal Basis: The Title IX (Article 145-150) (Title VIII (ex Article 125-130 TEC)

The Title IX (Article 145-150) of the Treaty on the Functioning of the European Union (Title VIII (ex Article 125-130 TEC) sets the objectives of the Community include ensuring a high level of employment, elaborating a co-ordinated strategy for employment, in particular as regards skilled and adaptable workforce.

In parallel with the integration of its labour market, the Community faced the problem of unemployment, which had become for its Member States serious issues around the mid-70s. Now unemployment is regarded as the Union‘s most serious social problem. With this long-lasting problem it has become clear that reducing unemployment required pro-active labour market policies.

Employment policy was mainly lead through action programmes for specific target groups (e.g. ERGO, for the long-term unemployed), and initiatives such as observatory and documentation systems. The Commission has set up the EURES network to help workers find a job in other member states.

At the EU Luxembourg Jobs Summit in November 1997, the Community established a European Employment Strategy (EES). Initially, the strategy was built on 4 thematic priorities; employability, developing entrepreneurship, adaptability of companies and workers to changing technology and markets, equal opportunities.

The latest report of the European Commission named ―Employment in Europe 2010‖ reveals the severe damage of the financial crisis on the EU economy since 2008 autumn. EU GDP fell by 4.2% in 2009, industrial production dropped back to the levels of the late 1990s and employment levels fell by 1.8%. As a result, 23 million people – or close to 10% of the economically active population – became unemployed. In 2010, the unemployment rate was estimated as 9.6% in the EU. Accordingly, in line with the Europe 2020 Strategy, the current European Employment Strategy targets, by 2020:

 an employment rate 75% among people aged 20-64;  a school drop-out rates below 10%, and at least 40% of 30-34–year-olds completing third level education; and  at least 20 million fewer people in or at risk of poverty and social exclusion.

In addition, the EU lists the actions required to meet these targets in its flagship initiative "An Agenda for new skills and jobs" within the framework of the Europe 2020 Strategy. This initiative, in effect since 2008, aims better skills upgrading, anticipation and matching in the framework of skills development. It also covers areas of flexicurity, job quality and working conditions and job creation.

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In the EU, the EES is based on a soft law mechanism called ―open method of coordination‖. This means the policy area is governed through guidelines and indicators decided among the Member States by benchmarking and exchange of best practice. Accordingly, the national governments, which convene via the Employment Committee each year, produce the ‗annual employment package‘. The package which is rather voluntary than obligatory for Member States includes:

 the guidelines for national employment policies laying down the common priorities and targets,  the national reports prepared by Members States on national employment policies, and  Commission‘s Joint Employment Report, accompanied if appropriate recommendations to national governments.

The EES is described in the Employment Guidelines. Since 2005, the employment guidelines, which have been prepared by the Commission and approved by the Council are included in the package of Broad Economy Policy Guidelines. The present Employment Guidelines, in effect since October 2010, are as follows12:

 Increasing labour market participation of women and men, reducing structural unemployment and promoting job quality;  Developing a skilled workforce responding to labour market needs and promoting lifelong learning;  Improving the quality and performance of education and training systems at all levels and increasing participation in tertiary or equivalent education;  Promoting social inclusion and combating poverty.

The Commission published the latest Joint Employment Report on March 8, 2011. It gives the picture of current EU labour market and identifies the priorities for the Member States to use in their National Reform Programmes.

The European Social Fund, the European Globalisation Adjustment Fund as well as the Community Programmes for Employment and Solidarity; PROGRESS 2007-2013 and Lifelong Learning Programme are the main financial instruments at EU level of the European Employment Strategy.

On the twenty seventh of November 2002, Turkey associated with the EU incentive measures for employment. The European Employment Strategy, which is one of the priority issues in the period of EU accession, has been given emphasis in the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey.

12 Please consult the European Council‘s public register to access previous Employment Guidelines http://register.consilium.europa.eu/servlet/driver?page=Result&lang=EN&ssf=DATE_DOCUMENT+ DESC&fc=REGAISEN&srm=25&md=400&typ=Simple&cmsid=638&ff_TITRE=guidelines+for+the +employment+policies

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The Memorandum of Understanding for the Community Programme on incentive measures in the field of employment, launched within the context of the Decision No.1145/2002/EC of the European Parliament and the Council, was signed on 25 November 2002. The Memorandum of Understanding was approved by the Decision of the Council of Ministers No. 2003/5224 on 3 February 2003 and published in the Official Gazette No. 25027 dated 21 February 2003

On the other hand, the European Commission adopted a new Regulation, which allows Member States to grant aid measures in favour of SMEs, employment, job creation, training, research, innovation or measures promoting entrepreneurship without first notifying the Commission. These new rules aim to set a framework to allow Member States to grant aid targeted at creating jobs, boosting competitiveness and improving the environment without the involvement of the Commission. The Regulation came into effect in late July 200813.

EU ACQUIS TURKISH LAW

Council Decision 2000/98/EC of 24 January  No corresponding legislation 2000 establishing the Employment Committee

Regulation (EC) No  No corresponding legislation 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises (Text with EEA relevance)

Regulation (EC) No  No corresponding legislation 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC)

13 For further information, please consult the following link http://europa.eu/rapid/pressReleasesAction.do?reference=IP/08/1110&format=HTML&aged=0&language=EN&guiLanguage=e n © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 74

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No 3037/90 as well as certain EC Regulations on specific statistical domains Text with EEA relevance

Regulation (EC) No  No corresponding legislation 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

Council Decision No  No corresponding legislation 2008/619/EC of 15 July 2008 on guidelines for the employment policies of the Member States

Decision No 283/2010/EU  No corresponding legislation of The European Parliament And Of The Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion

2010/707/EU: Council  No corresponding legislation Decision of 21 October 2010 on guidelines for the employment policies of the Member States

2. Main Legislation:

1. Council Decision 2000/98/EC of 24 January 2000 establishing the Employment Committee

OJ L 29, 04.02.2000, p. 21.

Summary

The Council establishes an advisory Employment Committee to promote coordination between the Member States on employment and labour market policies. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 75

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The Committee will:

 monitor the employment situation and employment policies in the Member States and the Community;  formulate opinions at the request of either the Council or the Commission or on its own initiative;

The Committee must promote the consideration of the objective of employment in the formulation and implementation of Community policies and activities; it will promote exchanges of information and experience between Member States and with the Commission. It will ensure the consistency of the Broad Economic Guidelines and the Employment Guidelines given every year to the Member States.

Each Member State and the Commission will appoint two members of the Committee.

2. Regulation 1552/2005/EC of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises

(Text with EEA relevance)

OJ L 255, 30.09.2005 p.1 –5.

Consolidated version

Amended by:

 Regulation 1893/2006/EC of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation 3037/90/EEC as well as certain EC Regulations on specific statistical domains

(Text with EEA Relevance )

OJ L 393, 30.12.2006, p. 1–39

 Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Four

OJ L 188, 18.7.2009, p. 14–92

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Summary

Vocational training is seen as part of the Lisbon Strategy based on life-long learning and it can contribute to skill development and adaptability of the workforce and ensure lifelong employability. Learning and training at work is also crucial in building social and human capital in the knowledge society.

Having mentioned about the importance of life-learning and vocational training, appropriate and comparable statistical measures and information on continuing vocational training provided by enterprises will shed light upon a key aspect of lifelong learning. Information is indispensable to establish and to assess policies and strategies with a view to adapting human resources to a changing economy. The statistics will provide quantitative and qualitative information on continuing vocational training in enterprises completed by basic information on initial training.

The main points of the Regulation are:

 establishes a framework for a system of Community statistics on vocational training in enterprises;  develops training policy and strategies for enterprises for the improvement of work-place skills;  equal opportunities and gender access to vocational training;  provision of vocational opportunities to the disadvantaged people;  the role of social partners in the promotion of vocational training in the workplace.

On the whole, as a result of the fact that education and training have become a European competence with their inclusion in the Treaties of Maastricht and Amsterdam, the Regulation specifically aims to strengthen the role of life-long learning in the European Employment Strategy and therefore, develop statistical measures to monitor life-long learning as a process.

Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 introduces that the statistics on the vocational training in enterprises will cover at least all economic activities defined in sections B to N and R to S of NACE Rev. 2.

Regulation (EC) No 596/2009 of the European Parliament and of the Council of 18 June 2009, presents in its Annex, a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny

3. Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

(Text with EEA relevance)

OJ L 145, 4.6.2008, p. 234–237

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Summary

The regulation requires Member States to submit quarterly statistics on job vacancies for at least businesses with one employee or more to EUROSTAT (statistical institution of the European Commission) on a regular basis. In this context, the provided data must include all sectors defined in common classification system for economic activities in the Community (NACE). As for the activities of public administration and defence, compulsory social security, education, human health and social work activities, arts, entertainments and recreation and activities of membership organisations, repair of computers and personal and household goods and other personal service activities, as defined by the NACE in force, and of units with fewer than 10 employees determination will be made in accordance with the feasibility studies to be conducted by Member States. In addition, provision of data on agriculture, forestry and fishing sectors shall be optional.

4. Council Decision No 2008/618/EC of 15 July 2008 on guidelines for the employment policies of the Member States

OJ L 198, 26.7.2008 p. 47

Summary

The employment guidelines are connected to Integrated Guidelines fro 2008-2010 based on macroeconomic policies, microeconomic reforms and employment policies, which contribute the objectives of sustainable growth, employment and strengthened social cohesion in accordance with Lisbon strategy. In this context the Member States shall, develop policies fostering full employment, better quality and productivity at work and strengthened social territorial cohesion. (Guideline 17) In this respect, actions will be concentrated in four priority areas:

(1) Attracting more people in employment, increasing labour supply and modernising social protection systems,

This includes promotion of a lifecycle approach to work (Guideline 18) which means the adoption of employment policies to different stages in the life cycle. In addition, they shall ensure inclusive labor markets, enhancing work attractiveness, and making work pay for job-seekers, including disadvantaged people, and the inactive. (Guideline 19) and improve matching of labor market needs (Guideline 20).

(2) Improving adaptability of employees and companies to the economic situation,

Labour markets shall promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners (Guideline 21) and ensure employment-friendly labour cost developments and wage-setting mechanisms (Guideline 22).

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(3) More investment in human capital via education and skill development.

Investment in human capital shall be expanded and improved in the labour markets (Guideline 23) and adaption of the education and training systems in response to new competence requirements is advised (Guideline 24)

5. 2009/536/EC: Council Decision of 7 July 2009 on guidelines for the employment policies of the Member States

OJ L 180, 11.7.2009, p. 16–17.

Summary

Council Decision 2009/536/EC does not introduce new guidelines for the employment policies of the Member States in 2009 and requests Member States to take into account the Annex of the Council Decision 2008/618/EC of 15 July 2008 (above) while they build up their employment policies.

6. 2010/707/EU: Council Decision of 21 October 2010 on guidelines for the employment policies of the Member States

OJ L 308, 24.11.2010, p. 46–51.

Summary

―Europe 2020 Strategy‖ which was launched on 26 March 2010 based on strengthened coordination of economic policies of Member States to promote job creation and growth. To that end, European Council determines targets and Member States are expected to set their national reform programs in the light of these targets.

The Council Decision 2010/707/EU lays down four employment guidelines, as detailed under Annex I. These are as follows:

 Guideline 7: Increasing labour market participation of women and men, reducing structural unemployment and promoting job quality  Guideline 8: Developing a skilled workforce responding to labour market needs and promoting lifelong learning  Guideline 9: Improving the quality and performance of education and training systems at all levels and increasing participation in tertiary or equivalent education  Guideline 10: Promoting social inclusion and combating poverty

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7. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions - A Shared Commitment for Employment

COM/2009/0257 final

Summary

Employment has always been an important issue on the agenda of the European Union. In Lisbon Strategy, the heads of the states and governments of the Member States declared that they wanted an EU to become the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion. But the recent economic crisis had negative effects on the labour market. Although the EU reacted that recent economic turn-down by presenting and implementing European Economic Recovery Plan, after Spring European Council in 2009, the Commission published ―Communication on a Shared Commitment for Employment‖ to better tackle the impact of the crisis on jobs.

According to this new Strategy, maintaining employment, creating jobs, promoting mobility, upgrading skills and matching labour market needs should be the goal in order to achieve these goals:

 Short-time working arrangements should be better used.  Management of business restructuring should be developed with the help of a practical toolkit to help companies, workers and their representatives.  Entrepreneurship should be encouraged by lowering taxation, investing in research and infrastructure, reducing administrative burdens, promoting better regulation that would also have good effects on the well-being of the SMEs.  Unemployed and young people should be supported especially when they want to start on their own business on sustainable basis.  New online 'match and map' service should be presented for the jobseekers so that they would find job vacancies that could match their skills.  For the sake of the employment of young people, the EU should show an effort to commit to provide at least five million apprenticeships across the EU until 2020.  After a Commission sector-by-sector analysis of EU labour market, this market‘s needs for now and the future should be determined and green skills should be prioritized.  EU should work on upgrading job skills for the unemployed ones so that they could better fit in labour market‘s changing needs.  Unemployed ones should be supported by providing early opportunity for training or work; that would help them to return back to work life, avoid the loss of relevant job skills, and lower the risk of long-term unemployment.

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 For the disadvantaged people many initiatives should be taken such as lowering non-wage labour costs, encouraging recruitment incentives, promoting low-skilled job opportunities in household and providing care services; A guide for training in small businesses to help SMEs maintain and obtain the skills they need.

For these recovery measures, EU has planned to use EUR 1,8 billion under the European Social Fund and simplified all the eligibility criteria and widened the scope of the European Globalised Adjustment Fund (EGF). EU is expected to use 500 million Euro from the existing EU budget, funding from international financial institutions especially the European Investment Bank in order to create a new EU microcredit facility for those who need business funding and are recently unemployed.

8. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - 2nd Implementation Report for the Community Lisbon Programme 2008 – 2010

COM/2009/0678 final

Summary

In March 2000, European Union manifested its goal to be ―the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion‖ and then set the Lisbon agenda to achieve its goal. But from the half- way through the implementation period, EU has been criticised as a little progress was achieved compared to Lisbon Agenda elements. Nevertheless in the previous meetings or documents, it was indicated that EU still wanted to achive these goals but had to accelerate the reform process and then had to urge Member States to use the political will to conduct this strategy. It is in 2007 that the Commission presented and then adopted a Proposal for a Community Lisbon Programme 2008-2010 which is a part of the renewed Lisbon Partnership for Growth and Jobs. In 2008 European Commission assessed ten key objectives (10 Community Lisbon Programme (CLP) objectives) corresponding policy actions for Community-level actions for the next three years. The current Implementation Report assesses the implementation of the CLP until November 2009.

1. Investing in people and modernizing labour markets:

―Strategic framework for European cooperation in education and training‖ and the ―New skills for new jobs‖ initiative identified the sectors that needed the emerging competences and skills; and supported mobility in vocational education and training. Meanwhile Commission adopted a communication called ―"A shared Commitment for Employment" which was prepared in order to maintain employment, create new jobs, encourage mobility, develop social skills of workers and correspond labour market needs. On the other hand,

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Commission revised the rules of the European Globalised Adjustment Fund and European Social Fund to make them more clear.

2. The Commission will make proposals for a common policy on immigration in 2008:

―Blue Card scheme‖ which was designed to bring highly skilled workers in Europe was adopted.

3. The Community will adopt a Small Business Act to unlock the growth potential of SMEs throughout their life-cycle

In parallel with the Small Business Act adopted in 2008, European Commission started a General Block Exemption which would enable Member States to support SMEs in a more simplified way. Commission then adopted the Directive on Reduced VAT Rates in June 2009. European Commission also presented legislative proposals: ―a proposal to amend the Directive on Late Payments; the European Private Company Statute; and a Directive on VAT Invoicing to increase the use of electronic invoicing and reduce burdens on business‖ which wait the approval of the Council and the European Parliament.

On the other hand, European Investment Bank increased its investment envelope for SME loans while Commission decided to ―exempt micro- enterprises from the requirements of the Accounting Directives with a savings potential for each micro entity amounting to as much as €1,200 per year on average‖.

4. The Community will move towards the target to reduce EU administrative burdens by 25 % by 2012 and implement an ambitious simplification program

The European Commission was able to ―reduce 33% of the total of €123,8 billion estimated burdens of EU origin.‖

5. The Community will strengthen the single market, increase competition in services, take further steps to integrate the financial services market, and will strengthen existing supervisory arrangements and enhance EU cross- border financial crisis management.

With the help of the ―Goods Package‖, rules on product safety standards, market surveillance and CE marking requirement were revised. This initiative resulted in improving consumer protection and pushing SMEs to have access to the EU and international markets.

Furthermore, the Commission implemented ―Services Directive‖ concerning consumer and competition policy, and adopted a comprehensive package of legislative measures in order to strengthen ―EU financial supervision system‖

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two recommendations on remuneration, presented a proposal for modification of the Capital Requirements Directive.

In this system it was suggested that ―European Systemic Risk Board (ESRB)‖, ―European System of Financial Supervisors (ESFS)‖, should be created. In 2009, European Council and European Parliament adopted amendments to the Capital Requirements Directives and the Deposit Guarantee Schemes Directive, changes to the accounting rules (IAS Regulation) and a regulation on Credit Rating Agencies, agreed on Solvency II Framework and modified Capital Requirements Directive.

6. The Community will make the ―fifth freedom‖, the free movement of knowledge, a reality and create a genuine, European Research Area.

In order to provide the free movement of the knowledge, the Council launched the Ljubljana Process in 2008. This Process aims to create European Research Area (ERA). There will be close cooperation with the Commission and the Member States and European Researchers' Partnership will be developed so that EU will be able to ―pool the research resources, strengthen and reform the higher education sector, facilitate networking, and enhance co-operation between universities, research organisations and business‖. From the beginning of 2009, three Public-Private Partnerships (PPPs) addresses to technologies for the manufacturing, automotive and construction sectors were developed. Finally; the first research projects under 'Factories of the Future', 'Energy Efficient Buildings' and 'Green Cars' will start in 2010.

7. The community will improve the framework conditions for innovation, in particular for venture capital and intellectual property rights.

In this area, the financing of innovation is the challenge for EU. The Competitiveness and Innovation Framework Programme 2007–2013, European Investment Bank (EIB) with its Risk Sharing Finance Facility (RSFF) and EU‘s Cohesion Policy through initiatives such JEREMIE and JASMINE has been recently operational in support of business start-ups and to provide finance for SMEs.

On the other hand, EU Patent Court was created in order to better regulate patenting system and make patents more accessible for SMEs.

Regarding the intellectual property rights (IPR), EU has been making efforts to improve IPR awareness, use and access. Considering the SMEs, EU has lowered the cost for the registration of European trademarks, reduced the administrative burden and established EU Counterfeiting and Piracy Observatory.

8. The Community will complete the internal market for energy and adopt the climate change package in order to put in place the framework to achieve at least a 20% reduction in greenhouse gas emissions and reach a 20% renewable energy share by 2020. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 83

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The Climate and Energy package was adopted. That package will serve to the efforts of the EU to become a low-carbon economy and help it to increase its energy security. EU has been trying to reduce greenhouse gas emissions by 2020 and beyond, promote renewable energy.

With regard to the energy security, the Commission made a proposal for a Regulation on the security of gas supply (repealing Directive 2004/67/EC) and a proposal for a Regulation concerning notification of investment projects in energy infrastructure in the EU and repealing Regulation (EC) No 736/96. Finally, the Commission adopted a new Directive on emergency oil stocks replacing Directive 2006/67/EC in 2009.

9. The community will promote an industrial policy geared towards more sustainable production and consumption, focusing on renewable energies and low carbon and resource-efficient products, services.

EU has shown its interest in Green growth by publishing the package of actions for sustainable consumption, production and industry (SCP/SIP) in 2008. In 2009, EU made inter-institutional agreements on energy performance of buildings, on energy labeling and adopted a package of 9 eco-design measures.

On the other hand, EU adopted the financing of the European Strategic Energy Technology Plan (SETPlan) which will stimulate the use of low-carbon energy, curb emissions of greenhouse gases and boost renewable energy sources.

10. Whilst working to conclude the Doha multilateral trade negotiations, the Community will negotiate bilaterally with key trading partners to open up new focusing on countries and sectors where significant barriers remain, and promote internationally regulatory cooperation.

This 2nd Implementation Report for the Community Lisbon Programme shows that EU has given an international dimension to its revised agenda of the Lisbon Strategy. In 2009 the EU completed the Doha round of WTO talks and bilateral free trade agreements; worked on co-operation on intellectual property rights with partners in Asia, Russia and Latin America; developped a new market access strategy concerning non-tariff barriers in key sectors and supported European companies get better access to public procurement markets abroad; made an effort to coordinate anti-dumping and other trade defence instruments and last but not least tried to focus on China with the help of the comprehensive new strategy.

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9. Council Resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018)

OJ C 311, 19.12.2009, p. 1–11

Summary

In this Council Resolution, European Union is determined to provide increased benefits to its young citizens. In the context of the post-2010 Lisbon Strategy, EU has been investing in European Youth who will be able to contribute to a sustainable development of their societies and to European values and goals. On the other hands, young people have been affected by the recent economic downturns. Therefore, EU has decided to start European cooperation in the youth field from 2010 until 2018 in order to:

(i) create more and equal opportunities for all young people in education and in the labour market; and to (ii) promote the active citizenship, social inclusion and solidarity of all young people

According to this Resolution initiatives should be taken in the fields such as:

 Education and training,  Employment and entrepreneurship,  Health and well-being,  Participation,  Voluntary activities,  Social inclusion,  Youth and the world,  Creativity and culture.

Knowledge building and evidence-based youth policy, mutual learning, progress reporting, dissemination of results, monitoring of the process, consultations and structured dialogue with young people and youth organizations, mobilisation of EU Programmes and Funds are the implementation instruments that EU is going to employ throughout this cooperation.

10. Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, on the active inclusion of young people: combating unemployment and poverty

OJ C 137, 27.5.2010, p. 1–6

Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, is about the active inclusion of young people and their combat against unemployment and poverty. EU considers that Youth are a priority in its social vision and as result it has been working on and © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 85

CPS Corporate & Public Strategy Advisory Group implementing new policies for the well-being of the European Youth. Lisbon Strategy initiated the ―European Youth Pact‖ which was underlining the areas; employment/social inclusion, education/training, reconciliation of work and private life. As this framework expired in 2009, European Commission launched a new EU Strategy for Youth which will serve to:

 Create more Opportunities for Youth in education and employment  Improve Access and full participation of all young people in society  Foster mutual Solidarity between society and young people

In this Resolution, EU underlines that adequate income support, inclusive labour markets and access to quality services shall facilitate the active inclusion of young people. In order to enable young people to have access to the labour market EU considers that the Member States and the Commission should support education, training and non-formal learning. Furthermore, the EU addresses that the Member states should use funds available in the EU the European Social Fund (ESF), the European Regional Development Fund (ERDF) and the Rural Development Fund, or any other relevant EU funds or programmes such as Progress in more efficient way so that they could foster the social inclusion of young people in education, training or employment and to combat unemployment and poverty.

11. Communication from the Commission EUROPE 2020 A strategy for smart, sustainable and inclusive growth

The EU has been preparing a strategy to replace the Lisbon Agenda for Growth and Jobs, which expires in 2010. EU 2020 strategy is designed to deliver growth and jobs for the next decade in order to transform EU into a smarter, greener, more competitive economy and create high levels of employment and social progress.

The objectives of the EU 2020 are:

(i) Creating value by basing growth on knowledge: Opportunity and social cohesion will be enhanced in a world where innovation makes the difference in both products and processes, harnessing the potential of education, research and of the digital economy. (ii) Empowering people in inclusive societies: The acquisition of new skills, fostering creativity and innovation, the development of entrepreneurship and a smooth transition between jobs will be crucial in a world which will offer more jobs in exchange for greater adaptability; (iii) Creating a competitive, connected and greener economy: The EU should compete more effectively and increase its productivity by a lower and more efficient consumption of non-renewable energy and resources in a world of high energy and resources prices, and greater competition for energy and resources. This will stimulate growth and help meet our environmental goals. It will benefit all sectors of the economy, from traditional manufacturing to new hi-tech start ups. Upgrading and inter-connecting infrastructure, reducing administrative burden and accelerating the market uptake of innovations will equally contribute to this goal.

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EU defines defines five headline targets, which member states will be responsible of translate into national goals, in order to achieve these objective mentioned above.These headline targets are:

(i) Raising the employment rate of the population aged 20-64 to 75%.

(ii) Increasing the investment in R&D to 3% of the EU's GDP

(iii) Achieving the EU's '20/20/20' objectives on climate/energy issues.

(iv) The share of early school leavers should be under 10% and at least 40% of the younger generation should have a degree or diploma.

(v) Lowering the number of number of Europeans living below the poverty line by 25%.

European Commission introduces seven initiatives where joint action will be initiated at all levels: EU-level organisations, Member States, local and regional authorities. So that these headline – targets could easily be realized. These flagship initiatives are:

(i) Innovation union: this initiative aims to re-focus R&D and innovation policy while making science and market get closer to turn inventions into products

(ii) Youth on the move: This flagship initiative concentrates on the quality of European‘s higher education system. Promoting student and young professional mobility as well as recognizing professional qualifications and experience are envisaged to foster this initiative. It is also be noted that vacancies in all Member States will be more accessible through out Europe.

(iii) A digital agenda for Europe: Making internet ultra-fast and accessible to all Europeans by 2013 and delivering sustainable economic and social benefits from a Digital Single Market is the key point of this initiative.

(iv) Resource-efficient Europe: this initiative means shift towards a resource efficient and low-carbon economy to meet EU‘s 2020 targets in terms of energy production, efficiency and consumption.

(v) An industrial policy for green growth: This initiative‘s purpose is to create an industrial policy which will be competitive in the post-crisis world, promote entrepreneurship and develop new skills and also reduce unemployment.

(vi) An agenda for new skills and jobs: This agenda will help EU to create the conditions for modernising labour markets which will reduce the unemployment rates.

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(vii) European platform against poverty: This platform is prepared in order to help the poor and the socially excluded ones to participate to the society.

12. Decision No 283/2010/EU of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion

OJ L 87, 7.4.2010, p. 1–5

Summary

This Decision establishes A European microfinance facility for employment and social inclusion, called the European Progress Microfinance Facility (hereinafter the Facility). The Facility will serve to make Union resources more accessible and available for the citizens and micro enterprises. The persons who have lost their jobs or at the edge of losing them, or who are struggling for entering or re-entering the labour market along with the ones threatened by social exclusion or vulnerable persons who have difficulties to have access to conventional credit market as well as the ones who seek to micro-credit in order to start or further develop their own micro- enterprises, including self-employment will benefit from this Facility. In addition to that, micro-enterprises, especially in the social economy, or micro-enterprises which employ persons mentioned above will also be able to use this Facility. It should also be mentioned that the Facility will vigorously promote equal opportunities for women and men.

EU will provide EUR 100 million for the period between 1 January 2010 and 31 December 2013. European Progress Microfinance Facility will execute:

i. guarantees and risk-sharing instruments ii. equity instruments; iii. debt instruments; iv. support measures, such as communication activities, monitoring, v. control, audit and evaluation which are directly necessary for the effective and efficient implementation of this Decision and for the achievement of its objectives.

The Facility will be accessible for public and private bodies established on national, regional and local levels in the Member States which arrange microfinance to persons and micro-enterprises in the Member States.

3. Pending Proposals

There is no pending proposal under this section.

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F. EUROPEAN SOCIAL FUND AND GLOBALISATION FUND

1. The Legal Basis in the EC Treaty

Legal basis: Articles 162-164 (ex Articles 146-148 TEC)

Articles 162-164 (ex Articles 146-148 TEC) give the European Social Fund (ESF) the task to improve employment opportunities for workers in the internal market by increasing their mobility and facilitating their adaptation to industrial changes, which will contribute to raising their standard of living.

The ESF is the main financial tool through which the European Union translates its strategic employment policy aims into action. Already set up by Treaty of Rome, it is the longest established Structural Fund, which, for over 50 years, has invested, in partnership with the Member States, in programmes, to develop people's skills and their potential for work.After consulting the Economic and Social Committee and the Committee of the Regions and following the ordinary legislative procedure, the European Parliament and the Council, adopt implementing regulations regarding the European Social Fund.

The ESF constitutes the financial side of the economic and social cohesion, while the Community Charter of the Fundamental Rights of workers represents the legal side of it.

ESF is a key element of the Europe 2020 Strategy for Growth and Jobs and helps Member States to make workforce and companies better equipped to face new global challenges and competition. An ESF‘s budget that amounts to 75 billion Euros in total is being distributed to Member States and eligible candidate countries, between 2007- 2013, for the promotion of employment in Europe.

The ESF channels its support into long-term programmes which help regions across Europe, particularly those lagging behind, to upgrade and modernize workforce skills and to foster entrepreneurial initiative. This encourages domestic and foreign investment into the regions, helping them to achieve greater economic competitiveness and prosperity. It also promotes better skills and job prospects in the EU. Programmes are planned by Member States together with the European Commission and then implemented through a wide range of provider organizations both in the public and the private sectors. These organizations include national, regional and local authorities, educational and training institutions, voluntary organizations and the Social Partners i.e. trade unions and works councils, industry and professional associations, and individual companies.

The Commission published its proposals for the EU‘s post-2013 (2014-2020) multiannual financial framework on 29 June 201114.

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In addition to the European Social Fund, the European Union formed European Globalisation Adjustment Fund (EGF) in 2007 in order to provide support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation. In contrast to the European Social Fund, EGF intended to quickly tackle the short-term negative effects of the globalisation, particularly on the employment of the most vulnerable and lowest skilled workers. EGF is provided to a Member State to carry out measures covering intensive, personalised job-search assistance, various types of vocational training, temporary incentives and allowances in order to reintegrate redundant workers into the labour market.

According to the report from the Commission on ―The activities of the European Globalisation Adjustment Fund in 2010‖, adopted on 22 August 2011, EGF assisted 60% more unemployed workers in 2010 than in 2009. In 2010, nine EU member states (Germany, Denmark, Spain, Ireland, Lithuania, the Netherlands, Poland, Portugal and Slovenia) used EU‘s EGF fund in total of €83.5 million to help some 23,700 workers who had lost their jobs. Whereas car industry, textiles and construction are the sectors out of 16 industries that most mobilize EGF, Ireland and Spain are the Member States that have received the most EGF aid in 2010.

EU ACQUIS TURKISH LAW

Council Regulation (EC) No corresponding legislation No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

Regulation (EC) No No corresponding legislation 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund and repealing Regulation (EC) No 1784/1999

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Decision No 284/2010/EU of the European Parliament Council of Ministers Decision on the Approval of the and of the Council of 25 Memorandum of Understanding on the EU Community Program March 2010 amending for Employment and Social Solidarity (PROGRESS) Decision No 1672/2006/EC establishing a Community Programme for Employment and Social Solidarity — Progress

2. Main Legislation

1. Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

OJ L 210, 31.7.2006, p. 25–78.

Consolidated Version

Amended by  Council Regulation (EC) No 1989/2006 of 21 December 2006 amending Annex III to Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 OJ L 411, 30.12.2006, p. 6–9.  Council Regulation (EC) No 1341/2008 of 18 December 2008 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue-generating projects OJ L 348, 24.12.2008, p. 19–19  Council Regulation (EC) No 85/2009 of 19 January 2009 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund concerning certain provisions relating to financial management OJ L 25, 29.1.2009, p. 1–3  Council Regulation (EC) No 284/2009 of 7 April 2009 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 91

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the Cohesion Fund concerning certain provisions relating to financial management OJ L 94, 8.4.2009, p. 10–12  Regulation (EU) No 539/2010 of the European Parliament and of the Council of 16 June 2010 amending Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management OJ L 158, 24.6.2010, p. 1–6 Summary

The Regulation repeals Council Regulation 1260/1999/EC of 21 June 1999 laying down general provisions on the Structural Funds as of 1 January 2007. The Regulation provides for the general rules governing the European Regional Development Fund (ERDF), the European Social Fund (ESF) (ERDF and ESF being referred to as Structural Funds) and the Cohesion Fund.

The objectives to which the Structural Funds and the Cohesion Fund (Structural Funds and the Cohesion Fund being referred to as the Funds) contributes, the eligibilhtx brhterha for Member States and Regions, the financial resources available and their allocation criteria are defined by the Regulation. For that purpose, this Regulation lays down the principles and rules on partnership, programming, evaluation, management, including financial management, monitoring and control on the basis of responsibilities shared between the Member States and the Commission.

The actions under the Funds shall aim at reducing the economic, social and territorial disparities which have arisen particularly in countries and regions whose development is lagging behind and in connection with economic and social restructuring and the ageing of the population.

Three specific objectives are defined:

1. The Convergence objective: The principal aim of the renewed cohesion policy under the "convergence" objective is to promote growth-enhancing conditions and factors leading to real convergence within the EU. The regions targeted by this objective are those whose per capita gross domestic product (GDP) measured in purchasing power parities is less than 75% of the Community average. Member States targeted by the convergence objective are those with a per capita gross national income (GNI) less than 90% of the Community average. A total amount of EUR 251 163 million is foreseen for this objective over the seven year period.

2) Regional competitiveness and employment objective: This objective will cover Member States and regions not eligible under the ―convergence‖ objective. Eligible regions are those under objective 1 for the 2000-06 programming period that do not

CPS Corporate & Public Strategy Advisory Group anymore satisfy the regional eligibility criteria of the ―convergence‖ objective and therefore benefit from transitional aid, as well as all other regions of the Community. The "regional competitiveness and employment" objective will involve, through regional programmes financed by the European regional development fund, helping regions and regional authorities to anticipate and promote economic change in industrial, urban and rural areas by strengthening their competitiveness and attractiveness, taking into account existing economic, social and territorial disparities. A total amount of EUR 49 127 million is foreseen for this objective over the seven year period.

3) European territorial cooperation objective: This new objective is aimed at furthering the balanced integration of the EU's territory by supporting cooperation between regions across land or sea frontiers. It will include actions to promote integrated territorial development and support for interregional cooperation and the exchange of experiences. A total amount of EUR 7 750 million is foreseen for this objective over the seven year period.

Amending Council Regulation (EC) No 1989/2006 replaces the Annex III to Regulation (EC) No 1083/2006 that shows the ceilings applicable to co-financing rates.

Council Regulation (EC) No 1341/2008 amended the Article 55 (5) related to the revenue generating projects and came into effect on 25 December 2008. The amendment envisages that paragraphs 1 to 4 of the same Article shall apply only to operations which are co-financed by the ERDF or Cohesion Fund and the total cost of which exceeds EUR 1 000 000.

Council Regulation (EC) No 85/2009 which came into effect on 30 January 2009, concerns articles 44, 46, 56 and 78 that are in relation with European Territorial Cooperation. This Regulation also amends Article 82 on the increased advance payment to the programs.

Amending Articles 44, 46, 56, 78 and 82, new Regulation 284/2009 was adopted by the Council and the European Parliament and came into effect on 7 April 2009. In Article 82, the EU provides for an additional advance of funds to Managing Authorities. The new Regulation provides a further advance of 2.5% while the Council Regulation (EC) No 1083/2006 allowed for advances of 2% and 3 %.

The economic crisis which deepened in 2008 has created major challenges for the European Union. In order to reduce the negative effects of the economic crisis and to facilitate the funding mechanisms of the Union, the Regulation (EU) 539/2010 amends the Articles 39, 40, 41, 44, 48, 55, 57, 67, 78, 82, 88, 93 and 94.

2. Regulation (EC) No 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund and repealing Regulation (EC) No 1784/1999

OJ L 210, 31.7.2006, p. 12–18.

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Consolidated version

Amended by  Regulation (EC) No 396/2009 of the European Parliament and of the Council of 6 May 2009 amending Regulation (EC) No 1081/2006 on the European Social Fund to extend the types of costs eligible for a contribution from the ESF OJ L 126, 21.5.2009, p. 1–2  Regulation (EC) No 397/2009 of the European Parliament and of the Council of 6 May 2009 amending Regulation (EC) No 1080/2006 on the European Regional Development Fund as regards the eligibility of energy efficiency and renewable energy investments in housing OJ L 126, 21.5.2009, p. 3–4 Summary

The Regulation repeals Regulation 1784/1999/EC of the European Parliament and of the Council of 12 July 1999 on the European Social Fund as of 1 January 2007. The Regulation establishes the tasks of the European Social Fund (ESF), its assistance scope, specific provisions and the types of expenditure eligible for assistance.

The main objectives and priorities of the Fund are:

. full employment . improve quality and productivity at work . promotion of social inclusion and cohesion under the guideline of the European Employment Strategy (EES)

The Regulation aims to decrease employment disparities, social inequalities, ―skill gaps‖ and labour shortages; to economic and social restructuring; to promote a knowledge-based economy.

In order to achieve these objectives, a mechanism embedding principles of programming, partnership, co-financing and evaluation is accepted. On the whole, the main objective is to integrate the expected achievements of the ESF in the context of the Lisbon agenda and the European Employment Strategy.

The Regulation (EC) No 396/2009 amends Article 11.3 and The Regulation (EC) No 397/2009 amends Article 7.1BI. These two Regulations approves that in the case of grants:

(i) indirect costs, declared on a flat-rate basis, of up to 20 % of the direct costs of an operation; (ii) flat-rate costs calculated by application of standard scales ofunit cost as defined by the Member State;

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(iii) lump sums to cover all or part of the costs of an operation

Shall be expenditure eligible for a contribution from the ESF as defined in paragraph 1 provided that they are incurred in accordance with national rules, including accountancy rules. They also introduce that ―the options referred to in points (i), (ii) and (iii) of point (b) may be combined only where each of them covers a different category of eligible costs or where they are used for different projects within the same operation. Costs referred to in points (i), (ii) and (iii) of point (b) shall be established in advance on the basis of a fair, equitable and verifiable calculation. The lump sum referred to in point (iii) of point (b) shall not exceed EUR 50 000‖.

Regulation (EC) No 396/2009 of the European Parliament and of the Council of 6 May 2009 amends Paragraph 3 of Article 11 of Regulation (EC) No 1081/2006, while Regulation (EC) No 397/2009 of the European Parliament and of the Council of 6 May 2009 amends Article 7 of Regulation (EC) No 1080/2006. It should be noted that Article 1(3) shall apply with effect from 1 August 2006.

3. Decision No 284/2010/EU of The European Parliament And of The Council of 25 March 2010 amending Decision No 1672/2006/EC establishing a Community Programme for Employment and Social Solidarity — Progress

OJ L 87, 7.4.2010, p. 6–6

Summary

European Union aims to financially support the implementation of the objectives of the EU in employment, social affairs and equal opportunities which were displayed in the Social Agenda with the help of the Community Programme for Employment and Social Solidarity –PROGRESS. This programme which has aimed to contribute to EU Growth and Jobs Strategy was established by the Decision No 1672/2006/EC of the European Parliament and of the Council. It cooperates with European Social Fund (ESF) and uses € 743,25 million for seven years (2007-2013) in order to incite change and modernisation in five areas: employment, social inclusion and protection, working conditions, non-discrimination and gender equality.

It is the Commission who choose the projects to fund either through calls for tender or through calls for proposals. PROGRESS enables a maximum of 80% co-financing of the projects with some exceptions.

It should be underlined that, PROGRESS is available for 27 EU Member States, as well as EU candidate and EFTA/EEA countries. Member States,local and regional authorities, public employment services and national statistics offices. Along with the specialised bodies, universities and research institutes, as well as the social partners and non-governmental organisations are allowed to participate to this programme.

Decision No 284/2010/EU of the European Parliament and of the Council amends Decision No 1672/2006/EC of the European Parliament and of the Council by replacing Article 17.1 which declares that the financial envelope for implementing the

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Union activities referred to in this Decision for the period from 1 January 2007 to 31 December 2013 is set at EUR 683,25 million.

4. Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund

Consolidated Version

OJ L 406, 30.12.2006, s. 1–6

 Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund

OJ L 167, 29.6.2009, s. 26–29

Summary

European Globalisation Adjustment Fund (EGF) aims to stimulate economic growth and create more jobs in the EU, to provide support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation as well as a direct result of the global financial and economic crisis15.

The Regulation lays down rules to mobilize EGF in order to facilitate re-integration into employment of workers affected by trade-related redundancies. EGF is designated for:

(a) job-search assistance, occupational guidance, tailor-made training and re-training, including information and communication technology skills and certification of acquired experience, as well as for outplacement assistance and entrepreneurship promotion or aid for self-employment; (b) special time-limited measures, such as job-search allowances, mobility allowances or allowances to individuals participating in lifelong learning and training activities; and (c) measures to stimulate in particular disadvantaged or older workers, to remain in or return to the labour market.

EGF is provided to a Member State if:

(a) at least 500 workers made redundant over a period of four months in an enterprise (b) at least 500 workers made redundant over a period of nine months, particularly in small or medium-sized enterprises, (in a NACE 2 division in one region or two contiguous regions at NUTS II level.) (c) In small labour markets or in exceptional circumstances, EGF may be considered admissible even if the intervention criteria are not entirely met. (The aggregated

15 The application by the EU Member States to mobilize EGF to support workers made redundant as a result of the global economic and financial crisis shall be submitted before 31 December 2011. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 96

CPS Corporate & Public Strategy Advisory Group amount of contributions in exceptional circumstances may not exceed 15 % of the annual maximum amount of the EGF.)

Upon the application by a Member State for a contribution from EGF and on the basis of Commission‘s assessment, the amount of the financial contribution which may not exceed 50 % of the total of the estimated cost is determined and paid to the Member State in the form of a single instalment.

EGF is designed within the scope of the Union‘s multiyear financial framework and the current EGF fund is in effect between 1 January 2007 and 31 December 2013.

3. Pending Proposals

1. Proposal for a Council Regulation laying down the multiannual financial framework for the years 2014–2020

COM (2011) 398 final

Summary

Proposal for a Council Regulation laying down the multiannual financial framework for the years 2014-2020 which is declared on 29 June 2011 focuses on priorities that provides true added value at the European Union level. Smart, sustainable and inclusive growth is the leading objectives of the proposal. European Commission aims creating its own resources (by i.e. financial transaction tax and a new VAT regime) for the budget by simplifying and reducing Member States‘ direct contributions to the budget in accordance with the Treaty on the Functioning of the European Union. In this context, the Commission stipulated not to increase administrative expenditures.

2014-2020 budget covers issues subject to European infrastructure, research and innovation, education and culture, security of external borders and external relations policy priorities.

Primarily, the Commission‘s proposal envisages increasing the funding relating to research and innovation, education and SMEs development in order to better use the potential of Single Market. In the context of the proposal EU‘s research and innovation strategy, ―Horizon 2020‖ worth 80 billion Euros is planned to create jobs and new ideas for tomorrow to encourage Union’s competitiveness in the world. Commission also proposes to enforce programmes related to education and vocational training; and to this end an integrated programme of 15.2 billion for education, training and youth is proposed to develop skills and mobility.

Moreover, proposal aims bringing more interconnectivity across in Europe by energy, transport and ICT projects. Proposal is expected to provide 371.72 billion Euros for a modern Common Agricultural Policy (CAP) and to open the European Globalisation Fund to farmers. Furthermore in the framework of protecting environment and fighting against climate change, increasing the climate change spending tranche to at least %20 is proposed. In the framework of European competitiveness and social

CPS Corporate & Public Strategy Advisory Group cohesion 4.1 billion is proposed for European security and 3.4 billion in migration and asylum policies. Under this proposal EU‘s external relations budget increased at 70.2 billion.16 billion will be allocated to EU‘s neighboring countries to encourage democracy and prosperity. In the context of Millennium Development Goals, and poverty eradication Commission plans a funding worth €20.6 billion.

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G. SOCIAL SECURITY, AGED PEOPLE AND EXCLUSION

1. The Legal Basis in the EU Treaty

Articles 19, 151, 153, and 160 (ex Articles 13, 136, 137, 144 TEC)

According to Article 19 (ex article 13 TEC), the Council acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament may take appropriate action to combat discrimination based inter alia on disability and age. This article provides the basis to promote equal rights for people with disabilities or for old people, at EU level. In accordance with Articles 151 and 153 (ex Articles 136 and 137 TEC), the objectives of the Community and the Member States include the combating of social exclusion and integration of persons excluded from the labour market.

In the area of social protection and social inclusion, the EU policy is generally conducted through open method of coordination between the Member States. In other words, no binding legislation is imposed on Member States but common objectives and indicators agreed voluntarily are implemented by the Member States. This coordinated action at the EU level is supposed to get reflected in national action plans. In this context, national governments are encouraged to coordinate their policies in order to

 combat poverty and social exclusion,  reform their social welfare systems by learning from each other and identifying what policies work best (in the fields of poverty and social exclusion, pensions, health & long-term care),  tackle the challenges posed by demographic change and to prepare for the effects of population ageing by focusing upon the emerging opportunities,  report regularly with data which is directly comparable across the EU.

Since 1984, the Community has carried out studies and seminars focussing on the contribution of the elderly to economic and social life. The Communication "Towards a Europe for All Ages" of the Commission (COM (99)0221) sets out the implications of the ageing of the population in employment, social protection, health and social services. It has led the Commission to the following policy conclusions:

 In the European Employment Strategy, Member States have been invited to develop measures aimed at maintaining workers' capacities, promoting lifelong learning and flexible working arrangements in order to raise the low employment rate of older workers.  In social protection policies, particular attention has to be paid to ways to reverse the trend towards early retirement, to explore new forms of gradual retirement and to make pension schemes more sustainable and flexible.

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 Medical and social research related to ageing will be given special attention in the fifth framework programme for Community research.  Older people are covered by the anti-discrimination package based on Article 19 (ex article 13 TEC).

Regarding poverty and social exclusion, some 80 million people that is 16% of the population and 19% of the children live at risk of poverty. 17% of Europeans suffer from material deprivation. In addition to this the unemployment rate in the EU was 9.6% in 2010. Several programmes and other actions have been adopted at Community level to promote the combating of social marginalisation. On November 27, 2002, Turkey joined the European programmes in the field of combating social exclusion.

The disproportionate rise of the pensioners in Europe vis-à-vis the employed people creates a major challenge for Member States for sustainable governance of the social security systems. Directorate General for Economic and Financial Affairs published a Joint Report on Pensions in December 2010, which presents the progress and key challenges in the delivery of adequate and sustainable pensions in Europe. The report summarizes the results of the last decade of reforms; impacts of the crisis and long term perspectives beyond the crisis.

In terms of health & long-term care policies, the EU coordination efforts focus on access, quality and sustainability.

In the face of dramatic demographic change, the EU mainly tackles prospective challenges such as demographic renewal, employment, productivity and economic performance, integration of migrants and guarantee for adequate pensions. According to Eurostat‘s 2010 Demography Report, 20.7% of the EU population were aged 65 in 2009. Fertility is slightly on the rise with an average approaching 1.6 as of 2008. Populations of Germany and Italy are currently the oldest in the EU. Some populations are relatively younger such as the Eastern countries of the EU but foreseen to undergo ageing at an increasing pace by 2060. Eurostat‘s population projections envisage that the ageing process will continue in future decades.

2. Main Legislation:

1. Commission Decision 91/544/EEC of 17 October 1991 on the Liaison Group on the Elderly

OJ L 296, 26.10.1991, p. 42.

Consolidated version

Amended by:

 Commission Decision 93/417/EEC of 21 June 1993 amending the Decision on the Liaison Group on the Elderly

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OJ L 187, 29.07.1993, p. 60.

 Commission Decision 1999/141/EC of 10 February 1999 amending the Decision on the Liaison Group on the Elderly

OJ L 45, 19.02.1999, p. 54.

Summary

The Decision sets up a Liaison Group on the Elderly that the Commission can consult on all areas relating to the interests of the Elderly.

The Group will be constituted of representatives of organizations, which work with and for the Elderly. The members of the Group are appointed by the Commission from names provided by the following organizations:

 Retired Workers‘ Coordinating Committee of the European Trade Union Confederation;  Eurag-European Federation for the Welfare of the Elderly;  Eurolink Age;  Fiapa-International Federation of Associations for the Elderly;  EPSO-European Platform of Seniors Organizations;  ESCU- European Senior Citizens Union.

The Group can invite experts to participate in its work.

2. Decision No 1098/2008/EC of the European Parliament and of the Council of 22 October 2008 on the European Year for Combating Poverty and Social Exclusion (2010)

(Text with EEA relevance)

OJ L 298, 07.11.2008, p.20 – 29

Summary

The decision designates 2010 as the ―European Year for combating poverty and social exclusion‖ in order to reaffirm EU‘s commitment to eradicate poverty in line with Lisbon Strategy goal. In this respect ―European Year‖ aims to increase public awareness and collective responsibility on poverty and social exclusion.

The activities to be organized in European Year will concentrate on the following themes:

 Child poverty and the intergenerational transmission of poverty;  An inclusive labour market;  Lack of access to education and training; © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 101

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 Gender dimension of poverty;  Access to basic services;  Overcoming discrimination and promoting the integration of immigrants  Labour market inclusion of ethnic minorities;  Addressing the needs of disabled people and other vulnerable groups.

Member States will incorporate these themes to the national, regional and local situation and challenges, including considerations of territorial cohesion.

3. Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

(Text with relevance for the EEA and for Switzerland)

OJ L 284, 30.10.2009, p. 1–42

Amended by

 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality

OJ L 344, 29.12.2010, p. 1–3.

 Commission Regulation (EU) No 1244/2010 of 9 December 2010 amending Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004

(Text with relevance for the EEA and for Switzerland)

OJ L 338, 22.12.2010, p. 35–36

Summary

On 1 May 2010 a new regulation on social security entered into force. This new regulation is envisaged to help the ones who move to other European countries to settle permanently, work or study temporarily or the pensioners, job seekers and tourists in the field of social security. Although the present regulation like the previous one does not create any new entitlements to social security, it has been reported that it will ensure that rights in the area of sickness insurance, pensions, unemployment and family benefits are protected while European citizens are moving within Europe.

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The new regulation has brought main changes in the following areas:

 More and better information: The new regulation ensures the information on citizens‘ rights which are transferred actively and rapidly between the social security institutions throughout the Europe.  Simpler and more efficient procedures: The social security institutions in different countries will exchange information electronically with the help of the Electronic exchange of social security information, EESSI a new and efficient information network.  Faster access to benefits: This is the temporary affiliation to the social security scheme even when the institutions of different EU countries fail to agree which social security legislation applies to an individual. In that case, the new regulation provides the payment of the benefits, access to treatment and sickness insurance benefits for that individual.  More people can benefit: Owing to the newly updated coordination system, not only the workers and their families but also the people who are recently out of work, not yet in work or no longer working will benefit the social security rights. The regulation in question also provides paternity and pre- retirement benefits and includes simplifications in the fields such as unemployment benefits, family benefits and sickness insurance.

This new regulation is expected to improve worker mobility which is the key element for the full operation of the internal market which is considered to be important for the fight against the economic crisis in the EU as some of its areas suffer from a labour shortage while other areas are affected by unemployment.

It has been reported that the work on the creation of the EESSI (Electronic exchange of social security information) is conducted well. Finally it has been indicated that after a transition period of two years for the electronic exchange of data, the social security institutions of all EU countries are expected to use this Electronic exchange of social security information system by 1 May 2012.

3. Pending Proposals

There are no pending proposals under this section.

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H. THE DUBLIN FOUNDATION

1. The Legal Basis in the EU Treaty

The European Foundation for the Improvement of Living and Working Conditions (Eurofound) is a European Union body that was set up in 1975 to contribute to the planning and establishment of better living and working conditions. It carries out its role in partnership with governments, employers, trade unions and the European Commission.

Every four years the Foundation prepares a new rolling work programmes. Each year, within the context of this four-year programme, an annual programme of work is prepared.

The Foundation has divided its research programme into three core areas of expertise: working conditions, living conditions and industrial relations. The work programme will also focus efforts on responding to key priorities of the EU social agenda. The four year work programme, for the period of 2009–2012, focuses on three main themes; employment growth and supply of labour in changing labour markets; more and better jobs and higher productivity through partnership; and promotion of social inclusion and sustainable social protection.

2. Main Legislation

1. Regulation 1365/75/EEC of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions

OJ L 139, 30.05.1975, p. 1.

Consolidated version

Amended by:

 Council Regulation 1947/93/EEC of 30 June 1993 amending Regulation 1365/75/EEC on the creation of a European Foundation for the Improvement of Living and Working Conditions

OJ L 181, 23.07.1993, p. 13.

 Council Regulation (EC) No 1649/2003 of 18 June 2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76

OJ L 245, 29.09.2003, p.25 – 27.

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OJ L 236, 23/09/2003 p. 584 – 586.

 Council Regulation (EC) No 1111/2005 of 24 June 2005 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions

OJ L 184, 15/07/2005 p. 1 – 4.

Summary

The Regulation establishes a non-profit making European Foundation for the improvement of living and working conditions through action designed to increase and disseminate knowledge likely to assist this development.

The Foundation deals more specifically with the following issues:

- Man at work - Organization of work and particularly job design - Problems peculiar to certain categories of workers - Long-term aspects of improvement of the environment - Distribution of human activities in space and in time.

The Foundation is managed by an Administrative Board, a director and deputy director, and a Committee of experts. The seat of the Foundation is in Dublin.

3. Pending Proposals

There are no pending proposals under this section.

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İ. PUBLIC HEALTH

1. The Legal Basis in the EC Treaty

Legal Base: Article 168 (ex Article 152 TEC)

The Treaty of Maastricht, in 1993, gave Public Health a legal base to allow Community action in this field in Article 149 (ex Article 129 TEC). Article 168 (ex Article 152 TEC) places public health into the set of Community priorities by stipulating that "a high level of health protection shall be ensured in the definition and implementation of all Union policies and activities", that actions shall not only aim at "improving health and prevent diseases", but shall likewise aim at "obviating sources of danger to human health". However, harmonisation of laws and regulations is not included.

To respond to these new obligations the Commission presented its "Communication on the Framework for Action in the Field of Public Health". Key elements were the establishment of 8 Public Health Programmes (health, communicable diseases, cancer and rare diseases, drug abuse), which together would represent such a framework. The framework included work in other areas as well, in particular a strategy on safety of blood and blood products, reports on health status in the EU, various studies on health priorities, health systems developments and surveys of public opinion, a strategy and legal instruments dealing with tobacco products (e.g. advertising), establishment of a network on the surveillance and control of communicable diseases

This framework has just been overhauled. All the previous decisions and programmes are repealed and replaced by a new decision adopting a programme of Community action in the field of public health.

EU ACQUIS TURKISH LAW

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Directive 2003/33/EC of the European Parliament  Law No: 4207 on The Prevention of Harmful Effects of the and of the Council of 26 Tobacco Products and Their Control (OG No: 22829, Official May 2003 on the Gazette dated 26 November 1996) approximation of the laws,  Law No. 5727 on The Prevention of Harmful Effects of the regulations and Tobacco Products (OG No: 26761 Official Gazette dated 19 administrative provisions January 2008) of the Member States  Regulation on the rules and procedures for protection from relating to the advertising the harmful effects of Tobacco Products and packaging and and sponsorship of inspection Official Gazette dated 06.01.2005 No: 25692 tobacco products (Text  Law No: 5326 on Misdemeanours (OG No: 25772 Official with EEA relevance) Gazette dated 31 March 2005)

2. Main Legislation

1. Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13)

(Text with EEA relevance)

OJ L 301, 20.11.2007, p.3-13.

Summary

This Decision repealed Decision No 1786/2002/EC with effect from 1 January 2008 and established the second programme of ―Community action in the field of health (2008-2013)‖ covering the dates from 1 January 2008 to 31 December 2013.

The main aims of the Programme are to improve citizens‘ health security, to promote health, including the reduction of health inequalities and to generate and disseminate health information and knowledge.

The financial envelope designated for the implementation of the Programme is set at EUR 321.500.000.

Turkey is particularly interested in since this programme is open to its participation.

2. Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products

(Text with EEA relevance)

OJ L 152, 20.06.2003, p.16 – 19

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Summary

There are differences between Member States laws on tobacco advertising and sponsorship. Such advertising in certain cases crosses Member States' borders. Differences in national legislation are likely to give rise to increasing barriers to free movement of goods.

The Directive aims to eliminate these barriers and promote public health, the rules on tobacco advertising need to be approximated. Tobacco advertising is to be limited to those magazines and periodicals which are not intended for the general public such as trade journals and to publications published and printed in third countries, which are not principally intended for the Community market.

Sponsorship is prohibited only for those activities or events with cross-border effects, without regulating sponsorship on a purely national level, which otherwise may be a means of circumventing the restrictions placed on direct forms of advertising.

3. Pending Proposals

There are no pending proposals under this Section.

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J. HEALTH AND SAFETY AT WORK

1. The Legal Basis in the EU Treaty

Articles 151 and 153 (ex Articles 136 and 137 TEC)

The Community policy of health and safety at work is based on Article 153 (ex Article 137 TEC) which states that the Union is to encourage improvements in the working environment in order to protect workers‘ health and safety, through harmonization of conditions. The EU must lay down minimum requirements that the Member States must implement while remaining free to introduce higher protection standards.

Health and safety at work has been a Community concern for long. It was first developed under the ECSC (European Steel and Coal Community) and Euratom Treaties. The programmes were developed in the fields of hygiene and safety in mines, combat of pollution in work places. A Standing Committee on Safety in Coal Mines was adopted as early as 1957. Its scope was extended in 1974 to cover all extraction industries. At this date the Council set up an Advisory committee on Safety, Hygiene and Health Protection at work to help the Commission lay down and implement measures relating to the working environment.

Realizations in the area of health and safety at work were boosted by the Single Act from 1987 on, due to the involvement of the European Parliament in the decision procedure, and due to the introduction of qualified majority at the Council. Directives adopted after 1987 lay down minimum requirements concerning health and safety at work. Moreover, the removal of barriers to trade in the single market provides for the placing on the market of safe products, including machines and personal protective equipment for professional use.

In 1989, the Council adopted a Framework Directive (Directive 89/391/EEC) on the introduction of measures to encourage improvements in the safety and health of workers at the workplace. It aims to ensure a high level of protection of workers through the implementation of preventive measures against accident or occupational diseases. It is based on three principles: the employer‘s general obligation to guarantee the worker‘s health and safety at work by preventing professional risks, by keeping the workers informed and trained. The workers must contribute by using the work facilities correctly and respecting safety instructions. Directives which will later be adopted to lay down minimum requirements in terms of health and safety at work (in workplaces, on temporary and mobile sites, in the mineral-extracting industries, for instance) will be based on the same principles.

Besides the legislation, the Community has set up programmes to consolidate and implement existing legislation, to develop awareness-raising activities. A European Agency for Health and safety at Work, based in Bilbao, is active in collecting and

CPS Corporate & Public Strategy Advisory Group disseminating technical, scientific and economic information; it also supports exchanges of information between Member States.

In the field of health and safety at work, the Community devises strategies for further action to realise its objectives. The recent Community Strategy on health and safety at work 2007-2012 has the objective to realise an overall 25% reduction of occupational accidents and diseases in the EU. The Strategy determines four main areas of action covering both the EU level and the Member States level:

 Developing and simplifying existing legislation on health and safety at work whereby improving its implementation;  Determining and implementing national strategies of the Member States;  Establishing a common path of health and safety at work in other national and European policy areas and forming synergies;  Tackling potential risks in a better way through more research, exchange of knowledge and practical application of results.

EU ACQUIS TURKISH LAW

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Framework By-law on Health and Safety at work Official Gazette dated 9/12/2003 - 25311 (This Framework By-Law was annulled by the decision of Council of State on 16.5.2006 Council Directive – Case No. 2004/1942 and Judgment No. 2006/3007) 89/391/EEC of 12 June  Draft Law Proposal on Health and Safety at Work (In 1989 on the introduction accordance with the National Programme of Turkey for the of measures to encourage Adoption of the EU Acquis, which was published on the improvements in the Official Gazette no 27097 dated 31 December 2008, Turkey safety and health of has committed to enact this legislation by 2009) workers at work  Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)  By law on Health and safety services (Official Gazette 27/11/2010-27768)

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Council Decision 2003/C  Labour Act No 4857 Official Gazette dated 10/6/2003 – 218/01 of 22 July 2003 25134 setting up an Advisory  Health and Safety Committees Regulation Official Gazette Committee on Safety and dated 07/04/2004 – 25426 Health at Work (Text with  By law on Health and safety services (Official Gazette EEA relevance) 27/11/2010-27768)

Council Regulation (EC) No 2062/94 of 18 July 1994 No corresponding legislation establishing a European Agency for Safety and Health at Work

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 89/654/EEC of 30 25134 November 1989  Law No. 5763 on amending Labour Law and Certain Laws concerning the minimum Official Gazette 26/05/2008 - 26887 safety and health  By-law on the Health and Safety Measures to be Taken in the requirements for the Buildings and the Extensions of the Workplace Official workplace (first individual Gazette dated 10/2/2004 - 25369 Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 89/655/EEC of 30 25134 November 1989  Law No. 5763 on amending Labour Law and Certain Laws concerning the minimum Official Gazette 26/05/2008 - 26887 safety and health  By-law on Health and Safety Conditions in Using Work requirements for the use Equipment Official Gazette dated 11/2/2004 - 25370 of work equipment by  Implementing Regulation on the Occupational Health and workers at work (second Safety of Public Officials (In accordance with the National individual Directive within Programme of Turkey for the Adoption of the EU Acquis, the meaning of Article which was published on the Official Gazette no 27097 dated 16(1) of Directive 31 December 2008, Turkey has committed to enact this 89/391/EEC) legislation by 2009)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 89/656/EEC of 30 25134 November 1989 on the  Law No. 5763 on amending Labour Law and Certain Laws minimum health and Official Gazette 26/05/2008 - 26887 safety requirements for  By-law on the Use of Personal Protective Equipments at the the use by workers of Workplace by Workers‖ Official Gazette dated 11/2/2004 - personal protective 25370 equipment at the  Implementing Regulation on the Occupational Health and workplace (third Safety of Public Officials (In accordance with the National individual Directive within Programme of Turkey for the Adoption of the EU Acquis, the meaning of Article 16 which was published on the Official Gazette no 27097 dated (1) of Directive 31 December 2008, Turkey has committed to enact this 89/391/EEC) legislation by 2009) © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 111

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Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 90/269/EEC of 29 May 25134 1990 on the minimum  Law No. 5763 on amending Labour Law and Certain Laws health and safety Official Gazette 26/05/2008 - 26887 requirements for the  By-law for the manual handling of the loads Official Gazette manual handling of loads dated 11/2/2004 - 25370 where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC

 Labour Act No 4857 Official Gazette dated 10/6/2003 – Council Directive 25134 90/270/EEC of 29 May  Law No. 5763 on amending Labour Law and Certain Laws 1990 on the minimum Official Gazette 26/05/2008 - 26887 safety and health  By-law on Health and Safety Measures for Working with requirements for work Display Screen Equipment Official Gazette dated 23/12/2003 with display screen - 25325 equipment (fifth  Implementing Regulation on the Occupational Health and individual Directive within Safety of Public Officials (In accordance with the National the meaning of Article 16 Programme of Turkey for the Adoption of the EU Acquis, (1) of Directive which was published on the Official Gazette no 27097 dated 89/391/EEC) 31 December 2008, Turkey has committed to enact this legislation by 2009)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 92/58/EEC of 24 June 1992 25134 on the minimum  Law No. 5763 on amending Labour Law and Certain Laws requirements for the Official Gazette 26/05/2008 - 26887 provision of safety and/or  By-law on Safety and Health Signs Official Gazette dated health signs at work (ninth 23/12/2003 - 25325 individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 92/85/EEC of 19 October 25134 1992 on the introduction  Law No. 5763 on amending Labour Law and Certain Laws of measures to encourage Official Gazette 26/05/2008 - 26887 improvements in the  Law No. 5510 on Social Insurance and General Health safety and health at work Insurance Law Official Gazette dated 16/06/2006 - 26200 of pregnant workers and  By-law on Working Conditions of Pregnant and Breast- workers who have recently Feeding Women, Breast-Feeding Rooms and Childcare given birth or are Nurseries Gazette dated 14/7/2004 – 25552 breastfeeding (tenth  Law No. 657 on Civil Servants Official Gazette dated individual Directive within 23/07/1965 – 12056 the meaning of Article 16  Law No. 506 on Social Insurance For Workers (to be (1) of Directive replaced by Law No. 5510 on Social Insurance and General 89/391/EEC) Health Insurance Law as from 1 October 2008) © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 112

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 Law No. 5754 on amending Social Insurance and General Health Insurance Law (5510) and, Certain Laws and Decree Laws Official Gazette 08/05/2008 – 26870  By-Law on the Working Conditions of Female Workers at Night Shifts Official Gazette dated 9/8/2004 - 25548

 Labour Act No 4857 Official Gazette dated 10/6/2003 – Council Directive 25134 98/24/EC of 7 April 1998  Law No. 5763 on amending Labour Law and Certain Laws on the protection of the Official Gazette 26/05/2008 - 26887 health and safety of  By-law on the Protection of the Health and Safety Measures workers from the risks from the Risks Related to Chemical Agents at Work Official related to chemical agents Gazette dated 26/12/2003 - 25328 at work (fourteenth individual Directive within  By-law on amending By-law on the Protection of the Health the meaning of Article and Safety Measures from the Risks Related to Chemical 16(1) of Directive Agents at Work Official Gazette dated 19/10/2005 – 25971 89/391/EEC)  By-law on amending By-law on the Protection of the Health and Safety Measures from the Risks Related to Chemical Agents at Work Official Gazette dated 20/03/2008 – 26822

 Labour Act No 4857 Official Gazette dated 10/6/2003 – Commission Directive 25134 91/322/EEC of 29 May  Law No. 5763 on amending Labour Law and Certain Laws 1991 on establishing Official Gazette 26/05/2008 - 26887 indicative limit values by  By-law on the Protection of the Health and Safety Measures implementing Council from the Risks Related to Chemical Agents at Work Directive 80/1107/EEC on published in the OG dated 26.12.2003 - 25328 the protection of workers from the risks related to  By-law on amending By-law on the Protection of the Health exposure to chemical, and Safety Measures from the Risks Related to Chemical physical and biological Agents at Work Official Gazette dated 19/10/2005 – 25971 agents at work  By-law on amending By-law on the Protection of the Health and Safety Measures from the Risks Related to Chemical Agents at Work Official Gazette dated 20/03/2008 – 26822

 Labour Act No 4857 Official Gazette dated 10/6/2003 – Commission Directive 25134 2000/39/EC of 8 June 2000  Law No. 5763 on amending Labour Law and Certain Laws establishing a first list of Official Gazette 26/05/2008 - 26887 indicative occupational  By-law on the Protection of the Health and Safety Measures exposure limit values in from the Risks Related to Chemical Agents at Work implementation of Council published in the OG dated 26.12.2003 - 25328 Directive 98/24/EC on the protection of the health  By-law on amending By-law on the Protection of the Health and safety of workers and Safety Measures from the Risks Related to Chemical from the risks related to Agents at Work Official Gazette dated 19/10/2005 – 25971 chemical agents at work  By-law on amending By-law on the Protection of the Health and Safety Measures from the Risks Related to Chemical Agents at Work Official Gazette dated 20/03/2008 – 26822

Commission Directive  By-law on amending By-law on the Protection of the Health 2006/15/EC of 7 February and Safety Measures from the Risks Related to Chemical 2006 establishing a second Agents at Work Official Gazette dated 20/03/2008 – 26822 list of indicative © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 113

CPS Corporate & Public Strategy Advisory Group occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC

Directive 1999/92/EC of the European Parliament  By-law for the Protection Against Risks of Explosive and of the Council of 16 Atmospheres Official Gazette dated 26.12.2003 - 25328 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2000/54/EC of  By-law for the Protection from Exposure to Biological Agents the European Parliament published in the OG dated 10.06.2004 - 25488 and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC

Directive 2004/37/EC of  By-law on the Protection of Workers from the Risks Related the European Parliament to Exposure to Carcinogen and Mutagen Substances at Work and of the Council of 29 Official Gazette dated 26/12/2003 - 25328 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (codified version) (Text with EEA relevance)

Directive 2002/44/EC of  By-law on Vibration which published in OG dated 23.12.2003 the European Parliament - 25325 and of the Council of 25 © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 114

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June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (Sixteenth individual Directive within the meaning of article 16(1) of Directive 89/391/EEC)

Directive 2003/10/EC of the European Parliament  Labour Act No 4857 Official Gazette dated 10/6/2003 – and of the Council of 6 25134 February 2003 on the  Law No. 5763 on amending Labour Law and Certain Laws minimum health and Official Gazette 26/05/2008 - 26887 safety requirements  By-law for Noise Official Gazette dated 23/12/2003 - 25325 regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2004/40/EC of the European Parliament and of the Council of 29  Implementing Regulation on the Protection of Employees‘ April 2004 on the Health and Safety from the Risks Arising from Exposure to minimum health and Electromagnetic Field (In accordance with the National safety requirements Programme of Turkey for the Adoption of the EU Acquis, regarding the exposure of which was published on the Official Gazette no 27097 dated workers to the risks 31 December 2008, Turkey has committed to enact this arising from physical legislation after 2011) agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the  Implementing Regulation on Optical Radiation (In minimum health and accordance with the National Programme of Turkey for the safety requirements Adoption of the EU Acquis, which was published on the regarding the exposure of Official Gazette no 27097 dated 31 December 2008, Turkey workers to risks arising has committed to enact this legislation after 2011) from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

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Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 83/477/EEC of 19 25134 September 1983 on the  Law No. 5763 on amending Labour Law and Certain Laws protection of workers Official Gazette 26/05/2008 - 26887 from the risks related to  By-law on the Protection of Workers from the Risks Related exposure to asbestos at to Exposure to Carcinogen and Mutagen Substances at Work work (second individual Official Gazette dated 26/12/2003 - 25328 Directive within the  By-law for protection and precautions to risks related to meaning of Article 8 of asbestos Official Gazette dated 26/12/2003 - 25328 Directive 80/1107/EEC)

Council Directive 91/382/EEC of 25 June  Labour Act No 4857 Official Gazette dated 10/6/2003 – 1991 amending Directive 25134 83/477/EEC on the  Law No. 5763 on amending Labour Law and Certain Laws protection of workers Official Gazette 26/05/2008 - 26887 from the risks related to  By-law on the Protection of Workers from the Risks Related exposure to asbestos at to Exposure to Carcinogen and Mutagen Substances at Work work (second individual Official Gazette dated 26/12/2003 - 25328 Directive within the  By-law for protection and precautions to risks related to meaning of Article 8 of asbestos Official Gazette dated 26/12/2003 - 25328 Directive 80/1107/EEC)

Directive 2003/18/EC of the European Parliament  Labour Act No 4857 Official Gazette dated 10/6/2003 – and of the Council of 27 25134 March 2003 amending  Law No. 5763 on amending Labour Law and Certain Laws Council Directive Official Gazette 26/05/2008 - 26887 83/477/EEC on the  By-law on the Protection of Workers from the Risks Related protection of workers to Exposure to Carcinogen and Mutagen Substances at Work from the risks related to Official Gazette dated 26/12/2003 - 25328 exposure to asbestos at  By-law for protection and precautions to risks related to work (Text with EEA asbestos Official Gazette dated 26/12/2003 - 25328 relevance)

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134 Council Directive  Law No. 5763 on amending Labour Law and Certain Laws 91/383/EEC of 25 June Official Gazette 26/05/2008 - 26887 1991 supplementing the  By-law on Health and Safety for Fixed-Term and Temporary measures to encourage Workers Official Gazette dated 15/5/2004 - 25463 improvements in the  Law Amending Certain Laws (In accordance with the safety and health at work National Programme of Turkey for the Adoption of the EU of workers with a fixed- Acquis, which was published on the Official Gazette no duration employment 27097 dated 31 December 2008, Turkey has committed to relationship or a enact this legislation after 2011) temporary employment  Implementing Regulations on the Law Amending Certain relationship Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has commitfted to enact this legislation after 2011)  Implementing Regulation on the Occupational Health and © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 116

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Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)

Decision No 1672/2006/EC  Memorandum of Understanding was signed between the EU of the European and Turkey on Progress Programme. Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — PROGRESS

Regulation (EC) No  No corresponding legislation 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

Regulation (EC) No 1338/2008 of the European  No corresponding legislation Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (Text with EEA relevance)

Directive 2009/148/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – the European Parliament 25134 and of the Council of 30  Law No. 5763 on amending Labour Law and Certain Laws November 2009 on the Official Gazette 26/05/2008 - 26887 protection of workers  By-law on the Protection of Workers from the Risks Related from the risks related to to Exposure to Carcinogen and Mutagen Substances at Work exposure to asbestos at Official Gazette dated 26/12/2003 - 25328 work (Text with EEA  By-law for protection and precautions to risks related to relevance) asbestos Official Gazette dated 26/12/2003 - 25328

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Directive 2009/104/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – The European Parliament 25134 and of The Council of 16  Law No. 5763 on amending Labour Law and Certain Laws September 2009 Official Gazette 26/05/2008 – 26887 concerning the minimum  By-law on Health and Safety Conditions in Using Work safety and health Equipment Official Gazette dated 11/2/2004 - 25370 requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (Text with EEA relevance Commission Directive  By-law on the Protection of the Health and Safety Measures 2009/161/EU of 17 from the Risks Related to Chemical Agents at Work December 2009 published in the OG dated 26.12.2003 - 25328 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC (Text with EEA relevance)

2. Main Legislation

2.1. Horizontal Action

1. Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work

OJ L 183, 29.06.1989, p.1.

Consolidated version

Amended by:

 Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty

O J L 284, 31/10/2003 P. 1 – 53.

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(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24.  Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

OJ L 311, 21.11.2008, p. 1–54

Summary

This Directive introduced a new approach to legislation in the field of health and safety. Instead of detailing a number of technical requirements to be adopted by Member States, this ―framework Directive‖ contains only general principles and lays down minimum standards. The object of the Directive is to introduce measures to encourage improvements in the safety and health of workers at work. Articles 5 to 12 describe the obligations of the employer.

Article 13 (1) addresses the obligations of the workers: ―It shall be the responsibility of each worker to take care as far as possible of his own safety and health and that of other persons affected by his acts or omissions at work in accordance with his training and the instructions given by his employer‖. Article 13 (2) gives some detail concerning those responsibilities. Workers must make correct use of machinery, apparatus or personal protective equipment supplied to them and should not disconnect, change or remove arbitrarily safety devices fitted for example to machinery or apparatus. Workers have also the obligation to immediately inform the employer of any work situation they believe constitute a serious and immediate danger to safety and health.

The amended Article 17 of the Directive is a technical adjustment rather than the content, which is related with the Commission‘s exercise of powers. In that context, rather than assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission, the Commission shall be assisted by a committee only.

The Directive 2007/30 EC brings an additional provision to Article 17, which foresees the submission of an implementation report by the Member States every five years. The same Directive also repeals the 3rd and 4th paragraphs of Article 18.

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Regulation (EC) No 1137/2008 rearranges the procedure for technical amendments in Article 17 of this Directive in accordance with the changes in Council Decision 1999/468/EC.

2. Council Decision 2003/C 218/01 of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work

(Text with EEA relevance)

OJ C 218, 13.9.2003, p. 1–4.

With the Decision, an Advisory Committee for Safety and Health at Work was set up. The Committee has the task of assisting the Commission in the preparation, implementation and evaluation of activities in the fields of safety and health at work. This task covers the public sector as well as the private sector of the economy. The Committee is in the position to reflect on the existing problems in the matters of occupational health and safety and to help devising measures and legal instruments to address those issues.

3. Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work

OJ L 216, 20.8.1994, p. 1–8.

Consolidated version

Amended by:

 Council Regulation (EC) No 1643/95 of 29 June 1995 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work

OJ L 156, 7.7.1995, p. 1–2

OJ L 236, 23.9.2003, p. 584–586

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 Council Regulation (EC) No 1654/2003 of 18 June 2003 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work

OJ L 245, 29.9.2003, p. 38–40

 Council Regulation (EC) No 1112/2005 of 24 June 2005 amending Regulation (EC) No 2062/94 establishing a European Agency for Safety and Health at Work

OJ L 184, 15/06/2005, p. 5

Summary

The Regulation establishes a European Agency for Safety and Health at Work to support the EU's Strategy on health and safety at work. Its role is providing the Commission with data in order to help it carry out its obligations, raising awareness on health and safety at work, risk anticipation, supporting SME's and preparing an annual "European week on health and safety".

With the enlargement in May 2004, the Agency‘s Administrative Board composed of national government and employer organisation, and three representatives of the Commission, grew from 45 members to 78. In that context, in order for the Agency to continue operating effectively and flexibly, amendment to this Regulation has been adopted.

The Regulation calls for developing better links with the Community's strategy on health and safety at work, strengthening the Agency's data analysis, focusing more on the needs of SME's providing more accessible and comprehensive information for end users, reinforcing co-operation with other Community bodies in the sphere of social policy.

4. Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work

(Text with EEA relevance)

OJ L 354, 31.12.2008, p. 70–81

Summary

The regulation establishes a common framework for the Community statistics on public health and health and safety at work. In this respect, all the activities regarding the Community statistics on public health and health and safety at work will be conducted by European Statistical System. The proposal also defines the general principles for data collection on health status and health determinants, health care,

CPS Corporate & Public Strategy Advisory Group causes of death, accidents at work as well as occupational diseases and other work- related health problems and illnesses.

5. Commission Regulation (EU) No 349/2011 of 11 April 2011 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on Community statistics on public health and health and safety at work, as regards statistics on accidents at work

The Regulation on Community statistics on public health and health and safety at work as regards statistics on accidents at work lays down provisions regarding the transmission of micro and metadata on accidents at work, to the Commission by the Member States. The list of variables to be transmitted as well as the compulsory or optional status of the variable and the first year for data transmission are set out in Annex I. Annex II lists the professions subject to confidentiality for delivery on a voluntary basis and Annex III defines the content of the metadata to be transmitted by the Member States.

6. Commission Regulation (EU) No 328/2011 of 5 April 2011 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on Community statistics on public health and health and safety at work, as regards statistics on causes of death

The Regulation on Community statistics on public health and health and safety at work as regards statistics on causes of death lays down provisions regarding the transmission of the data on all registered deaths and stillbirths, distinguishing residents and non-residents, to the Commission, by the Member States. The list of variables to be transmitted is set out in Annex I.

2.2. Individual Directives in line with the Framework Directive

2.2.1 The minimum health and safety at work requirements: workplaces

1. Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

OJ L 393, 30.12.1989, p. 1-12.

Consolidated version

Amended by:

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(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24 Summary

This Directive establishes minimum requirements for safety and health in workplaces. However, it does not extend to workplaces of the following kind:

 means of transport used outside the undertaking/establishment, or workplaces inside means of transport;  temporary or mobile work sites;  extractive industries;  fishing boats;  Fields, woods, lands part of an agricultural undertaking and located away from the undertaking‘s buildings.

The Directive lays down the following general requirements:

 In workplaces, traffic routes to emergency exits and the exits themselves must be kept clear at all times.  Regular technical maintenance of equipment, devices, and safety equipment must be carried out.  The workplace, the equipment and the devices must be kept cleaned to an adequate level of hygiene.

Workers must be informed on measures taken concerning safety and health at workplace.

The Directive also lays down in two annexes more specific requirements for workplaces used for the first time, and work places already in use, as regards structure of the building, working environment, physical comfort, and provision of facilities.

Article 10 (3) and (4) of this directive were repealed by Directive 2007/30/EC.

2.2.2 The equipment used at work

1. Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 393, 30.12.1989, p.13.

Consolidated version

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 Council Directive 95/63/EC of 5 December 1995 amending Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC

OJ L 335, 30.12.1995, p.28.

 Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 195, 19.7.2001, p. 46.

(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24.

Summary

This Directive lays down minimum requirements for the use of work equipment by workers at work.

Work equipment in an undertaking must be suitable for the work to be carried out, and may be properly used by workers without impairment to their safety and health.

It must be subject to adequate maintenance. The annexes of the Directive set out minimum requirements of safety to be reached by work equipment, as well as for the use of such equipment.

Work equipment is subject to inspection after installation, before being put into service, then on a regular basis. Deteriorations detected must be repaired in good time.

Workers must be informed about the work equipment they use, safety and health information. They must also be made aware of dangers relevant to them. They must also receive adequate training.

Article 10 (3) and (4) of this Directive were repealed by Directive 2007/30/EC.

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The Directive concerning the minimum safety and health requirements for the use of work equipment by workers at work was repealed by the Directive 2009/104/EC on 22/10/2009.

2. Directive 2009/104/EC of The European Parliament and of The Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

(Text with EEA relevance)

OJ L 260, 3.10.2009, p. 5–19

(Codified version)

Summary

This Directive is the second individual directive within the meaning of Article 16(1) of Directive 89/391/EEC which sets minimum safety and health requirements for the use of work equipment by workers at work.

The employer who provides the work equipments to workers in the undertaking or establishment will be responsible of periodic and special inspections of work equipments.

In addition to this, informing workers on the work equipment used at work, safety and health information is the duty of the employer. The employer will have to present information and the written instructions concerning the conditions of use of work equipment, foreseeable abnormal situations, and the conclusions to be drawn from experience, where appropriate, in using work equipment. Moreover, the employer will have to warn the workers about dangers relevant to them, work equipment present in the work area or site, and any changes affecting them, in as much as they affect work equipment situated in their immediate work area or site, even if they do not use such equipment directly. Lastly the employers will be in charge of the adequate training including training on any risks of the workers regarding the use of the work equipments.

2.2.3 The personal protective equipment used at work

1. Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

OJ L 393, 30.12.1989, p. 18-28.

Consolidated version

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Amended by:

(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24. Summary

This Directive lays down minimum requirements for personal protective equipment used by workers at work. Personal protective equipment refers to all equipment designed to be worn or held by the worker to protect him against any hazards likely to endanger his safety and health at work.

Personal protective equipment must be used when the risks cannot be avoided or sufficiently limited by technical means of collective protection or by measures, methods or procedures of work organization. It must comply with the relevant Community provisions on design and manufacture with respect to safety and health.

Such an equipment must be provided free of charge by the employer who must ensure its good working order and good hygienic condition. Member States may provide that the worker be asked to contribute towards the cost of certain personal protective equipment in circumstances where use of the equipment is not exclusive to the workplace.

Workers must be informed of all measures taken with regards the use of personal protective equipment, of the risks against which they are wearing such equipment, and they must be trained in the respect.

The Annexes of the Directive contain a specimen risk survey (Annex I), a non- exhaustive guide of items of personal protective equipment (Annex II), non- exhaustive guide of items of activities and sectors that may require the use of personal protective equipment (Annex III).

Article 10 (3) and (4) of this directive were repealed by Directive 2007/30/EC.

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2.2.4 The manual handling of loads

1. Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

OJ L 156, 21.06.1990, p. 9-13.

Consolidated version

Amended by:

(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24.

Summary

This Directive lays down minimum requirements for the manual handling of loads where there is a risk particularly of back injuries to workers.

The employer must take appropriate measures, in particular the use of mechanical equipment, in order to avoid manual handling of loads by workers.

Where manual handling of loads by workers cannot be avoided, the employer must take the appropriate measures to reduce the risk involved in the manual handling of such loads, having regarded to Annex I. The employer shall also organize workstations in such a way as to make such handling as safe and healthy as possible.

Workers must receive adequate information and training.

Article 9 (3) and (4) of this directive were repealed by Directive 2007/30/EC.

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2.2.5 The use of display screen equipment at work

1. Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

OJ L 156, 21.06.1990, p. 14-18.

Consolidated version

Amended by:

(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24.

Summary

This Directive lays down minimum safety and health requirements for work with display screen equipment. It does not apply to:

 computer systems on board means of transport;  computer system intended mainly for public use;  ―portable‖ systems not in prolonged use at a workstation;  calculators, cash registers, typewriters.

The Directive imposes 5 obligations on employers:

 Analysis of the work stations to evaluate the health and safety conditions affecting their workers, in particular as regards risks related to eyesight, physical problem and mental stress;  Workstations must comply with minimum requirements set out in the Annex of the text which provides a detailed description of the equipment used, the working environment, and the necessity of software suitable for the task to be performed.  The employees must receive training on the use of the workstation before starting work and later when the organization of the workstation is substantially modified.  The employers must keep themselves of the latest technological advances so that they can make necessary changes to guarantee better levels of health and safety. © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 128

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 Daily work on a screen must be periodically interrupted by breaks or changes of activities.

Workers are entitled to eye and eyesight test before commencing work, on a regular basis thereafter, and whenever they experience visual difficulties that may be linked to display screen work.

Article 11 (3) and (4) of this directive were repealed by Directive 2007/30/EC.

2.2.6 The safety and health signs at work

1. Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

OJ L 245, 26.08.1992, p. 23.

Consolidated version

Amended by:

(Text with EEA relevance) OJ L 165, 27.6.2007, p. 21–24.

Summary

The Directive lays down minimum requirements for the provision of safety and/or health signs at work. It does not apply to the placing on the market of dangerous substances and preparations, products and/or equipments, nor does it apply to signs used in regulating road, rail, inland waterway, sea or air transport.

Safety and/or health signs means signs referring to a specific object, activity or situation and providing information or instructions about safety/health at work by means of a signboard, a colour, an illuminated sign or acoustic signal, a verbal communication or a hand signal.

Employers must provide safety and/or health signs where hazards cannot be avoided or adequately reduced by techniques for collective protection or measures, methods or procedures used in the organization of work, or ensure that such signs are in place.

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Workers must be given suitable instruction, in particular in the form of specific directions concerning these signs.

In its nine annexes the Directive details general requirements regarding safety and/or health at work, minimum requirements concerning signboards, signs on containers and pipes, for the identification and location of fire-fighting equipment, for signs used for obstacles and dangerous locations and the marking of traffic routes, for illuminated signs, for acoustic signs, for verbal communication, and for hand signals.

Article 11 (4) and (5) of this directive were repealed by Directive 2007/30/EC.

2.2.7 Pregnant and workers

1. 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)

OJ L 348, 28.11.1992, p. 1–8.

Consolidated version

Amended by

OJ L 165, 27.6.2007, p. 21–24.

Related to health and safety at work issues, pregnant workers and workers who have recently given birth form the target group of this Directive. In order for the provisions of this Directive to be applicable for this target group, they shall notify their employers of their situation according the legal provisions and national practices.

Under the terms of the Directive, the European Commission through the consultation with the Member States and with the support of European Advisory Committee on Safety, Hygiene and Health Protection at Work has to prepare Guidelines on the assessment of the chemical, physical and biological agents and industrial processes considered hazardous for the safety or health of workers. The employers must assess the nature, degree and duration of exposure in their workplaces for the working activities involving a risk of exposure to the agents, processes or working conditions of which a non-exhaustive list is given in Annex I of this Directive so as to evaluate

CPS Corporate & Public Strategy Advisory Group the risks to health and safety and any potential impact on the pregnancies or breastfeeding of workers as well as to take necessary measures.

If a special risk is detected for this category of workers, the working conditions or working hours must be organized to avoid such risks. In case that the adjustment of the worker‘s working hours or conditions is not possible from the technical point of view, the employer has to take all necessary measures to move the worker for another duty.

In this context, the Member States are under the obligation to take all necessary measures to guarantee that workers are not obliged to perform night work during their pregnancy and for a period following childbirth which is determined by national competent authority on safety and health.

The Directive stipulates that Member States must take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 14 weeks (before and after confinement)

Annexes of the Directive contains non-exhaustive list of agents, processes and working conditions.

Article 14 (4), (5) and (6) of this directive were repealed by Directive 2007/30/EC.

2.2.8 Chemical Agents

1. Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 131, 05.05.1998, p. 11-23.

Consolidated version

Amended by:

OJ L 236, 23/09/2003 p. 910 – 911.

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This Directive which lays down minimum requirements to protect the health and safety of workers from risks deriving from chemical agents at work repealed the Council Directive 80/1107/EEC of 27 November 1980 on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work. However, the following Directives establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work were placed under the framework of the new Council Directive 98/24/EC:

 Commission Directive 91/322/EEC (the first list of indicative limit values) and  Commission Directive 96/64/EC (the second list of indicative limit values).

Under the terms of the Council Directive 98/24/EC, the employer must determine the presence of hazardous chemical agents at work in the meaning of

 Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and  Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (this legislation was replaced by Directive 1999/45/EC of 31 May 1999).

Annex II provides binding biological limit values and health surveillance measures.

The employer must apply necessary preventive measures set out in Directive 89/391/EEC and include the measures set out in this Directive in its Article 6. He must try to reduce or eliminate risks from a hazardous chemical agent.

Workers must receive adequate information and training as regards their work with hazardous chemical agents.

Workers at risk must receive appropriate health surveillance. They must be then subject to a record that will be kept up to date. The worker can, at his request, access his medical file.

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Where health surveillance reveals negative consequences of exposure to hazardous chemical agents, the employer must, in particular, review the risk assessment and the measures provided to eliminate or reduce risks.

The application of this Directive in Slovenia is deferred until 31/12/2005. However, from the date of accession (May 2004), until the end of the above period, Slovenia will continue to provide the Commission with regularly updated information on the timetable and the measures taken to ensure compliance with the Directive.

Article 15 of this Directive was repealed by Directive 2007/30/EC.

2. Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work

OJ L 177, 5.7.1991, p. 22–24.

Consolidated version

Amended by:

 Commission Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC

(Text with EEA relevance)

OJ L 38, 9.2.2006, p. 36–39.

Summary

The Directive establishes a list of indicative limit values that Member States shall take into account when establishing limit values referred to in Directive 80/1107/EEC (now repealed and replaced by Directive 98/24).

The Directive is amended by Directive 2006/15/EC which deletes from the Annex of Directive 91/322/EEC references to 17 substances and adds them to its Annex. After the amendment, a list of 10 chemical agents and their indicative limits remain in the Annex.

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3. Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work

(Text with EEA relevance)

OJ L 142, 16.06.2000, p. 47.

Consolidated version

Amended by:

OJ L 236, 23/09/2003 p. 910 – 911.

OJ L 38, 9.2.2006, p. 36–39.

 Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC

(Text with EEA relevance)

OJ L 338, 19.12.2009, p. 87–89

Summary

The Directive repeals Directive 96/94/EC. In its Annex the Directive establishes a list of indicative occupational exposure limit values for 62 chemical agents at work.

On the basis of these values, Members States must establish national limit values for the chemicals listed.

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Commission Directive 2009/161/EU, announces a third list of Community indicative occupational exposure limit values for the chemical agents listed in the Annex. According to this Directive, Member States shall take national occupational exposure limit values for the chemical agents listed in the Annex, considering the Community values. The Annex to Directive 2000/39/EC deletes the reference to phenol. Member States shall make efforts to align their national legislations in line with the provisions of this Directive by 18 December 2011 at the latest.

4. Commission Directive 2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC

OJ L 38, 9.2.2006, p. 36–39.

Summary

The Directive establishes with the Annex a second list of indicative occupational exposure limit values for the implementation of Directive 98/24/EC. On the basis of these values, Members States must establish national limit values for the chemicals listed.

The Directive deletes 17 substances from the Annex of Directive 91/322/EEC and deletes 1 substance from the Annex of Directive 2000/39/EC.

Member States are required to bring into force the laws, regulations and administrative provisions to comply with this Directive by 29 August 2007 at the latest.

5. Commission Directive 2009/161/EU of 17 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC

(Text with EEA relevance)

OJ L 338, 19.12.2009, p. 87–89

Summary

This Commission Directive presents a third list of indicative occupational exposure limit values on the protection of the health and safety of workers from the risks related to chemical agents at work. As a result the Member States will establish national occupational exposure limit values for the chemical agents listed in the Annex of this

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Directive while taking Community values into consideration. It should also be signified that the reference to phenol noted in the Annex to Directive 2000/39/EC has been deleted.

This Directive which entered into force in 08/01/2010 obligate Member States to adopt necessary laws, regulations and administrative provisions to comply with this Directive by 18 December 2011 at the latest.

2.2.9 Explosive Atmospheres

1. Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 23, 28.01.2000, p. 57-64.

Consolidated version

Amended by:  Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89/391/EEC, its individual Directives and Council Directives 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to simplifying and rationalising the reports on practical implementation OJ L 165, 27.6.2007, p. 21–24. Summary

This Directive lays does not apply to:

 areas used directly for and during the medical treatment of patients;  the use of appliances burning gaseous fuels in accordance with Directive 90/396/EEC;  the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;  mineral-extracting industries covered by Directive 92/91/EEC or Directive 92/104/EEC  means of transport not intended for use in a potentially explosive atmosphere.

The employers have got the obligation to prevent the formation of explosive atmospheres, and to assess where a risk may arise. This assessment exercise gives rise to an ―explosion protection document‖. He will classify places where explosive atmosphere may occur into zones in accordance with Annex I.

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In case of explosive atmospheres, the employers must ensure that work can be safely. The employers must ensure that the minimum requirements laid down in Annex II are applied to those places.

Annex II of the Directive lays down minimum requirements that work equipment where for use where explosive atmospheres may occur must follow.

Annex III shows signs that entry points of such work places must carry.

The Commission must draw up guidelines in a guide of good practice of a non- binding nature.

Article 13(3) of this Directive was repealed by Directive 2007/30/EC.

2.2.10 Biological Agents

2. Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC

OJ L 262, 17.10.2000, p. 21.

Amended by:

OJ L 236, 23.09.2003 p. 910 – 911.

Summary

This Directive applies to activities in which workers are or are potentially exposed to biological agents as a result of their work.

Prior notification to the competent authorities will be made by an undertaking for the use for the first time of group 2, 3 and 4 biological agents.

If an activity is likely to involve a risk of exposure to biological agents, the worker‘s exposure and risks connected to it must be determined. Assessment by the employer must be made on a regular basis and when there occur a change in the conditions of

CPS Corporate & Public Strategy Advisory Group exposure to biological agents. The results of this assessment are supplied by the employer to the competent authorities.

The employer must avoid the use of harmful biological agent if the nature of the activity so allows. He has got the obligation to reduce the level of risk of exposure to the lowest possible level, in particular by following the measures laid down in Article 6 of the Directive.

The employer must also ensure the protection of hygiene and individual protection of the workers. For instance, it will be forbidden to eat or drink in working areas where there exist a risk of contamination by biological agents; workers must be provided with appropriate protective clothing.

Workers must be properly informed about exposure to biological agents. Training must be given to workers in contact with biological agents, prior to the first contact with chemicals, on a repeated basis, and when new risks occur.

Employers must make a list of workers exposed to group 3 or 4 biological agents, 10 years, or in cases of infections, 40 years. Health surveillance will be provided on a regular basis to the workers, and the medical record will be kept like the lists.

The application of this Directive in Slovenia was deferred till 31/12/2005. However, from the date of accession (May 2004), until the end of the above period, Slovenia continued to provide the Commission with regularly updated information on the timetable and the measures taken to ensure compliance with the Directive.

2.2.11 Carcinogens and mutagens

1. Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC)

(codified version)

(Text with EEA relevance)

OJ L 158, 30.04.2004 p. 50 – 76.

Summary

This Directive repeals Council Directive 90/394/EEC of 28 June 1990 on the protection of workers form the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). It lays down minimum requirements including limit values with the aim to protect workers against risks to their health and safety arising from exposure to carcinogens

CPS Corporate & Public Strategy Advisory Group or mutagens at work. It does not apply to workers exposed only to radiations covered by the EAEC (European Atomic Energy Community) Treaty.

The definition of ―carcinogen‖ and ―mutagens‖ used in the Directive refers to criteria set out in Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and in Directive 88/379/EEC of 7 June 1988 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (replaced by Directive 1999/45/EC16 of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations).

The employer must reduce the use of carcinogens or mutagens at the place of work as much as possible. If it is technically possible, the employer can replace the unhealthy substance by a substance that is not dangerous or is less dangerous to workers'. Otherwise, the employer shall ensure that the carcinogen or mutagen is manufactured and used in a closed system. When keeping the substances in a closed system is not possible either, than the employer should keep the carcinogen or mutagen levels as low as possible.

Exposure to carcinogens or mutagens must not exceed limit values set out in Annex III.

The Directive provides a set of measures the employer must follow wherever a carcinogen or mutagen is used, such as keeping as low as possible the number of workers exposed, or application of suitable working procedures and methods. Rules of hygiene and individual protection must also be followed. Workers must receive appropriate information and training. The training must take account of new or changed risk; and repeated periodically if necessary.

In case of a risk to exposure of workers to carcinogens or mutagens, the nature, degree and duration of the exposure must be assessed. The assessment must be renewed regularly and when a change occurs in the conditions of exposure. The assessment must take into consideration all routes of exposures, such as absorption into and/or through the skin. Where the assessment reveals a risk to workers‘ health or safety, the employers must, when requested, make available to the competent authorities, information on the exposures and preventive measures taken.

The Directive also includes the event of an unforeseeable event or an accident under which the employers are exposure to carcinogens or mutagens. If so, the employer should inform the workers and unprotected workers can not be allowed to work in the affected area.

16 Directive 67/548/EEC and Directive 1999/45/EC will be replaced on 31 May 2015 by Regulation (EC) No 1272/2008 of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 139

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Member States must establish arrangements for the carrying out of relevant health surveillance of workers exposed to carcinogens or mutagens, which must be able to undergo health surveillance prior to exposure and at regular intervals thereafter. In cases where health surveillance is carried out, an individual medical record must be kept and the doctor responsible for health surveillance proposes any protective or preventive measures to be taken in respect of any individual workers.

The employer must keep an up-to-date list of workers exposed to carcinogens or mutagens with data on their exposure. Both the list and the medical record must be kept for at least 40 years following the end of exposure.

2.2.12 Physical Agents

1. Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (Sixteenth individual Directive within the meaning of article 16(1) of Directive 89/391/EEC)

OJ L 177, 06.07.2002, p. 13.

Consolidated version

Amended by:

OJ L 311, 21.11.2008, p. 1–54

CPS Corporate & Public Strategy Advisory Group

Summary

The Directive lays down minimum requirements for the protection of workers from risks arising or likely to arise from exposure to mechanical vibration during their work.

For hand-arm vibration:

 the daily exposure limit value standardised to an eight-hour reference period shall be 5 m/s2;  the daily exposure action value standardised to an eight-hour reference period shall be 2,5 m/s2.

For whole-body vibration:

 the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/ s1,75;  the daily exposure action value standardised to an eight hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 9,1 m/s1,75.

The employer must assess or measure the levels of mechanical vibration to which workers are exposed according to specifications given in the Directive and its annex. On this basis the employer shall take appropriate measures to avoid or reduce exposure to vibration. Workers exposed to vibration and/ or their representatives must receive information and training relating to the outcome of the risk assessment.

With reference to the outcome of risk assessment, workers will be subject to health surveillance. In case a worker is found to have an identifiable disease or health effect linked to his exposure to vibration, he must be informed. The employer must in particular review the measures provided for the elimination or reduction of risks.

Article 13 of this directive was repealed by Directive 2007/30/EC.

Regulation (EC) No 1137/2008 rearranges the procedure for technical amendments in Article 11 of this Directive in accordance with the changes in Council Decision 1999/468/EC.

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2. Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 042, 15.02.2003, p. 38 – 44.

Consolidated version

Amended by:

OJ L 311, 21.11.2008, p. 1–54

Summary

The Directive repeals Council Directive 86/188/EEC of 12 May 1986 on the protection of workers from the risks related to exposure to noise at work as of 15 February 2006.

The new Directive provides a formula to calculate the daily and weekly personal noise exposure of a worker. This formula will be used in the assessment carried out in order to identify both the workers and work places to which this Directive applies. More precisely, employers shall access and if necessary measure the level of noise to which workers are exposed, giving particular attention to the level, type and duration of exposure and any effects concerning the health and safety of workers belonging to particularly sensitive risk groups. The data obtained from the assessment shall be preserved to permit consultation at a later stage. Besides, the risk assessment shall be kept up-to-date.

If the risk cannot be preserved by another means, appropriate, properly fitting individual hearing protectors shall be made available to workers and used by them.

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Employer is also responsible for checking the effectiveness of this point and must give workers all the information and training related to the risks.

When the limitation of exposure is exceeded, employers take immediate action to reduce the exposure and amend the protection and prevention measures in order to avoid any recurrence.

Lastly, workers shall consult doctors regularly to provide early diagnosis of any loss of hearing due to noise. Reports relating to individual health are kept up-to-date as well. They can be consulted at a later stage, taking into account any confidentiality.

Article 16 of this directive was repealed by Directive 2007/30EC.

Regulation (EC) No 1137/2008 rearranges the procedure for technical amendments in Article 12 of this Directive in accordance with the changes in Council Decision 1999/468/EC.

3. Directive 2004/40/EC of the European Parliament and of the Council of 29 April 2004 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 159, 30.4.2004, p. 1–26.

Consolidated version

Amended by:

(Text with EEA relevance)

OJ L 165, 27.6.2007, p. 21–24.

 Directive 2008/46/EC of the European Parliament and of the Council of 23 April 2008 amending Directive 2004/40/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 114, 26.4.2008, p. 88–89.

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 Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

OJ L 311, 21.11.2008, p. 1–54

Summary

The Directive presents measures in order to protect workers from the risks related to electromagnetic fields.

The Directive lays down two different types for exposure of workers:

 Exposure limit values: These values are defined in Table 1 of the Annex based on various frequencies recognised as creating harmful effects on cardiovascular system/the central nervous system or capable of creating body heat stress or localised heating of tissues,

 Action values: These values represent values above which employers must take measures as stated in this Directive.

The Directive sets out several obligations for the employers such as exposure determination and risk assessments, design of provisions to reduce or avoid risks, training and informing of the workers.

Article 12 of this Directive was repealed by Directive 2007/30EC.

The amending Directive 2008/46/EC extends the compliance date of the Member States till 30 April 2012.

Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapts a list of instruments its Annex which is in accordance with Annex to Decision 1999/468/EC, as amended by Decision 2006/512/EC.

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4. Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

OJ L 114, 27.4.2006, p. 38–59.

Consolidated version

Amended by:

(Text with EEA relevance)

OJ L 165, 27.6.2007, p. 21–24.

OJ L 311, 21.11.2008, p. 1–54

Summary

The purpose of the Directive on artificial optic radiation is to introduce measures and minimum requirements to protect workers from the health and safety risks involved in optical radiation while working. The Directive is applicable to the health and safety risks due to the undesirable effects caused by exposure to artificial optic radiation to the eyes and to the skin.

The Directive defines optical radiation as ―any electromagnetic radiation in the wavelength range between 100nm and 1 mm. The spectrum of optical radiation is divided into ultraviolet radiation, visible radiation and infrared radiation.‖

On the other hand laser radiation is defined as ―optical radiation from a laser (any devise which can be made to produce or amplify electromagnetic radiation in the optical radiation wavelength range primarily by the process of controlled stimulated emission‖.

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The responsibilities of the employer under the terms of this Directive are:

 Detecting the exposure and conducting an risk analysis;  Eliminating or reducing to the minimum of the risks associated with artifical optical radiation exposure.  Information to and training of workers.

The Annex I of the Directive presents non-coherent optical radiation while Annex II shows exposure values to optical radiation.

Regulation (EC) No 1137/2008 rearranges the procedure for technical amendments in Article 10 (2), 11 (2) and (3) of this Directive in accordance with the changes in Council Decision 1999/468/EC.

2.3. Legislation on Asbestos

1. Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work

(Text with EEA relevance)

OJ L 330, 16.12.2009, p. 28–36

This Directive repeals Council Directive 83/477/EEC of 19 September 1983 which has been substantially amended several times on the protection of workers from the risks related to exposure to asbestos at work in order to codify this Directive more clear and rational from 05/01/2010.

This Directive aims to protect workers exposed to asbestos by providing that the levels of concentrations of asbestos to which workers are exposed are reduced to the lowest possible levels. Article 8 sets up limit values that must not be exceeded. Annex I provides a reference method to measure asbestos in the air at places of work.

Measurements must be made at least every three months and whenever a technical change is introduced. The frequency may be reduced to once a year if the results of the two preceding measurements have not exceeding half of the limit values fixed in the Directive.

When the limit values are exceeded, work must stop in the area concerned and adequate measures are taken. When the limit values are not practicable, workers must be given suitable equipment.

Workers must be informed of the risks they face in performing their work, of legal requirements, in particular in terms of limit values of asbestos in the air, precaution to be taken as regards the wearing of their equipment. They must have access to the asbestos measurements.

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As assessment of each worker‘s state of health must be made prior to exposure to asbestos, and new assessments must be made at least once every three years for as long as the exposure continues. It must include a specific examination of the chest. Annex II gives recommendations to which Member States must refer for the clinical surveillance of workers.

Employers must keep a register of workers exposed to asbestos. This register and the medical record of the workers must be kept for at least 30 years following the end of the exposure. Workers have access to their medical files.

Member States keep a register of recognized cases of asbestosis and mesothelioma.

Activities exposing workers to asbestos must be notified to competent authorities of the relevant Member State.

ANNEX II Part B of this Directive lays out the list of limits for transposition into national law.

2.4. Legislation of workers with fixed duration employment relationship or a temporary relationship

1. Council Directive 91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed- duration employment relationship or a temporary employment relationship

OJ L 206, 29.07.1991, p.19-21.

Consolidated version

Amended by:

(Text with EEA relevance)

OJ L 165, 27.6.2007, p. 21–24.

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Summary

This Directive extends the scope of Directives on health and safety at work to workers with a fixed-duration contract or temporary contract. Such workers must benefit from the same level of health and safety as other workers of an enterprise.

The Directive establishes minimum rules that the Member States are free to improve.

Such workers must be informed of the risk their job might present, and they must receive appropriate training to perform a job. The company must provide beforehand a description of the qualification required and the specific features of the job.

The Member States may prohibit the use of such workers for works particularly dangerous to health and safety. If this prohibition does not apply, then the workers must be subject to the appropriate medical surveillance. The Member States may decide that this surveillance shall extend beyond the end of the employment relationship.

The amendment brings an additional provision to Article 10. In this respect, every five years, Member States are obliged to submit a report on the practical implementation of this directive. In addition, the amendment also repeals the Article 10 (3) and (4) of the Directive.

3. Pending Proposals

1. Amended Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work

(Codified Version)

COM/2009/0071 final

(Transmitted to the European Parliament on 18 February 2009. EESC conveyed opinion on 10 June 2009.)

Summary

With the aim of simplifying the community legislation, on 1 April 1987, the Commission has decided to codify all the legislative acts with no more than ten amendments. In this respect, the Proposal consolidates the Directive 83/477EEC and the instruments amending it. The proposed Directive shall not bring any change to the content of the legislation in question except the necessary amendments for the codification. The proposal which was codified in 2009 lays out the formal or editorial changes proposed by the Consultative Working Party of the legal services of the European Commission.

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2. Proposal for a Directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances

(COM/2010/0781 final) (Discussions held in the Council on 21 June 2011)

The proposal aims to revise Directive 96/82/EC on the control of major-accident hazards involving large quantities of dangerous substances, the so-called Seveso II Directive. The revision aims at aligning the Directive provisions to the amendments in CLP Regulation on the classification of dangerous substances and improving certain provisions in order to ensure better, more consistent implementation and enforcement. In addition, it intends to simplify legislation and reduce administrative burdens.

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K. FREE MOVEMENT OF WORKERS

1. The Legal Basis in the EU Treaty

Legal basis: Article 48 (ex Article 42 TEC)

Article 12 of the Association Agreement that Turkey concluded with the EU in 1963 and Article 36 of the Additional Protocol of 1970 envisage that the free movement of workers should be provided gradually between Turkey and the EU Member States. Article 6 to 18 of the Council Decision 1/80 from 1980 introduces provisions on employment and free movement of workers. Moreover, the Recommendation Decision annexed to the Customs Union decision 1/95 of 1995 states that a continuous dialogue will be formed as concerns the Turkish workers legally residing in the EU Member States.

EU ACQUIS TURKISH LAW

Regulation 1612/68/EEC No corresponding legislation of the Council of 15 October 1968 on freedom of movement for workers within the Community

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Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing No corresponding legislation Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State (Text with EEA relevance) 2003/8/EC: Commission Decision of 23 December 2002 implementing No corresponding legislation Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment repealing the Commission Decision 93/569/EEC of 22 October 1993 on the implementing of Council Regulation 1612/68/EEC on freedom of movement for workers within the Community as regards, in particular, a network entitled Eures (European Employment Services) Directive 2005/36/EC of the European Parliament No corresponding legislation and of the Council of 7 September 2005 on the recognition of professional qualifications

Council Directive No corresponding legislation 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment

Regulation (EU) No No corresponding legislation 492/2011 of the European Parliament and the Council of 5 April 2011on freedom of movement for the workers within the Union

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2. Main Legislation

1. Regulation 1612/68/EEC of the Council of 15 October 1968 on freedom of movement for workers within the Community

OJ L 257, 19.10.1968, p. 2.

Consolidated version

Amended by:

 Council Regulation 312/76/EEC of 9 February 1976 amending the provisions relating to the trade union rights of workers contained in Regulation 612/68/EEC on freedom of movement for workers within the Community

OJ L 39, 14.02.1976, p.2-2.

 Council Regulation 2434/92/EEC of 27 July 1992 amending Part II of Regulation 1612/68/EEC on freedom of movement for workers within the Community

OJ L 245, 26.08.1992, p. 1-2.

 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

(Text with EEA relevance)

O J L 158, 30.04.2004 p. 77 – 123.

Summary

The Regulation stipulates that every national of a Member State is entitled to take up and pursue in gainful employment on the territory of another Member State in accordance with the relevant regulations applicable to national workers. The person is entitled to the same priority as the nationals of that Member State as regards access to available employment as well as to the same assistance as that afforded by the employment offices in that State to their own nationals looking to be employed. The recruitment may not be dependent on medical, occupational or other criteria which discriminate on nationality grounds.

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The Regulation provides that a worker with EU Member States nationality may not, in the territory of another Member State, be treated differently from national workers with regard to working and employment conditions (especially on dismissal and remuneration) because of his nationality. The worker shall also be entitled to the same conditions related to social and tax advantages and occupational training.

Directive 2004/38/EC repeals Articles 10 and 11 related to the workers‘ families.

The Directive is repealed by the Regulation (EU) 492/2011 on 16 June 2011.

2. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC

(Text with EEA relevance)

OJ L 158, 30.04.2004 p. 77 – 123.

Consolidated version

Summary

Free movement of workers within the Community is a crucial topic as it is one of the fundamental freedoms of the single market of the European Union. There were many Directives regarding the issue since now. In order to simplify and enhance this fundamental freedom in an area of no borders, Directive 2004/38/EC is accepted in April 2004.

From now on, a single legislative act, the Directive 2004/38/EC will deal with the workers, self-employed persons, as well as students and other inactive persons with the aim of simplifying and strengthening the right of free movement and residence of all Union citizens.

In that respect, Directive 2004/38/EC is:

 amending Council Regulation (EEC) No 1612/68 of 15 October 1968 on free movement of workers within the Community,

 repealing Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions of movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, Council Directive 90/364/EEC of 28 June 1990 on the right of residence, Council Directive 90/365/EEC of 28 June 1990 on the

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right of residence for employees and self-employed persons who have ceased their occupational activity and Council Directive 93/96/EEC of 29 October 1993 on the right of residence for students.

The fundamental difference of the Directive comparing to previous ones is the fact that the Directive is built upon the rights of the ―union citizens‖ rather than the rights of ―workers‖. Union citizenship is the fundamental status of nationals of the Member States when they exercise their right of free movement and residence.

Definition of family

The right of all Union citizens to move and reside freely within the territory of the Member States should also be granted to their family members; irrespective of nationality. The family comprises the spouse and children under 21 or dependant, as well as dependent relative in ascending line of the worker and his spouse. Member of the family have the right to be employed in the ―host‖ Member State, and the children may receive education. This new Directive, also includes the registered partner to the definition of "family member" if the legislation of the host State recognizes the situation of unmarried couples.

The right of residence up to and in excess of three months

Under this Directive, Union citizens have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport.

Union citizens have the right of residence on the territory of another Member State longer than three month if they are working in that country or if they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State. Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months

The right of residence for Union citizens and their family members for periods in excess of three months is subject to conditions. For periods of residence of longer than three months, Member States may require Union citizens to register with the competent authorities in the place of residence and to take a registration certificate. For people not in work and students, the right of residence is subject to their having sufficient resources and sickness insurance. Evidence that the two conditions are met is given by a simple bona fide declaration.

The Directive also contains some precautions such as ―persons exercising their right of residence shall not become an unreasonable burden on the social assistance system of the host Member State during an initial period of residence.‖ Member states have the sole authority to decide upon the subject and they even expel the person who tries to exploit the social assistance systems. However there are special conditions such as the member state should take account the degree of integration of the persons

CPS Corporate & Public Strategy Advisory Group concerned, the length of their residence in the host Member State, their age, state of health, etc. The five-year limit

The Union citizens can leave their state of origin and enter other Member States only holding an identity card or a passport valid for not less than 5 years. No visa or equivalent document can be demanded, save when a worker‘s family members are not nationals of a Member State.

The Union Citizen will obtain a residence permit valid for at least 5 years and automatically renewable if they produce the following: their identity papers and their working contract/ certificate of employment. His family will receive a residence permit by showing identity papers and the proof of relationship with the worker.

The Directive is also sensitive about basic human right that Member States should implement this Directive without discrimination between the beneficiaries of this Directive on grounds such as sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinion, membership of an ethnic minority, property, birth, disability, age or sexual orientation.

3. Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State

(Text with EEA relevance)

OJ L 112, 26.4.2006, p. 9–9

(This Regulation repeals Regulation 1251/70/EEC of the Commission of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State.)

Summary

The Regulation repeals Regulation 1251/70 with effect from 30 April 2006. The matters concerning the right of workers to remain in the territory of a Member State after having been employed in that State are now governed under Article 17 of the Directive 2004/38/EC.

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4. 2003/8/EC: Commission Decision of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment

(Text with EEA relevance)

(notified under document number C(2002) 5236)

OJ L 5, 10.1.2003, p. 16–19

Summary

The Decision re-establishes EURES (European Employment Services), a European network of services responsible for developing the exchange of information and cooperation provided for in Regulation 1612/68. The network is reinforced and fully integrated into the activities of employment services of the Member States. The division of responsibilities and the decision-making procedures should be redesigned.

EURES is made up of:

 national employment services;  Regional employment services and employment services responsible for border regions  the Commission through the European Coordination Office (see 1.). It is based on a computer system and a uniform exchange defined by the decision;  Specialized employment services that have been notified to the Commission in accordance with the procedure established by Regulation No 1612/68.

The following information will be exchanged:

 all vacancies and applications for employment that are made public and all the learning opportunities  Exchange of labour market and mobility related information  Living and working conditions in the Member States.

Commission outlined the rights of the workers to inform the citizens of their rights and to help the employers to fully exploiting the advantages and potentialities of geographical mobility.

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5. Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications

OJ L 255, 30.9.2005, p. 22–142

Consolidated version

Amended by:

 Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania OJ L 363, 20.12.2006, p. 141–237.

 Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications

OJ L 320, 6.12.2007, p. 3–11.

 Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications

(Text with EEA relevance)

OJ L 205, 1.8.2008, p. 10–12.

OJ L 311, 21.11.2008, p. 1–54

 Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications

(Text with EEA relevance)

OJ L 93, 7.4.2009, p. 11–12

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 Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II and V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (Text with EEA relevance) OJ L 59, 4.3.2011, p. 4–7 Summary The Directive establishes a framework for the recognition of professional qualifications within the territory of European Community. In this respect, a regulated profession, which is obtained in one or more Member States, can be pursued in another Member State of the EU. A regulated profession is defined within the Directive as; a professional activity or a group of professional activities that can be pursued by persons holding the necessary professional qualifications, which are limited by legislative, regulatory or administrative provisions. The scope of this Directive covers the nationals of Member States who are in pursuit economic activity in a regulated profession in a Member State other than the State they obtained the respective professional qualifications as workers or self-employed persons.

This Directive brings together 3 general directives concerning recognition of diplomas and professional qualifications mentioned below as well as 12 sectoral directives which were repealed as of 20 October 2006.

1. Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration

OJ L 19, 24.1.1989, p. 16–23.

2. Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC

OJ L 209, 24/07/1992 p.25 – 45.

3. Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications

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Under the terms of the Directive, it becomes possible for the nationals of Member States to access in the host Member State to the professions that they are qualified and to exercise that profession under the same conditions of nationals of host Member State.

In this regard, the Directive assumes the same differentiation between freedom of establishment and freedom to provide services as the ECJ has defined in its case-law where temporary character of the services is the decisive factor of separation.

With regard to the free provision of services, Member States shall not restrict the free provision of services in another Member State based on a reason concerning the professional qualification;

 if the service providers is legally established within one of the Member States to pursue the same profession in the host Member State

 for the cases where the service provider moves, if he pursued the same profession in the home Member State (Member State of establishment) for at least two years during the 10 years preceding the provision of services when the profession is not regulated in that Member State.

However, it is possible for the host Member State to require the service provider before providing his services to inform the competent authorities in the host Member State with a declaration made in advance regarding the details of insurance cover or other means for personal or collective protection for professional liability.

With regard to freedom of establishment, it is possible for the nationals of a Member State who are qualified with a profession to pursue their economic activities within the host Member State on stable basis. In that regard, the Directive presents 3 existing systems of recognition in a detailed way:

 General system for the recognition of evidence of training,  Recognition of professional experience,  Recognition on the basis of coordination of minimum training conditions

The general system for the recognition of evidence of training is applicable for the professions that are not covered by specific rules of recognition under the other two recognition systems. The general principle that is applicable is the equal treatment of qualifications.

The recognition of professional experience stipulates that in Member States where access to or pursuit of a profession is made conditional on possession of general, commercial or professional knowledge and aptitudes, the host Member State must recognize previous exercise of the profession/activity in another Member State as a adequate proof of that knowledge and aptitudes.

The recognition on the basis of coordination of minimum training conditions brings the principle of automatic recognition where each Member State must © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 159

CPS Corporate & Public Strategy Advisory Group recognise the evidence of formal qualifications for specified professions such as doctors (with basic training and specialised doctor); nurses for general care; dental practitioner; veterinary surgeon…etc.

Annex II to Directive 2005/36/EC is amended as set out in the Annex to Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications.

Annex II related to list of courses having a special structure and Annex V on recognition on the basis of coordination of the minimum training conditions are amended by Commission Regulation 213/2011.

6. Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment

OJ L 155, 18.06.2009, p.17-29

Summary

This directive establishes a procedure for the admission of highly qualified third country citizens with a common definition and criteria on work contract, professional qualifications and a minimum salary to be set at national level; and a special scheme for ‗young professionals‘. The workers will be issued an ‗EU Blue Card‘, which will allow them to reside and work in a Member State with a series of rights for them and their families including favourable conditions for family reunification. The directive determines the common criteria to be set by the EU member states for applicants of the Blue Card. The period of validity of the EU Blue Card will be comprised between one and four years, with possibility of renewal. A Blue Card may also be issued or renewed for smaller periods in order to cover the work contract period plus three months.

After eighteen months of legal residence in the first member state as an EU Blue Card holder, the person concerned and his family members may move, under certain conditions, to a member state other than the first member state for the purpose of highly qualified employment.

Under the rules set by the Directive, EU Blue Card holders will enjoy equal treatment with nationals of the member state issuing the Blue Card, as regards:

 working conditions, including pay and dismissal;  freedom of association;  education, training and recognition of qualifications;  a number of provisions in national law regarding social security and pensions;  access to goods and services, including procedures for obtaining housing, information and counselling services; and

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 free access to the entire territory of the member state concerned within the limits provided for by national law.

Following its publication in the Official Journal of the EU, the member states will have two years (19 June 2011) to incorporate the new provisions into their domestic legislation.

7. Regulation (EU) No 492/2011 of the European Parliament and the Council of 5 April 2011 on freedom of movement for the workers within the Union

Text with AEA relevance

OJ L 141, 27.05.2011 p.1-12

The Regulation No 492/2011 on freedom of movement within the Union codifies EU rules on freedom of movement for workers within the EU. The Directive 1612/68 which is amended several times since its adoption is consolidated by the Regulation 492/2011.

This Regulation preserves the content of the various acts concerning free movement of workers. The Regulation fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendment as are required by the codification exercise itself. It presents a Correlation Table that shows different numeration of Articles in Regulation (EEC) No 1612/68.

3. Pending Proposals

1. Proposal for a Directive of the European Parliament and of the Council on improving the portability of supplementary pension rights {SEC (2005) 1293}

COM/2005/0507 final - COD 2005/0214

(Discussions at Council on 5.12.2007)

Summary

This proposal is designed to decrease the impediments to free movement of workers across Member States and to mobility within any Member State stemming from provisions contained in these supplementary pension schemes. These obstacles relate to: the circumstances of acquisition of pension rights, the conditions of preservation of dormant pension rights, the transferability of acquired rights. The proposal in addition aims at developing the information given to workers on how mobility may affect supplementary pension rights.

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2. Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment

(COM/2010/0379 final)

(Discussions at Council on 9 June 2011)

The European Commission proposes for a ‗Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment‘ to present a policy plan on legal migration ‗including admission procedures, capable of responding promptly to fluctuating demands for migrant labour in the labour market‘.

The proposal establishes a fast-track procedure for the admission of third-country seasonal workers, based on a common definition and common criteria. According to the proposal, seasonal workers will be issued with a residence permit allowing them to work for a specified maximum period per calendar year. In addition, the proposal offers measures to facilitate the re-entry of a seasonal worker in a subsequent season.

In order to prevent illegal immigration and permanent stay, a maximum duration of stay per calendar year is laid down as well as the explicit obligation to return after that period. The proposal sets the maximum duration of stay at six months in any twelve-month period and excludes extensions of the stay for a different type of employment.

3. Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer

(COM/2010/0378 final)

(Discussions at Council on 9 June 2011)

The European Commission‘s proposal for a ‗Directive on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer‘ establishes a transparent and simplified procedure for admission of intracorporate transferees, based on a common definition and harmonized criteria.

According to the proposal, the transferee must occupy a post as manager, specialist or graduate trainee. The prior employment within the same group of undertakings must have lasted at least 12 months, if required by the Member State and an assignment letter must be produced confirming that the third-country national is transferred to the host entity, specifying the remuneration. The proposal further lays down a specific scheme for graduate trainees.

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Furthermore, it designates a specific residence permit for admitted intra-corporate transferees, allowing circulation between different entities belonging to the same transnational corporation, if possible even located in other Member States. The permit is also intended to provide favorable conditions for family reunification in the host country.

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L. CO-ORDINATION OF SOCIAL SECURITY

1. The Legal Basis in the EU Treaty

Legal basis: Article 48 (ex Article 42 TEC) and Article 153 (ex Article 137 TEC)

Article 48 (ex Article 42 TEC), which constitutes the legal basis along with Article Article 153 (ex Article 137 TEC), allows the European Parliament and Council to adopt, as regards social security, necessary measures for the establishment of free movement of workers.

Rules on social security for migrant workers logically complement the free movement of people. It was important to prevent those people from losing social security rights when exercising their rights to move within the Community.

This policy dates back from 1958 when the Council issued two regulations on social security for social workers, which were later superseded by Regulation 1408/71 and the implementation Regulation 574/72.

Nationals from Liechtenstein, Iceland and Norway are also covered by these measures through the European Economic Area Agreement.

The Community provisions on social security do not replace the different national systems by a single European system. Such a harmonization would not be possible because of the diversity of standards of living and social security rights. The Community provisions on social security provide for a simple coordination of these systems.

To manage exchange of information on social protection between the Member States, the MISSOC has been created. MISSOC stands for ―Mutual Information System on Social Protection in the EU Member States and the EEA‖.

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EU ACQUIS TURKISH LAW

Regulation 1408/71/EEC of the Council of 14 June 1971 on the application of No corresponding legislation social security schemes to employed persons, to self- employed persons and to their families moving within the Community

Regulation (EC) No 883/2004 of the European No corresponding legislation Parliament and of the Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Council Directive 98/49/EC of 29 June 1998 No corresponding legislation on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community

Commission Decision 2001/548/EC of 9 July No corresponding legislation 2001 on the setting-up of a committee in the area of supplementary pensions

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Council Regulation (EC) No 859/2003 of 14 May No corresponding legislation 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality

Council Decision 2004/689/EC of 4 October No corresponding legislation 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC

Regulation (EC) No 458/2007 of the European Parliament and of the No corresponding legislation Council of 25 April 2007 on the European system of integrated social protection statistics (ESSPROS)( Text with EEA relevance)

Commission Regulation (EC) No 1322/2007 of 12 November 2007 implementing Regulation (EC) No 458/2007 of the No corresponding legislation European Parliament and of the Council of the European system of integrated social protection statistics (ESSPROS) as regards the appropriate formats for transmission, results to be transmitted and criteria for measuring quality for the ESSPROS core system and the module on pension beneficiaries

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Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 No corresponding legislation amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Text with EEA relevance)

Regulation (EC) No 987/2009 of the European No corresponding legislation Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) Regulation (EC) No 988/2009 of the European No corresponding legislation Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (Text with relevance for the EEA and for Switzerland)

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2. Main Legislation

1. Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems

(Text with relevance for the EEA and for Switzerland)

OJ L 166, 30.04.2004 p. 1 – 123.

Consolidated Version

Amended by

 Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes

(Text with relevance for the EEA and for Switzerland)

OJ L 284, 30.10.2009, p. 43–72

OJ L 344, 29.12.2010, p. 1–3

(Text with relevance for the EEA and for Switzerland)

OJ L 338, 22.12.2010, p. 35–36

Summary

The main objective of this Regulation is to simplify and clarify the Community rules on the coordination of Member States' social security schemes. The Regulation constitutes the new reference for such coordination and very much simplifies the lives of Community citizens, who can more easily exercise their right to free movement

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The Regulation repeals Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community from the date that its Implementing Regulation that will repeal Council Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 (Text with EEA relevance) will be in force (see Proposals).

Regulation 883/2004 extends its scope to encompass all insured persons including the non-working population (for example, mothers who bring up their children). This group needs new rules and procedures in order to define the legislation applicable to take account of periods in which these people have never been employed or are self- employed.

Regulation (EC) 988/2009 amends and completes Regulation (EC) 883/2004. According to this Regulation, Member States‘ social security authorities shall launch a program of education and issue communications in the following months. These programs are planned to contain practical guidance on the changes facing employers and individuals, as well as amendments to current E101 application processes.

Regulation (EU) 1231/2010 envisages that the Regulation (EC) No 883/2004 shall apply to nationals of third countries who are legally resident in the territory of a Member State are not already covered by those Regulations solely on the ground of their nationality, as well as to members of their families.

Regulation (EU) 1244/2010 amends the Annex VIII of the Regulation (EC) 883/2004.

2. Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community

OJ L 209, 25.07.1998, p. 46-49.

Summary

The Directive aims at protecting the rights of members of supplementary pension schemes who move from one Member State to another. Such protection refers to pension rights under both the voluntary and compulsory supplementary pension schemes, with the exception of schemes covered by Regulation 1408/71/EEC.

Member States must take the necessary measures to ensure the preservation of vested pension rights for members of a supplementary pension scheme, as well as other persons holding entitlement under the rules of the supplementary pension scheme in question, which move to another Member State.

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Supplementary pension schemes must make payment in other Member States, net of any taxes and transaction charges which may be applicable, of all benefits due under such schemes.

Member States must enable contributions to be made to a supplementary pension scheme established in a Member State by or on behalf of a posted worker who is a Member of such a scheme during the period of his/her posting in another Member State.

3. Commission Decision 2001/548/EC of 9 July 2001 on the setting-up of a committee in the area of supplementary pensions

OJ L 196, 20.07.2001, p.26-27.

Consolidated version

Amended by:

OJ L 236, 23.09.2003 p. 179 – 252.

Summary

A Committee in the area of supplementary pensions (―the pensions forum‖) is set up by the Commission. It is composed of representatives of Member States governments, the social partners, the supplementary pension schemes and EEA/EFTA countries.

The Commission may consult the pensions forum about any problem and development at Community level affecting supplementary pensions.

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4. Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality

OJ L 124, 20.05.2003 p. 1 – 3.

Amended by:

OJ L 344, 29.12.2010, p. 1–3

Summary

Regulation 1408/71/EEC provides for Community co-ordination of the Member States' social security schemes.

It currently applies to Community nationals and certain categories of nationals of third countries. The main objective of this new Regulation is to offer equal treatment to citizens of third country national legally resident in the Community. In simplifying the procedures it is hoped that administrative costs will be minimised.

The Regulation outlines provisions to nationals of third countries not already covered by this Regulation on the ground of their nationality. Certain categories of third- country nationals are already included in its scope - namely stateless persons, refugees and members of families and survivors of Community national as defined by this Regulation. Those covered by the Regulation must have a temporary or permanent right of residence. A further provision has been included, designed to protect the persons covered by this Regulation, in order for them not to loose their rights as a result of its entry into force and to permit in particular the award, resumption or revision of the benefits.

Regulation 1231/2010 repeals Regulation (EC) No 859/2003 as of 1st January of 2011 between the Member States that are subject to the former.

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5. Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC

OJ L314, 13.10.2004 p. 8 – 10.

Summary

The Decision sets up a new Social Protection Committee in charge of assisting the Council in the exercise of its responsibilities in the field of social protection.

The previous one was established by Council Decision 2000/436/EC of 29 June 2000 as an advisory body and besides was preparing reports annually on social protection to be presented to the Council.

However, following the entry into force of the Treaty of Nice on 1 February 2003, additional tasks are needed for the existing Committee and a new Social Protection Committee takes up the previous one‘s functions.

In this respect, the new Social Protection Committee will:

(a) monitor the social situation and the development of social protection policies in the Member States and the Community; (b) promote exchanges of information, experience and good practice between Member States and with the Commission; (c) prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees dealing with social and economic policy matters, such as the Employment Committee and the Economic Policy Guidelines and also establish appropriate contacts with the social contacts. The Committee may, at the request of the Council or the Commission or on its own initiative, prepare other reports or opinions or undertake other work in the area of its competence.

6. Regulation (EC) No 458/2007 of the European Parliament and of the Council of 25 April 2007 on the European system of integrated social protection statistics (ESSPROS)

(Text with EEA relevance)

OJ L 113, 30.4.2007, p. 3–8.

Amended by

 Commission Regulation (EC) No 1322/2007 of 12 November 2007 implementing Regulation (EC) No 458/2007 of the European Parliament

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and of the Council of the European system of integrated social protection statistics (ESSPROS) as regards the appropriate formats for transmission, results to be transmitted and criteria for measuring quality for the ESSPROS core system and the module on pension beneficiaries

OJ L 294, 13.11.2007, p. 5–10

 Commission Regulation (EC) No 10/2008 of 8 January 2008 implementing Regulation (EC) No 458/2007 of the European Parliament and of the Council on the European system of integrated social protection statistics (ESSPROS) as regards the definitions, detailed classifications and updating of the rules for dissemination for the ESSPROS core system and the module on pension beneficiaries

(Text with EEA relevance )

(OJ L 5, 9.1.2008, p. 3–12)

Summary

The regulation establishes a European system of integrated social protection statistics (ESSPROS) with a methodological framework based on common standards, definitions, classifications and accounting rules. ESSPROS core system covers data on financial flows on social protection and receipts. In addition, modules including supplementary statistical information on pension beneficiaries will be added to ESSPROS core system. The statistics shall be based on the following sources in Member States:

- Registers and other administrative sources - Surveys - Estimates

Commission Regulation (EC) No 1322/2007 lays down detailed information regarding format of the data to be presented on ESSPROS core system and the additional module on pension beneficiaries.

Commission Regulation (EC) No 10/2008 lays down details as regards quantitative data and qualitative information by schemes and detailed benefits as well as module on pension beneficiaries in Annexes 1 to 3

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7. Commission Regulation (EC) No 1322/2007 of 12 November 2007 implementing Regulation (EC) No 458/2007 of the European Parliament and of the Council of the European system of integrated social protection statistics (ESSPROS) as regards the appropriate formats for transmission, results to be transmitted and criteria for measuring quality for the ESSPROS core system and the module on pension beneficiaries

OJ L 294, 13.11.2007, p. 5–10.

Summary

The regulation includes detailed information regarding format of the data to be presented on ESSPROS core system and the additional module on pension beneficiaries.

8. Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Text with EEA relevance) OJ L 177, 04.07.2008, p. 1 -5 Summary The Regulation aims to update the annexes of the Regulation 1408/71 in light of the developments on the national legislation in the Member States. The update particularly concerns the following issues: Calculation of benefits, ―employed‖ or ―self employed‖ persons, ―family members‖, child birth or adoption allowances, non- contributory benefits granted to the persons concerned exclusively in the territory of the Member State in which they reside, the provisions of bilateral agreements those still in force, schemes under which orphans are granted only family benefits or supplementary or special benefits, special procedures for applying the legislation in certain Member States.

9. Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

(Text with relevance for the EEA and for Switzerland)

(OJ L 284, 30.10.2009, p. 1–42)

Amended by

 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 174

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already covered by these Regulations solely on the ground of their nationality

OJ L 344, 29.12.2010, p. 1–3

(Text with relevance for the EEA and for Switzerland)

OJ L 338, 22.12.2010, p. 35–36

Summary

Regulation 883/2004/EC repealing Regulation 1408/71/EEC on the coordination of social security systems needs to be supplemented by an implantation Regulation in order to enter into force. The Regulation will repeal the current implementing Regulation in force (Regulation 574/72/EEC) and will modernise and simplify existing rules.

This is being based on a principle of simplification referring to the simplification of administrative procedures whether they apply to national administrations or to private individuals. One of the major changes relates to the use of electronic means for the exchange of data.

The Regulation is intended to define only those measures deemed necessary for persons travelling, staying or residing in another Member State without losing their social security entitlements. The specific objective of the proposal is to define the precise procedures for implementing the rules set out in Regulation 883/2004. Enhanced cooperation between social security institutions plays a key role in allowing persons covered by Regulation 883/2004/EC to access their rights as quickly as possible. The Regulation will cover all EU citizens who move within the EU irrespective of their reasons.

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10. Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes

(Text with relevance for the EEA and for Switzerland)

(OJ L 284, 30.10.2009, p. 43–72)

Summary

Regulation (EC) No 988/2009 repealing Regulation 1408/71/EEC on the coordination of social security systems simplifies and modernises the existing legislation. In the Regulation, it is stipulated that the content of Annex XI shall be determined before the date of application of the Regulation. This Annex is deemed compulsory in order to consider the particularities of the variety of social security systems of Member States.

Annex XI of Regulation 883/2004/EC sets out particular methods for applying the legislation of certain Member States. The purpose of the Annex is to facilitate the application of Regulation 883/2004/EC by ensuring the levelled interaction of Community legislation with national laws. Annex XI contains separate sections for each Member State containing.

3. Pending Proposals

1. Proposal for a Regulation of the European Parliament and of the Council amending the annexes to Regulation (EC) No 883/2004 on the coordination of social security systems

COM/2007/0376 final

(Following the second reading of and amendments by the European Parliament in April 2009, the European Commission replaced its proposal and published its opinion below on 5 June 2009)

Opinion of the Commission Pursuant to Article 251 (2), Third Subparagraph, Point (C) of The EC Treaty, On The European Parliament's Amendments to the Council's Common Position Regarding the Proposal for a Regulation of the European Parliament and of the Council Amending Regulation (EC) No 883/2004 on the Coordination of Social Security Systems, and Determining the Contents of its Annexes

COM (2009)265 final

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Summary

The proposed regulation replaces the annexes of Regulation No 883/2004 in terms of covering the Member States those have entered the Union after 29 April 2004. In addition, some new provisions are introduced into the annexes in question. In this respect:

- A number of benefits were added to the list in Annex I of the Regulation (No 883/2004); - The content of the Annex II, which concerns bi lateral agreements between the Member States, is determined; - A number of Member States are added to the list in Annex III to the Regulation, which concerns the ―frontier workers‖; - A number of Member States are added to the list in Annex IV to the Regulation, which concerns the rights of pensioners returning to the competent Member State; - Specified legislation of some Member States are added to the list in the Annex VI to the Regulation, which is related to the identification of type A legislation that is subject to special coordination; - The entries related to Luxembourg are removed from the Annex VII to the Regulation, which concerns concordance between Member States in terms of invalidity; - Entries for Bulgaria and Romania are added to the Annex VIII to the Regulation, which concerns pro rata calculation for benefits; - Specified legislation of some Member States are added to the list in the Annex IX to the Regulation, which concerns overlapping benefits; - The content of Annex X to the Regulation is determined. It concerns non contributory cash benefits; Entries for Bulgaria and Romania are added to the Annex XI to the Regulation which concerns special rules for the application of the legislation of Member States

European Parliament decided to merge this proposal and Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of Annex XI into a single text; COM/2009/265. This new proposal lays out 4 amendments adopted by Parliament. These amendments concern Annex III of Regulation No 883/2004 which contains a list of Member States applying ―restriction of rights to benefits in kind for members of the family of frontier workers‖ in the competent Member State. The following amendment states that Annex III should be reviewed no later than 5 years from the date of entry into force of the Regulation.

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2. Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004

(COM/2010/0794 final)

(Discussions at Council on 17 June 2011)

This proposal supplements, clarifies and updates some of the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 to reflect the changes in Member States' national social security legislation and changed patterns of mobility of workers affecting the coordination of the social security systems. The changes will facilitate the efficient application of the EU legislation coordinating social security schemes and improve the protection of individuals moving within the EU.

Member States frequently amend their national social security legislation. As a consequence, the references made to national legislation in EU legislation coordinating social security systems can become outdated which will create legal uncertainty for stakeholders when applying the Regulations. Thus, technical adaptations and the update and amendment of the references to national legislation in certain annexes to the Regulations are envisaged.

The proposal further offers notions such as "substantial part of the activity" for people working in two or more Member States, and ―registered office or place of business" for administrative simplification purposes. The proposal foresees to extend applicable rules for unemployment benefits for self-employed people who have worked in another Member State than his home country.

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V. THE NEW WAVE OF ENLARGEMENT AND THE EU EMPLOYMENT AND POLICY

A. EU Employment and Social Policy and Harmonization after the New Wave of Enlargement17

Issues under employment and social policy in the EU are regulated both by general convergent policies based on the EC Treaty, and by a great deal of secondary legislation. Concerning the former which are the policy areas such as social dialogue, employment and social protection etc, the European Union does not oblige Member States to adopt precise policy measures; instead, provide general obligations to develop a European social framework on the basis of the EU Treaty, by which Member States shall coordinate and harmonize their respective employment and social policies.

B. Transitional Arrangements by New Member States

The harmonization of policies related to social and employment in the EU even became more challenging after the recent enlargement.

The chapter of employment and social policy negotiated with 10 new Member States was closed in December 2002. On the other hand, the negotiations with Romania and Bulgaria concerning this chapter were opened in 2001, first provisionally closed in April 2002, and definitely closed with both countries in December 2004.

There still remain technical amendments to be made concerning the labour law in the new Member States, and progress to be taken in terms of equality of treatment at work. Health and safety, which generate important cost implications for SMEs, is another area that new Member States shall adopt themselves.

For the purpose of adoption to these measures; especially, the health and safety directive, the Member States have submitted to the Commission timetables displaying their adoption and implementation processes in detail. Information related to enforcement of the legislations, practical implementation, role of authorized bodies for inspection etc. has also been requested within the context of these reports.

Below are the transitional periods and derogations in the employment and social policy with which each new Member State is entitled:

17 The new wave of enlargement include 10 new Member States which acceded to the EU as of 1 May 2004 (Slovenia, Poland, Hungary, Czech Republic, Estonia, Lithuania, Latvia, Slovakia, Cyprus and Malta) as well as 2 new Member States which joined to the EU as of 1 January 2007 (Bulgaria and Romania). © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 179

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Bulgaria

 Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products until 1 January 2011.

Cyprus

There is no transitional period granted.

Czech Republic

There is no transitional period granted.

Estonia

There is no transitional period granted.

Hungary

There is no transitional period granted.

Latvia

 Directive 89/654 concerning the minimum health and safety requirements for the workplaces until 31 December 2004.  Directive 89/655 on minimum safety and health equipment by workers at work until 1 July 2004.  Directive 90/270 on minimum health and safety requirements for work with display screen equipment until 31 December 2004.

Lithuania

There is no transitional period granted.

Malta

 Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time until 31 July 2004. Whilst the present collective agreements designating a longer working time than the terms of the Directive will be effective until 31 December 2004.  Directive 89/655 on minimum safety and health equipment by workers at work until 1 January 2006.

Poland

Directive 89/655/EEC on minimum safety and health equipment by workers at work until 31 December 2005.

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Romania

There is no transitional period granted.

Slovakia

There is no transitional period granted.

Slovenia

 Council Directive 86/188/EEC18 on the protection of workers from the risks related to exposure to noise at work until 31 December 2005.  Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work until 31 December 2005.  Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) until 31 December 2005.  Commission Directive 2000/39/EC of 8 June 2000 establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work until 31 December 2005.  Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) until 31 December 2005.

18 The Council Directive 86/188/EEC was repealed by the Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise). © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 181

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VI. TURKEY’S LEGAL FRAMEWORK AND ITS ADAPTATION TO THE EU ACQUIS COMMUNAUTAIRE ON EMPLOYMENT AND SOCIAL POLICY

A. The Progress of Turkey Regarding Harmonization with the EU Social and Employment Policy and the Table of Harmonization of Legislation

The Lisbon Agenda as well as Europe 2020 of the EU, with the endeavour to build a competitive and dynamic knowledge economy, integrated as a key aim the creation of the well functioning Single Market in addition to the prosperity of the citizens. The modernisation of employment and social policy is essential to this process. The main framework to develop the progression is a Social Policy Agenda designed to link economic, employment and social policies, while simultaneously guaranteeing that these policies are environmentally sustainable. This necessitates a significant investment in human resources so as to boost the number of people with the skills the economy needs, to advance the quality of skills and people's ability to manage the global changes. A well educated, skilled and adaptable labour force enhances economic growth and competitiveness, and that decreases unemployment, poverty and social exclusion, over and above providing the financial resources to fund social protection and pensions. With the purpose of attaining these goals, it is required to concentrate on combining an adequate level of social protection with increased work incentive policies. Furthermore, addressing change and promoting flexibility in the labour market, plus raising and sustaining skills levels, are specific priorities of the European employment and social policy regulations

In the context of the enlargement, the acquis communautaire on employment and social policy is a vital issue. EU social and employment policy objectives include the improvement of competitiveness, security of energy supplies and the protection of the environment. The employment and social policy acquis consists of rules on labour law, social dialogue equality of treatment between men and women, fight against racism employment, European Social Fund, social security, aged people and exclusion, Dublin Foundation, public health, Health, and safety at work, free movement of workers, coordination of social security. The adoption of the social and employment policy acquis poses a substantial challenge to the candidate countries that is to say to Turkey. Increased Europeanization could also help Turkey become more competitive in the long term. Therefore, the accession process will play a key role in the attainment of the social and employment policy goals for Turkey. For that reason, a list of requirements was formulated in the acquis chapter on employment and social policy, which Turkey has to meet over time.

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The following is the Summary Chart indicating the chief EU legislation taking place in the present document, the correspondents of those in the Turkish National Legislation and the commitments in the National Programme concerning the related directives where applicable:

EU ACQUIS TURKISH LAW

Directive 2008/94/EC of  Law No 4447 on Unemployment Insurance Official Gazette the European Parliament 08.09.1999 – 23810) and of the Council of 22  Law No. 5763 on amending Labour Law and Certain Laws October 2008 on the Official Gazette 26.05.2008 - 26887 protection of employees in  By-law on Wage Guarantee Fund, Official Gazette dated the event of the insolvency 18.10.2004 - 25617 of their employer  Law No. 2004 on Bankruptcy Official Gazette dated 19.6.1932 - 2128

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 97/81/EC of 15 December 25134 1997 concerning the  By-law on Working Time Official Gazette dated 6/4/2004 - Framework Agreement on 25425 part-time work concluded  By-law on Overtime Working Official Gazette dated 6/4/2004 by UNICE, CEEP and the - 25425 ETUC - Annex:  Law Amending Certain Laws (In accordance with the Framework agreement on National Programme of Turkey for the Adoption of the EU part-time work Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 1999/70/EC of 28 June 25134 1999 concerning the  Law No. 657 on Civil Servants Official Gazette dated framework agreement on 23/07/1965 – 12056) fixed-term work  Law Amending Certain Laws (In accordance with the concluded by ETUC, National Programme of Turkey for the Adoption of the EU UNICE and CEEP Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

CPS Corporate & Public Strategy Advisory Group

Directive 91/533 on  Labour Act No 4857 Official Gazette dated 10/6/2003 – information of employees 25134 of conditions applicable to  Law Amending Certain Laws (In accordance with the their contracts National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 94/33 on the  Labour Act No 4857 Official Gazette dated 10/6/2003 – protection of young people 25134 at work  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Law No. 3308 on Vocational Training Official Gazette dated 19.6.1986 - 19139  By-law on Procedures and Foundations of Child and Adolescent Labour Official Gazette dated 6/4/2004 - 25425  By-law on Heavy and Dangerous Works Official Gazette dated 16/06/2004 - 25494  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 96/71/EC of the  Law Amending Certain Laws (In accordance with the European Parliament and National Programme of Turkey for the Adoption of the EU of the Council of 16 Acquis, which was published on the Official Gazette no December 1996 27097 dated 31 December 2008, Turkey has committed to concerning the posting of enact this legislation after 2011). workers in the framework  Implementing Regulations on the Law Amending Certain of the provision of services Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 2003/88/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – the European Parliament 25134 and of the Council of 4  By-law on Working Time Official Gazette dated 6/4/2004 - November 2003 25425 © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 184

CPS Corporate & Public Strategy Advisory Group concerning certain aspects  By-law on Shift Work Official Gazette dated 7/4/2004 - of the organisation of 25426 working time  By-law on Overtime Working Official Gazette dated 6/4/2004 - 25425  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056)  Law No. 926 on Turkish Armed Forces Personnel Official Gazette dated 10/8/1967 - 12670  Law No. 2802 on Judges and Prosecutors Official Gazette dated 26/2/1983 – 17971  Law No. 2914 on Higher Education Personnel Official Gazette dated 13/10/1983 – 18190  No. 399 Decree Law.  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Council Directive  Instruction on the Flight Task and Rest Period of Mobile Staff 2000/79/EC of 27 in Civil Aviation and Implementation Principles [SHT-6A.50 November 2000 Rev. 04] concerning the European  Draft ―Labour Law on Civil Aviation‖ Agreement on the  Implementing Regulation Establishing the Procedures and Organisation of Working Principles on the Daily Wages and Accommodation in Time of Mobile Workers Compliance with the Daily Needs and Recovery © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 185

CPS Corporate & Public Strategy Advisory Group in Civil Aviation Requirements of the Aviation Personnel (In accordance with concluded by the the National Programme of Turkey for the Adoption of the Association of European EU Acquis, which was published on the Official Gazette no Airlines (AEA), the 27097 dated 31 December 2008, Turkey has committed to European Transport enact this regulation in 2010 following the adoption of Labour Workers' Federation Law on Civil Aviation). (ETF), the European  Implementing Regulation Establishing the Procedures and Cockpit Association Principles on the Civil Aviation Time, Air Mission Time, (ECA), the European Resting Time and Medical Control Time of the Aviation Regions Airline Personnel (In accordance with the National Programme of Association (ERA) and the Turkey for the Adoption of the EU Acquis, which was International Air Carrier published on the Official Gazette no 27097 dated 31 Association (IACA) (Text December 2008, Turkey has committed to enact this with EEA relevance regulation in 2010 following the adoption of Labour Law on Civil Aviation).

Directive 2002/15/EC of  Amended By-law on road traffic Official Gazette dated the European Parliament 18/7/1997 – 23053 (as amended by Official Gazette dated and of the Council of 11 02/09/2004 – 25571) March 2002 on the  Law Amending Certain Laws (In accordance with the organisation of the National Programme of Turkey for the Adoption of the EU working time of persons Acquis, which was published on the Official Gazette no performing mobile road 27097 dated 31 December 2008, Turkey has committed to transport activities enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 98/59 relating to  Labour Act No 4857 Official Gazette dated 10/6/2003 – collective redundancies 25134  Law No 2821 on Trade Unions Official Gazette dated 7/5/1983 – 18040  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Council Directive  Law Amending Certain Laws (In accordance with the 94/45/EC of 22 September National Programme of Turkey for the Adoption of the EU 1994 on the establishment Acquis, which was published on the Official Gazette no of a European Works 27097 dated 31 December 2008, Turkey has committed to Council or a procedure in enact this legislation after 2011). Community-scale  Implementing Regulations on the Law Amending Certain undertakings and Laws (In accordance with the National Programme of Turkey Community-scale groups for the Adoption of the EU Acquis, which was published on of undertakings for the the Official Gazette no 27097 dated 31 December 2008, © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 186

CPS Corporate & Public Strategy Advisory Group purposes of informing and Turkey has committed to enact this legislation after 2011). consulting employees

Directive 2001/23 on the  Labour Act No 4857 Official Gazette dated 10/6/2003 – safeguarding of employees 25134 rights in the event of  Law No. 2822 on Collective Agreements, Strikes and Lock- transfers of undertakings outs Official Gazette dated 07/05/1983 - 18040 or businesses  Law No. 4046 on Privatizations Official Gazette dated 27/11/1994 – 22124  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

 In accordance with the National Programme of Turkey for Council Directive the Adoption of the EU Acquis, which was published on the 2001/86/EC of 8 October Official Gazette no 27097 dated 31 December 2008, Turkey 2001 supplementing the has committed to harmonize its national legislation with this Statute for a European Directive after 2011). company with regard to  Law Amending Certain Laws (In accordance with the the involvement of National Programme of Turkey for the Adoption of the EU employees Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

CPS Corporate & Public Strategy Advisory Group

 In accordance with the National Programme of Turkey for Directive 2002/14/EC of the Adoption of the EU Acquis, which was published on the the European Parliament Official Gazette no 27097 dated 31 December 2008, Turkey and of the Council of 11 has committed to harmonize its national legislation with this March 2002 establishing a Directive after 2011 general framework for  Law Amending Certain Laws (In accordance with the informing and consulting National Programme of Turkey for the Adoption of the EU employees in the Acquis, which was published on the Official Gazette no European Community - 27097 dated 31 December 2008, Turkey has committed to Joint declaration of the enact this legislation after 2011). European Parliament, the  Implementing Regulations on the Law Amending Certain Council and the Laws (In accordance with the National Programme of Turkey Commission on employee for the Adoption of the EU Acquis, which was published on representation the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 2003/72/EC of 22  Law Amending Certain Laws (In accordance with the July 2003 supplementing National Programme of Turkey for the Adoption of the EU the Statute for a European Acquis, which was published on the Official Gazette no Cooperative Society with 27097 dated 31 December 2008, Turkey has committed to regard to the involvement enact this legislation after 2011). of employees  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 2008/106/EC of  No corresponding legislation the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers

Directive 2008/104/EC of  No corresponding legislation the European Parliament and of the Council of 19 November 2008 on temporary agency work

CPS Corporate & Public Strategy Advisory Group

 Law No: 4721, on Turkish Civil Code, Official Gazette dated 08/12/2001- 24607  Law No:5237 on Penal Code Official Gazette dated 12/10/2004 - 25611  Law No: 5521 on Labour Courts Official Gazette dated 04/02/1950 – 7424  Minimum Wage Regulation Official Gazette dated 01/08/2004 – 25540  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Directive 2002/73/EC of  The Constitution the European Parliament  Labour Act No 4857 Official Gazette dated 10/6/2003 – and of the Council of 23 25134 September 2002 amending  Law No. 5763 on amending Labour Law and Certain Laws Council Directive Official Gazette 26/05/2008 - 26887 76/207/EEC on the  Law No 2821 on Trade Unions Official Gazette dated implementation of the 7/5/1983 - 18040 principle of equal  Law No. 5237 on Penal Code Official Gazette dated treatment for men and 12/10/2004 - 25611 women as regards access to employment, vocational training and promotion, and working conditions (Text with EEA relevance)

Council Directive 79/7/EEC of 19 December  Law No. 5510 on Social Insurance and General Health 1978 on the progressive Insurance Law Official Gazette dated 16/06/2006 - 26200 implementation of the principle of equal treatment for men and women in matters of social security

No corresponding legislation. 2008/590/EC: Commission Decision of 16 June 2008 relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men

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 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  By-law on the Working Conditions of Pregnant or Breastfeeding Women, Breastfeeding Rooms and Child Nursing Homes 14/7/2004 25522  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056

 Law No. 5510 on Social Insurance and General Health Directive 92/85 on health Insurance Law Official Gazette dated 16/06/2006 - 26200 and safety at work of pregnant workers and  By-Law on the Working Conditions of Female Workers at workers who have recently Night Shifts Official Gazette dated 9/8/2004 - 25548 given birth  Law Amending the Civil Servants‘ Law and the Labour Law (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009).  Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009).

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056) Council Directive  Law Amending the Civil Servants‘ Law and the Labour Law 96/34/EC of 3 June 1996 (In accordance with the National Programme of Turkey for on the framework the Adoption of the EU Acquis, which was published on the agreement on parental Official Gazette no 27097 dated 31 December 2008, Turkey leave concluded by has committed to enact this legislation by 2009). UNICE, CEEP and the  Implementing Regulation on the Occupational Health and ETUC Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009).

 The Constitution  Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134 Directive 2000/43 on the  Law No. 5763 on amending Labour Law and Certain Laws principle of equal Official Gazette 26/05/2008 - 26887 treatment between persons  Law No 2821 on Trade Unions Official Gazette dated irrespective of racial or 7/5/1983 - 18040 ethnic origin  Law No. 5237 on Penal Code Official Gazette dated 12/10/2004 - 25611  Law No. 657 on Civil Servants Official Gazette dated 23/07/1965 – 12056)  Law No. 5510 on Social Insurance and General Health

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Insurance Law Official Gazette dated 16/06/2006 - 26200  Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

 The Constitution  Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Law No 2821 on Trade Unions Official Gazette dated 7/5/1983 - 18040  Law No. 657 on Civil Servants Official Gazette dated Council Directive 23/07/1965 – 12056) 2000/78/EC of 27  Law No. 5237 on Penal Code Official Gazette dated November 2000 12/10/2004 – 25611 establishing a general  Law No. 3308 on Vocational Training Official Gazette dated framework for equal 19.6.1986 – 19139 treatment in employment  Law Amending Certain Laws (In accordance with the and occupation National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation after 2011).

Council Regulation (EC) No corresponding legislation No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights

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Council Decision 2000/98/EC of 24 January  No corresponding legislation 2000 establishing the Employment Committee

Regulation (EC) No  No corresponding legislation 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

 No corresponding legislation Council Decision No 2008/619/EC of 15 July 2008 on guidelines for the employment policies of the Member States

Council Regulation (EC)  No corresponding legislation No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999

CPS Corporate & Public Strategy Advisory Group

Regulation (EC) No  No corresponding legislation 1081/2006 of the European Parliament and of the Council of 5 July 2006 on the European Social Fund and repealing Regulation (EC) No 1784/1999

Decision No 1350/2007/EC of the European No corresponding legislation Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (Text with EEA relevance) Directive 2003/33/EC of the European Parliament  Law No: 4207 on The Prevention of Harmful Effects of the and of the Council of 26 Tobacco Products and Their Control (OG No: 22829, Official May 2003 on the Gazette dated 26 November 1996) approximation of the laws,  Law No. 5727 on The Prevention of Harmful Effects of the regulations and Tobacco Products (OG No: 26761 Official Gazette dated 19 administrative provisions January 2008) of the Member States  Regulation on the rules and procedures for protection from relating to the advertising the harmful effects of Tobacco Products and packaging and and sponsorship of inspection Official Gazette dated 06.01.2005 No: 25692 tobacco products (Text  Law No: 5326 on Misdemeanours (OG No: 25772 Official with EEA relevance) Gazette dated 31 March 2005)

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134  Law No. 5763 on amending Labour Law and Certain Laws Official Gazette 26/05/2008 - 26887  Framework By-law on Health and Safety at work Official Gazette dated 9/12/2003 - 25311 (This Framework By-Law Council Directive was annulled by the decision of Council of State on 16.5.2006 89/391/EEC of 12 June – Case No. 2004/1942 and Judgment No. 2006/3007) 1989 on the introduction  Draft Law Proposal on Health and Safety at Work of measures to encourage  Draft Law Proposal on Health and Safety at Work (In improvements in the accordance with the National Programme of Turkey for the safety and health of Adoption of the EU Acquis, which was published on the workers at work Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009).  Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009).

CPS Corporate & Public Strategy Advisory Group

Council Decision 2003/C 218/01 of 22 July 2003  Labour Act No 4857 Official Gazette dated 10/6/2003 – setting up an Advisory 25134 Committee on Safety and  Health and Safety Committees Regulation Official Gazette Health at Work (Text with dated 07/04/2004 - 25426 EEA relevance)

Council Regulation (EC) No 2062/94 of 18 July 1994 No corresponding legislation establishing a European Agency for Safety and Health at Work

CPS Corporate & Public Strategy Advisory Group

Council Directive 92/85/EEC of 19 October  Labour Act No 4857 Official Gazette dated 10/6/2003 – 1992 on the introduction 25134 of measures to encourage  Law No. 5763 on amending Labour Law and Certain Laws improvements in the Official Gazette 26/05/2008 - 26887 safety and health at work  Law No. 5510 on Social Insurance and General Health of pregnant workers and Insurance Law Official Gazette dated 16/06/2006 - 26200 workers who have recently  By-law on Working Conditions of Pregnant and Breast- given birth or are Feeding Women, Breast-Feeding Rooms and Childcare breastfeeding (tenth Nurseries Gazette dated 14/7/2004 – 25552 individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

CPS Corporate & Public Strategy Advisory Group

Commission Directive 2006/15/EC of 7 February  By-law on amending By-law on the Protection of the Health 2006 establishing a second and Safety Measures from the Risks Related to Chemical list of indicative Agents at Work Official Gazette dated 20/03/2008 – 26822 occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Directives 91/322/EEC and 2000/39/EC © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 196

CPS Corporate & Public Strategy Advisory Group

Directive 2002/44/EC of  By-law on Vibration which published in OG dated 23.12.2003 the European Parliament - 25325 and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (Sixteenth individual © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 197

CPS Corporate & Public Strategy Advisory Group

Directive within the meaning of article 16(1) of Directive 89/391/EEC)

Directive 2003/10/EC of  Labour Act No 4857 Official Gazette dated 10/6/2003 – the European Parliament 25134 and of the Council of 6  Law No. 5763 on amending Labour Law and Certain Laws February 2003 on the Official Gazette 26/05/2008 - 26887 minimum health and  By-law for Noise Official Gazette dated 23/12/2003 - 25325 safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2004/40/EC of  Implementing Regulation on the Protection of Employees‘ the European Parliament Health and Safety from the Risks Arising from Exposure to and of the Council of 29 Electromagnetic Field (In accordance with the National April 2004 on the Programme of Turkey for the Adoption of the EU Acquis, minimum health and which was published on the Official Gazette no 27097 dated safety requirements 31 December 2008, Turkey has committed to enact this regarding the exposure of legislation after 2011) workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2006/25/EC of the European Parliament and of the Council of  Implementing Regulation on Optical Radiation (In 5 April 2006 on the accordance with the National Programme of Turkey for the minimum health and Adoption of the EU Acquis, which was published on the safety requirements Official Gazette no 27097 dated 31 December 2008, Turkey regarding the exposure of has committed to enact this legislation after 2011) workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

CPS Corporate & Public Strategy Advisory Group

 Labour Act No 4857 Official Gazette dated 10/6/2003 – 25134 Council Directive  Law No. 5763 on amending Labour Law and Certain Laws 91/383/EEC of 25 June Official Gazette 26/05/2008 - 26887 1991 supplementing the  By-law on Health and Safety for Fixed-Term and Temporary measures to encourage Workers Official Gazette dated 15/5/2004 - 25463 improvements in the safety and health at work  Law Amending Certain Laws (In accordance with the of workers with a fixed- National Programme of Turkey for the Adoption of the EU duration employment Acquis, which was published on the Official Gazette no relationship or a 27097 dated 31 December 2008, Turkey has committed to temporary employment enact this legislation after 2011) relationship  Implementing Regulations on the Law Amending Certain Laws (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has commitfted to enact this legislation after 2011) © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 199

CPS Corporate & Public Strategy Advisory Group

 Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)

Regulation (EC) No No corresponding legislation 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part One

Regulation (EC) No No corresponding legislation 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (Text with EEA relevance)

Regulation 1612/68/EEC No corresponding legislation of the Council of 15 October 1968 on freedom of movement for workers within the Community.

CPS Corporate & Public Strategy Advisory Group

Directive 2004/38/EC of the European Parliament No corresponding legislation and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC Commission Regulation (EC) No 635/2006 of 25 April 2006 repealing No corresponding legislation Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State (Text with EEA relevance) 2003/8/EC: Commission Decision of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the No corresponding legislation clearance of vacancies and applications for employment repealing the Commission Decision 93/569/EEC of 22 October 1993 on the implementing of Council Regulation 1612/68/EEC on freedom of movement for workers within the Community as regards, in particular, a network entitled Eures (European Employment Services) Directive 2005/36/EC of the European Parliament No corresponding legislation and of the Council of 7 September 2005 on the recognition of professional qualifications

CPS Corporate & Public Strategy Advisory Group

Commission Regulation No corresponding legislation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (Text with EEA relevance)

Regulation (EC) No 883/2004 of the European Parliament and of the No corresponding legislation Council of 29 April 2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Council Directive 98/49/EC of 29 June 1998 No corresponding legislation on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community

Commission Decision 2001/548/EC of 9 July No corresponding legislation 2001 on the setting-up of a committee in the area of supplementary pensions

CPS Corporate & Public Strategy Advisory Group

Council Decision 2004/689/EC of 4 October No corresponding legislation 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC

CPS Corporate & Public Strategy Advisory Group

Regulation (EC) No No corresponding legislation 592/2008 of the European Parliament and of the Council of 17 June 2008 amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (Text with EEA relevance)

No corresponding legislation Decision No 283/2010/EU of The European Parliament And Of The Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion  Labour Act No 4857 Official Gazette dated 10/6/2003 – Directive 2009/148/EC of 25134 the European Parliament  Law No. 5763 on amending Labour Law and Certain Laws and of the Council of 30 Official Gazette 26/05/2008 - 26887 November 2009 on the  By-law on the Protection of Workers from the Risks Related protection of workers to Exposure to Carcinogen and Mutagen Substances at Work from the risks related to Official Gazette dated 26/12/2003 - 25328 exposure to asbestos at  By-law for protection and precautions to risks related to work (Text with EEA asbestos Official Gazette dated 26/12/2003 - 25328 relevance)

CPS Corporate & Public Strategy Advisory Group

Regulation (EC) No  No corresponding legislation 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland)

Regulation (EC) No  No corresponding legislation 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (Text with relevance for the EEA and for Switzerland)

Council Directive  Labour Act No 4857 Official Gazette dated 10/6/2003 – 2010/18/EU of 8 March 25134 2010 implementing the  Law No. 5763 on amending Labour Law and Certain Laws revised Framework Official Gazette 26/05/2008 - 26887 Agreement on parental  Law No. 657 on Civil Servants Official Gazette dated leave concluded by 23/07/1965 – 12056) BUSINESSEUROPE,  Draft Law concerning amendment of Law on Civil Servants UEAPME, CEEP and and Labour Act ETUC and repealing Directive 96/34/EC

Council Directive 86/613/EEC of 11  No corresponding legislation. December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self- employed capacity, and on the protection of self- employed women during pregnancy and motherhood

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Directive 2010/41/EU of the European Parliament  No corresponding legislation. and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

Decision No 284/2010/EU  Council of Ministers Decision on the Approval of the of the European Memorandum of Understanding on the EU Community Parliament and of the Program for Employment and Social Solidarity (PROGRESS) Council of 25 March 2010 amending Decision No 1672/2006/EC establishing a Community Programme for Employment and Social Solidarity — Progress

 By-law on the Protection of the Health and Safety Measures Commission Directive from the Risks Related to Chemical Agents at Work 2009/161/EU of 17 published in the OG dated 26.12.2003 - 25328 December 2009 establishing a third list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC and amending Commission Directive 2000/39/EC (Text with EEA relevance)

B. 2008 Turkey’s National Programme for the Adoption of the Acquis

Upon the letter No. 2408 and dated 10.11.2008 of Turkish Ministry of Foreign Affairs, the Turkish Council of Ministers approved on 10.11.2008 Turkey‘s National Programme for the Adoption of EU Acquis and Decision on Implementation, Coordination and Monitoring of Turkey‘s National Programme for the Adoption of EU Acquis

Turkey‘s National Programme for the Adoption of EU Acquis (NPAA) is a response to the revised accession partnership document which was approved on 18 February 2008 by the European Union Council. Thus, in line with the short and medium term priorities the Accession Partnership 2008, Turkey‘s NPAA sets out a timetable and a © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 206

CPS Corporate & Public Strategy Advisory Group list of new legislation as well as certain amendments in the existing legislation in order to adopt with EU acquis. Turkey‘s third National Program was adopted by the Turkish President Abdullah Gül on 31 December 2008 and it presents short and medium term commitments of Turkey for the adopting of acquis in 4 consecutive years. These commitments are made in accordance with the accession partnership, Screening Reports, negotiation framework documents and progress reports. It should be noted that the legislations which are marked with an asterisk are under discussion at the relevant institutions and have not been put into effect.

The following table consists of Turkey’s commitments to adopt EU acquis in the field of Employment and Social Policy:

EU Legislation Draft Turkish Expected Date of Legislation Harmonization

Council Directive Law Amending Certain After 2011 97/81/EC of 15 December Laws 1997 concerning the Framework Agreement Implementing Regulations After 2011 on part-time work on the Law Amending concluded by UNICE, Certain Laws CEEP and the ETUC - Annex: Framework agreement on part-time work

Council Directive Law Amending Certain After 2011 1999/70/EC of 28 June Laws 1999 concerning the framework agreement on Implementing Regulations After 2011 fixed-term work on the Law Amending concluded by ETUC, Certain Laws UNICE and CEEP

Directive 91/533 on Law Amending Certain After 2011 information of employees Laws of conditions applicable to their contracts Implementing Regulations After 2011 on the Law Amending Certain Laws

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Directive 94/33 on the Law Amending the Labour 2009-2010* protection of young Law No. 4857 people at work

Directive 96/71/EC of the Law Amending Certain After 2011 European Parliament Laws and of the Council of 16 December 1996 Implementing Regulations After 2011 concerning the posting of on the Law Amending workers in the Certain Laws framework of the provision of services

Directive 2003/88/EC of Law Amending Certain After 2011 the European Parliament Laws and of the Council of 4 November 2003 Implementing Regulations After 2011 concerning certain on the Law Amending aspects of the Certain Laws organisation of working time

Council Directive Law Amending Certain After 2011 1999/63/EC of 21 June Laws 1999 concerning the Agreement on the Implementing Regulations After 2011 organisation of working on the Law Amending time of seafarers Certain Laws concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) - Annex: European Agreement on the organisation of working time of seafarers

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Council Directive Civil Aviation Labour Law 2009-2010* 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (Text with EEA relevance

Directive 2002/15/EC of Law Amending Certain After 2011 the European Parliament Laws and of the Council of 11 March 2002 on the Implementing Regulations After 2011 organisation of the on the Law Amending working time of persons Certain Laws performing mobile road transport activities

Directive 98/59 relating Law Amending Certain After 2011 to collective Laws redundancies Implementing Regulations After 2011 on the Law Amending Certain Laws

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Council Directive Law Amending Certain After 2011 94/45/EC of 22 Laws September 1994 on the establishment of a Implementing Regulations After 2011 European Works on the Law Amending Council or a procedure Certain Laws in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees

Directive 2001/23 on the Law Amending Certain After 2011 safeguarding of Laws employees rights in the event of transfers of Implementing Regulations After 2011 undertakings or on the Law Amending businesses Certain Laws

Council Directive Law Amending Certain After 2011 2001/86/EC of 8 October Laws 2001 supplementing the Statute for a European Implementing Regulations After 2011 company with regard to on the Law Amending the involvement of Certain Laws employees

Directive 2002/14/EC of Law Amending Certain After 2011 the European Parliament Laws and of the Council of 11 March 2002 establishing Implementing Regulations After 2011 a general framework for on the Law Amending informing and consulting Certain Laws employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation

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Directive 2003/72/EC of Law Amending Certain After 2011 22 July 2003 Laws supplementing the Stature for a European Implementing Regulations After 2011 Cooperative Society with on the Law Amending regard to the Certain Laws involvement of employees

Directive 2006/54/EC of Law Amending Certain After 2011 the European Parliament Laws and of the Council of 5 July 2006 on the Implementing Regulations After 2011 implementation of the on the Law Amending principle of equal Certain Laws opportunities and equal treatment of men and women in matters of employment and occupation (recast)

Directive 92/85 on health Law Amending the Civil 2009* and safety at work of Servants‘ Law and the pregnant workers and Labour Law workers who have recently given birth Implementing Regulation 2009* on the Occupational Health and Safety of Public Officials

Council Directive Law Amending the Civil 2009* 96/34/EC of 3 June 1996 Servants‘ Law and the on the framework Labour Law agreement on parental leave concluded by Implementing Regulation 2009* UNICE, CEEP and the on the Occupational ETUC Health and Safety of Public Officials

Directive 2000/43 on the Law Amending Certain After 2011 principle of equal Laws treatment between persons irrespective of Implementing Regulations After 2011 racial or ethnic origin on the Law Amending Certain Laws © All rights reserved. Corporate and Public Strategy Advisory Group 2011. 211

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Council Directive Law Amending Certain After 2011 2000/78/EC of 27 Laws November 2000 establishing a general Implementing Regulations After 2011 framework for equal on the Law Amending treatment in employment Certain Laws and occupation

Council Directive Occupational Health and 2009* 89/391/EEC of 12 June Safety Law 1989 on the introduction of measures to encourage Implementing Regulation 2009* improvements in the on the Occupational safety and health of Health and Safety of workers at work Public Officials

Council Directive Implementing Regulation 2009* 89/655/EEC of 30 on the Occupational November 1989 Health and Safety of concerning the minimum Public Officials safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Council Directive Implementing Regulation 2009* 89/656/EEC of 30 on the Occupational November 1989 on the Health and Safety of minimum health and Public Officials safety requirements for the use by workers of personal protective equipment at the workplace (third individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

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Council Directive Implementing Regulation 2009* 90/270/EEC of 29 May on the Occupational 1990 on the minimum Health and Safety of safety and health Public Officials requirements for work Implementing Regulation with display screen on Safety Measures equipment (fifth (OJ 23.12.2003, 25325) individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)

Directive 2004/40/EC of Implementing Regulation After 2011 the European Parliament on the Protection of and of the Council of 29 Employees‘ Health and April 2004 on the Safety from the Risks minimum health and Arising from Exposure to safety requirements Electromagnetic Field regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

Directive 2006/25/EC of Implementing Regulation After 2011 the European Parliament on Optical Radiation and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)

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Council Directive Law Amending Certain 2009* 91/383/EEC of 25 June Laws 1991 supplementing the measures to encourage Implementing Regulations 2009* improvements in the on the Law Amending safety and health at work Certain Laws of workers with a fixed- 2009* duration employment Implementing Regulation relationship or a on the Occupational temporary employment Health and Safety of relationship Public Officials

Decision No 283/2010/EU of The European No corresponding Parliament And Of The legislation

Council of 25 March _ 2010 establishing a European Progress Microfinance Facility for employment and social inclusion Directive 2009/148/EC of the European Parliament Labour Act No 4857 It will be enacted after the and of the Council of 30 Official Gazette dated adoption of Occupational November 2009 on the 10/6/2003 – 25134 Health and Safety Law. protection of workers from the risks related to Law No. 5763 on exposure to asbestos at amending Labour Law and work (Text with EEA Certain Laws Official relevance) Gazette 26/05/2008 - 26887 By-law on the Protection of Workers from the Risks Related to Exposure to Carcinogen and Mutagen Substances at Work Official Gazette dated 26/12/2003 - 25328 By-law for protection and precautions to risks related to asbestos Official Gazette dated 26/12/2003 - 25328

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Directive 2009/104/EC of The European - Labour Act No 4857 It will be amended in Parliament and of The Official Gazette dated accordance with the Council of 16 September 10/6/2003 – 25134 adoption of the 2009 concerning the Occupational Health and minimum safety and - Law No. 5763 on Safety Law. health requirements for amending Labour Law and the use of work Certain Laws Official equipment by workers at Gazette 26/05/2008 – work (second individual 26887 Directive within the meaning of Article 16(1) - By-law on Health and of Directive 89/391/EEC) Safety Conditions in Using (Text with EEA Work Equipment Official relevance Gazette dated 11/2/2004 - 25370

Regulation (EC) No No corresponding _ 987/2009 of the European legislation Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (Text with relevance for the EEA and for Switzerland) Regulation (EC) No 988/2009 of the European No corresponding _ Parliament and of the legislation Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (Text with relevance for the EEA and for Switzerland)

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Council Directive  Labour Act No 4857 2009* 2010/18/EU of 8 March Official Gazette dated 10/6/2003 – 25134 2010 implementing the  Law No. 657 on Civil revised Framework Servants Official Gazette Agreement on parental dated 23/07/1965 – 12056) leave concluded by  Law Amending the Civil BUSINESSEUROPE, Servants‘ Law and the UEAPME, CEEP and Labour Law (In accordance with the National ETUC and repealing Programme of Turkey for Directive 96/34/EC the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009)  Implementing Regulation on the Occupational Health and Safety of Public Officials (In accordance with the National Programme of Turkey for the Adoption of the EU Acquis, which was published on the Official Gazette no 27097 dated 31 December 2008, Turkey has committed to enact this legislation by 2009) Council Directive 86/613/EEC of 11 No corresponding - December 1986 on the legislation. application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self- employed capacity, and on the protection of self- employed women during pregnancy and motherhood

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Directive 2010/41/EU of - the European Parliament No corresponding and of the Council of 7 legislation. July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self- employed capacity and repealing Council Directive 86/613/EEC

Decision No 284/2010/EU of the European Council of Ministers After 2011 * Parliament and of the Decision on the Approval Council of 25 March of the Memorandum of 2010 amending Decision Understanding on the EU No 1672/2006/EC Community Program for establishing a Employment and Social Community Programme Solidarity (PROGRESS) for Employment and Social Solidarity — Progress

Commission Directive By-law on the Protection 2009/161/EU of 17 of the Health and Safety It will be enacted after the December 2009 Measures from the Risks adoption of the establishing a third list of Related to Chemical Occupational Health and indicative occupational Agents at Work published Safety Law. exposure limit values in in the OG dated implementation of 26.12.2003 - 25328 Council Directive 98/24/EC and amending Commission Directive 2000/39/EC (Text with EEA relevance

* under discussion at the relevant institutions and have not been put into effect yet

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VII. NEGOTIATIONS PROCESS

A. Assessments by the EU

At the 1999 Helsinki European Council, EU leaders have announced Turkey as a candidate state for EU membership. Subsequently, the Brussels Council in December 2004 set the starting date of the accession negotiations between Turkey and the EU as 3 October 2005. The negotiation process started with the initial phase of screening.

Turkey‘s progress in meeting the requirements for membership has been regularly reviewed by the Council, based on the Commission‘s Regular Progress Reports. On 9 November 2010, the latest annual progress report on Turkey, Turkey 2010 Progress Report was published by the Commission.

B. Accession Partnership Documents

The Luxembourg Summit, which has been held on 12-13 December 1997 and being considered as a turning point for the future of Europe, paved the way to several important initiatives and took the decision for a creation of a new instrument, namely ―the Accession Partnership‖, which would be the key feature of the enhanced pre- accession strategy, by mobilizing all forms of assistance to the candidate countries within a single and coherent framework.

In general, each Accession Partnership:

- evaluates the priority areas in which the candidate country needs to make headway so as to accede to the EU and provides consequently a framework for the candidate country for the programming of its priorities (short/medium term);

- specifies the procedure for the candidate country to take advantage of the pre-accession aid which is financial support tool to be used for the preparations for accession;

- gives occasion to the candidate country to plan its financial means necessary for realizing the determined priorities.

Accordingly, the Council had adopted the first Accession Partnership for Turkey in March 2001 in accordance with the Luxembourg Presidency Conclusions.

The Revised Accession Partnership was presented by the Commission in March 2003 and adopted by the Council soon after, in May 2003.

Following the Recommendation of October 2004, the Commission proposed the adoption of a new Revised Accession Partnership in 2005. The Revised Accession Partnership Document had been approved via Decision 2006/35/EC.

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The Revised Accession Partnership Document issued in 2005, includes the most recent tasks assigned by the EU lays down the short and medium term priorities of Turkey.

In this framework, the requirements to be fulfilled by Turkey under the employment and social policy heading are enumerated as follows:

Short Term:

 ―Develop a yearly plan for financing investment, based on a realistic assessment of costs of alignment and of available public and private resources.  Establish conditions for an effective social dialogue, inter alia by abolishing restrictive provisions on trade union activities and ensuring respect for trade union rights.  Support social partners‘ capacity building efforts, in particular with a view to their future role in the elaboration and implementation of employment and social policy, notably through autonomous social dialogue.  Continue efforts to tackle the problem of child labour.  Reinforce the capacity of all institutions involved in the transposition of the acquis in the field.‖

Medium Term:

 ―Complete transposition of the acquis and strengthen the related administrative and enforcement structures, including the labour inspectorates.  Ensure implementation and enforcement of the social policy and employment acquis.  Prepare a national employment strategy with a view to participation in the European Employment Strategy, including preparation and implementation of a Joint Employment Policy Review, and develop a capacity to monitor labour market and social developments.  Prepare a national strategy on social inclusion, including data collection, in line with EU practice.  Further develop social protection, notably by consolidating the reform of the social security and pension system with a view to financial sustainability, while strengthening the social safety net.‖

However, on 23 February 2006, the Council adopted the revised Accession Partnership for Turkey. This fourth Accession Partnership with Turkey repealed Decision 2006/35/EC.

The Revised Accession Partnership Document (2008) priorities, as laid down herein below, form the basis for programming the financial assistance of the Community, especially under Instrument for Pre-Accession Assistance (IPA). The Council adopted a decision at the meeting of the General Affairs and External Relations Council,

© All rights reserved. Corporate and Public Strategy Advisory Group 2011. 219 CPS Corporate & Public Strategy Advisory Group revising the principles, priorities and conditions contained in the Accession Partnership with Turkey on 18th February 2008.

In this framework, the requirements to be fulfilled by Turkey under the employment and social policy heading as follow:

Short Term:

As regards to the short-term priorities, under Economic and Social Rights: Labour Rights and Trade Unions, it is underlined that it is necessary to guarantee that full trade union rights are adhered in line with the European standards and the relevant ILO Conventions especially with respect to right to organise, the right to strike and the right to bargain collectively. Also, it is indicated that reinforcing social dialogue and cooperation with EU partners are necessary.

As regards to the short-term priorities, under Ability to Assume the Obligations of Membership, the chapter 19: Employment and Social Policy is tackled as following:

 ―Establish conditions for an effective social dialogue at all levels, inter alia, by adopting new legislation eliminating restrictive provisions on trade union activities and ensuring full trade union rights.  Provide an analysis of undeclared work in Turkey and draw up a plan to tackle this problem in the context of an overall action plan for the enforcement of the acquis for the benefit of the entire workforce.  Finalise the work on the Joint Inclusion Memorandum (JIM) and the Joint Assessment Paper on Employment Policy Priorities (JAP) and actively implement both follow-up processes.‖

Medium Term:

 ―Continue transposition of the acquis and strengthen the related administrative and enforcement structures including the labour inspectorates, in association with social partners.  Enhance capacity to assess and monitor labour market and social developments and address structural problems.‖

C. Accession Negotiations

Before the actual accession negotiations are started, the Commission screens the extent to which the candidate countries apply the acquis communautaire in all the different policy areas.

The launch of negotiations on the 3rd of October 2005 indicated the start of the Commission's screening process aimed at taking stock of Turkey's progress in harmonizing its laws with those of the Union. This screening process comprises the initial stage of the actual negotiations and screening of 35 chapters. The screening meetings are conducted in two stages. During the first ―analytical screening‖ stage, the Commission explains its acquis to Turkey through an explanatory meeting, while in

© All rights reserved. Corporate and Public Strategy Advisory Group 2011. 220 CPS Corporate & Public Strategy Advisory Group the second – ―detailed or bilateral screening‖ – stage the national representatives explain its current laws and commitments.

In the meantime, once the Commission considers Turkey‘s fulfilment adequate in a given chapter, it would propose the opening of the negotiations on that chapter. This means that the decision on when to start and conclude negotiations would be made for each chapter individually.

The screening meetings started on 20 October 2005 in the ―Science and Research‖ chapter with the first explanatory meeting. The negotiations in this chapter opened and provisionally closed on 12 June 2006.

Regarding the employment and social policy chapter, explanatory meeting was conducted between 8th and 10th February 2006 while the detailed meeting took place between 20th and 22nd March 2006.

Finally, the screening process for Turkey was finalized on 12-13 October 2006 with the detailed meeting in the chapter ―Judiciary and Fundamental Rights‖.

Due to the latest developments concerning South Cyprus Greek Administration, the actual opening of the following eight chapters (Free Movement of Goods; Free Movement of Services and the Right of Establishment; Agriculture; Fisheries; Transport; External Relations; Financial Services; and Customs Union) is not foreseen to be realised as long as the Cyprus issue remains as a problem:

On the other hand, although the rest of the chapters may be opened, they will not be closed until Turkey fulfils its obligations vis-à-vis the Greek Administration of Southern Cyprus under the Customs Union as provided in the Protocol (to the Ankara Agreement) dated 29 July 2005, extending EU-15 Customs Union to the ten new Member States.19

 Chapters that have been opened and provisionally closed for negotiations:

. Chapter 25 – Science and Research:

It was opened and provisionally closed for negotiations on 12 July 2006.

 Chapters that have been opened for negotiations:

. Chapter 20 – Enterprise and Industrial Policy:

The second accession conference opened negotiations on Enterprise and Industrial Policy on 29 March 2007. Besides the political benchmark which is ―full non- discriminatory implementation of the Additional Protocol to the Association

19 Despite signing this Protocol, Turkish government also issued a declaration on the non-recognition of Greek Administration of Southern Cyprus.

Agreement, one closing benchmark are stipulated in order to close this chapter for negotiations.

. Chapter 18 - Statistics:

The third Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 26 June 2007. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, 2 closing benchmarks are determined under this chapter.

. Chapter 32 – Financial Control:

The third Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 26 June 2007. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, 6 closing benchmarks were brought under this chapter.

. Chapter 21 - Trans – European Networks:

The fourth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 19 December 2007. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, further one closing benchmark was determined to be met by Turkey.

. Chapter 28 – Consumer and Health Protection:

The fourth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 19 December 2007. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, five more closing benchmark was determined to be met by Turkey.

. Chapter 6 – Company Law:

The fifth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 17 June 2008. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, five more closing benchmark was determined to be met by Turkey.

. Chapter 7 – Intellectual Property Rights:

The fifth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 17 June 2008. Besides the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, four more closing benchmark was determined to be met by Turkey.

. Chapter 4 – Free Movement of Capital:

The sixth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 19 December 2008. In addition to the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, four more closing benchmark was determined to be met by Turkey.

. Chapter 10 – Information Society and Media:

The sixth Intergovernmental Conference with Turkey at ministerial level opened this chapter for negotiations on 19 December 2008. In addition to the political benchmark which is ―full non-discriminatory implementation of the Additional Protocol to the Association Agreement, five more closing benchmark was determined to be met by Turkey.

. Chapter 11 – Taxation:

This chapter was opened to negotiations at the intergovernmental conference, which took place on 30 June 2009. According to progress report 2009, there has been progress towards legislative alignment in this chapter, in particular towards reducing the discriminatory taxation on alcoholic beverages. Turkey‘s tax system largely follows the structure of the EU acquis in the fields of VAT, excise duties and direct taxation. However, several discrepancies need to be addressed before achieving full alignment. Modernisation of the tax administration has continued, improving the service to tax payers and increasing revenue.

. Chapter 27 – Environment

At the end of the intergovernmental accession conference held in 21 December 2009, the Environment Chapter was opened in Turkey‘s EU accession negotiations.

. Chapter 12 – Food Safety, Veterinary & Phytosanitary Policy

Food Safety, Veterinary and Phytosanitary Policy Chapter was opened under Spanish Presidency on June 31, 2010.

In sum, out of 35 negotiation chapters, thirteen were opened, one is provisionally closed, eight chapters are suspended and ten other chapters are politically blocked by the objections from France and Southern Cyprus.

On the other hand, the Council of the European Union has approved the screening reports of ―Economic and Monetary Policy‖ and of ―Education and Culture‖ and Turkey has already submitted its negotiation position on these chapters. The opening of the ―Social Policy and Employment‖ Chapter has been approved by the European Council but the chapter will only be opened unless Turkey meets the defined opening criteria.

The two opening criteria determined by the European Council for the start of negotiations on the Social Policy and Employment chapter are:

(1) The harmonization of the trade union rights (particularly rights to mobilization, strikes and collective bargaining) in Turkey with that of the EU standards and in the ILO Conventions. Turkey needs to eliminate present restrictions in this area and adopt a revised legislation covering both the public and the private sectors.

(2) Submission of an Action Plan on the gradual transposition, implementation and execution of the EU acquis by Turkey. Turkey presented its Action Plan on Social Policy and Employment to the European Commission in April 2010.

Hungary hands over EU Presidency to Poland for the period 30 June – 31 December 2011. No new negotiation chapters have been opened during the accession process between Turkey and the EU since the beginning of July 2010. 18 out of the remaining chapters are currently suspended due to technical and political reasons detailed above.

The ―Competition Policy‖, ―Public Procurement‖ and ―Social Policy and Employment‖ are the only negotiation chapters which are technically feasible to get opened between the EU and Turkey.

D- Turkey 2010 Progress Report

Turkey 2010 Progress Report that was published by the Commission on 9 November 2010, lists the subsequent remarks regarding the progress of Turkey in meeting of the EU Acquis under ―Chapter 19: Employment and Social Policy, as follows:

―There has been no progress regarding transposition of the acquis on labour law. The Labour Law does not apply to certain sectors of the economy. The decision to set up a new department for disadvantaged groups in the Ministry of Labour and Social Security is a positive step. The labour inspection board remain to be strengthened in particular as regards staffing and cooperation with the social partners.

Little progress has been made in the area of health and safety at work. Administrative capacity as well as the awareness level have increased, with the contribution of EU- funded actions. According to official statistics covering only registered workers, 72,963 occupational accidents occurred in 2008, slightly less than in 2007. The numbers would be much higher if the informal sector were included. There has been no progress regarding transposition of the Framework Directive on health and safety at work. This is a major shortcoming for the implementation of legislation already transposed. The capacity of the labour inspection board, which is a priority in this area, continued to be strengthened through recruitment and training of additional staff. However, the number of labour inspectors remains very low compared to the size of the economy and the labour market. Dramatic fatal occupational accidents in the mining and quarrying sectors have raised concerns over enforcement of legislation as well as the inspections carried out by public authorities. Fatal ‗silicosis‘ diseases caused by poor working conditions in jeans sandblasting workshops continued to occur.

There has been some progress in the area of social dialogue, in particular in the public sector. Amendments were made to the Constitution granting the right to collective bargaining and collective agreements to civil servants and other public employees and making disciplinary decisions against civil servants subject to judicial review. Amendments also included lifting the ban on certain strikes, removing the ban on membership of more than one trade union at the same time and in the same branch of activity, and repealing the restriction to one collective agreement at the same workplace for the same time. Furthermore, with the constitutional amendments, the Economic and Social Council has become a constitutional body, to be consulted by the government for policy making in the economic and social fields. Furthermore, the Prime Minister‘s Office issued a circular aiming to improve the situation of civil servants, including facilitating the exercise of trade union rights in the public sector. However, the legal framework to which the Constitution refers in view of regulating the rights to negotiate, to organise collective actions for workers, employees and civil servants remains restrictive and needs to be brought into line with EU standards and ILO Conventions. An ILO high-level bipartite mission to Turkey consisting of the employers‘ and workers‘ spokespersons from the Committee on the application of standards was unable to note any measurable progress towards the adoption of relevant legislation. The government has attempted to address some key issues such as ensuring the right to freedom of association and collective bargaining at workplace level in a new draft law on trade union rights in the private sector, which failed to receive the support of the social partners. The number of workers covered by collective labour agreements remains very low. The work of the main social dialogue mechanisms (Tripartite Consultative Board, Economic and Social Council) and the capacity of social partners needs further strengthening. (See Political criteria — Labour rights and trade unions). The constitutional amendment package did not introduce the right to strike for civil servants.

There has been some progress on employment policy. Turkey is preparing its national employment strategy. Job creation incentives announced in the midst of the financial crisis were prolonged. There is a decreasing trend in unemployment compared to 2009. The Turkish Employment Agency (ISKUR) kept up its efforts to register unemployed and deliver services to them. The active labour market measures have been significantly extended40. However, the coverage rate of unemployment benefit is too low. Only 6% of the unemployed received benefits from the fund in March 2010. The overall administrative capacity of Turkey‘s public employment service remains weak. Labour force participation and employment rates are low. The south-east region has the lowest participation rates. The youth unemployment remains high but has shown a decreasing trend in the first 2 quarters of 2010. The percentage of undeclared workers has followed a downward trend after reaching a peak in June 2009. However, 44.8% of the people in employment are not registered with the social security system and hence are deprived of the protection of labour law and pension rights. The work to combat against undeclared work intensified, especially through increased coordination and cooperation between the SSI and the other public and private institutions. 336,838 undeclared workers were identified with this means. However the inspection capacity remains insufficient compared to the wide scope of the informal economy. There has been no progress regarding finalisation of the joint assessment paper (JAP) on employment priority policies.

There has been some progress in preparations for the European Social Fund (ESF). The operating structure established under the Ministry of Labour and Social Security, which is responsible for the management of the human resources development operational Programme (HRD OP) under IPA component IV, has continued to increase capacity. After all the formal requirements had been met, implementation of the HRD OP started with the launch of the first award procedures and signature of the first contracts. However, major delays have occurred in the evaluation process and signing of the first contracts which took place only in May 2010. Implementation of operations currently launched needs to be speeded up to prevent the risk of substantial loss of funds. Monitoring and evaluation of programmes needs strengthening.

There has been little progress in the field of social inclusion. An amendment to the Constitution paves the way for positive discrimination for children, the elderly and disabled people. Turkey has no comprehensive policy framework to address poverty. The percentage of the population at risk of poverty remains high, and children continue to face a disproportionate risk of poverty. Poverty among the working population remains a concern, especially among seasonal workers, those in subsistence agriculture and undeclared workers.

An action plan has been adopted by the Economic Coordination Committee, aiming to establish links between social services and public employment services. The vernment has lifted budget-related staff limitations on employment of persons with disabilities in public institutions45. However, national Turkish institutions promoting social inclusion remain dispersed and weak. Further efforts are needed to increase the employability of persons with disabilities in both the public and private sector. No progress has been made towards finalisation of the Memorandum on social protection and social inclusion (JIM).

There has been little progress in the field of social protection. A circular was issued by the Prime Minister‘s Office addressing the conditions of seasonal migrant agricultural workers with regard, among other things, to housing, access to education, health and social security. A free helpline number (144) regarding social assistance services has been launched. The percentage of people covered by the social security system remained at 80%. The draft law on social assistance and payments without premiums is still pending. Turkey reports a large deficit in the pension system, which has widened considerably in the wake of the crisis. More efforts are needed to extend the coverage of the pension system to undeclared workers and to encourage those covered to work longer in the formal sector, Access to primary health services and extension of the general health insurance scheme have improved. Staff shortages remain an acute challenge for the healthcare system.

There has been no progress towards transposition of the acquis in the field of antidiscrimination. The Labour Law is not applicable to the period prior to conclusion of a labour contract. There is no definition in Turkish legislation of direct and indirect discrimination. The acquis covering discrimination on grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation is not transposed.

Some progress can be reported in the field of equal opportunities. The constitutional amendment stipulates that measures taken to achieve substantive equality between men and women cannot be deemed contrary to the principle of equality. A circular was issued by the Prime Minister‘s Office to mainstream gender issues into implementation of, among other things, employment-related legislation and policies, workplace inspections, strategic plans and in-service training. The parliamentary Commission on equal opportunities for men and women continued its work by preparing reports and holding consultations with relevant parties. Women‘s employment and labour force participation rates46 remain lower than all the EU Member States and the lowest among OECD countries. Women are disproportionally affected by informal work conditions and unpaid work in agriculture. The provision of affordable child care is insufficient. The gender pay gap persists. Legislation and policies aiming to harmonise work and family life are yet to be adopted. Efforts to implement the national action plan for 2008-2013 on gender equality lack sufficient human and financial resources (see Political criteria — Economic and social rights).

Conclusion

Overall, Turkey made some progress in the field of social policy and employment. The constitutional amendment package brings significant improvements in the area of social dialogue in the public sector and paves the way for positive discrimination towards women, children, elderly and disabled people. However, Turkey‘s alignment in the field of social policy and employment remains limited. A comprehensive reform of trade union legislation aimed at achieving full trade union rights in line with EU standards and ILO conventions is still pending. The constitutional amendment package did not introduce the right to strike for civil servants. The Turkish labour market continues to feature large-scale undeclared work and low female employment rates. The limited scope of the labour law and enforcement of the health and safety legislation are areas of concern. A general policy framework to combat poverty remains to be established. The administrative capacity for effective implementation of the acquis in the field of social policy and employment needs to be strengthened.‖

E- 2010-2011 Action Plan

A New European Union Strategy on Turkey‘s Accession Process was put into force in January 2010. This strategy, composed of four pillars, aspires to advance the accession negotiations and promote public awareness and support throughout the EU accession process. The second pillar of this new strategy is envisaged to make progress on all the chapters (opened, suspended or politically blocked). To this end, on 15 March 2010, Turkish Council of Ministers adopted the ―2010-2011 Action Plan‖, an up-to-date programme following the Turkish National Programme 2008 for the Adoption of the Acquis, prepared in the light of the priorities in the Accession Partnership. 2010-2011 Action Plan is the latest document which sets the agenda of reform making process and marks Turkey‘s commitment to align its national legislation with the Acquis until the year 2013.

In the framework of the Action Plan 2010-2011, Turkey is expected to pass Law Amending the Law No.2821 on Trade Unions, and Law No 2822 on Collective Labour Agreement, Strike and Lock-out for the compliance with the ILO Conventions 87, 98 and European Social Charter. On union rights of public officials, Turkey confirms to align Law Amending the Law No. 4688 on Civil Servants‘ Trade Unions to the ILO Conventions 87, 98, 151 and European Social Charter. Turkey also foresees to harmonize Occupation Health and Safety Law with the Directives 1989/391/EEC, 1989/655/EEC, 1989/656/EEC, 1990/270/EEC and 1991/383/EEC. The authority in charge of the harmonisation will be the Ministry of Labour and Social Security State Personnel Presidency.

On the other hand, Civil Aviation Labour Law is envisaged to be aligned with the Directive 2000/79/EC and finally Law on Social Services concerning the social service and support addressed to the people who are in need is planned to be harmonized with the European Social Inclusion Strategy.

Following to the adoption of the primary legislation, Turkey foresees to harmonise Regulation on Branch of Activity, Regulation on the Supervision of Worker‘s and Employers‘ Trade Unions and Confederation of Unions, Implementing Regulation on Procedures, Principles and Identification of Competent Unions to Carry Out Collective Labour Agreements with the ILO Convention No 87, 98 and European Social Charter.

After adopting these legislations, Turkey will harmonize Implementing Regulation on application to a Referee or an Official Arbiter and Implementing Regulation on the Measures to be taken in cases of Strike and Lock-out with the ILO Convention No.87, 98 and European Social Charter.

According to the Secretariat General for EU Affairs, Law Amending the Law No.2821 on Trade Unions, and Law No 2822 on Collective Labour Agreement, Strike and Lock-out and Law Amending the Civil Servants‘ Law and the Labour Law are currently under discussion at the Grand National Assembly of Turkey. On the other hand, Ministry of Labour and Social Security and State Personal Presidency are working on Law Amending the Law No 4688 on Civil Servants‘ Trade Unions. In addition this Minister of Labour and Social Security is making efforts for Civil Aviation Labour Law while Directorate General on Social Services and Child Protection is currently working on Law on Social Services. It should also be noted that the secondary legislation which are listed in the 2010-2011 Action Plan shall be amended or adopted after primary legislation, which are listed above, are put into force. As one of the benchmarks for the opening of the Social policy and Employment chapter, the Action Plan on Social Policy and Employment was prepared by the Ministry of Labour and Social Security and submitted to the Commission in April 2010.

REFERENCES

 EUR-Lex Web Site, Online Access to European Union Law: http://eur-lex.europa.eu/en/index.htm

 Pre-Lex Web Site, Monitoring of the decision-making process between institutions, available online at: http://ec.europa.eu/prelex/apcnet.cfm?CL=en

 Documents concerning the accession of the Czech Republic, the Republic of Estonia, the Greek Administration of Southern Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, available online at: http://eurlex.europa.eu/JOIndex.do?year=2003&serie=L&textfield2=236& Submit=Search

 Key Documents related to the accession of Bulgaria and Romania, available online at:  for Romania: http://ec.europa.eu/enlargement/archives/romania/key_documents_en.htm

 for Bulgaria: http://ec.europa.eu/enlargement/archives/bulgaria/key_documents_en.htm

 for the results of the negotiations on the accession of Bulgaria and Romania to the European Union: http://ec.europa.eu/enlargement/archives/pdf/result_of_neg_final_council _version_st05859_0405_en.pdf,

 - for the results of the negotiations on the accession of Bulgaria and Romania to the European Union: http://ec.europa.eu/enlargement/archives/pdf/result_of_neg_final_council_ version_st05859_0405_en.pdf

 The European Institutions‘ Press Room, available online at: http://europa.eu/rapid/setLanguage.do?language=en

 Official Website of the Secretariat General for the EU Affairs, Screening Process, available online at: http://www.abgs.gov.tr/tarama/screening.htm

 DG Enlargement: official web site Progress Reports – Accession Partnership http://ec.europa.eu/enlargement/

 European Commission Employment, Social Affairs and Equal Opportunities – official website http://ec.europa.eu/dgs/employment_social/index_en.htm

 European Parliament Committee on Employment and Social Affairs – official website http://www.europarl.europa.eu/committees/empl_home_en.htm

 Republic of Turkey Ministry of Labour and Social Security – official web site http://www.calisma.gov.tr/

 Secretariat General for the EU Affairs – official website http://www.abgs.gov.tr/

 Turkish Programme for the Adoption of Acquis (2007 – 2013) http://www.abgs.gov.tr/index.php?p=6&l=1

 The European Social Charter http://www.coe.int/T/E/Human_Rights/Esc/

 The European Convention on Human Rights (Council of Europe) http://conventions.coe.int/Treaty/en/Treaties/Word/005.doc

 The List of ILO Conventions http://www.ilo.org/ilolex/english/convdisp1.htm

 The Revised Accession Partnership Document (2008), available online at: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:051:0 004:0018:EN:PDF

 Turkey 2010 Progress Report (November 2010), available online at: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/tr_rap port_2010_en.pdf

 National Programme of Turkey for the Adoption of the EU Acquis (2008), available online at: http://www.abgs.gov.tr/index.php?p=42260&l=2

 European Union Strategy for Turkey’s Accession Process 2010-2011 Action Plan, available online at: http://www.abgs.gov.tr/files/strateji/2010_2011_action_plan.pdf

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